We or us or Rivington Designs means Rivington Designs Limited
You or your means the customer
Goods means the products sold by us to you including packaging, manuals
and any other ancillary components or documents
Conditions means the terms and conditions of sale set out in this
document and any special terms and conditions agreed in writing by us
You may not assign, sub-license or otherwise transfer any of your
rights under these Terms and Conditions. If any provision of these
Terms and Conditions is found to be invalid by any court having
competent jurisdiction, the invalidity of that provision will not
affect the validity of the remaining provisions of these Terms and
Conditions, which shall remain in full force and effect.
Software products are subject to the Rivington Designs software
licence, which is printed in full below, and also included as part of
the documentation accompanying the goods.
PURCHASING FROM RIVINGTON DESIGNS
Your order is an offer to us to buy the goods of the specification and
description at the price indicated. We are not obliged to supply the
goods to you until we have dispatched the goods to you. At any point up
to then we may decline to supply the goods to you without giving any
reason. It is on our dispatch of the goods that a contract becomes into
effect between you and us and you will be charged for the goods.
Prices are correct at time of going to press and on our website but
fluctuations in the price of items may occur. If there is a change in
the price of goods you will be informed. The price of the goods does
not include delivery by us to you. The price (unless otherwise
expressly stated) shall be exclusive of value added tax which shall be
due at the rate ruling on the date of our invoice.
Payment of the price and value added tax shall be due within 30 days of
the date of the date of the invoice. Rivington Designs is a small
company as defined by the Late Payment of Commercial Debts (Interest)
You may not withhold payment of any invoice or other amount due to us
by reason of any right of set off or counterclaim which you may have or
allege to have or for any other reason whatsoever.
Cheques to Rivington Designs must be in sterling and drawn on a British
Rivington Designs is committed to continuous improvement therefore
product specifications may change without prior notice.
DESPATCH AND DELIVERY
Delivery will be made to the address specified by you unless in the
case of purchases made using a credit or debit or other purchase card
your card provider specifies that delivery be only made to the address
of the card holder as held by the card provider. Delivery to addresses
in the UK will normally be by Royal Mail first class post recorded
delivery. Unless separately agreed with you Rivington Designs will aim
to dispatch goods ordered by 3:00 pm on Monday to Friday on the same
day that they are ordered. Foreseen exceptions to this schedule will be
posted on the Rivington Designs website.
our intention to dispatch your goods as expeditiously as possible we
cannot guarantee delivery on any set date. If we have not already
contacted you, you must contact Rivington Designs if we have not
fulfilled your order 14 days after the date of posting. If you require
the Royal Mail Special Delivery service, contact Rivington Designs to
arrange this. An additional charge will apply for Royal Mail Special
You the customer are solely responsible for inspecting the product upon
delivery. You must contact us within 7 days of any damaged, defective
or missing goods or delivery discrepancies. The risk in the goods shall
pass to you upon such delivery taking place.
We shall not be liable for any loss or damage whatever due to failure
by us to deliver the goods or any of them promptly or at all.
All returns must have prior authorisation. Goods are not offered on a
trial basis. The content of all our products is exhaustively but not
exclusively described on the Rivington Designs website, in the
documentation accompanying our products and on any Rivington Designs
catalogue CD that you may have been given. Issues of technical
compatibility can be resolved by downloading the free sample files from
our website or from our catalogue CD and trying them on your own
machine. For these reasons we see no need to offer goods on a trial
basis and will not do so.
If you are not entirely happy with a Rivington Designs products you can
return it to us within 30 days of the date the goods are received for
any reason, on the sole condition that any item is returned to
Rivington Designs in its original condition. Rivington Designs will
issue a full refund for the price that was paid for the item. This
condition is void if the seal on the envelope containing the software
product CD is broken.
If you return a product to us it is your responsibility to return the
item in full e.g. manuals, booklets, disks etc. Failure to return all
will affect your rights to a refund.
Refunds will be processed within thirty days from the date you reported
your wish to have a refund.
Goods for return must be sent safely and at a cost to the customer.
Goods which are in accordance with the agreement and are returned
without our prior written approval may at our absolute discretion be
returned to you or stored at your cost without prejudice to any other
rights or remedies we may have.
Ownership of the goods transfers when we have been paid in full and
delivery has taken place. Software products are supplied in accordance
with the Rivington Designs Software Licence. All goods remain the
property of Rivington Designs until payment is recieved in full.
