TERMS AND CONDITIONS OF TRADING

1:  Definitions

The definition of terms used in the terms and conditions of trading are:

o	‘Buyer’ - the Person, Firm or Company so named in the Purchase Order.

o	‘Seller’ - the Purchase Order is issued to 128 Concepts; your order.

o	‘Goods’ – all items to be supplied and/or all work to be done by the Seller are specified in the Purchase Order.

o	‘Purchase Order’ – Buyer’s Purchase Order which specifies that these conditions apply to it.

o	‘The Contract’ – the arrangement between Buyer and Seller, comprising the Purchase Order, these conditions and any other documents specified in the Purchase Order.

2:  Conditions

A.	Purchase Order

A Purchase Order is made once the Buyer has placed, and 128 Concepts has received confirmation of a placed order from the 128 Concepts website or via a posted order from the Buyer.

B.	Price

The price of our software and/or services will be fixed at a certain price.  The Seller will bear the cost of carriage and packing.  Acceptance of the price of software and/or services will be bound to by the Contract.  

C.	Payment

Payment for software and/or services from 128 Concepts will be paid for via cheque, online payment services or online credit card processing services as chosen from the Buyer.  Once payment has been received from the Buyer to the Seller, 128 Concepts will deliver purchased goods/services.

D.	Delivery

128 Concepts will bear the cost of packing and carriage, as agreed in the price of purchase as stipulated in section 2A.  128 Concepts reserves the right to deliver purchased items within a reasonable amount of time.  In the case of delivery delays or production delays that are beyond our control, 128 Concepts will notify the Buyer of possible delays and inform the Buyer of an estimated time of delivery or purchased items.  In most cases, delivery of the Buyer’s Purchase Order(s) will be made as soon as processed orders and payment from the Buyer is completed.  

E.	Rights of Stoppage and Ownership for Unpaid Goods

Where goods are in transit and the Buyer is unable to pay or becomes insolvent, the unpaid Seller (128 Concepts) has the right to resume ownership of goods until payment is made.  In this case, the unpaid Seller may exercise the right of stoppage by taking ownership of the goods.  Notice of claim will be given in the case of goods in transit or goods that have been delivered.  If the Buyer cannot pay for goods, the goods must be returned to the Seller (128 Concepts).  In the event that the Buyer retains the goods and has outstanding payment, proceedings will be taken to recover payment under the legislation and jurisdiction of the system of law for the Buyer’s country.  Buyers from England are reminded that the terms and conditions in this document that make up the Contract are construed in accordance with, and governed by English law.  The parties involved will submit to the jurisdiction of the English Courts, but European law cannot be excluded.  Buyers from other countries are bound to the same terms and conditions in this document that make up the Contract and any law proceedings will be governed by the legislation and jurisdiction of the Buyer’s country’s system of law.

F.	Force Majeure

In exceptional circumstances that are beyond 128 Concepts’ control, applying to delays to delivery or in the production of products that are being sold, Force Majeure provisions will be applied in the form of an extension in delivery time in the Contract for the Purchase Order.  The Buyer will receive correspondence from the Seller of any delays and an estimated time of delivery for purchased items will be given.  The Buyer will be informed at all times during the provision of a Force Majeure period.

G.	Passing Property and Risk to the Buyer

This sub section is concerned with yours and our rights concerning the exchange of goods, i.e. the delivery of and receipt of goods to the Buyer.  The passing of risk, i.e. goods that may suffer accidental damage, destruction or deterioration during delivery transit will remain the responsibility of 128 Concepts until the goods have been delivered and collected by the Buyer.  From that point on, the goods will be the responsibility of the Buyer.

H.	Copyright of Software

All software titles by 128 Concepts are protected by copyright law. You acknowledge that no title to the intellectual property in the software is transferred to you. You further acknowledge that title and full ownership rights to the software will remain the exclusive property of 128 Concepts  and you will not acquire any rights to the software except as expressly set forth in the license agreements for 128 Concepts software products. You agree that any copies of the software will contain the same proprietary notices, which appear on and in the software.

I.	Returns and Exchanges 

128 Concepts reserves the right to refund payment for goods sold to the Buyer, and exchange goods, as specified with the following conditions.  

Refunds

Due to the nature of our software product, refunds are not available to customers who purchased our software. However, in exceptional cases we are willing to consider your refund if you are not satisfied with the product or wish to have your payment refunded. We will only refund your payment you made (excluding postage and shipping costs) - the amount you get refunded is solely at the discretion of management of 128 Concepts. Some additional administration costs may incur so you may or may not get the full refund amount.

Exchanging Goods

Goods may be exchanged under our 7 days exchange policy if and only when the CD-ROM is found to be defective and is damaged beyond repair. You must complete a returns form available from our web-site and complete the details. NOTE: You are responsible for shipping costs for exchange of goods. All goods returned for exchange will be examined and if deemed faulty we will send you a replacement CD ROM free of charge.

J.	Jurisdiction

The Contract and agreement to abide by the terms and conditions as specified in the Contract are governed under the legislation and jurisdiction of English Law in English Courts, but European law cannot be excluded.  All agreements made between the Buyer and Seller in different countries will be bound to the legislation and jurisdiction of the system of law in those particular countries.

© 128 Concepts