Terms and Conditions of Sale

CONDITIONS APPLICABLE

These conditions shall apply to all contracts for the sale of goods and/or services by DeLever Limited to the person who buys or agrees to buy the goods and/or services from DeLever Limited (‘the Customer’) to the exclusion of all other terms, conditions, representations and warranties express and implied, save for any Software Licence Agreement between DeLever Limited and the Customer
All orders for goods and/or services shall be deemed to be an offer by the Customer to purchase goods and/or services pursuant to these conditions.
Acceptance of delivery of the goods or receipt of the services shall be deemed conclusive evidence of the Customer’s acceptance of these conditions.
Any variation of these conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by DeLever Limited.
Nothing in these conditions shall effect the statutory rights of any consumer.

THE PRICE AND PAYMENT

DeLever Limited’s quoted prices on paper or in electronic price lists, are subject to confirmation at the time of order. The price is exclusive of VAT which will be chargeable in accordance with legislation current at the date of supply and is also exclusive of postage and packaging costs.
Where DeLever Limited provides a Customer with a quotation for goods and/or services, the price quoted shall be binding upon DeLever Limited provided that the Customer shall accept DeLever Limited’s quotation within 14 days from the date of quotation.
DeLever Limited shall not be bound to deliver the goods or to provide the services until the Customer has paid for them.
Payment shall be due before an order can be accepted and the goods and/or services delivered. Unless agreed by DeLever Limited (in writing) to be subject to an invoice payment which shall be due on all sales not more than 30 days from the date of invoice, unless stated to the contrary on the invoice.
If any act or proceedings shall be commenced in which DeLever Limited’s solvency is concerned, all moneys under any transaction covered by these terms and conditions shall become immediately due and payable.
Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at the rate of 5% above National Westminster Bank Plc’s base rate from time to time in force and shall accrue at such rate after as well as before any judgement.

RIGHTS FOR YOU TO CANCEL YOUR CONTRACT

For the myAPC diary (herein known as the goods)

You may cancel your contract with us for the goods you order at any time within seven working days from the date you receive the ordered goods. You do not need to give us any reason for cancelling your contract nor will you have to pay a penalty.
You cannot cancel your contract if the goods you have ordered have been unpacked from their packaging and had their security seals broken.
To cancel your contract you must notify us in writing
If you have received the goods before you cancel your contract, unless you have the right to cancel (see above), you must send the goods back to our contact address at your own risk. If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own risk as soon as possible.
Once you have notified us that you are cancelling your contract, any sum paid to us for the goods will be re-credited to you as soon as possible and in any event within 30 days of your order PROVIDED THAT the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the cost of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.

CANCELLATION BY US

For the myAPC Diary (herein known as the goods)

We reserve the right to cancel the contract between us if:

We have insufficient stock to deliver the goods you have ordered.
We do not deliver in your area; or
One or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers
If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum paid to us as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.

WARRANTIES AND LIABILITIES

All implied terms, conditions and warranties relating to the quality and/or fitness for purpose of the goods or relating to the skill and care with which services are to be rendered are excluded.
Neither DeLever Limited nor any of its servants or agents or otherwise shall be liable for any direct, indirect, special, consequential or incidental damage or loss arising out of the use, results of the use or inability to use the goods and/or services.
If any exclusion, disclaimer or other provision contained in this agreement is held invalid for any reason and DeLever Limited becomes liable for loss or damage that could otherwise be limited, such liability, whether in contract, negligence or otherwise, will not exceed the amount actually paid by the Customer for the goods.

DELIVERY OF THE GOODS AND / OR SERVICES

Delivery of goods shall be made to the Customer’s address on the date agreed for delivery on the invoices. The Customer shall make all arrangements necessary to take delivery of the goods whenever they are tendered for delivery.
DeLever Limited shall not be liable for any loss or damage whatsoever due to failure by DeLever Limited to deliver the goods or any of them promptly or at all nor for any failure by DeLever Limited to provide any service promptly or at all.
Notwithstanding that DeLever Limited may have delayed or failed to deliver the goods or provide the services promptly the Customer shall be bound to accept delivery and to pay for the goods and/or the services in full provided that delivery shall be done at any time within 3 months of the delivery date.

ACCEPTANCE OF THE GOODS

The Customer shall be deemed to have accepted goods 24 hours after delivery to the Customer.
After acceptance the Customer shall not be entitled to reject goods which are not in accordance with the contract.

TITLE AND RISKS

Title in goods shall pass on payment of the invoice or on delivery of the goods, whichever is later.
Risk shall pass on delivery of the goods.

PURCHASE OF DeLever Limited SOFTWARE

The Customer agrees to abide by the Software Licence Agreement applicable to each item of DeLever Limited software purchased.
In the case of software supplied by DeLever Limited which is the subject of a licence from a third party the Customer agrees to be bound by the terms of that licence.

REMEDIES OF THE CUSTOMER

Where the Customer rejects any goods then the Customer shall have no further rights whatever in respect of the supply to the Customer of the goods or the failure by DeLever Limited to supply goods which conform to the contract of sale.
Where the Customer accepts or has been deemed to have accepted any goods then DeLever Limited shall have no liability whatever to the Customer in respect of those goods.

CLERICAL ERRORS

All clerical errors are subject to correction by DeLever Limited at any time.

LAW

Each of the above conditions shall be read and construed independently of each other so that if one or more is held to be unlawful it shall not affect the validity or enforceability of the remainder of the conditions.
This agreement is governed by English law and the parties submit to the non-exclusive jurisdiction of the High Court in London.

TECHNICAL SUPPORT

The nature, availability and lifetime of any free technical support service offered by DeLever Limited with respect to DeLever Limited’s software products will be at the sole discretion of DeLever Limited.