1. Introduction
.1 Welcome to the terms and conditions for Toxik Software. These terms and
conditions explain your rights and obligations.
1.2 Please read them carefully as your purchase of Products from this website
indicates that you accept these terms and conditions. Please contact us with any
enquiries, comments, or complaints.
2. Complete agreement and privacy
2.1 The Toxik Software
privacy policy forms part of these terms and conditions.
3. Variation of terms and conditions
3.1 We reserve the right to change these terms and conditions from time to time
and without notice.
4. Purchasing and ordering
4.1 To buy goods or services from us you must be over 18. For further
information relating to either the purchase of products from Toxik Software,
please read the relevant sections that follow these general terms and
conditions.
5. Materials in site and software rights
5.1 All copyrights, trademarks, patents, design rights, and other intellectual
property rights relating to our websites (including, but not limited to, the
underlying software, the design, graphics, layout, feel, and structure of our
websites) will be and remain the sole property of us.
5.2 Redistributing, republishing, copying, adapting or otherwise making material
on this website available to third parties is prohibited.
5.3 The information in this website is given in good faith. It is subject to
change without notice. We make every effort to ensure that the information on
our website is correct but we cannot guarantee that it is 100% free of
inaccuracies, errors and omissions.
6. Our liability
6.1 Users of this website are responsible for any decisions they take based on
information provided on the sites. We do not accept liability (as far as
permitted by UK law) for any loss arising from using or relying on information
or links included in these sites.
6.2 Arrangements made between you and any third party named or referred to on
the website are entirely at your sole risk and responsibility.
6.3 You agree to indemnify and hold us harmless from any liability, loss, claim,
and expense (including reasonable legal fees) related to any breach by you of
these terms and conditions or arising from your use of our website.
6.4 We shall not be liable to you in connection with this Agreement for losses
that are not a reasonably foreseeable consequence of our actions. If you are
using our website for commercial purposes, Toxik Software shall not be liable
for any loss of profits, loss of contracts, loss or corruption of data, or other
economic loss arising in connection with this Agreement.
6.5 These terms and conditions do not exclude our liability (if any) to you for
personal injury or death resulting from our negligence, or for any matter which
it would be illegal for Toxik Software to attempt to exclude its liability and
do not affect your statutory rights.
6.6 Our website may contain links to other sites, which are outside our control
and are not covered by these terms and conditions.
6.7 If you access other sites using the links provided, we cannot be responsible
for the content of those sites or for the way in which they deal with you or use
any information they may acquire about you.
7. Your liability
7.1 You shall compensate us in full if we incur any losses or if any claims or
legal proceedings are brought or threatened against us by any other person
arising from your use of our website.
8. Acceptance of these terms
8.1 This Agreement is deemed to be made in England and is subject to English law
and the exclusive jurisdiction of the English courts.
9. Matters beyond reasonable control
9.1 Neither party is liable for any breach of this Agreement that is caused by a
matter beyond its reasonable control, including acts of God, fire, lightning,
explosion, war, flood, industrial disputes, sabotage, extremely severe weather,
or acts of local or central Government or other competent authorities.
10. Purchasing of products from Toxik Software
10.1 To purchase a product you must be 18 or over on the date of purchase.
10.2 All orders are subject to acceptance and product availability. By
submitting your order you are offering to buy the products at the price set out
in the order and allowing us to use your personal details to supply the
products.
10.3 We may not necessarily keep a copy of your order. We advise you to print a
copy of them for your information in the future.
10.4 We are not obliged to supply the products you have ordered until we have
confirmed that we have accepted your order. No contract will exist until we have
accepted your order.
10.5 All prices include VAT where payable at the current rates. If the product
is out of stock or we are unable to supply exactly what has been ordered (or if
there has been a price increase) we will contact you.
10.6 We aim to process your order within 4 days, but please allow up to 14 days
for delivery. If we have not delivered the products within 30 days of the date
of our acceptance you may cancel the contract and we will refund any money paid
by you.
