Terms and Conditions
AGREEMENT
BETWEEN CUSTOMER AND DTSEARCH UK
This Website is offered to you, the customer
by dtSearch UK, a trading name of Electronart
Design Ltd a company with registered office
at Unit 27 Shaftesbury Centre, 85 Barlby
Road, London W10 6BE, United Kingdom.
You
warrant that you are at least 18 years of
age and possess the legal authority to enter
into this agreement and to use this Website
in accordance with all our Terms & Conditions.
You agree to be financially responsible
for all of your use of this Website (as
well as for use of your account by others,
including without limitation minors (under
18 years old) living with you).
Acceptance
of Terms
When you access this site, you acknowledge
that you have read and agree to abide by
the terms described below. If you do not
agree to the terms, you are not authorised
to use this Website.
Contract
The offering of products for sale at this
Website constitutes an "invitation
to treat". We cannot and will not be
held responsible for pricing or technical
errors or omissions.
Links
to third party Websites
This Website may contain hyperlinks to Websites
operated by third parties. These links are
provided for your reference only. dtSearch
UK does not control such Websites and is
not responsible for their contents. dtSearch
UK's inclusion of hyperlinks to third party
Websites does not imply any endorsement
of the material on those Websites or any
association with their operators.
Software
available from this Website
Any software that is made available to download
from this Website is the copyrighted work
of the respective publishers or suppliers.
Your use of the software is governed by
the terms of the license agreement, which
accompanies or is included with the software.
You may not install, copy or use any software
unless you first agree to the license agreement
terms.
By
ordering software from dtSearch UK you (and
your customer if applicable) are agreeing
to comply with the End User Licence Agreement
(EULA) of the product(s) that you are purchasing
and installing.
All
software, including HTML, Active X controls
and other script contained on this Website,
is owned by dtSearch UK and/or its suppliers
and is protected by copyright laws and international
treaty provisions. You may only make copies
of the software for backup or archival purposes.
Any other reproduction or redistribution
of the software is expressly prohibited
by law. You may not reverse engineer, decompile
or disassemble the software, except and
only to the extent that such activity is
expressly permitted by law notwithstanding
this limitation.
Export
Restrictions
You acknowledge that the software and any
accompanying documentation and/or technical
information is subject to applicable export
control laws and regulations of the U.S.A
and United Kingdom. You agree not to export
or re-export the software, directly or indirectly,
to any countries that are subject to U.S.A.
or United Kingdom export restrictions.
No
Warranty
dtSearch UK attempts to provide accurate
information on this Website, however, it
assumes no responsibility for accuracy.
Material on this site is provided "as
is" and dtSearch UK disclaims all warranty
of any kind, either express or implied.
This includes but is not limited to implied
warranties of merchantability, fitness for
a particular purpose, and non-infringement.
Product
Warranties
All goods supplied by dtSearch UK are covered
by their respective manufactures warranties.
Limitation
of Liability
dtSearch UK is not liable for any direct,
indirect, special, incidental or consequential
damages arising out of the use, or the inability
to use, the material on this site. This
includes but is not limited to loss of data
or loss of profit, even if dtSearch UK was
advised of the possibility of such damages.
Prices
VAT is payable on all orders for delivery
within the EU. All prices on this Website
are subject to change without notice.
Delivery
Delivery shall be at the Customer's premises
or, if different, the place specified in
the Customer's order.
Electronic
Software Delivery (ESD). When you order
your software we will acknowledge your order
by e-mail and advise you when we will electronically
deliver the software key (s) /serial number
(s), and a link to software files and other
documentation. Delivery is deemed to be
made when we have sent the e-mail or received
an e-mail delivery receipt from a third-party
delivery service (e.g. YouSendIt.com, Digital
River). You are not obliged to download
the software from the link we provide, and
may use the serial number(s) in copies of
earlier versions you may have purchased
or in evaluation versions of the software
that you may have downloaded. You may use
the serial number(s) on up to the purchased
number of licensed users or servers.
Dates
and times quoted by dtSearch UK are estimates
only and any delay in meeting delivery dates
shall not give rise to a right to cancel
the order or to claim damages. The Customer
shall note any claim for short delivery
and/or damage to components or packaging
on the delivery schedule at the time of
delivery and shall confirm such claims in
writing to dtSearch UK within 3 days from
the date of delivery. All goods are deemed
delivered and completed if such notice is
not received within such period. dtSearch
UK reserves the right to make part deliveries.
Following
delivery, we normally send an Invoice to
you by email within 2 working days.
Our online orders are processed several
times a day in batches, typically if you
place your order during a working day (Mon
- Fri 9 - 5pm) you should receive an email
from us within 4 hours of placing your order.
If you make an error in your order you should
notify us immediately so that we can intercept
the process and prevent delivery if possible.
Payment
and Customer accounts
Any EU based bona-fide limited company,
PLC, government department or similar organisation,
that has been established for two years
or more will normally be treated as an approved
account holder of dtSearch UK. However,
dtSearch UK reserves the right to carry
out credit checks at any time and to refuse
or withdraw account facilites.
If the Customer is not an approved account
holder of dtSearch UK all invoices are payable
before delivery of the goods or immediately
following submission of a pro forma invoice
from dtSearch UK whichever is the earlier.
