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Terms and Conditions of Sale
Helm Licence Agreement
Helm 4 Licence Agreement

Terms and Conditions of Sale

 
DEFINITIONS
 
"Buyer" means the individual or organisation who buys or agrees to buy the Goods from the Seller;
 
"Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
 
"Contract" means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;
 
"Goods" means the articles that the Buyer agrees to buy from the Seller;
 
"Seller" means WebHost Automation of Kings House, 14 Orchard Street, Bristol, BS1 5EH, UK that owns and operates WebHost Automation;
 
"Terms and Conditions" means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Seller;
 
"Website" means this website.
 
CONDITIONS
 
Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
 
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.
 
Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
 
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.
 
Any complaints should be addressed to the Seller's by email to sales@webhostautomation.com or by writing to Kings House, 14 Orchard Street, Bristol, BS1 5EH, UK
 
ORDERING
 
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.
 
Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 30 days.
 
When making an order through the Website, the technical steps the Buyer needs to take to complete the order process are described in the Order Process section within the website.
 
WebHost Automation Limited uses 128 bit SSL to encrypt all sensitive information transmitted to payment systems during the purchase procedure.
 
This purchase will appear on your credit card statement as "WEBHOSTAUTOMATION.COM BRISTOL".
 
PRICE AND PAYMENT
 
The price of the Goods shall be that stipulated on the Website. The price is exclusive of VAT, where applicable.
 
The total purchase price, including VAT, if any, will be displayed in the Buyer’s shopping cart prior to confirming the order.
 
After the order is received the Seller shall confirm by email the details, description and price for the Goods.
 
Payment must be made in full before dispatch of the Goods, unless credit facilities have been granted by WebHost Automation.
 
RIGHTS OF SELLER
 
The Seller reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time.  The Seller shall make every effort to ensure prices are correct at the point at which the Buyer places an order.
 
The Seller reserves the right to withdraw any goods from the Website at any time.
 
The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.
 
AGE OF CONSENT
 
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.
 
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.
 
WARRANTY
 
The Seller warrants that the Goods will at the time of dispatch correspond to the description given by the Seller.  Except where the Buyer is dealing as a Consumer, all other 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.
 
DELIVERY
 
Immediately upon successful payment you will receive an automated receipt  from our us. Please print an retain a copy of this and retain in a safe place for future reference. Your unique order reference number will be on this receipt and should be used for all enquires about your order.We will respond to all enquiries within 1 business working days. Our trading hours are Moday-Friday 8am-5.30pm. Normally we will respond within 2 hours of receiving your enquiry.
 
Goods supplied normally be delivered within 1 working day of acceptance of order.
 
In some cases it may be necessary to manually confirm that an order is not fradulent.  If further information is required the Buyer will be notified by email.
 
LIMITATION OF LIABILITY
 
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.
 
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.
 
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.
 
FORCE MAJEURE
 
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, failure of any communications, telecommunications or computer system, 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.
 
SEVERANCE
 
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.
 
CHANGES TO TERMS AND CONDITIONS
 
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.
 
GOVERNING LAW AND JURISDICTION
 
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 court.
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