Sage web shop (shop.sage.co.uk) Terms of
Supply
This page (together with the documents referred to on it) tells
you the terms on which we supply to you any of the products and
services (‘Products’) listed on our website at
shop.sage.co.uk (the ‘Sage shop’).
Please read these terms and conditions carefully before ordering
any Products from the Sage shop, as by ordering any of our
Products, you agree to be bound by these terms and conditions. You
may wish to print a copy of these terms and conditions for future
reference.
1. INFORMATION ABOUT US
shop.sage.co.uk is part of a web site operated by Sage (UK) Limited
(‘we’). We are registered in England and
Wales under company number 01045967 and our registered office is at
North Park, Newcastle upon Tyne, NE13 9AA. We have other
trading addresses, for example at Sage House, Wharfedale Road,
Winnersh, Wokingham RG41 5RD, and our Accountants’ Division at
Building 3, Exchange Quay, Salford Quays, Manchester, M5 3ED. Our
VAT number is GB555909605.
2. SAGE SHOP AVAILABILITY
Our site is mainly intended for use by people resident in the U.K.
We may not accept orders with a delivery address outside the
U.K.
3. YOUR STATUS
By placing an order
through the Sage shop, you make a binding contractual promise (or
‘warranty’) that:
(a) you are legally capable of entering into binding
contracts;
(b) you are at least 18 years old; and
(c) if you are an individual placing an order on behalf of a
business or entity which you work for, you are authorised to place
it on their behalf.
4. HOW THE CONTRACT BETWEEN YOU AND US IS
FORMED
4.1 After placing an order, you will receive an e-mail from us
acknowledging that we have received your order. Please note that
this does not mean that your order has been accepted. Your order
constitutes an offer to us to buy a Product. All orders are
subject to acceptance by us, and we will confirm such acceptance to
you by dispatching your order, together with an invoice or dispatch
note (the Dispatch Confirmation). The
contract between us (Contract) will only be formed
when we send you the Dispatch Confirmation. If we do not
accept your order for any reason we will contact you to discuss
your order.
4.2 The Contract will relate only to those Products whose
dispatch we have confirmed in the Dispatch Confirmation. We
will not be obliged to supply any other Products which may have
been part of your order until the dispatch of such Products has
been confirmed in a separate Dispatch Confirmation.
5. OUR STATUS
5.1 Please note that in some cases, we accept orders for
Products as resellers of third party products and services.
The contract to use those third party Products will be between you
and that third party seller and is subject to their terms and
conditions. They will advise you of these directly, usually when
you install or first use their product or service. You should
carefully review those terms and conditions.
5.2 We may also provide links on Sage shop to the websites of
other companies, whether affiliated with us or not. We cannot
promise that third party Products which you purchase through the
Sage shop, or from companies to whose website we have provided a
link on the Sage shop, will be of satisfactory quality, and we do
not give any promise about those companies or their products and
services. This disclaimer does not affect your statutory
rights against the third party seller. We will notify you
when a third party is involved in a transaction, and we may
disclose your customer information related to that transaction to
the third party seller.
6. CONSUMERS
6.1 We do not wish to accept orders from consumers via the
Sage shop. You should only place an order with us in the course of
operating a business, or similar organisation, for example a
charity. Please contact usersales@sage.com if you are a
consumer and wish to order a Product.
6.2 You may cancel your order before we dispatch it to you.
Once we have dispatched your order, you may cancel the contract
relating to the use of the Product by following the steps which are
described in the contractual terms accompanying that Product(s).
Please note that there is usually a time limit within which you
must cancel such contractual terms, which will be described in
them. You may also need to follow the required steps in order to
return a Product(s).
6.3 If you have any statutory rights, this provision does not
affect them.
7. AVAILABILITY AND DELIVERY
We aim to fulfil your order within 2-3 working days or if not,
within a reasonable period. If we cannot fulfil it within a
reasonable period, we will inform you at the time you place the
order by a note on the relevant web page, or by contacting you
directly after you place your order.
8. HANDOVER OF REPONSIBILITY FOR AND OWNERSHIP OF THE
PRODUCTS
8.1 You will be responsible for looking
after the Products from the time of delivery to your delivery
address, or other location you gave for delivery.
