Wholesale Terms and Conditions
TERMS AND CONDITIONS
General terms and conditions – Simply Antivirus Ltd
Section 1 - Definitions
In these General Terms and Conditions of Delivery, the definitions below have the following meaning.
We or us
The users of these General Terms and Conditions of Delivery, trading under the name: Simply Antivirus Ltd, hereinafter referred to as SimplyAV.
The party who has instructed us to deliver products and/or services on offer.
The party, who being the client, supplies us with goods, services or other performances capable of being expressed in money.
Web page where the buyer orders and receives his products by means of an email after logging in and ordering to buyer online account.
Software licences supplied to the buyer from the website via email.
Digital and physical
Difference between physical products and digital products in storage and delivery.
Section 2 - Applicability
- The terms and conditions below apply to all our offers, all agreements concluded by us, all services provided by us and anything else undertaken by us. In these terms and conditions, SimplyAV is referred to as ‘we’, the other party as ‘buyer’.
- All our offers - including quotations - are subject to contract and can be revoked with no set form, even after the buyer has accepted the offer. Revocation following acceptance by the buyer shall take place as soon as possible.
- Deviating terms and conditions are binding only if they have been confirmed by us in writing in advance.
- Digital downloads are given their own unique category under the Consumer Contracts Regulations and are therefore not services or goods.
- We do not sell software we sell license keys that activate software.
Section 3 - Delivery
- The items under any sales agreement shall be delivered to the buyer via email. Regardless of the provisions in Section 7, the goods are at the expense and risk of the buyer from the moment they have been delivered.
- We are entitled to carry out partial deliveries. Each partial delivery must be regarded as an independent delivery. The costs for shipping partial deliveries are payable by SimplyAV.
- Unless explicitly agreed otherwise, any Physical goods are shipped at the expense of the buyer.
- If there is a need for the buyer to cooperate in the performance of the agreement, the buyer shall, at all times, promptly provide us with all useful and necessary details or information and render any other assistance required.
- If the information, equipment and/or materials required for the performance of the agreement are unavailable to us, provided to us too late or not in accordance with the arrangements, or if the buyer otherwise fails to fulfil his obligations, we are entitled to suspend the agreement and to charge extra costs in accordance with the usual rates.
- All digital deliveries shall be sent to the buyer’s registered e-mail address.
- We shall use reasonable endeavours to dispatch Goods to the buyer by the estimated delivery date and time. If our supply of the Goods is delayed by an event outside our reasonable control, then we will contact the buyer as soon as possible to let them know and we will take steps to minimise the effect of the delay. But will not be held liable for such delay in delivery.
Section 4 – Complaints/Refunds
- All complaints must be submitted in writing within eight days of delivery. When this term is exceeded, any claim against us in respect of those faults shall lapse.
- A complaint does not suspend the obligation to pay.
- Should the buyer encounter a technical issue with the key that we have provided, we are always happy to help, should the buyer encounter an issue with the software itself you must contact the brand in question in order to resolve this matter first.
- Once you have activated the product, we are no longer obliged or able to take this back under any circumstances.
Section 5 - Prices
- The prices agreed on by the parties are guide prices only, based on the price-determining factors that apply at the time of conclusion of the agreement, exclusive of turnover tax and other taxes.
Section 6 - Delivery date
- The delivery dates given or agreed by us shall be observed to the best possible extent.
- However, exceeding a delivery date shall never constitute a breach of contract and shall not affect the buyer’s obligation to take possession of the goods. The buyer is entitled to cancel the agreement and refuse the goods or payment thereof following written consultation. The buyer shall never be entitled to claim compensation.
Section 7 - Payment
- Full payment is required either at point of sale or prior to the despatch of the goods from our warehouse, be that both physical and electronic delivery. All costs relating to the payment, including bill charges and bank charges are payable by the buyer, with the exception for Card Transaction Fees or PayPal Fees. All other buyers must settle the invoice prior to delivery (pro forma).
- All costs, following a notice of default, relating to the collection of the money owed by the buyer shall be payable by the buyer.
Section 8 - Retention of title
- All goods delivered to the buyer remain our property until the buyer has made all payments owed to us.
Section 9 - Liability and indemnification
- We, and persons working for us for the performance of our agreement, including our staff, cannot be held liable by the buyer for damage or losses of any nature, loss of profits and other consequential damage or losses suffered by any party, arising from or relating to products or services delivered or made available by us, unless such damage or loss is the result of intent or gross negligence.
- The buyer indemnifies us, and the persons referred to in the previous paragraph against third-party claims under which we cannot rely on these terms and conditions.
- Our liability is, at all times limited to the amount charged or to be charged to the buyer.
- When placing an order, the buyer undertakes that all details provided to us are true and accurate. Any errors on the information given, we are not accountable or liable for.
- We will not be held liable for any damage caused to the buyer’s device(s) for any reason whatsoever, we are simply license resellers and we do not make or distribute the software - Should you encounter any issues you must contact the brand directly.
Section 10-Disclaimer of Liability
- The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law [Simply Antivirus Ltd] and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect [Simply Antivirus Ltd]'s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
Section 11 - Force majeure
- In the event of force majeure we are entitled to regard the agreement as dissolved, without legal intervention and without us being obliged to pay compensation in that respect.
- Situation of force majeure as a result of which we are unable to fulfil our obligations include any alien cause that cannot be attributed to us and which obstructs compliance with the agreement, or which hampers or impedes it to such an extent that we cannot in all reasonableness be expected to comply.
Section 12 - Various provisions
- If, in the opinion of the competent court, any provision in these terms and conditions is not applicable or in violation of public order of the law, the provision in question shall be regarded as not having been written, and the parties shall replace only this provision by one or more provisions that reflect the conflicting provision or provisions as closely as possible, while these general terms and conditions shall remain in full force.
- All our offers and agreements concluded with us are governed by the laws of the United Kingdom.