CONDITIONS OF SALE
1.0 Definitions
In these Conditions of Sale the following words shall have attributed to them the meanings specified:
1.1 'Goods' shall mean all goods and services which the Customer agrees to purchase from Just Add VR Ltd , including replacements for defective Goods, hardware documentation and software products licensed for use by the Customer.
1.2 'Just Add VR' shall mean Just Add VR Ltd, whose principal place of business and registered office is at Just Add VR Ltd, Ridgeland House, 15 Carfax, Horsham, West Sussex, RH12 1DY, U.K.
1.3 'Contract' shall mean the Contract between Just Add VR and the Customer for the sale of Goods by Just Add VR to the Customer.
1.4 'Customer or Consumer’ shall mean the person, company or any other body that purchases or agrees to purchase Goods as a Consumer Trade Customer.
1.5 'Working Days' shall mean Monday to Friday inclusive but exclusive of Bank Holidays.
1.6 'Customer's Registered Address' shall mean the address of the Customer that is already registered with Just Add VR or the address registered with the issuing company of any debit or credit card which is used as a means of payment for Goods.
2 General
2.1 All orders for Goods are accepted by Just Add VR subject to these terms and conditions of sale which supersede any other terms and conditions previously published. These constitute the entire understanding between Just Add VR and the Customer for the sale of Goods.
2.2 All descriptions and illustrations shown on the official Just Add VR website at http://www.justaddvr.com or any price list or otherwise communicated to the Customer are intended as guidance only and illustrations and descriptions may vary.Just Add VR will use its best endeavours to ensure that all descriptions and advice offered are correct, but it is the customer's own responsibility to ensure that the requirements and expectations and use of the product in the way intended by the Customer are clear and correctly stated as this is relevant to the information then offered by Just Add VR on Just Add VR’s products.
3 Prices
3.1 All prices for the Goods are in UK Pounds Sterling and subject to Value Added Tax (VAT) at the relevant rate ruling on the date of despatch and do not include the cost of carriage, packaging or other charges which become payable under any contract with Just Add VR.
3.2 Whilst every endeavour will be made to maintain the prices in the catalogue Just Add VR reserves the right to alter prices at any time.
3.3 Any change in price will be communicated to the customer at the time of ordering.
4 Orders
4.1 All orders by post should be addressed directly to Just Add VR.
4.2 Written confirmation is not required for a telephone order, but if the Customer sends written confirmation such confirmation must be marked 'Confirmation Only' so as to avoid liability for a duplicated delivery. Any resulting duplication of delivery shall be the responsibility of the Customer.
4.3Just Add VR reserves the right to deliver part orders, or hold orders until all items are available, as required.
4.4Just Add VR reserves the right to decline to trade with any person or organisation. In addition, and notwithstanding any other provisions of these conditions of sale, Just Add VR may decline to accept any order, whether or not payment has been received, by giving notice of non-acceptance to the Customer by email or telephone within 24 hours (excluding weekends and public holidays) of receipt by Just Add VR of an order. In the event that Just Add VR declines to accept an order in respect of which payment has been received, the full amount of such payment will be refunded.
5 Credit Account Orders
5.1 Just Add VR do not permit credit account orders for any Goods.
6 Posting and Packing Charges
Delivery is at cost to the Customer. For orders under £50.00 inclusive of VAT a small order charge will be levied. The current charge can be ascertained by contacting Just Add VR.
7 Payments
7.1 Payment shall be made by the Customer for all monies owed to Just Add VR in respect of orders placed for Goods.
7.2 Payment shall be made at the time that the order is placed for all national and international orders, unless otherwise stipulated by Just Add VR. Payment may be made by, and is acceptable by credit card, cheque, Internet Banking, BACs or Bank Wire Transfer. Cheques should be made payable to ‘Just Add VR Ltd’
8 Risk of Damage and Loss of Goods
8.1 The risk of damage to or loss of Goods ordered from Just Add VR will pass to the Customer when the goods are delivered.
9 Delivery
9.1 Delivery will normally only be made to the Customer's registered address unless notified to Just Add VR in writing beforehand.
10 Export
10.1 Carriage will be charged on orders involving Export at the appropriate rate prevailing at the date of despatch.
10.2 The Customer is responsible at their own expense to obtain any import or export license or any other documentation deemed necessary by any compliant authority.
11 Transit Delays and Non-Delivery
11.1 The Customer must inspect the Goods as soon as reasonably practicable after delivery and shall within 14 days of such delivery or receipt give notice to the Customer Service Department of Just Add VR of any damage or defect in the Goods.
11.2 Queries regarding shortages of Goods must be made within 14 days of delivery date and must be accompanied by the despatch note. Queries regarding Goods invoiced but not delivered must be made to the Customer Service Department of Just Add VR within 14 days of invoice date and the invoice number must be quoted.
11.3 If the Customer fails to give such notice, the Goods shall be conclusively presumed to be in all respects in accordance with the Contract and free from any damage or defect which would be apparent on reasonable examination, and the Customer shall be deemed to have accepted the Goods accordingly.