If the Customer is an approved account customer
all invoices are payable net within 30 days
of the date of invoice. Time is of the essence
with regard to payment of any sums due to
dtSearch UK. The Customer shall not be entitled
to withhold payment of any amount due or
be entitled to any right of set-off to dtSearch
UK in respect of any claim for damage to
goods or any alleged breach of contract
by dtSearch UK.
dtSearch
UK reserves the right to require the Customer
to pay for goods in advance and to recharge
or refuse discount if the Customer fails
to maintain credit account arrangements
satisfactory to dtSearch UK.
Overdue
payments
Without
prejudice to dtSearch UK's other rights*
if the Customer fails to pay any amount
on the due date:
- dtSearch
UK shall have the right to cancel any
contract made with the Customer and/or
to suspend deliveries;
- dtSearch
UK reserves the right to charge interest
on a daily basis on overdue amounts at
the rate of 4% above the Bank of Englands
base rate until payment;
-
The Customer shall indemnify dtSearch
UK and keep it indemnified in respect
of all costs (including legal fees) reasonably
incurred in attempting to recover such
overdue amounts;
- The
whole of the balance then outstanding
to dtSearch UK by the Customer on any
account whatsoever shall become immediately
due and payable.
*EU
business customers
Late
Payment Legislation. From August 2002
the Late Payment of Commercial Debts (interest)
Act 1998 was amended to incorporate the
features of European Directive 2000/35/EC
on late payment in commercial transactions.
If you are a business customer in the
EU we will apply the interest and debt
recovery costs in accordance with the
above UK legislation. Details can be found
at The
Better Payment Practice Campaign website.
Returns
and Refunds
EU customers
Consumer Protection (Distance Selling) Regulations
2000. If you are a consumer (i.e. you are
not buying in connection with a business)
you may cancel your order for any reason
within 7 days of receipt of your goods.
We will refund the cost of the goods within
30 days of cancellation, providing we are
in receipt of the returned goods. You will
be responsible for payment of the cost of
returning goods and are advised to return
them by recorded delivery
dtSearch UK 30-day Satisfaction Guarantee.
In addition to your statutory rights, in
the unlikely event that you are dissatisfied
with your purchases, you may return them
to us within 30-days of Invoice date for
a full refund or replacement, unused and
with original packaging if possible. All
registration cards must be included.
You
must contact us in writing before returning
goods for any reason by post, fax or e-mail
to sales @ dtsearch.co.uk, by Fax to +44
(0)20 7900 6021 or to Customer Service,
Unit 27 Shaftesbury Centre, 85 Barlby Road,
London W10 6BN. You can also contact us
by telephone 0845 299 7307 Mon- Fri 10am
- 6 pm. (Voicemail operates 24 hours a day
7 days a week.) but you must confirm your
request in writing as above. We will refund
your money within 30 days of receipt of
the goods*. If you have paid by credit card
this will be refunded on your card, if you
have paid by cheque we will pay your refund
by cheque. Goods should be addressed to
our office as shown at the bottom of this
page.
Ownership
and Risk
Ownership of goods remains with dtSearch
UK until payment has been received in full.
Risk on the goods passes to the customer
upon delivery of the goods. All physical
deliveries require a signature. dtSearch
UK shall be entitled to assume that any
person signing a delivery note in respect
of the goods on behalf of the Customer appearing
or claiming to have authority to accept
delivery on behalf of the Customer shall
in fact have the authority.
Complaints
Procedure
If at any time you feel you have cause to
complain about our goods or services, we
would be pleased to hear from you, please
contact us in writing by post, fax or e-mail
to customer_service @ electronart.co.uk
or write to Customer Service, Unit 27 Shaftesbury
Centre, 85 Barlby Road, London W10 6BN
We
will acknowledge your complaint within 5
days and inform you of the expected time
required to resolve the complaint.
Your
complaint will be dealt with speedily and
efficiently, and we will inform you of the
steps we intend to take to remedy the situation
and where necessary to adapt procedures
to ensure that the problem does not occur
again.
Changes
to content
dtSearch UK may change the information on
this Website, or the products mentioned,
at any time without notice.
Modifications
of these Terms & Conditions
dtSearch UK reserves the right to change
the terms and conditions under which this
Website is offered.
Jurisdiction
and Choice of Law
This agreement is governed by the laws of
England and Wales. You hereby consent to
the exclusive jurisdiction of the English
courts in all disputes arising out of or
relating to the use of this Website. Use
of this Website is unauthorised in any jurisdiction
that does not give effect to all provisions
of these Terms & Conditions, including
without limitation this paragraph.
The
Terms of this contract do not affect your
statutory rights as a consumer.
Company
Information
Our Registered Office is:
Unit 27 Shaftesbury Centre
85 Barlby Road
London W10 6BN
United Kingdom
Tel:
0845 299 7307 (Mon-Fri 10am - 6pm)
Fax: +44 (0)20 7900 6021 (24 hour/7 days)
Sales enquiries: sales @ dtsearch.co.uk
Technical support: 
Account
queries: accounts @ electronart.co.uk
Complaints: customer-service @ electronart.co.uk
Website problems & suggestions: webmaster
@ electronart.co.uk
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