Rivington Designs does not guarantee that any or all of the information
or images provided are compliant with existing, future or past
legislation or standards. Buyers are specifically warned that some
images contained in Rivington Designs are not compliant with current
legislation and are included for comparison purposes.
If the CD media on which your Rivington Designs product is delivered
should fail to function within a period of twelve months starting at
the date of purchase, you may return it to us along with all
accompanying manuals and materials and we will replace it. If the
affected product is unavailable due to upgrading to a newer version we
reserve the right to provide the newer version of the affected product
as a replacement. This condition shall be void if the affected product
exhibits signs of misuse or deliberate damage when returned to
Due to the standardised nature of the products and services provided by
Rivington Designs, we cannot guarantee that such products and services
will meet your precise needs or circumstances. It is your
responsibility to ensure that any design provided by Rivington Designs
is fit for the purpose for which it is used. Neither the disc(s),
manual(s) or any accompanying literature or any information on the
Rivington Designs website or any Rivington Designs promotional
literature shall be considered an authoritative or authorizing document
on the legislation to which it may relate.
You agree that Rivington Designs will not be liable to you or any third
party for any consequential or incidental loss or damage (including but
not limited to loss of revenue, loss of profits, loss of anticipated
savings, wasted expenditure, loss of privacy and loss of data) or any
other direct, indirect, special or punitive damages whatsoever that
arise out of or are related to the use of Rivington Designs products or
services. We shall not be liable for any consequential loss including
without limitation any loss caused by interruption of your business,
loss of electronic information or physical damage to property and
whether directly or indirectly caused by any breach of contract or by
negligence by us or by any servant or agent of ours.
All personal information collected by Rivington Designs will be used in
Rivington Designs shall not be responsible for any breach of these
Terms and Conditions caused by circumstances beyond its control.
All disputes arising out of this agreement shall be subject to the
exclusive jurisdiction of the courts of England and Wales.
DESIGNS SOFTWARE LICENCE
The following licence agreement applies to purchasers (and exchangers)
of Rivington Designs products in England, Scotland, Wales, or Ireland.
RIVINGTON DESIGNS SOFTWARE LICENCE AND LIMITED WARRANTY THIS LEGAL
DOCUMENT IS AN AGREEMENT BETWEEN YOU, THE END USER, AND RIVINGTON
DESIGNS LTD. BY USING THIS SOFTWARE, YOU ARE AGREEING TO BE BOUND BY
THE TERMS OF THIS AGREEMENT, WHICH INCLUDES THE SOFTWARE LICENCE,
LIMITED WARRANTY AND ACKNOWLEDGMENT.
In order to preserve and protect its rights under applicable laws,
Rivington Designs grants the right to use Rivington Designs SOFTWARE by
means of a SOFTWARE LICENCE. Rivington Designs does not sell any rights
in Rivington Designs SOFTWARE. Rivington Designs specifically retains
title to all Rivington Designs computer software.
RIVINGTON DESIGNS SOFTWARE LICENCE
1. GRANT OF LICENCE. In consideration of payment of the LICENCE fee
which is part of the price you paid for this product, and your
agreement to abide by the terms and conditions of this Licence and the
Limited Warranty, Rivington Designs, as Licensor, grants to you, the
LICENSEE, a non-exclusive right to use and display this copy of a
Rivington Designs software package (hereinafter called the "SOFTWARE")
on a single computer (ie with a single CPU) at a single location so
long as you comply with the terms of this Licence. If you plan to
operate the software on a network, please contact Rivington Designs Ltd
to request a site licence. Rivington Designs reserves all rights not
expressly granted to LICENSEE.
2. OWNERSHIP OF SOFTWARE. As the LICENSEE, you own the magnetic or
other physical media on which the SOFTWARE is originally or
subsequently recorded or fixed, but an express condition of this
Licence is that Rivington Designs retains title and ownership of
the SOFTWARE recorded on the original disk copy(ies) and all subsequent
copies of the SOFTWARE, regardless of the form or media in or on which
the original and other copies may exist. This Licence is not a sale of
the original SOFTWARE or any copy.
3. COPY RESTRICTIONS. This SOFTWARE and the accompanying written
materials are the subject of copyright. Unauthorised copying of the
SOFTWARE, including SOFTWARE which has been modified, merged, or
included with other software, or of the written materials is expressly
forbidden. You may be held legally responsible for any copyright
infringement which is caused or encouraged by your failure to abide by
the terms of this Licence.
Subject to the restrictions above, and if the SOFTWARE is not
copy-protected, you may make one (1) copy of the SOFTWARE solely for
backup purposes. You must reproduce and include the copyright notice on
the backup copy.
