Inventya Terms
and Conditions of sale
This page (together with the documents referred to
on it) tells you the terms and conditions on which we
supply Rapid Idea Evaluation ™
and any other products (“Products”)
listed on our website url: www.inventya.com (“our
site”) to you. Please read these terms
and conditions carefully before ordering any Products
from our site. You should understand that by ordering
any of our Products, you agree to be bound by these
terms and conditions.
You should print a copy of these terms and conditions
for future reference.
1. INFORMATION ABOUT US
www.inventya is a site operated by Inventya
Limited of One Central Park, Northampton Road,
Manchester M40 5WW (we). We are registered
in England and Wales under company number 05820717
and with our registered office at 1st Floor Charlotte
House, 10 Charlotte Street, Manchester M1 4EX. Our main
trading address is One Central Park, Northampton Road,
Manchester M40 5WW. Our VAT number is GB 892 3007 26.
2. YOUR STATUS
By placing an order through our site, you warrant that:
(a) You are legally capable of entering into binding
contracts; and
(b) You are at least 18 years old.
3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
3.1 After placing an order, you will receive an e-mail
from us acknowledging that we have received your order.
Please note that this does not mean that your order
has been accepted. Your order constitutes an offer to
us to buy a Product. All orders are subject to acceptance
by us, and we will confirm such acceptance to you by
sending you an e-mail that confirms that the Product
has been dispatched (the Dispatch Confirmation).
The contract between us (Contract)
will only be formed when we send you the Dispatch Confirmation.
3.2 The Contract will relate only to those Products
whose dispatch we have confirmed in the Dispatch Confirmation.
We will not be obliged to supply any other Products
which may have been part of your order until the dispatch
of such Products has been confirmed in a separate Dispatch
Confirmation.
4. THIRD PARTY LINKS
4.1 We may also provide links on our site to the websites
of other companies, whether affiliated with us or not.
We cannot give any undertaking, that products you purchase
from third party sellers through our site, or from companies
to whose website we have provided a link on our site,
will be of satisfactory quality, and any such warranties
are DISCLAIMED by us absolutely. This DISCLAIMER does
not affect your statutory rights against the third party
seller.
5. CONSUMER RIGHTS
5.1 If you are contracting as a consumer, you may cancel
a Contract at any time within seven working days, beginning
on the day after you received the Products. In this
case, you will receive a full refund of the price paid
for the Products in accordance with our refunds policy
(set out in paragraph 9 below).
5.2 To cancel a Contract, you must inform us in writing
and return the Product(s) to us immediately, in the
same condition in which you received them, and at your
own cost and risk.
5.3 Details of this statutory right, and an explanation
of how to exercise it, are provided in the Dispatch
Confirmation. This provision does not affect your statutory
rights.
6. AVAILABILITY AND DELIVERY
Your order will be fulfilled by the delivery date set
out in the Dispatch Confirmation or, if no delivery
date is specified, then within 30 days of the date of
the Dispatch Confirmation, unless there are exceptional
circumstances.
7. RISK AND TITLE
7.1 The Products will be at your risk from the time
of delivery.
7.2 Ownership of the Products will only pass to you
when we receive full payment of all sums due in respect
of the Products, including delivery charges.
8. PRICE AND PAYMENT
8.1 The price of any Products will be as quoted on our
site from time to time, except in cases of obvious error.
8.2 These prices exclude VAT and exclude delivery costs,
which will be added to the total amount due.
8.3 Prices are liable to change at any time, but changes
will not affect orders in respect of which we have already
sent you a Dispatch Confirmation.
8.4 Payment for all Products must be made by credit
or debit card. We will not charge your credit or debit
card until we despatch your order.
9. OUR REFUNDS POLICY
9.1 When you return a Product to us (for instance, because
you have cancelled the Contract between us, or have
notified us in accordance with paragraph 5 that you
do not agree to any change in these terms and conditions
or in any of our policies, or because you claim that
the Product is defective), we will examine the returned
Product and will notify you of your refund via e-mail
within a reasonable period of time. We will usually
refund any money received from you using a cheque that
we will send to the address you provided during your
purchase. We will usually process the refund due to
you as soon as possible and, in any case, within 30
days of the day we received your cancellation or the
day we confirmed to you via e-mail that you were entitled
to a refund for delivery of the defective Product.
9.2 Products returned by you because of a defect will
be refunded in full, including a refund of the delivery
charges for sending the item to you and the cost incurred
by you in returning the item to us.
9.3 Products returned by you within the seven-day cooling-off
period (see paragraph 5.1above) will be refunded in
full, including the cost of sending the item to you.
However, you will be responsible for the cost of returning
the item to us.
10. OUR LIABILITY
10.1 We warrant to you that any Product purchased from
us through our site is of satisfactory quality.
10.2 Our liability in connection with any Product purchased
through our site is strictly limited to the purchase
price of that Product.
10.3 This does not include or limit in any way our liability:
(a) For death or personal injury caused by our negligence;
(b) Under section 2(3) of the Consumer Protection Act
1987;
(c) For fraud or fraudulent misrepresentation; or
(d) For any matter for which it would be illegal for
us to exclude, or attempt to exclude, our liability.