10.7 Toxik Software cannot take responsibility for the use of any product
purchased.
10.8 The liability of Toxik Software is limited to refunding the purchase price
on condition that the product is returned unused.
10.9 The supply of any product by Toxik Software shall not imply or comprise
advice relating to suitability for use by the purchaser.
11. Credit/Debit Card Payments
11.1 You can pay by credit or charge card. We accept Amex, Diners', MasterCard,
Visa, and Switch. Payment by eCheque will be subject to clearance of funds into
our account which may take up to 14 days.
11.2 All credit and debit card holders are subject to validation checks and
authorisation by the card issuer.
11.3 If the issuer of your payment card refuses to authorise payment to us, we
will not confirm acceptance of the order, no contract will be formed, and we
will not be liable for any delay or non-delivery. You do not own the goods until
we receive payment in full.
11.4 PayPal process credit card payments on behalf of Toxik Software. Aloe
Health UK are not responsible for losses incurred as a result of payment
processing by PayPal. If payment is taken by PayPal and not credited to the
Toxik Software account, or mutltiple payments are taken in error the matter
shall be between the Purchaser and PayPal.
11.5 Where a payment is incorrectly credited to the Toxik Software account,
Toxik Software will make a refund via PayPal as soon as the error is discovered.
Toxik Software are not responsible for loss of interest or bank charges incurred
as a result of excess or duplicate payments.
12. Cancellation policy
12.1 You have the right to cancel the order for up to 14 days, starting from the
date of your order.
12.2 To cancel the contract you need to send a written cancellation request by
post to Toxik Software, 44c High Street, Chippenham, Ely, CB7 5PR UK; by email
to sales@archery-software.co.uk; or by fax to 01638 723979.
12.3 You should arrange for the goods to be returned unopened in good condition
and adequately packed to the above address and we shall arrange for a full
refund (excluding return postage) within a maximum period of 30 days from notice
of cancellation.
12.4 Please note that your statutory rights are not affected. This cancellation
policy is separate and additional to our returns policy. However, if you do
choose to cancel, we would remind you that there is a legal requirement for you
to take good care of the goods until you have returned them to us.
13. Returns Policy
13.1 You should arrange for the product(s) to be returned to us with the
original receipt and we shall arrange for a full refund (excluding return
postage) within a maximum period of 30 days from receipt of the returned goods.
Please note we are not able to refund where the product has already been
installed and activated on a PC.
14. Delivery
14.1 Postage and Packing is at the relevant rate for the Delivery Option
selected when Ordering.
14.2 Toxik Software takes no responsibility for delivery of orders once they
enter the post system. The UK Royal Mail are legally responsible for safe
delivery of packages once they enter their system. The responsibility of Toxik
Software ends at the point the package enters the Royal Mail system, and Toxik
Software obtains proof of posting for all orders.
14.3 If a package goes missing in the post Toxik Software will provide a copy of
the proof of posting to assist in making a claim against the Royal Mail or other
post carrier. Toxik Software has no further responsibility in terms of orders
lost in transit. Customers are advised that the liability of the Royal Mail for
lost orders is limited to £28 unless additional insurance is obtained. If a
customer requires a delivery to be insured for its full value this must be
indicated at the time of ordering and an additional cost may be payable.
14.4 Toxik Software take no responsibility for the delivery of items where an
incorrect address has been provided. It is the responsibility of the purchaser
to provide full and correct address information while ordering.
15. Your personal information.
15.1 We will collect personal information in connection with the service we
provide, but only for the purposes of completing your order. The Toxik Software
privacy policy has details on what information we collect, what we do with
that information, and other related matters such as cookies.
16. Assignment
16.1 You shall not assign or otherwise transfer this Agreement to any other
person without obtaining our prior written consent.
16.2 We reserve the right to assign all or part of this Agreement at any time to
any company or person.
17. Toxik Software website content
17.1 Nothing on this website is intended to be nor should be construed as an
offer to enter into a contractual relationship.