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Thomson Software Solutions
TERMS AND CONDITIONS OF SALE
1. Definitions
“The Carrier” means any individual, company or organisation carrying out delivery of the Goods.
“The Company” means Thomson Software Solutions, 74 Pine Grove, Hatfield AL9 7BW
“The Conditions” means the terms and conditions of sale set out herein.
“The Contract” means any agreement for the purchase of Goods or Services.
“The Goods” means any equipment, parts or material to be supplied by the Company to the Purchaser.
“Product Literature” means any user operating or installation, instructions supplied with the Goods.
“The Purchaser” means the person, firm, institution, body or company to whom Goods or Services are supplied subject to the Conditions.
“The Services” means services of any description provided by the Company to the Purchaser.
2. General – Unless otherwise specifically agreed by the Company in writing, the Conditions shall apply to all contracts to the exclusion of all other terms and conditions including any terms or conditions which the Purchaser may purport to apply in any document issued by the Purchaser including but without limitation those contained in any Order sent by the Purchaser. Acceptance of delivery of the Goods or commencement of the performance of the Services shall be deemed conclusive evidence of the Purchaser’s acceptance of the Conditions. No particulars contained in any advertising matter, catalogues or other publication supplied by the Company (other than specifically referred to herein) or any verbal representation by an employee or agent of the Company shall form part of the Contract nor shall it be treated as constituting a representation on the part of the Company.
3. Prices - The Company reserves the right to amend any of its prices without prior notice. Orders are accepted on condition that Goods will be invoiced at prices ruling at date of delivery. Charges for carriage will be added to the prices quoted.
4. Specifications - In view of the Company's policy of product development, the right is reserved to alter the specification of any Goods without notice.
5. Value Added Tax - All orders for Goods and Services are subject to standard rate of VAT, where appropriate, on the net invoice value. Tax point for VAT is as shown on the invoice.
6. Terms of Payment - Settlement terms are net 30 days from date of invoice. In the event of payment not being received by the due date, the Company reserves the right to charge interest on sums owing at the rate of 4% above the base lending rate of Lloyds TSB Bank plc from time to time in force and the Company may suspend deliveries or terminate the Contract in respect of any undelivered Goods or unperformed Services or terminate any other contracts or orders with the Purchaser.
7. Ownership of Goods - The risk in the goods passes to the Purchaser upon delivery, but beneficial ownership shall remain with the Company until payment in full of all sums due, including interest where payable, in accordance with Condition 6 above. The Purchaser shall, while property in the Goods remains with the Company pursuant to this Condition, hold the Goods on a fiduciary basis only and as a bailee only for the Company, keep the Goods protected and identified as the Company’s property. The Purchaser may use or re-sell the Goods in the normal course of business but until the Company is paid in full the proceeds of any sale or insurance proceeds shall be held by the Purchaser in trust for the Company and the Company shall be entitled to trace all proceeds of sale in accordance with equitable principles. Until such time as the property in the Goods passes to the Purchaser, the Purchaser grants to the Company and it’s agents an irrevocable licence to enter the premises of the Purchaser to seize or remove any Goods not paid for in full at the time. Until such time as the company has been paid in full for the Goods the Purchaser shall insure the Goods to their full value against all risks and to the reasonable satisfaction of the Company and shall immediately pay all proceeds received under such insurance to the Company. The Purchaser will pursue all insurance claims as swiftly and efficiently as is practicable.
8. Warranty - Unless otherwise agreed by the parties in writing, the warranty on the Goods is as stated in the Product Literature, save that where no Product Literature is provided, the Company warrants that it will provide for the replacement or repair, at its option of defective materials and defective workmanship in the Goods (which would not have been apparent on a reasonable examination of the Goods on delivery) for a period of twelve months from the date of delivery. The warranty will be invalidated in the event that a third party (other than a repair agent authorised by the Company) or the Purchaser attempts repairs on the Goods. The Company warrants that the goods will be fit for any use attributed to them by good optometric practice and not for any other use. Subject to the provision of this Condition 8 and any warrantee and conditions contained in any product literature all warranties and conditions implied by statute or otherwise are hereby excluded PROVIDED THAT nothing herein shall affect the statutory rights of the Purchaser dealing as a consumer. Where the Goods are supplied in or to a country which is not a member state of the EC any warranties in respect of the Goods provided hereunder shall only apply in that country.
