In these Terms and Conditions the following words and expressions shall have the meanings set out next to them:
“Service” means the react2.com service and/ or ancillary material available for purchase on this Website;
“End User Licence” means the document available on this Website that includes terms and conditions of use of any Service purchased by you on this Website;
“Terms and Conditions” means these terms and conditions of sale;
"we” or “us" or “our” means React2 Ltd., a company incorporated in Scotland (Company No. SC162119) with its registered office at 10 Ballantyne Place, Peebles, UK, EH45 8GA;
"Website" means the whole or any part of the website controlled or operated by us and located at www.react2.com or any subsequent URL which may replace it; and
"you" or “your” means a party that uses the Website to purchase Service.
Conditions of Purchase
These Terms and Conditions apply to the purchase of all and any Service on this Website and by placing an order for any Service on this Website you agree that such purchase will be subject to and you will be bound by these Terms and Conditions.
Acceptance of Orders for Goods
When you place an order on this Website to purchase the Service from us to be accessed or downloaded by you from this Website for use by you and/ or to be delivered by post to you on DVD, we will send you an e-mail confirming receipt of your order which will contain the details of your order. Your order to purchase Service from this Website represents an offer by you to us to purchase this Service which, notwithstanding the taking of payment from you by us for such a Service, is only accepted by us to form a contract between you and us when we send to you a further e-mail, in addition to the e-mail confirming receipt of your order, that explicitly confirms that we have accepted your order, this e-mail is your “Order Confirmation”.
In the event that we take payment from you before the relevant contract between you and us is formed and thereafter we do not accept your order and/ or do not issue an Order Confirmation to you, we shall make a full refund of your payment to you. Any Service on the same order which we have not confirmed in an Order Confirmation does not form part of that contract.
We retain the right to refuse to accept your order solely at our discretion. If we are concerned that you are attempting to place an order dishonestly, fraudulently, by impersonating someone else or are attempting to use payment details that have been stolen, we will make additional checks as to your standing and if appropriate involve external authorities.
Some Services or special offers will be subject to availability and could change before we accept your order; however, they will not change after we accept your order.
If we do not have the Service that you have ordered from us then we may offer you an alternative.
All Services purchased on this Website by you is subject to the terms and conditions of the End User Licence which you must accept before completing your order for any such Service.
These Terms and Conditions are the only terms upon which we are prepared to deal with a purchaser of the Service through this Website and they shall govern the contract arising from any order made through this Website that is accepted by us to the entire exclusion of all other terms or conditions. This does not affect your statutory rights.
If for any reason a court of competent jurisdiction finds that any provision or portion of these Terms and Conditions to be illegal, unenforceable, or invalid under applicable law in a particular jurisdiction then: (i) these Terms and Conditions will not be affected in other jurisdictions to the extent that such determination or finding has no application; and (ii) in the relevant jurisdiction, the remainder of these Terms and Conditions (to the fullest extent permitted by law) will continue in full force and effect.
Right to Cancel
In relation to purchases made by you of Services from this Website that are delivered to you by post on CD-ROM / DVD-ROM (“Delivered Items"), you have the right, subject to the next paragraph of these Terms and Conditions, to cancel such Delivered Items within seven days of the day after the date on which the relevant Delivered Items are delivered to you. In order to cancel a purchase of Delivered Items you must notify us of such cancellation of such purchase within such seven-day period and we will then instruct you how to return the Delivered Items to us and we will arrange for a full refund of the sums you have paid in relation to such Delivered Items. Please note that whilst you are in possession of any such Delivered Items you have a duty to take reasonable care of them.
Your right to cancel under this section of these Terms and Conditions will cease to apply to any Delivery Items that you have unsealed as soon as you have unsealed them.
Please see the End User License Agreement (section 7) for rights of Termination for both Delivered Items and/or online Services.
By placing an order for any Service on this Website, you represent to us that:
• the information and any part thereof provided by you to us when placing your order is up-to-date, materially accurate and is sufficient for us to fulfil your order; and • you have full legal capacity to enter into a contract.
You are solely responsible for maintaining and promptly updating your account information with us for accuracy and completeness and for keeping such information (and any passwords given to you for the purposes of accessing the Website and/ or purchasing Services on the Website) secure against unauthorised access by any other parties.
Except if otherwise agreed by us or required by applicable law, any warranties provided in relation to any Service purchased by you on this Website (whether or not included in the End User Licence) only extends to you on the understanding that you are a user of such a Service and that you are not a reseller of such Software.
No warranty, commitment or any other obligation by us to you should ever be assumed by you on our behalf without our express prior written consent.
All pricing on this Website is, unless otherwise indicated, in pounds sterling. Our pricing is, unless otherwise stated, inclusive of UK Value Added Tax.
This Website contains a large number of Services and it is always possible that, despite our best efforts, some of the Services listed on this Website are incorrectly priced. We verify the prices included in your order to us as part of our processing procedures so that, where any Service is incorrectly priced we may, at our discretion, either contact you for your instructions in relation to your order or reject your order and notify you of such rejection.
The price of the Service shall be the price specified by us in the Order Confirmation we issue to you.
We reserve the right, before the Order Confirmation is dispatched, to change the price of the Service.
You may have a discount voucher or code for some products (“Discount”). If this is the case please note that: • Only one Discount may be used per customer per transaction. • Discounts are only valid until the date published and are subject to any applicable terms and/ or conditions. • We reserve the right to end any Discounts at any time including prior to the advertised end date without notice.
Personal Information and Privacy
We will observe all applicable data protection laws and any information, submitted by you to us as part of your order for the Service on this Website, that does or can be used to personally identify you ("Personal Data") will be used by us in relation to your order and by placing an order for Services on this Website you consent to such Personal Data being processed to fulfil your order accordingly.
Additionally, by placing an order for Services on this Website you consent to our use of your Personal Data for the purpose of us contacting you to inform you of any of our products and or offers which we consider you may be interested in. You can revoke the foregoing consent at any time by contacting us and informing us that you no longer wish us to use your Personal Data for such purposes.
Governing Law and Jurisdiction
The construction, validity and performance of these Terms and Conditions shall be governed by Scottish Law and by purchasing Services on this Website you submit to the exclusive jurisdiction of the Scottish Courts provided that such exclusive jurisdiction shall not apply to the extent that any applicable law in your country of residence requires application of another jurisdiction that cannot be excluded by contract.
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