1.
The owner of this web site is Softuk.com Limited whose address
is Softuk.com, 72 New Bond Street, Mayfair, London, W1S 1RR
(‘Softuk.com’/‘we’/‘us’/‘our’)
2.
Your contract for purchases made through the
Site is with Softuk.com Ltd, and you undertake that any and
all goods ordered by you are for your own private and domestic
use only.
3.
You must be eighteen years old to use this
site. If you are under eighteen, you may only use the site in
conjunction with, and under the supervision of, a parent or
guardian. If you do not qualify, please do not use the site.
4.
You agree that e-mail can be used as a
long-distance means of communication.
5.
No contract for the sale of any product will
subsist between you and Softuk.com Ltd unless and until
Softuk.com Ltd accepts your order by way of an e-mail
confirming that it has received payment in full for all the
goods you have ordered. That acceptance will be deemed
complete and will be deemed for all purposes to have been
effectively communicated to you at the time Softuk.com Ltd
sends the e-mail to you (whether or not you receive that
e-mail). This confirmation e-mail amounts to an acceptance by
Softuk.com Ltd of your offer to buy goods from Softuk.com Ltd
or a third party supplier that is engaged on your behalf by
Softuk.com Ltd.
6.
This confirmatory e-mail will contain all
relevant statutory information concerning your contract.
7.
The confirmatory e-mail will also contain a
link to these terms and conditions, and may be amended in
accordance with paragraph 58 below from time to time.
8.
You must check that the details on this
confirmatory e-mail are correct as soon as possible and you
should print out and keep a copy of it.
9.
Softuk.com Ltd will not pass on your personal
or credit or debit card details to any third party. We shall
be entitled to process your data in accordance with the terms
of our
Privacy Policy.
Please view this document for further information.
10.
You undertake that all details you provide to
Softuk.com Ltd for the purpose of ordering or purchasing goods
or services are correct, that the credit or debit card you are
using is your own and that there are sufficient funds to cover
the cost of the goods or services ordered.
11.
You must choose a username and password on
completion of registration. You are responsible for all
actions taken under that username and password and shall only
use the Site under your own username and password. You must
make every effort to keep your password safe and should not
disclose it to anyone. If it is compromised, you must change
it. You may not transfer or sell your username to anyone, nor
permit, either directly or indirectly, anyone to use your
username or password.
12.
If there are any changes to the details
supplied by you it is your responsibility to inform Softuk.com
Ltd as soon as possible.
13.
All purchases are non-exchangeable,
non-refundable and non-transferable.
14.
You may cancel your order at any time prior to
your order being processed by clicking on the ‘cancel’ link
next to the product ordered on your account page on the
website. We can also accept cancellations by email to
customerservices@softuk.com or by post or by
telephoning 0870 850 9124 during normal office hours. You may
also withdraw from the contract at any time after the product
has been dispatched and you have received our email confirming
your order but no later than 7 working days after the day
after you receive the product by:
i.
sending the notice of cancellation by email to
customerservices@softuk.com ensuring that you quote
your name, address and order reference number; or
ii.
where you have already received the goods,
returning the goods to Softuk.com Ltd unopened together with
the original invoice. Softuk.com Ltd will refund you the
purchase price of the goods. Where appropriate Softuk.com Ltd
shall refund any additional customs duties borne by you on
receipt of the relevant customs receipt.
15.
Once Softuk.com Ltd receive notification from
you that you wish to withdraw from the contract (in accordance
with these terms), any sum debited to Softuk.com Ltd from your
credit card in relation to your order will be re-credited to
that credit card account as soon as possible and in any event
within 30 days of your order provided that the goods you wish
to return are received by Softuk.com Ltd in the condition that
they were in when delivered to you. You will be liable for any
charges incurred in returning the goods to Softuk.com Ltd.
16.
Softuk.com Ltd reserves the right to make a 15%
restocking charge for any goods which are not returned in mint
condition or to refuse to accept such goods, at its sole
discretion. Softuk.com Ltd also reserves the right to make a
charge for collecting goods from your premises in
circumstances where they are not defective but you have
cancelled your order. Your statutory rights are not affected.
