®
by Adrian Williams Design Ltd
TERMS OF BUSINESS
1. Scope of Terms
These conditions apply to all offers made by Adrian Williams Design Limited and shall apply to orders from customers to whom these conditions have been communicated, unless expressly stated otherwise in writing.
2. Contract
Any offers made by Adrian Williams Design Limited are not binding, unless they are expressly declared as such in the written offer. A contract shall come into force only when Adrian Williams Design Ltd has accepted an order in writing (as confirmation of order) or when the order has been fulfilled. The content of the contract shall be determined by the written confirmation of order, where such exists. Spoken agreements shall only be deemed valid if they are confirmed in writing. Such confirmation may only be issued by Adrian Williams Design Limited. Adrian Williams Design Limited reserves the right to rectify at any time any errors made in an offer, invoice or communication, such as errors in typing or calculations and the results deriving therefrom. The specific properties and performance of products as published shall only be deemed to be 'guaranteed features' if an express written undertaking is included in the contract or confirmation of order.
3. Delivery and Passage of Risk
The delivery time stated commences with the date given on the confirmation of order. Delivery dates are quoted to the best knowledge and belief of Adrian Williams Design Limited, but are not binding. Even when the delivery date is expressly guaranteed, Adrian Williams Design Limited shall be exempt from all liability if delivery is delayed as a result of an act of God, strike, lockout or delay on the part of the delivery firm for which Adrian Williams Design Limited is not responsible. Part deliveries and partial invoices for units supplied in workable condition are permissible. Risk passes to the customer when the goods leave Adrian Williams Design Limited.
4. Prices
All prices are published denote the price of delivery ex works. In the case of a change in costs, Adrian Williams Design Limited may adjust prices if the period between the date given on the confirmation of order and the proposed date of delivery exceeds 3 months. All prices are excluding packing, transport, transport insurance and VAT.
5. Payment and Retention of Title of Ownership
Bills for goods and for items delivered electronically shall be payable immediately and in full. Checks shall be accepted, as shall payment by credit cards such as MasterCard and Visa. Goods delivered remain the property of Adrian Williams Design Limited until such times as all claims of Adrian Williams Design Limited arising from transactions with the customer have been paid in full. If the purchase price is not paid as agreed, Adrian Williams Design Limited reserves the right to apply default interest at a rate 3% above the current discount rate of the European Central Bank, unless a higher level of damage caused by default can be proven. Adrian Williams Design Limited is entitled to demand return of goods and to withdraw from the contract one month after default begins. Unless otherwise agreed, delivery is against credit card. The payment method used to settle invoices must not incur any additional charges for Adrian Williams Design Limited. This applies in particular to cross-border payments. If payment by direct debit or check has been agreed and a direct debit or check is not honored or if a customer credit limit is exceeded, all subsequent deliveries, including backorders, shall be made solely on a cash on delivery/cash payment basis. This does not entitle the customer to refuse acceptance of delivery and the contract of purchase shall continue to apply. Any outstanding deliveries shall be withheld until final payment of all overdue invoices. The buyer shall not be entitled to withhold payments on account of claims made under the warranty or to deduct unrecognized counter claims from the purchase price.
