Terms and Conditions of Service & Business

Published by Derrick Jennings

Welcome to Conceptuallysorted!

You must read these terms and conditions prior to trading with us. By using our services, websites or by placing an order for any of our products you are deemed to have read, understood and accepted these terms and conditions in full, which apply to in addition to any other terms and conditions specific to the product or service that is being ordered.

  • Version: 1.01
  • Effective from: 18th April 2016

General

1. We are Conceptuallysorted Ltd. In these terms & conditions (and elsewhere) we also call ourselves “Conceptuallysorted, we, us”.
2. Our contact details are…
T:01622 371 091
M:07507 865072
E:info@conceptuallytsorted.com
3. We operate from: 16 Ladyfields Close, Bobbing, Sittingbourne, Kent ME9 8TA
4. Unless stated otherwise all of our products and services are intend for persons of at least 18 years of age.
5. You must be over 18 years of age to order and pay for any product or service.

What We Do

6. We provide consultancy services, online services, software development & software support. We may also display software and related products via our website which you may offer to purchase subject to availability and compliance with these Terms and Conditions.
7. We accept payment via our website, PayPal, or electronic transfer in accordance with clause 22-25 below.
8. You may return any unwanted physical goods in accordance with the terms of clauses 33-35 below.
9. Subscription based services are paid for in advance. Upon early termination of the service subject to 36 below, a refund amount will be calculated based on the length of the remaining subscription less the administration fee (currently £20). The refund amount will either be paid into your nominated bank account or a cheque will be issued and sent via recorded delivery to your billing address.

Order Process – Online

11. Information and instructions on how to order products or services via our website are given in the relevant section of the website.
12. All orders for products or services that you place on our website will be subject to acceptance in accordance with these terms & conditions and any additional terms & conditions that were accepted at the time the order was placed.
13. Once you have ordered and paid for a product or service we will confirm receipt of the order by email to the email address that you have supplied.
14. Receipt of an email as described in clause 13 does not constitute an acceptance of your offer to purchase a product or service nor is it a confirmation of your order.
15. For physical products acceptance of your order and the completion of the contract between you and us will take place on either…

    1. The dispatch to you of the product(s) ordered unless we notify you that we do not accept your order for whatever reason, or payment is not made or your credit/debit/other card is declined by the issuer, or you have cancelled the order in accordance with clause 29.

 

  1. The issue of an email to the address that you have supplied titled “Order Acceptance”, that describes the status of the order and its anticipated dispatch date.

Order Process – Offline

16. Information and instructions on how to order products or services are given in the relevant sections of the contract.
17. All orders for products or services must be accompanied by a copy of the contract signed by an appropriately authorised member of your organisation.
18. Upon receipt of the order and the appropriately signed contract we will confirm receipt of the order by email using the email address that you have supplied. We will then request payment of the deposit amount that was detailed in the contract.Due to the significant amount of administrative work required to prepare orders of this nature the deposit amount is non-refundable.
19. Receipt of an email as described in clause 18 does not constitute an acceptance of your offer to purchase a product or service nor is it a confirmation of your order.
20. All deposits and amounts due must be settled using an approved electronic method. Conceptuallysorted will not accept payment in cash or via cheques.
21. Completion of the contract between you and us will take place when we counter sign the your copy of the contract.

Delivery

22. We will arrange delivery of the product(s) you have ordered by post or courier, for the delivery charge you pay in advance, to the address you have provided in  accordance with clause 16 above.  Delivery is only throughout the Mainland UK or Northern Ireland.
23. Charges, estimates of time of delivery and service availability are available on our website.
24. Whilst we make every effort to deliver goods and / or services within the estimated timetable given, delays may occur due to unforeseen circumstances.  In the event of such a delay,  we shall be under no liability for any delay or failure to deliver the products within the estimated timetable.
25. Our online services may be subject to disruption and may become unavailable for extended periods. Whilst we make every effort to ensure that our online services are always available it may be necessary to take them off-line for reasons of maintenance, equipment failure, cyber-attacks, malicious activity, etc.

In the event of such an interruption to our service we will endeavour to return the affected services to an operational state as soon as we can. By using our services you agree that…

    1. We have no liability to you or the organisation that you represent for loss of income, repetitional damage or loss of business as a result of disruption to our services regardless of the cause(s) of the disruption.

 

  1. You agree that you or anyone associated with you or your organisation will not make a claim against Conceptuallysorted for damages or injuries however sustained arising from or relating to matters of service availability and disruption.
26. Risk of loss and damage of products passes to you on the date when the products are delivered or, should a delivery attempt be unsuccessful, on the date of the first attempted delivery by us.