9. Claims for Defects, Damage, Loss or Non-Delivery - The Purchaser shall inspect all Goods on delivery and shall notify the Company of any alleged defect in materials or workmanship, damage or failure to comply with description or sample or shortage in quantity in writing within three days of physical receipt and the Purchaser shall notify the Carrier within seven days of physical receipt. It is agreed that the Purchaser waives any claims he may otherwise have had where claims have not been made in writing within the aforesaid period. The packaging and contents must be retained and the Purchaser shall give the company an opportunity to inspect the Goods within a reasonable time following delivery before any use is made of them. Without prejudice to the foregoing the Purchaser must advise the Company in writing, within seven days of the date of receipt of an invoice, of any non-delivery of entire batches of Goods. Notwithstanding the receipt by the Company of any such notice a clear signature on a Carrier’s delivery advice sheet shall be deemed to signify receipt of the quantity of cartons indicated thereon. If the Purchaser shall fail to comply with the foregoing the Goods shall conclusively be presumed to be in accordance with the Contract and free from any defect in materials or workmanship or damage which would be apparent on a reasonable examination of the Goods and the Purchaser shall be deemed to have accepted the Goods. If the Purchaser establishes to the Company’s reasonable satisfaction that the Goods are not in accordance with the Contract or there is any defect in materials or workmanship, the Purchaser’s sole remedy in respect thereof shall be limited as the company may elect, to making good any shortage, to replacing such Goods or refunding all, or part of, the Contract price against return of the Goods.
10. Returns - Goods may only be returned to the Company with the prior consent of the Company and on terms to be determined at the absolute discretion of the Company and must be securely packed and, unless the carrier effecting the return is instructed by the Company, must be consigned carriage paid and fully insured. Goods returned without the prior approval of the Company may at the Company’s absolute discretion be returned to the Purchaser or retained at the Purchaser’s costs without prejudice to any rights or remedies the Company may have. NOTE: Once the appropriate security code or password has been provided to enable the software to be installed and run on a computer, returns will not be accepted.
11. Sub-Contracts – The Company expressly reserves the right to sub-contract the performance of any Contract for the supply of Goods or provision of Services or any part thereof.
12. Force Majeure – The Company shall not be liable for failure to deliver the Goods or supply the Services for any reason whatsoever outside the reasonable control of the Company including, without limitation to the generality of the foregoing, industrial action, war, governmental action, or regulation, or act of God, riots or non-availability of stocks or materials and any delays by third party manufacturers in supplying any parts or materials. Any such failure shall not affect the obligation of the Purchaser to pay for Goods already delivered or services already provided.
13. Law and Jurisdiction - These conditions and the contract shall be governed in all respects by English law and any dispute hereunder shall be subject to the non-exclusive jurisdiction of the English courts.
PRIVACY POLICY
This privacy policy sets out how Thomson Software Solutions uses and protects any information that you give Thomson Software Solutions when you use this website.
Thomson Software Solutions is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.
Thomson Software Solutions may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from [date].
What we collect
We may collect the following information:
- name and job title
- contact information including email address
- demographic information such as postcode, preferences and interests
- other information relevant to customer surveys and/or offers
Please note: We do not store your financial details (credit or debit card numbers or details)
- What we do with the information we gather
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
- Internal record keeping.
- We may use the information to improve our products and services.
- We may periodically send promotional email about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
- From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests.
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
How we use cookies
A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
Links to other websites
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
Controlling your personal information
You may choose to restrict the collection or use of your personal information in the following ways:
- whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes
- if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at [email address]
- We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.
You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please write to [address].
If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.
RETURNS POLICY
If you are not completely satisfied with your purchase, simply return the item to us in its original condition within 14 days of receipt
Returned items should be unused and must be returned in original packaging with any enclosed documentation. We will issue a full refund on receipt, excluding the original delivery charge. Alternatively, if preferred, we will exchange the item.
Please note:
1. Refunds cannot be given for software that has been activated.
2. Goods will only be accepted for return if they are despatched within 14 days of delivery, unless we have notified you otherwise.
3. The item is your responsibility until it reaches us. Therefore for your own protection we recommend that you send the parcel using a delivery service that insures you for the value of the goods.
4. The cost of returning the item to us is your responsibility.
5. Delivery charges are only refundable where goods are faulty and a refund is made.
DELIVERY POLICY
Deliveries are made using Royal Mail or courier, dependant on weight and volume.
For UK orders under £100 the cost of post and packing will be added will be added
For UK orders over £100– post and packing is FREE
For overseas deliveries the cost of carriage is calculated by weight and country.
Thomson Software Solutions undertakes all best endeavours to ensure that your delivery arrives between 1 to 3 working days from your order. Deliveries are subject to Royal Mail and courier operations.
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