6. Warranty
Adrian Williams Design Limited warrants that the goods shall be exempt from fault at the time of passing of the risk. Claims arising from faults after a 60 (sixty) day period are null and void. The period begins with the transfer of the goods to the customer. Should, within this time period any faults in the goods arise which vastly impair their value or suitability, Adrian Williams Design Limited will immediately remedy these faults after receipt of the problem definition. A remedy implicitly requires a reproducible problem, sufficiently described and directly reported to Adrian Williams Design Limited by the customer. Upon the sole discretion of Adrian Williams Design Limited, the warranty will be effected in that subsequent improvement to the goods will be made or the customer will receive fully-functional goods delivered free of charge. Adrian Williams Design Limited will reimburse all expenses that the customer may bear in order to remedy the faults. In case of failure of subsequent improvement the customer reserves the right of option to either debase or to withdraw from the contract. The statutory warranty period applies (with the exception of cases involving intervention in the items, unusual or exceptional use, items subject to wear and tear and all second hand, demonstration and trade show equipment). Any visible faults must be notified in writing immediately after delivery, at the latest within 7 days, hidden faults must be notified in writing as soon as they are detected. The warranty does not apply to damages incurred in transit, the carrier is generally liable in such cases. The condition of the goods is deemed to be their condition on arrival at Adrian Williams Design Limited. In the event of justified claims made within the appropriate period, Adrian Williams Design Limited shall rectify the defects, exchange the goods or issue the buyer with a credit note, at its discretion. Additional damages are excluded in all cases. The warranty period shall not be extended by services provided under the guarantee, even where parts are replaced or repaired. Returns to Adrian Williams Design Limited must be agreed in advance. Returns shall be sent at the buyerÕs risk, packed with care Ð to ensure that no damages are sustained in transit, and returned to Adrian Williams Design Limited freight paid. If the buyer returns goods, freight unpaid, Adrian Williams Design Limited shall be entitled to refuse to accept the consignment or to invoice the charges thus incurred. Return consignments of goods damaged in transit shall be sent at the consignor's cost. The cost of carrying out remedial work on goods returned for repairs not covered by the warranty shall be invoiced to the customer. Cost estimate preparation charges shall be invoiced to the customer, even if the customer subsequently decides against proceeding with the repair. The costs incurred in checking consignments of returned goods in which no defects are found shall also be invoiced to the customer.
7. Refund policy
For purchases made directly from Supplier, End User can request a refund within 60 days of the purchase by sending an email to support@clubtype.co.uk or in writing to the business address shown at Suppliers website address 'http://www.clubtype.co.uk'. Transaction information must be included and an explanation why the refund is being requested. When a refund is initiated, Adrian Williams Design Limited will communicate with the End User to give an opportunity to resolve the refund or return request. For purchases online via the Kagi processing ststem, if the refund or return issue cannot be resolved within 30 days, a refund will be credited to the End User.
8. Returns policy
End User is soley responsible for finally determining suitability of Software for End User's intended purpose. Prior to purchasing Software, free advice may be sought from Adrian Williams Design Limited either from the website or by other communication. Therefore, after purchase of Software, End User may not request a refund for return of Software on the grounds that Software purchased was not suitable for End User's use, or was ordered in error.
9. Right of Withdrawal, Compensation and Right of Retention
The customer may withdraw from the contract if Adrian Williams Design Limited is in default of a reasonable period of grace set by the customer for delivery or production of the goods ordered and if the customer cannot in good faith be expected to wait any longer. Liability is debarred for all other harms unless arising from a grossly negligent breach of duty of Adrian Williams Design Limited or of a willful or grossly negligent breach of duty of a legal agent or auxiliary person of Adrian Williams Design Limited. In compliance with statutory rights of retention, payments owed by the customer may only be withheld to a value which reasonably reflects the value of those parts of the order not yet delivered by Adrian Williams Design Limited in accordance with the contract, and which therefore cannot yet be used by the customer. After a period of 2 weeks from receipt of the first consignment, contract cannot be revoked. Revocation need not include any justification and must be made in writing on a permanent data carrier or by returning the item. To comply with the deadline, the buyer must simply ensure the revocation is sent to us within the time limit. Goods and services that are not in dispute are excluded from revocation. If the buyer exercises this right of revocation, Adrian Williams Design Limited shall be obliged to refund the purchase price paid; in this case, the buyer has no licensing rights or rights of use to the data, trademarks or software surrendered and undertakes to delete these when the contract of purchase is revoked. On receipt of your revocation, we shall be obliged to refund any payments made and the buyer shall be obliged to send back our consignment at our cost and risk. Return consignment shall be sent via the carrier of choice by Adrian Williams Design Limited. The recipient must inspect the delivery for transport damages immediately and notify Adrian Williams Design Limited and the transport company immediately in writing if any defects are detected. The recipient is responsible for complying with the carrierÕs notification period. Claims submitted after this period are normally refused by the carrier. Adrian Williams Design Limited shall be responsible for arranging transport insurance where applicable and shall accord the buyer the benefit of this service. Liability for broken or damaged packaging or outer packaging shall be the responsibility of the carrier.