8.2 Ownership of the Products will only pass to you when we
receive full payment of all sums due in respect of the Products,
including delivery charges. As specified with the relevant terms
accompanying the Product, if the Products consist of intellectual
property (like software), we only transfer ownership of the disk or
other media which the software (or other intellectual property) is
recorded on.
9. PRICE AND PAYMENT
9.1 The price of any Products will be as quoted on the Sage
shop from time to time, except in cases of error.
9.2 The amount of VAT in our prices is always specified.
Prices given on the Sage shop pages exclude delivery costs. These
will be displayed with the total amount due when you go to your
shopping basket, prior to you paying for your order.
9.3 We may change our prices at any time, but changes will not
affect orders for which we have already sent you a Dispatch
Confirmation.
9.4 Our site contains a large number of Products and it is
always possible that, despite our best efforts, some of the
Products listed on Sage shop may be incorrectly priced. We
will normally verify prices as part of our dispatch procedures so
that, where a Product's correct price is less than our stated
price, we will charge the lower amount when dispatching the Product
to you. If a Product’s correct price is higher than the price
stated on Sage shop, we will normally, at our discretion, either
contact you for instructions before dispatching the Product, or
reject your order and notify you of such rejection.
9.5 We are under no obligation to provide the Product to you
at the incorrect (lower) price, even after we have sent you a
Dispatch Confirmation, if the pricing error is obvious and
unmistakeable and could have reasonably been recognised by you as a
mis-pricing.
9.6 Payment for all Products must be by credit or debit card,
or by invoice if you have a trading account with us. We
accept payment by the credit and debit cards which are displayed on
the card payment web page. If you are paying by credit or
debit card we will charge it when you click the order button.
This charge will automatically be confirmed to you. You should
print out or save a copy of this confirmation for your own
records.
10. OUR REFUNDS POLICY
10.1 Please see the terms of the agreement which accompanied
your Product, for details of how you may cancel that agreement, for
example if you do not agree with those terms. Please note there is
a time limit within which you must contact us if you wish to cancel
it. This varies and will be detailed in those terms.
10.2 If you are dissatisfied with the Product(s), or have any
other concern with it/them, please email our customer care team on
customer.experience@sage.com
or call 0845 111 55 55.
11. OUR CONTRACTUAL PROMISES AND
LIABILITY
11.1 We make a contractual promise (or
‘warranty’) that we will use our reasonable efforts to supply you
with the Product(s) you have ordered within a reasonable period. To
the extent permitted by law, and subject to clause 11.4, this
promise overrides any warranty that may be implied into this
Contract by law. Any warranty about the Product(s) purchased from
us through the Sage shop is described in the agreement which
accompanied the Product(s).
11.2 Subject to clause 11.4, our liability for losses you
suffer as a result of us breaking this Contract is limited to the
purchase price of the relevant Product which we supplied to
you.
11.3 Subject to clause 11.4, we are not responsible for:
(a) indirect losses which happen as a side effect of the main
loss or damage which you make a claim for;
(b) loss of income or revenue, loss of business, loss of
profits or contracts, loss of anticipated savings, loss of data,
waste of management or office time) however arising and whether
caused by tort (including negligence), breach of contract or
otherwise, even if foreseeable; and in each case whether caused
directly or indirectly.
11.4 This does not include or limit in any way our liability
for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) you being able to use the Product(s) without someone else
interfering with that use; or
(d) any matter for which it would be illegal for us to
exclude, or attempt to exclude, our liability.
11.5 If you buy any Product from a third party seller through
Sage shop, the seller's individual liability will be set out in the
seller's relevant terms and conditions.
12. IMPORT DUTY
12.1 If you order (and we supply) Products from Sage shop for
delivery outside the U.K., they may be subject to import duties and
taxes which are levied when the delivery reaches the specified
destination. You will be responsible for payment of any such
import duties and taxes. Please note that we have no control
over these charges and cannot predict their amount. Please
contact your local customs office for further information before
placing your order.
12.2 Please also note that you must comply with all applicable
laws and regulations of the country for which the products are
destined. We will not be liable for any breach by you of any
such laws.
13. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or
communications we send to you should be in writing. When
using Sage shop, you accept that communication with us will be
mainly electronic. We will contact you by e-mail or provide
you with information by posting notices on our website. For
contractual purposes, you agree to this electronic means of
communication and you acknowledge that all contracts, notices,
information and other communications that we provide to you
electronically comply with any legal requirement that such
communications be in writing. This does not affect your
statutory rights.
