OldScriptFinder: Software Sale Terms & Conditions

    1. "Buyer" means the individual or organisation who buys or agrees to buy the Goods from the Seller;
    2. "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
    3. "Contract" means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;
    4. "Goods" means the articles that the Buyer agrees to buy from the Seller;
    5. "Seller" means oldscriptfinder.com and it's owner;
    6. "Terms and Conditions" means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
    1. Nothing in these Terms and Conditions shall affect the Buyer's statutory rights as a Consumer.
    2. These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
    3. Acceptance of electronic delivery ("downloading") of the Goods shall be deemed conclusive evidence of the Buyer's acceptance of these Terms and Conditions.
    4. 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.
    1. All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
    2. Where the Goods ordered by the Buyer are temporarily not available the Buyer shall be notified and given the option to either wait until the Goods are available or cancel the order and receive a full refund within 30 days.
    3. When making an order through the Website, the technical steps the Buyer needs to take to complete the order process are described in the "Purchase a Subscription" section within the website.
    1. The Price of the Goods shall be that stipulated on the Seller's Website. The Price is exclusive of VAT, where applicable. The Price does not include delivery (for physical copies of the Goods), where needed.
    2. The total purchase price, including VAT and delivery charges, if any, will be displayed to the Buyer prior to confirming the order.
    3. After the order is received the Seller shall confirm by email the details, description and price for the Goods together with information on the right to cancel if the Buyer is a Consumer.
    4. Payment of the Price plus VAT and delivery charges must be made in full before availability of the Goods.
    1. The Seller reserves the right to adjust the price and specification of any item on the Website at its discretion.
    2. The Seller reserves the right to withdraw any goods from the Website at any time.
    3. The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.
    1. Where Goods 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 Goods.
    2. If the Seller discovers that the Buyer is not legally entitled to order certain Goods, the Seller shall be entitled to cancel the order immediately, without notice.
    1. The Seller warrants that the Goods will at the time of purchase correspond to the description given by the Seller. Except where the Buyer is dealing as a Consumer, all warranties, conditions, or terms relating to fitness for purpose, merchantability or condition of the Goods, whether implied by Statute, common law or otherwise are excluded, and the Buyer is satisfied as to the suitability of the Goods for the Buyer's purpose.
    1. Goods supplied by electronic delivery ("downloading") will normally be available immediately after making the purchase.
    2. Physical Goods supplied within the UK will normally be delivered within 5 working days of receipt of order.
    3. Physical Goods supplied outside the UK will normally be delivered within 28 working days of receipt of order.
    4. Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund.
    5. The Seller shall use its reasonable endeavours to meet any date agreed for delivery, whether electronic or physical. In any event time of delivery shall not be of the essence and the Seller 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.
    6. Physical delivery of the Goods, where applicable, 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 Goods whenever they are tendered for delivery.
    7. Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.
    1. For physical Goods, the Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller by e-mailing support@oldscriptfinder.com within 7 working days of delivery if the Goods 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 Goods.
    2. For physical Goods, where a claim of defect or damage is made the Goods shall be returned by the Buyer to the Seller. The Buyer shall be entitled to a full refund (including delivery costs) plus any return postal charges if the Goods are in fact defective.
    3. If you are a consumer you have the right, in addition to your other rights, to cancel the Contract and receive a refund by informing the Seller by e-mailing support@oldscriptfinder.com within 7 working days of receipt of the Goods. At this time, you must destroy or erase all electronic copies of the Goods.
    4. Physical Goods to be returned must clearly show the order number obtained from the Seller on the package.
    5. Where returned Goods are found to be damaged due to the Buyer's fault the Buyer will be liable for the cost of remedying such damage.
    6. For electronic Goods, the Buyer is entitled to a full refund, for whatever reason, within 7 working days of purchase, which can be claimed by e-mailing support@oldscriptfinder.com. A cancellation e-mail will be sent to the Buyer, confirming the termination of this contract.
    7. The Seller may terminate the contract at any time, for any reason.
    8. On termination of this contract, the Buyer must destroy or erase all electronic copies of the Goods, and return any physical Goods to the Seller as above. The Buyer must not retain any copies, whether electronic or physical, of the Goods after termination of this contract.
    1. Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
    2. Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller's agents or employees.
  11. WAIVER
    No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
    The Seller shall not be liable for any delay or failure to perform any 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, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.
    If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
    The Seller 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.
    These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.