Conditions of sales
Please read these terms and conditions carefully before completing the order form.
This is a legal document which constitutes an agreement between you and VIDATECH Ltd the owner of Moviesoft trade name.
If you do not agree to these terms and conditions, do not use this on-line facility.
These terms and conditions are subject to change at any time without notice at the sole discretion of VIDATECH Ltd
TERMS AND CONDITIONS OF SALE
1. DEFINITIONS AND INTERPRETATION
In these Terms and Conditions, as hereinafter defined, the following words and expressions shall have the meanings hereby assigned to them, except where the context otherwise requires :-
A. “VIDATECH Limited ” means the Seller whose registered office is at 7 Adelaide Street – Dun Laoghaire co. Dublin IRELAND – Tél. +3531 280 88 08 E-mail : “ firstname.lastname@example.org ”
B. “Buyer” means the person or corporate body who accepts a quotation of the Seller for the sale of the Products or whose order for the Products is accepted by the VIDATECH .
C. “Consumer” shall have the meaning ascribed in section 12 of the UK Unfair Contract Terms Act 1977.
D. “Product” or ”Goods” means the article or articles (including any instalment of the article if applicable) that the Buyer agrees to buy from VIDATECH and which VIDATECH is to supply in accordance with these conditions.
E. “Contract” means the order form duly completed by the Buyer and the Terms and Conditions of Contract set out in this document for the purchase and sale of the Product.
F. “Website” means www.moviesoft.co.uk or www.moviesoft.com owned and operated by VIDATECH LTD .
The headings and marginal notes in these Conditions of Contract are for convenience and shall not be taken into consideration in the interpretation or construction thereof or of the Contract.
A. Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
B. These Terms and Conditions shall apply to all contracts for the sales of Products by VIDATECH to the Buyer and shall prevail over any other documentation or communication from the Buyer.
C. Acceptance of delivery of the Product(s) shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
D. Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
E. Any complaint regarding this transaction should be addressed to the Seller’s address stated in clause 1 A.
3. FORMATION OF THE CONTRACT
The use of this website and the information available thereon is subject to the Distance Selling Regulations and to these Conditions of Contract excluding any previous information available on the Website and/or any other documents such as but not limited to – brochures, catalogues, leaflets published by VIDATECH or by the Products’ developers/manufacturers and/or suppliers which are provided for information purposes only. By using this Website the Buyer acknowledges his consent to these Terms and Conditions of Contract without exceptions. This document constitutes the complete and entire agreement between the Buyer and VIDATECH and cannot be changed or modified except by a written confirmation signed by VIDATECH .
The Buyer shall make an offer to purchase the Product from VIDATECH by filling the order form on the Website. This offer to purchase does not constitute VIDATECH ’s acceptance to supply the Product at the price shown.
The Contract shall be formed at the point where VIDATECH accepts the offer to purchase and receives a payment from the Buyer in total.
VIDATECH will notify the Buyer within 48 hours if the offer to purchase is not accepted.
The Products offered for sale are displayed in the “Software” index. Photographs and illustrations are not contractual. Notwithstanding the care VIDATECH takes for an accurate presentation of the information supplied by the manufacturers/developers, this Website may contain technical inaccuracies or typographical errors. VIDATECH shall not be liable for any inaccuracies or errors. In addition, VIDATECH has no obligation to update this website or the content hereof and VIDATECH shall not be liable for any failure to update such information.
All trademarks, logos, names used in this website are trademarks or trade names registered by their respective holders.
On account of infringement of intellectual property rights, no part of the publications of this Website may be reproduced, stored in a retrieval system, or transmitted in any form or by any other means, electronic, mechanical, photocopying, recording, or otherwise without either the prior written permission of VIDATECH or a licence permitting restricted copying.
VIDATECH reserves the right to withdraw any Products from the Website at any time.
VIDATECH shall not be liable to anyone for withdrawing any Products from the Website or for refusing to process an order.
All prices shown on the website are given on an Ex-works basis exclusive of VAT. Where VIDATECH agrees to deliver the Product otherwise than at its premises, the Buyer shall be required to pay charges for the transport, packaging and insurance.
VIDATECH reserves the right to change this policy without notice.
Prices of the Product cannot be guaranteed where there are delays in receiving payment.
The total purchase price, including VAT (if any) and delivery charges, will be displayed in the Buyer’s shopping cart prior to confirming the order.
VIDATECH reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. VIDATECH shall make every effort to ensure prices are correct at the point at which the Buyer places an order.
6. VAT (Value added tax)
Value Added Tax (VAT) is applicable to Products shipped to an address in Ireland.
For shipments in the European Union, Value Added Tax (VAT) is applicable unless the Buyer holds a Value Added Tax (VAT) identification number which should be quoted on the order form to benefit from tax relief. Products shipped outside the European Union are VAT exempt.
Value Added Tax (if applicable) will be calculated at the current rate at the time of shipment. Any change in the rate of VAT (increase/decrease) shall be passed onto the Buyer. Intra-community supplies/acquisitions
VIDATECH shall make delivery of the Product as soon as possible while stocks last and in any case within fifteen days maximum. Whilst, VIDATECH shall use its reasonable endeavours to meet any date agreed for delivery, in any event, time of delivery shall not be of the essence and VIDATECH shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
If the Product(s) is(are) not available, the Buyer shall be informed as quickly as possible – by email or post mail – and in any case within fifteen days.
The Product(s) shall be delivered to the Buyer at VIDATECH’s premises or at the address given by the Buyer for delivery. Title and risk on the Product(s) shall pass onto the Buyer upon such delivery taking place.
Delivery of the Product(s) shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Product(s) whenever they are tendered for delivery.