4. USE Restrictions. As the LICENSEE, you may physically transfer the
SOFTWARE from one computer to another provided that the SOFTWARE is
used on only one computer at a time. You may not electronically
transfer the SOFTWARE from one computer to another over a network. You
may not distribute copies of the SOFTWARE or accompanying written
materials to others. You may not modify, adapt, translate, reverse
engineer, decompile, disassemble, or create derivative works based on
the SOFTWARE. You may not modify, adapt, translate or create derivative
works based on the written materials without the prior written consent
of Rivington Designs.
5. INTERNET USE: You may use the bitmap images provided with this
software as illustrations in world wide web pages you may choose to
publish on the Internet, an Intranet or any similar system PROVIDED
THAT 1. they are used to support or amplify text and/or
artistic content designed by or for the licencee 2. the purpose of such
web content is not the distribution of Rivington Designs copyright
material 3. that Rivington Designs ownership of copyright is
acknowledged. Distribution and or publication of the vector file images
that form part of this software on the internet or any similar system
is expressly forbidden
6. TRANSFER RESTRICTIONS. This SOFTWARE is licensed only to you, the
LICENSEE, and may not be transferred to anyone without the prior
written consent of Rivington Designs. Any authorised transferee of the
SOFTWARE shall be bound by the terms and conditions of this Licence and
Limited Warranty. In no event may you transfer, assign, rent, lease,
sell or otherwise dispose of the SOFTWARE on a temporary or permanent
basis except as expressly provided herein.
7. TERMINATION. This Licence is effective until terminated. This
Licence will terminate automatically without notice from Rivington
Designs if you fail to comply with any provision of
this Licence. Upon termination you shall destroy the written materials
and all copies of the SOFTWARE, including modified copies, if any.
8. UPDATE POLICY. Rivington Designs creates from time to time updated
versions of the SOFTWARE. At its option, Rivington Designs will make
such updates available to LICENSEE and transferees who have paid the
9. MISCELLANEOUS. This Licence shall be governed and construed In
accordance with the laws of England and shall benefit Rivington Designs
Ltd, its successors and assigns.
LIMITED WARRANTY AND DISCLAIMER OF WARRANTY
THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS (INCLUDING INSTRUCTIONS
FOR USE) ARE PROVIDED "AS IS" WITHOUT WARRANTY OF
ANY KIND. FURTHER, RIVINGTON DESIGNS DOES NOT WARRANT, GUARANTEE
OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF
USE, OF THE SOFTWARE OR WRITTEN MATERIALS IN TERMS OF
CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE.
THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE
IS ASSUMED BY YOU. IF THE SOFTWARE OR WRITTEN MATERIALS ARE
DEFECTIVE YOU, AND NOT RIVINGTON DESIGNS OR ITS DEALERS,
DISTRIBUTORS, AGENTS, OR EMPLOYEES, ASSUME THE ENTIRE COST OF ALL
NECESSARY SERVICING, REPAIR, OR CORRECTION. THE ABOVE IS THE ONLY
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT
NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE, THAT IS MADE BY RIVINGTON
DESIGNS ON THIS RIVINGTON DESIGNS PRODUCT. NO ORAL OR WRITTEN
INFORMATION OR ADVICE GIVEN BY RIVINGTON DESIGNS ITS DEALERS,
DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN
ANY WAY INCREASE THE SCOPE OF THIS WARRANTY AND YOU MAY NOT RELY
ON SUCH INFORMATION ADVICE. YOU MAY HAVE OTHER RIGHTS WHICH VARY
FROM COUNTRY TO COUNTRY. NEITHER RIVINGTON DESIGNS NOR ANYONE ELSE
WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF
THIS PRODUCT SHALL BE LIABLE FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS
OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS
INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY
TO USE SUCH PRODUCT EVEN IF RIVINGTON DESIGNS HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
This Limited Warranty shall be governed and construed in
accordance with the laws of England.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENCE AND LIMITED
WARRANTY, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEIR TERMS
AND CONDITIONS. YOU ALSO AGREE THAT THE LICENCE AND LIMITED
WARRANTY ARE THE COMPLETE AND EXCLUSIVE STATEMENT OF AGREEMENT
BETWEEN THE PARTIES AND SUPERSEDE ALL PROPOSALS OR PRIOR
AGREEMENTS, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN
THE PARTIES RELATING TO THE SUBJECT MATTER OF THE LICENCE OR THE