17.
This section applies only to the extent
permitted by law. For the avoidance of doubt, Softuk.com Ltd
do not exclude or limit any liability for (a) personal injury
(including sickness and death) where such injury results from
Softuk.com Ltd’s negligence or willful default, or that of
Softuk.com Ltd's employees, agents or subcontractors or (b)
fraudulent misrepresentation.
18.
Softuk.com Ltd does not accept liability
(except as set out below) for any errors and omissions and
reserve the right to change information, prices,
specifications and descriptions of listed goods, products and
services.
19.
Softuk.com has no contractual obligations to
its agents other than those stated in the ‘terms and
conditions’. Softuk.com reserves the right to amend the terms
and conditions but agents will be informed of amendments
before they take place. It is the responsibility of the
individual agent to declare any monies received to the Inland
Revenue where applicable.
20.
If an error is discovered in the price of the
goods that you have ordered, we will inform you as soon as
possible. In the event that you order an item and the price
published on the Site is incorrect for any reason, we will
contact you to let you know the correct price and ask you
whether you still wish us to fulfil your order at this price.
We shall be under no obligation to fulfil an order for a
product which was advertised at an incorrect price. We shall
give you the option of confirming the order at the correct
price or if you so choose, to cancel the order altogether. If
you cancel and have already paid for the goods in the
circumstances described in this clause, we shall refund the
full amount in accordance with these Terms.
21.
Softuk.com Ltd will do its best to correct
errors and omissions as quickly as practicable after being
notified of them.
22.
TO THE FULLEST EXTENT PERMITTED BY LAW,
SOFTUK.COM LTD IS PROVIDING THIS SITE AND ITS CONTENTS ON AN
‘AS IS’ BASIS AND MAKES NO (AND EXPRESSLY DISCLAIMS ALL)
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
WITH RESPECT TO THIS SITE OR THE INFORMATION, CONTENT,
MATERIALS OR PRODUCTS INCLUDED IN THIS SITE INCLUDING, WITHOUT
LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. IN ADDITION, SOFTUK.COM LTD DOES NOT
REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS
SITE IS ACCURATE, COMPLETE OR CURRENT.
23.
In the unlikely event that you receive goods
which were not what you ordered or which are damaged or
defective, or are of a different quantity to that stated on
your order form, Softuk.com Ltd shall, at its own option, make
good any shortage or non-delivery, replace or repair any
damaged or defective goods, or refund to you the amount you
paid for the goods in question PROVIDED THAT you notify
Softuk.com Ltd of the problem in writing at the address stated
in the confirmation e-mail within 10 working days of delivery
of the goods. NOTHING IN THIS CLAUSE AFFECTS YOUR STATUTORY
RIGHTS.
24.
You and Softuk.com Ltd will only be liable
under these Terms for losses which are a reasonably
foreseeable consequence of the relevant breach of contract.
25.
The products sold on the Site are provided for
private domestic and consumer use only. Accordingly,
Softuk.com Ltd do not accept liability for any indirect loss,
consequential loss, loss of data, loss of income or profit,
loss of damage to property and/or loss from claims of third
parties arising out of the use of the Site or for any products
or services purchased from Softuk.com Ltd.
26.
All electrical products are covered by a twelve
month manufacturer's warranty. If your product develops a
fault while under warranty, please contact Softuk.com Ltd and
we will advise you where to send it for repair. It is a
"return to base" warranty therefore there will be a delivery
charge to return the product back to the relevant UK service
centre.
26.
Credit and Debit cards are debited on the day
of ordering by Softuk.com Ltd. All prices include VAT (where
applicable).
27.
Every purchase you make shall be deemed
performed in the United Kingdom. UK law shall govern every aspect of
contractual agreement concerning purchases made from the Site.
28.
Softuk.com Ltd aims to arrange shipment of all
‘ in stock’ items within 24 hours of receiving your order.
Your order may be delayed if the item is not in stock with our
suppliers. Some items may be unavailable and the current stock
status is approximate. Softuk.com Ltd are not able to supply
dates our suppliers may get an item in stock.