If the Product(s) is(are) not delivered in good order and condition, the Buyer is under a duty to check the content and to make the appropriate notations towards the carrier on the transport documents. VIDATECH will not consider any claim for damaged goods unless accompanied by a copy of the registered letter to the carrier confirming the nature and extent of the damage.
The Buyer is deemed to have accepted the Product(s) once a reasonable period has elapsed from date of delivery.
Unless the Product(s) has(have) been damaged by misuse or accident, any Product acknowledged by VIDATECH as being defective may be returned for replacement without charge during the warranty period.
The Buyer shall inspect the Product(s) immediately upon receipt and shall notify VIDATECH either by letter, fax or email within seven working days of delivery if the Product(s) is(are) damaged or do not comply with any of the Contract. If the Buyer fails to do so, the Buyer shall be deemed to have accepted the Product(s).
All Products to be returned must first have an authorisation issued by VIDATECH. Failure to obtain such authorisation may result in the rejection of the return.
Where returned Products are found to be damaged due to the Buyer’s fault, the Buyer will be liable for the cost of remedying such damage.
No refund will be given for Products that have missing components or missing return authorisations, or that have components that are not in saleable condition.
10. DISTANCE SELLING PROVISIONS
The Buyer is entitled to cancel the Contract with VIDATECH at any time up to seven working days from the date the order is placed, even if in the meantime the Buyer has received the Product.
However, the Contract may not be cancelled if the Product is taken out of the sealed package in which it was delivered.
The Contract may only be cancelled in writing either by letter, fax or email; a telephone call is not sufficient.
Provided that the Product is not taken out of the sealed package in which it was delivered, the following terms will apply :
– The Buyer is under a duty to restore the Product(s) to VIDATECH and in the mean time take reasonable care of it(them).
– The Buyer must pay for the safe return of the Product(s) to VIDATECH.
– Where the Buyer does not return the Product(s), then the Buyer must pay VIDATECH all reasonable charges to recover it(them).
– VIDATECH may deduct the cost of collecting the Product(s) from any refund if the Buyer fails to return the Product(s).
Where the Buyer exercises the right to cancel the Contract under the cooling-off period, the Product(s) should be returned or be available for collection within five days of the notice being given.
Where VIDATECH has despatched the Product(s) to the Buyer but the Product(s) is(are) not delivered (due to the Buyer either refusing to accept or not be available to take delivery), then VIDATECH shall refund the Ex-works cost of the Product(s) minus any reasonable charges in recovering the Product(s).
11. TERMS OF PAYMENT
For all sales, including consumer sales, payment of the price plus VAT and delivery charges must be made in full before dispatch of the Product(s) and unless otherwise agreed, VIDATECH shall not be bound to deliver the Product(s) until full payment is received from the Buyer. Time for payment shall be of the essence of the Contract unless otherwise agreed by VIDATECH in writing.
12. AGE OF CONSENT
Where Products may only be purchased by persons of a certain age, the Buyer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Products.
If VIDATECH discovers that the Buyer is not legally entitled to order certain Products, VIDATECH shall be entitled to cancel the order immediately, without notice.
VIDATECH warranties that once installed into a computer in accordance with the installation procedure set up by the manufacturer, the Product(s) will function on the specified operating system.
In cases where the Products’ developer/manufacturer has setup a direct warranty relationship with the End User, then that procedure will be applied.
14. LIMITATION OF LIABILITY
Except as may be implied by law where the Buyer is dealing as a Consumer or as provided in Article # 13 above, the Product(s) is(are) provided as is, without warranty of any kind express or implied. The Buyer shall assume the entire risk as to the results and performance of the Product(s).
VIDATECH makes no representation or warranties with respect to the accuracy, reliability or completeness of the Product’s content and specifically disclaims any implied warranties of non-infringement, merchantability or fitness for any particular purpose. Further, VIDATECH does not warrant, guarantee or make any representations regarding the correctness, accuracy, reliability, compatibility or uninterrupted operation of the Product(s) or otherwise.
VIDATECH, its officers and employees, its distributors, dealers and retailers shall not be liable for any indirect, special, incidental or consequential damages or loss (including damages for loss of business, loss of profits, interruption of service, or the like).
Whether based on breach of contract, tort (including negligence), product liability or otherwise, even if VIDATECH or its representatives have been advised of the possibility of such damages in any event, VIDATECH’s liability to the Buyer shall be limited to refund of the price paid by the Buyer for the Product(s). The foregoing states Buyer’s sole and exclusive remedy against VIDATECH, the limited warranty, exclusive remedies and limited liability set forth above are fundamental elements of the basis of the Contract between VIDATECH and the buyer. The Buyer agrees and acknowledges that VIDATECH would not be able to supply the Product on an economic basis without such limitations.
VIDATECH is not responsible for the content of any third party websites that the Buyer may link to from the VIDATECH Website.
No waiver by VIDATECH (whether express or implied) in enforcing any of its rights under this Contract shall prejudice its rights to do so in the future.
16. FORCE MAJEURE
VIDATECH shall not be liable for any delay or failure to perform of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, failure of communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials or products from a natural source of supply, and VIDATECH shall be entitled to a reasonable extension of time for the performance of its obligations.
17. CHANGES TO TERMS AND CONDITIONS
VIDATECH shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
18. GOVERNING LAW AND JURISDICTION
This contract is made and shall be governed by and construed in accordance with the laws of Republic of Ireland and both parties submit to the exclusive jurisdiction of Irish courts.
If any provision of these Conditions of Contract shall be unlawful, invalid, void or for any reason unenforceable, then that provision shall be deemed severable from these Conditions of Contract and shall not affect the validity end enforceability of the remaining provisions of the these Conditions of Contract.