10. Invalidity of one provision
The invalidity or inoperativeness of one or more provisions of this Agreement does not affect the validity of the rest of the Agreement and the remaining other provisions shall thereby remain unaffected. An invalid provision shall be replaced by a provision that approaches the interests intended by the parties.
11. Place of Performance and Jurisdiction
The place of performance is London. The law of the United Kingdom shall apply.
12. Terms of Use for the Adrian Williams Design Limited Website
12.1. Content of online-offers
The Adrian Williams Design Limited will use its best efforts to offer the information completely and in up-to-date fashion. However, Adrian Williams Design Limited does not take over any guarantee for the topicality, correctness, completeness and the quality of the information supplied on pages. Adrian Williams Design Limited shall not be responsible for any damage, directly whether material, phsycological or idealistic due to the provided on-line supply. All supplies offered on pages are not-binding and are completely noncommittal. All information is given by Adrian Williams Design Limited with the best of its knowledge. Errors and omissions are accepted. Adrian Williams Design Limited reserves itself the right to expressly change individual sections of the on-line supply or the entire supply without further notice to complete or to stop the entire on-line supply for a certain time or forever.
12.2. Adhesion for References/Links
All references or hyperlinks to external websites in the online-offer of Adrian Williams Design Limited are placed to the best of its knowledge and belief. At the time the links are set up, Adrian Williams Design Limited does not know whether these linked pages have infringing or illegal contents. Adrian Williams Design Limited does not have any influence on design or content of the linked pages. This is effective especially for pages being changed after they have already been linked to the online-offer of Adrian Williams Design Limited. Should linked pages comprise infringing or illegal contents Adrian Williams Design Limited requests that it be informed. Adrian Williams Design Limited will inspect links immediately and will remove such links with an infringing or illegal content promptly. Adrian Williams Design Limited is not legally responsible for infringing, illegal, defective or incomplete contents of linked pages and those damages occuring from using the corresponding information but will hold responsible only the provider of the corresponding pages.
12.3. Refund policy for Software purchased via Kagi payment system
End User can request a refund within 30 days of the purchase by sending an email to refund@kagi.com. Transaction information must be included in the email and an explanation why the refund is being requested. When the Kagi initiates a refund, they will send an email to both End user and Adrian Williams Design Limited. Kagi notifies the product Supplier to give the Supplier the opportunity to resolve the reason for End User refund request. Refund requests that have not been resolved within 2 weeks are processed and, for credit card purchases, the refund should then appear on the End User credit card statement.
12.4. Copyrights
All data on the website enjoys propietary protection in copyright law. Editing or copying is only permitted if necessary for access to the databases or their general use. All additional edits, copies or distributions and/or public re-production, especially unapproved adoption to an internet, or intranet, offer is an exceeding of the standard appraisal of the databases and therefore will be considered as an infringement of copyrights which will be prosecuted and obliges to payment of indemnifications. Adrian Williams Design Limited shall use its best efforts to display all copyrights of used graphics, audio-documents, video sequences and texts, its own graphics, audio-documents, video sequences and texts or any accessed licensed graphics, audio-documents, video sequences and texts. All patent design rights and trademarks mentioned in the online-offer or protected by third parties are all exclusively subject to the provisions of the respective valid identification law and the respective registered proprietor. The appearance of an incorrect copyright statement shall not mean that trademarks are not protected by rights of third parties. Copyrights for objects published and used by Adrian Williams Design Limited remain the property of Adrian Williams Design Limited. Copies or usage of such graphics, audio-documents, video sequences and texts in other electronic or printed publications is not permitted without expressly consent of Adrian Williams Design Limited.
12.5. Data security
If there is the possibility for input of personal or business data within the internet supply, the data is input voluntarily by the user. Personal data used by us in the framework of contract preparation or order processing are saved and only passed on to third parties for this purpose exclusively. In all other respects we use the respective data with justified interest of our company for purposes of credit verifications only if necessary.
12.6. Legal effect
The aforesaid rules for nonwarranty clause are an essential element of these online offers. They are valid for all pages of the offer. If one or more wordings or references to adhesion are void, the validity of all other clauses shall remain unaffected.
8 November 2007