29.
You can keep track of your order status
yourself on-line with the order tracking facility on your
account page. Our standard Returns Policy applies to all
purchases from Softuk.com Ltd.
30.
The period stated within which you will receive
your order is approximate. Goods will be sent to the address
given by you in your order and stated in the Order
Confirmation. Please note that your goods may be sent to you
in installments. You may cancel your entire order with us if
subsequent installments forming part of your order are not
delivered by us.
31.
Title to any product ordered will pass to you
once Softuk.com Ltd has received payment in full for that
product. Risk in any product ordered will pass upon delivery
to you.
32.
If your delivery address is outside of the
United Kingdom,
you may be subject to import duties and taxes, which are
levied once a shipment reaches your country. Any such
additional charges for customs clearance must be borne by you.
You should note that customs policies vary widely from country
to country; Softuk.com Ltd advises each customer to contact
their local customs office for further information.
33.
Please note that when shipping products
internationally, you should be aware that cross-border
shipments are subject to opening and inspection by customs
authorities.
34.
For Christmas Deliveries, we recommend that you
order by the 18th December. We will endeavor to dispatch all
‘in stock’ orders within 24 hours, however we cannot guarantee
delivery on or before the 24th December as the post may be
delayed in your area.
Collectors Account
35.
If you open a collectors account
you can not open or hold an agent account. Collector accounts
and their named holders are restricted and exempt from the
entire agent multi-level marketing network/cheme.
36.
Should we establish that a person
is operating both an agent and collector account we will
reserve the right to terminate both accounts and refuse use of
future use of both facilities.
37.
To open a Collectors Account a
purchase must first be made.
38.
Any affiliate partner who
introduces a customer who subsequently opens a collector
account will qualify for the commission from the initial
purchase that is made and a one off payment of £0.50pence.
Payment will only be made on successful completion of the
collectors application and order.
39.
The Collectors account will pay up
to a maximum of Six percent (6%) on the higher rate and Four
percent (4%) on the lower rate. This should be read in
accordance with Cash Back Table in paragraph 40 below.
40.
Cash Back Table
|
Price Ranges |
Cash Back Percentage |
|
19.99 -39.99 |
4% |
|
14.99 – 19.99 |
6% |
|
9.99 – 14.99 |
6% |
|
4.99 – 9.99 |
6% |
41. Cash back will only be paid when all transactions have
been completed successfully. Any cancelled or returned orders
will NOT qualify for the cash back scheme. Any order that we
refund under this scheme we will reserve the right to recover
all cash back that was paid
42. We reserve all rights to amend and make changes to the
Collectors Account scheme. Any changes we make we will notify
all Account holders by email.
43. To open a Collectors Account you must hold a valid Uk or
Ireland bank account.
Agent Networks
44. Softuk.com has no contractual obligations to its agents
other than those stated in the ‘terms and conditions’.
Softuk.com reserves the right to amend the terms and
conditions but agents will be informed of amendments before
they take place. It is the responsibility of the individual
agent to declare any monies received to the Inland Revenue
where applicable
45. In order to maintain both the Pro and Lite agent networks
all agents must achieve the set criteria as described in
paragraph 46 below.
46. All agents will have a monthly or thirty (30) DAY
stipulation. This stipulation will require all agents to
recruit/introduce two (2) people to Softuk.com every 30 days.
This introduction can be made up of both Pro & Lite Agents and
Collector Accounts. Only successful applications and
introductions will be counted. A successful application or
recruit is the successful completion of all required details
including payment details and the dispatch of all relevant
material including the confirmation email.
47. All agents will have a ONE MONTH SETTLING in period from
the date of your account being made active. Within the
settling in period the criteria and stipulations detailed in
paragraph 45 will not apply.
48.
Any affiliate partner that introduces a customer who then goes
on to open an agent account, the affiliate will earn
commission from the initial purchase and we will pay a one off
bonus of 50pence to the affiliate for every approved and
opened Agent Lite account and £1.00 for every Pro account
approved and opened. The affiliate will not have access to the
network scheme and will only be paid commission on direct
sales made via the affiliates referral.