11.4 SHOULD THE CUSTOMER DECIDE TO ACCEPT A DELIVERY TO THEM IN A DAMAGED CONDITION THEY MUST ENDORSE THE CARRIER'S DELIVERY DOCUMENTATION.
11.5 Just Add VR shall not be liable to compensate the Customer by way of damages or otherwise for non-delivery or late delivery of the Goods or any of them or for any loss consequential or otherwise arising from non-delivery or late delivery.
11.6 Conditions 14.1 to 14.4 inclusive do not affect the statutory rights of a consumer.
12 Order Cancellations
Because of the specialised nature of Just Add VR's Products within the Virtual Fitness Training System product range (which are generally made to special order) cancellation is only accepted if work has not commenced.
13 Product Warranty
See our Warranty at: http://www.justaddvr.com/warranty
14 General Descriptive Matter
14.1 Whilst every endeavour is made to ensure accuracy, all specifications, illustrations or other details or advertising material or otherwise communicated to the Customer are intended merely to present general information of the Goods. Descriptions and illustrations may vary.
14.2 If the description of any Goods which are not directly manufactured by Just Add VR contained in any correspondence, or invoice varies from that of the manufacturer’s description, then the manufacturer’s description will be deemed to be the correct description and shall take precedence over the description assigned by Just Add VR. The updated and complete manufacturer’s description is available from Just Add VR on request before any order is placed.
14.3 In the event of any material change to any description of goods shown on http://www.justaddvr.com,Just Add VR will advise the Customer of the revised description prior to any order being accepted by Just Add VR.
14.4 Just Add VR reserves the right without prior notice to discontinue any Goods or to make design changes as part of a continuous programme of improvement or to assist availability.
15 Product Performance
The responsibility for ensuring that Goods are sufficient and suitable for the Customer's requirements rests with the Customer save insofar as Just Add VR have specifically advised the Customer that the Goods are sufficient and suitable for the Customer's purposes.
16 Limitation of Liability
16.1 The Customer will be responsible for ensuring the fitness for purpose of the Goods for the Customer’s application unless the purpose is previously notified to Just Add VR.
16.2 To the extent permitted by law, Just Add VR accepts no liability whatsoever or howsoever arising in respect of loss, damage or expense arising from errors in information or advice provided whether or not due to Just Add VR's negligence or that of its employees, agents or sub-contractors save for any loss or damage arising from death or personal injury.
16.3 To the extent permitted by law, Just Add VR shall not be liable to the Customer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of any Contract with the Customer, for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of Just Add VR, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Customer.
16.4 The entire liability of Just Add VR under or in connection with the Contract with the Customer shall not exceed the price of the Goods except as expressly provided in these conditions of sale.
17 Force Majeure
Just Add VR shall not be liable to the Customer or deemed to be in breach of Contract by reason of any delay in performing, or any failure to perform, any obligations of Just Add VR in relation to the Goods, provided that the delay or failure was due to any cause beyond reasonable control of Just Add VR. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond reasonable control of Just Add VR: Act of God, explosion, flood, tempest, fire or accident; war or threat of war, terrorist act, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of Just Add VR or of a third party); difficulties in obtaining raw materials, labour, fuel, parts or machinery; power failure or breakdown in machinery.
18 Law
All contracts between Just Add VR and the Customer shall be governed by and interpreted in accordance with English Law and bothJust Add VRand the Customer submits to the exclusive jurisdiction of any competent Court in England.
19 Insolvency
19.1 If the Customer fails to make payment for the Goods in accordance with these Conditions of Sale or permits any other breach of any contract for sale or if any distress or execution shall be levied upon any of the Customer's goods or if the Customer offers to make any arrangement with its creditors or if any petition in bankruptcy is presented against the Customer or the Customer is unable to pay its debts as they fall due or if any petition in bankruptcy is presented against the Customer or if being a limited company any resolution or petition to wind up the Customer (other than for the purpose of amalgamation or reconstruction without insolvency) shall be passed or presented or if a Receiver, Administrative Receiver or Manager shall be appointed over the whole or any part of the Customer's business or assets or if any petition for the appointment of any administrator is presented against the Customer or if the Customer shall suffer any actions or proceedings under foreign law all sums outstanding in respect of the Goods shall become payable immediately.
19.2 Just Add VR may in its absolute discretion and without prejudice to any other rights which it may have suspend all future deliveries of Goods to the Customer and/or terminate any contract without liability upon its part; and/or exercise any of its rights pursuant to these Conditions of Sale.
20 Headings
All headings in these Conditions of Sale are for ease of reference only and shall not affect the construction of any contract between Just Add VR and a Customer.
21 Severance
Any provision of any contract with Just Add VR which is or may be void or unenforceable shall to the extent of such invalidity or unenforceability be deemed severable and shall not affect any other provision of any Contract.
22 Waiver