10.4 We accept no liability for any loss of income or
revenue, loss of business, loss of profits or contracts,
loss of anticipated savings, loss of data, waste of
management or office time or for any indirect or consequential
loss or damage of any kind however arising and whether
caused by tort (including negligence), breach of contract
or otherwise, even if foreseeable.
11. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information
or communications we send to you should be in writing.
When using our site, you accept that communication with
us will be mainly electronic. We will contact you by
e-mail or provide you with information by posting notices
on our website. For contractual purposes, you agree
to this electronic means of communication and you acknowledge
that all contracts, notices, information and other communications
that we provide to you electronically comply with any
legal requirement that such communications be in writing.
This condition does not affect your statutory rights.
12. NOTICES
All notices given by you to us must be given to Inventya
Limited at One Central Park, Northampton Road,
Manchester M40 5WW OR sales@inventya.com.
We may give notice to you at either the e-mail or postal
address you provide to us when placing an order, or
in any of the ways specified in paragraph 12. Notice
will be deemed received and properly served immediately
when posted on our website, 24 hours after an e-mail
is sent, or three days after the date of posting of
any letter. In proving the service of any notice, it
will be sufficient to prove, in the case of a letter,
that such letter was properly addressed, stamped and
placed in the post and, in the case of an e-mail, that
such e-mail was sent to the specified e-mail address
of the addressee.
13. TRANSFER OF RIGHTS AND OBLIGATIONS
13.1 The contract between you and us is binding on you
and us and on our respective successors and assigns.
13.2 You may not transfer, assign, charge or otherwise
dispose of a Contract, or any of your rights or obligations
arising under it, without our prior written consent.
13.3 We may transfer, assign, charge, sub-contract or
otherwise dispose of a Contract, or any of our rights
or obligations arising under it, at any time during
the term of the Contract.
14. EVENTS OUTSIDE OUR CONTROL
14.1 We will not be liable or responsible for any
failure to perform, or delay in performance of, any
of our obligations under a Contract that is caused by
events outside our reasonable control (Force
Majeure Event).
14.2 A Force Majeure Event includes any act, event,
non-happening, omission or accident beyond our reasonable
control and includes in particular (without limitation)
the following:
(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack
or threat of terrorist attack, war (whether declared
or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence,
epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping,
aircraft, motor transport or other means of public or
private transport.
(e) Impossibility of the use of public or private telecommunications
networks.
(f) The acts, decrees, legislation, regulations or restrictions
of any government.
14.3 Our performance under any Contract is deemed to
be suspended for the period that the Force Majeure Event
continues, and we will have an extension of time for
performance for the duration of that period. We will
use our reasonable endeavours to bring the Force Majeure
Event to a close or to find a solution by which our
obligations under the Contract may be performed despite
the Force Majeure Event.
15. WAIVER
15.1 If we fail, at any time during the term of a Contract,
to insist upon strict performance of any of your obligations
under the Contract or any of these terms and conditions,
or if we fail to exercise any of the rights or remedies
to which we are entitled under the Contract, this shall
not constitute a waiver of such rights or remedies and
shall not relieve you from compliance with such obligations.
15.2 A waiver by us of any default shall not constitute
a waiver of any subsequent default.
15.3 No waiver by us of any of these terms and conditions
shall be effective unless it is expressly stated to
be a waiver and is communicated to you in writing in
accordance with paragraph 13 above.
16. SEVERABILITY
If any of these terms and Conditions or any provisions
of a Contract are determined by any competent authority
to be invalid, unlawful or unenforceable to any extent,
such term, condition or provision will to that extent
be severed from the remaining terms, conditions and
provisions which will continue to be valid to the fullest
extent permitted by law.
17. ENTIRE AGREEMENT
17.1 These terms and conditions and any document expressly
referred to in them represent the entire agreement between
us in relation to the subject matter of any Contract
and supersede any prior agreement, understanding or
arrangement between us, whether oral or in writing.
17.2 We each acknowledge that, in entering into a Contract,
neither of us has relied on any representation, undertaking
or promise given by the other or be implied from anything
said or written in negotiations between us prior to
such Contract except as expressly stated in these terms
and conditions.
17.3 Neither of us shall have any remedy in respect
of any untrue statement made by the other, whether orally
or in writing, prior to the date of any Contract (unless
such untrue statement was made fraudulently) and the
other party´s only remedy shall be for breach
of contract as provided in these terms and conditions.
18. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
18.1 We have the right to revise and amend these terms
and conditions from time to time.
18.2 You will be subject to the policies and terms and
conditions in force at the time that you order products
from us, unless any change to those policies or these
terms and conditions is required to be made by law or
governmental authority (in which case it will apply
to orders previously placed by you), or if we notify
you of the change to those policies or these terms and
conditions before we send you the Dispatch Confirmation
(in which case we have the right to assume that you
have accepted the change to the terms and conditions,
unless you notify us to the contrary within seven working
days of receipt by you of the Products).
19. LAW AND JURISDICTION
Contracts for the purchase of any Products through our
site will be governed by English law. Any dispute arising
from, or related to, such Contracts shall be subject
to the non-exclusive jurisdiction of the courts of England
and Wales.
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