Rivington
Designs
Ltd

PO Box 171, Bolton
England BL7 9BF
Tel: 01204 308032

 


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Terms and Conditions

 



DEFINITIONS
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

GENERAL
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) act 1998. 

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 bank. 

VARIATION
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.

While is 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 Delivery.

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.

RETURNS
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.

TITLE
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.

WARRANTY
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 us. 

LIABILITY
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.

DATA PROTECTION
All personal information collected by Rivington Designs will be used in accordance with the Rivington Designs privacy policy.

FORCE MAJEURE
Rivington Designs shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its control.

GOVERNING LAW
All disputes arising out of this agreement shall be subject to the exclusive jurisdiction of the courts of England and Wales. 


THE RIVINGTON 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 update fee.

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.

ACKNOWLEDGEMENT

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
LIMITED WARRANTY.



TRADEMARKS
Windows and Microsoft Word are a registered trademarks of the Microsoft Corporation.
WordPefect is a registered trademark of Corel Inc
Ami Pro and Freelance are registered trademarks of Lotus Corporation.
All trademarks included in this document are acknowledged.
Printed in England. E&OE. 
Copyright Rivington Designs Ltd 1994-2016 All rights reserved.
Rivington Designs Limited is registered in England, Number 2957228.
Registered office 10 Bolton St, Ramsbottom, Lancs. BL0 9HX.
All mail must be sent to PO Box 171, Bolton BL7 9BF.