14. NOTICES
All notices given by you to us must be given to us at
usersales@sage.com. If your notice
is about legal proceedings please send a paper copy to our
registered office, FTAO Head of Legal. We may give notice to you at
either the e-mail or postal address you provide to us when placing
an order, or in any of the ways specified in clause 13 above.
Notice will be deemed received and properly served immediately when
posted on our website, 24 hours after an e-mail is sent, or three
days after the date of posting of any letter. In proving the
service of any notice, it will be sufficient to prove, in the case
of a letter, that such letter was properly addressed, stamped and
placed in the post and, in the case of an e-mail, that such e-mail
was sent to the specified e-mail address of the addressee.
15. TRANSFER OF RIGHTS AND
OBLIGATIONS
15.1 The contract between you and us
is binding on you and us and on our respective successors and
assigns.
15.2 You may not transfer, assign, charge or otherwise dispose
of a Contract, or any of your rights or obligations arising under
it, without our prior written consent.
15.3 We may transfer, assign, charge, sub-contract or
otherwise dispose of a Contract, or any of our rights or
obligations arising under it, at any time during the term of the
Contract.
16. EVENTS OUTSIDE OUR
CONTROL
16.1 We will not be liable or
responsible for any failure to perform, or delay in performance of,
any of our obligations under a Contract that is caused by events
outside our reasonable control (Force Majeure Event).
16.2 Our performance under any Contract is deemed to be
suspended for the period that the Force Majeure Event continues,
and we will have an extension of time for performance for the
duration of that period. We will use our reasonable
endeavours to bring the Force Majeure Event to a close or to find a
solution by which our obligations under the Contract may be
performed despite the Force Majeure Event.
17. WAIVER
17.1 If we fail, at any time during the term of a Contract, to
insist upon strict performance of any of your obligations under the
Contract or any of these terms and conditions, or if we fail to
exercise any of the rights or remedies to which we are entitled
under the Contract, this shall not constitute a waiver of such
rights or remedies and shall not relieve you from compliance with
such obligations.
17.2 A waiver by us of any default shall not constitute a
waiver of any subsequent default.
17.3 No waiver by us of any of these terms and conditions
shall be effective unless it is expressly stated to be a waiver and
is communicated to you in writing in accordance with clause 14
above.
18. SEVERABILITY
If any of these terms or any provisions of a Contract are
determined by any competent authority to be invalid, unlawful or
unenforceable to any extent, such term, condition or provision will
to that extent be severed from the remaining terms, conditions and
provisions which will continue to be valid to the fullest extent
permitted by law.
19. ENTIRE AGREEMENT
19.1 These terms and any document expressly referred to in
them represent the entire agreement between us in relation to the
subject matter of any Contract and supersede any prior agreement,
understanding or arrangement between us, whether oral or in
writing.
19.2 We each acknowledge that, in entering into a Contract,
neither of us has relied on any representation, undertaking or
promise given by the other or be implied from anything said or
written in negotiations between us prior to such Contract except as
expressly stated in these terms and conditions.
19.3 Neither of us shall have any remedy in respect of any
untrue statement made by the other, whether orally or in writing,
prior to the date of any Contract (unless such untrue statement was
made fraudulently) and the other party´s only remedy shall be for
breach of contract as provided in these terms and conditions.
20. OUR RIGHT TO VARY THESE TERMS AND
CONDITIONS
20.1 We have the right to revise and
amend these terms and conditions from time to time to reflect
changes in market conditions affecting our business, changes in
technology, changes in payment methods, changes in relevant laws
and regulatory requirements, changes in our business strategy and
operations and changes in our system's capabilities.
20.2 You will be subject to the policies and terms and
conditions in force at the time that you order Products from us,
unless any change to those policies or these terms and conditions
is required to be made by law or governmental authority (in which
case it will apply to orders previously placed by you), or if we
notify you of the change to those policies or these terms and
conditions before we send you the Dispatch Confirmation (in which
case we have the right to assume that you have accepted the change
to the terms and conditions, unless you notify us to the contrary
within ten days of receipt by you of the Products).
21. LAW AND JURISDICTION
Contracts for the purchase of Products through Sage shop will be
governed by English law. Any dispute arising from, or related
to, such Contracts shall be subject to the non-exclusive
jurisdiction of the courts of England and Wales.