Payment

27. We accept payment via credit & debit cards and Paypal. We take payment for the product(s) and delivery charges at the time we receive your order following confirmation of card details.
28. Should the product you have ordered be unavailable we will inform you by email as soon as possible.  We will refund any money already received in payment for the  unavailable product.
29. The price of the product(s) you order is that shown on the website at the time of your  order, subject to clause 30.
30. Should it subsequently become apparent that the price displayed for your product(s) on the website is incorrect we will inform you as soon as possible, at which point you will be able to either re-order the product(s) at the correct price (subject to availability) or cancel the order and the contract.  See clause 28 with regard to availability of products.
31. Information and instructions on how to order or pay for your order via our website are  given in the  online-shop section of the website.
32. Ownership of the physical product(s) will pass to you following completed delivery and payment in full of the order price and any other outstanding amounts owed to us by you at that time.
33. All prices are shown and payable in £ sterling and are inclusive of VAT (where applicable) but do not include delivery charges, unless expressly stated to the contrary.

Returns/Cancellations

34. We offer a 30 money back guarantee for faulty products providing the products are returned unused in their original undamaged packaging in a saleable condition together with the returns slip included with the product.  All products and services to which this term does not apply will be clearly marked.
35. Whilst great care is taken to ensure all sizes and measurements stated on the website are as accurate as possible they are approximate.
36. The product you receive may differ slightly from the image on screen i.e. with regard to colour or manufacturer’s specification.  If you are not satisfied with the product you receive you can return it in accordance with clause 34.

Refunds

37. Refunds will not be given where the subscription has been terminated by Conceptuallysorted due to abuse of the service, abuse of your account, non-payment of amounts due or non-compliance with our Terms and Conditions of Service & Business. The reason(s) why a refund has been declined will be emailed to your at the email address that you have supplied.

Intellectual Property

38. By agreeing to these Terms and Conditions you:-
    1. acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and / or content made available to you as part of your use of our website, products or services remains at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.

 

    1. are deemed to acknowledge and agree that the material and content contained within this website or distributed to you by us is made available for use within the organisation specified in the original order and that you may only download such material and content for the purpose for which it was made available to you.

 

  1. further acknowledge  that any other use of the material and content of this website is strictly prohibited and you agree not to copy, (and agree not to assist or facilitate any third party to copy) reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

Our Liability

39. We promise to exercise reasonable care and skill in complying with these Terms and Conditions and accept full liability for any personal injury or death caused by breach of these terms and conditions through negligence or fraudulent misrepresentation.
40. Whilst we will use our best endeavours to ensure the content of the website is accurate we accept no liability, express or implied, with regard to its content or any loss sustained as a result of a reliance thereon other than as stated in clause 29.
41. We will not be liable for any of the following in contract, tort or with regard to pre-contract representations (other than where shown to be fraudulent or negligent) other than as stated in clause 39:

    1. economic loses e.g. loss of profits, revenue or contracts

 

    1. loss of reputation or goodwill

 

  1. special or indirect losses
42. Whilst we will use our best endeavours to ensure the information you provide us with in respect of your personal and payment details and those regarding your order remain secure and confidential, we will not be liable for any loss sustained as a result of the information being viewed by a third party, unless we are shown to have been negligent.
43. Other than as stated in clause 39, our aggregate liability in respect of any breach of these terms and conditions, and any resultant loss thereof, is limited to an amount of money equivalent to the price you paid for the product purchased to which the breach relates.
44. Nothing in these terms and conditions affect your statutory rights and nothing in clauses 39-43 affect your right of cancellation under clause 30.

Miscellaneous

45. We will not be liable for any loss sustained, other than as stated in clause 43 where the products are used other than intended by us under this clause, including where not fit for business purposes.
46. You may not assign or sub-contract any of your rights or obligations under these terms and conditions or any related order to any third party unless agreed in writing beforehand by a director of Conceptuallysorted.
47. We reserve the right to transfer, assign, novate or sub-contract the whole or any part of any of our rights or obligations under these terms and conditions or any related order to any third party.
48. If any clause, sub-clause or section of these terms and conditions is held to be invalid or unenforceable in whole or in part by any relevant authority, the validity or enforceability of any and all other clauses, sub-clauses and sections of these terms and conditions will remain unaffected.
49. A person who is not a party to these terms and conditions has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any part of these terms and conditions but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
50. Any delay or failure by us to enforce any rights or exercise any powers under these terms and conditions will not waive any of those rights or powers in respect of any clause, sub-clause or section herein and no single or partial exercise of any such powers or rights will prevent any further exercise of them.  To be effective any such waiver must be given in writing by a director of Conceptuallysorted.
51. If you are not the principal / customer, in agreeing to trade with us you are deemed to  have confirmed that you have authority to bind any business, company or organisation on whose behalf you use our products, services and websites.
52. These terms and conditions and any dispute arising therein will be governed by English law and any such dispute will be resolved within the jurisdiction of the English courts.  English is the only language offered in resolving any such dispute.

 

We care about privacy & confidentiality. Review our policies: Confidential Information Policy, Privacy Policy

We reserve the right to amend these terms and conditions at any time. Any such amendments will take effect as of the date they are posted on the website and it is your responsibility to read the terms and conditions on each occasion you use this website and your continued use of the website shall signify your acceptance to be bound by the latest terms and conditions.