49. Pro and Lite agents are restricted from opening a
Collectors Account and Collectors Accounts are restricted
from opening any Agent accounts.
50. We shall have no liability to you for any delay in the
delivery of products ordered or any other matters to the
extent that the delay is due to any event outside our
reasonable control, including but not limited to acts of God,
war, flood, fire, labour disputes, strikes, lock-outs, riots,
civil commotion, malicious damage, explosion, governmental
actions and any other similar events.
51
We shall have no liability (including liability
for negligence) for the acts or omissions of
telecommunications service providers or for failures of, or
faults in their networks and equipment.
52 No waiver by us of any breach of these Terms shall be
considered as a waiver of any subsequent breach of the same or
any other provision.
53.
You may not permit, create unauthorized framing
of, or deep linking to, the Site or the creation of derivative
works thereof from any other website under your management or
control.
54.
In these Terms, ‘Intellectual Property Rights’
means patents, database rights, copyright, design rights
(whether registered or unregistered), trade marks (whether
registered or unregistered) and other similar rights, together
with the right to apply for the protection of any such rights.
All Intellectual Property Rights in the Site shall be owned by
us absolutely.
55. Subject to the licence granted to you to use the Site,
Softuk.com Ltd reserves all rights, title and interest in its
Intellectual Property Rights in the Site. Any goodwill
accruing from use of Softuk.com Ltd and its affiliates’ trade
marks, trade and business names and service marks under this
Agreement will vest in Softuk.com Ltd and its affiliates, as
appropriate.
56 It is a crime to use a false name or a known invalid
credit card to order. Anyone caught wilfully entering an
erroneous or fictitious order will be prosecuted to the
fullest extent of the law. Softuk.com Ltd tracks the
electronic ‘fingerprints’ of every order placed on Softuk.com
Ltd to enable us and all legitimate crime prevention and
prosecution authorities to trace individual users engaging in
criminal activities on our website.
57 We reserve the right to terminate this Agreement and to
suspend or terminate your access to the Site immediately and
without notice to you if:
i.
you fail to make any payment to us when due;
ii.
you breach the terms of this Agreement
(repeatedly or otherwise);
iii.
when requested by us to do so, you fail to
provide us within a reasonable time with sufficient
information to enable us to determine the accuracy and
validity of any information supplied by you, or your identity;
iv.
we suspect you have engaged, or about to
engage, or have in any way been involved, in fraudulent or
illegal activity on the Site.
58. Softuk.com Ltd may amend these Terms from time to time,
and place the new version on the Site. When Softuk.com Ltd
do so, it will mention the fact on our home page (www.Softuk.com
Ltd). For users purchasing goods or registering on the Site
for the first time, all purchases from the date that the
amended terms are placed on our website onwards will be
governed by those new terms Otherwise, such changes will be
effective against existing users thirty days following posting
of the amended version on the Site. Your continued use of the
Site following Softuk.com Ltd’s posting of any changes will
constitute your acceptance of such changes. If you do not
agree to any changes to these Terms, then your only remedy is
to cease using the Site.
59. These Terms supersede any and all other conditions,
understandings, commitments, agreements or representations
(except fraudulent misrepresentations) relating to your
purchase, whether oral or in writing, and contain the entire
agreement between Softuk.com Ltd and you relating to your
purchase. Softuk.com Ltd advises that you print off and keep
safe a copy of these terms and conditions once your order has
been accepted by Softuk.com Ltd. We will store a copy of the
contract entered into by you with Softuk.com Ltd. You are
advised to read (and are responsible for reading) fully all
information on this website.
60. If any provision of these Terms shall be held by any
competent authority to be invalid or unenforceable in whole or
in part, the validity of the remaining parts of these Terms
and the remainder of the affected provision shall be
unaffected.
-
If any provision
of these Terms shall be held by any competent authority to be
invalid or unenforceable in whole or in part, the validity of
the remaining parts of these Terms and the remainder of the
affected provision shall be unaffected.
-
These Terms are
subject to the laws and exclusive jurisdiction of the United
Kingdom.
