Terms and Conditions

INTRODUCTION

The following are terms and conditions for use of this web site and the sale of goods that will govern any contract for sale that you enter into with Xensis. Please read these terms and conditions carefully. You may have other rights granted by law and these Terms and Conditions do not affect these. These Terms and Conditions do not affect your statutory rights as a consumer.

Xensis Ltd ('Xensis') is a company registered in England under number 4071052. The company's registered office is 9 Dee Road, Mickle Trafford, Chester, CH2 4DL, UK. VAT Registration Number 764 8170 07. Full contact details click here.

THIS SITE

JURISDICTION
This site is controlled and operated from England and the terms and conditions of this site and any dispute about them shall be subject to the application of English Law at all times. In the event that a dispute arises out of or relating to these terms and conditions or the use or access to this site, such dispute shall be brought exclusively in the Courts of England.

SOFTWARE LICENSING
See Software Licence Agreement. To prevent piracy, Xensis software products are registration code protected.

BEING A XENSIS CUSTOMER

TRADING HOURS AND RESPONSE TIMES
Xensis' office hours are 9.00am to 5.00pm UK time and the office is open every day of the year other than weekends and United Kingdom public holidays. All orders and quotations received are acknowledged by email. Customer emails received by us will be responded to within 24 office hours of receipt unless due to circumstances beyond our control (e.g. ISP failure).

SITE SALES VISITS
In order to offer such competitive prices, Xensis do not normally make site sales visits, however, for UK customers planning to purchase 5 or more licences, site visits can be arranged.  Prospective customers are always welcome to attend demonstrations at the Xensis offices in Cheshire.  Conference calls can be arranged to address questions arising at any stage of the evaluation process (i.e. initial questions and/or questions arising from using the tutorial in conjunction with the 30-day evaluation system).

ORDERING GOODS
You can place an order by fax, post or email. Click here for an order form. By submitting your order by any of the above methods you are irrevocably offering to buy the goods and allowing us to use your personal details for the purposes of supplying the goods concerned (including passing your details onto couriers and other subcontractors for the purpose of fulfilling your order).

We are not obliged to supply the goods to you until we have confirmed acceptance of your order and this is when the contract is made. We do this by email. You do not own the goods until we receive payment in full. If you discover you have made a mistake with your order please contact us immediately.
Please note that Xensis products are shipped on CD including electronic documentation - no paper documentation is supplied.

PAYMENT

HOW YOU CAN PAY
You can pay for your order by:

- cheque made out to "Xensis Ltd".
- bank transfer (account details on request).
- invoice.

CREDIT TERMS FOR INVOICING
Payment is due 30 days after the date of our invoice. It is our practice and right to charge interest for late payment calculated daily at 4% above The Royal Bank of Scotland base rate.

PRICING
We try to keep our prices as simple to understand as possible. However, you should bear in mind that prices are always subject to change. The Xensis web presence is our definitive price list and is kept fully up to date. Prices shown in our print advertising are submitted some weeks prior to publication and therefore subject to change. For up to the minute pricing either contact us direct or inspect our web site.

Delivery is free.

RETURNS
Please do not send goods back to us without an authorised returns number.

DAMAGED GOODS
You should inspect your order when you receive it for defects or any damage. If you find a defect or any damage you must contact us as soon as possible and no later than within 8 working days of receipt of the relevant product(s). We will then issue you with an authorised returns number and arrange for the relevant product's return to Xensis at no cost to you. Do not send goods back to us without an authorised returns number. If the goods are found to be damaged prior to delivery to you, or defective in any way ( unless such defect or damage is caused by you), we will at Xensis' discretion replace the goods or refund the price paid by you.

EXCHANGES
If you wish to exchange goods that you have purchased from Xensis then you must contact us as soon as possible and no later than within 8 working days of receipt of the relevant product(s). We will then issue you with an authorised returns number at Xensis' discretion. You must arrange to send the product(s) back to us at your expense and you must ensure that they are unused, undamaged and in exactly the same state that you received them in. To prevent incidence of software piracy, opened products will not be exchanged. Upon receipt of the unopened goods in original condition you will be credited with the value that you paid for them less a handling charge of £50.

CANCELLATION
If you are a consumer you have the right, in addition to your other rights, to cancel your contract with Xensis and receive a refund. You must contact us and inform us in writing of your desire to cancel your contract within 7 working days of receipt of the relevant product(s). You must return the goods to us at your cost and we advise you to ensure the goods are adequately insured during any return journey.

COMPLAINTS
If you have a complaint about our service or any goods or services you purchase from Xensis then please contact us immediately. You will be contacted as soon as possible and definitely within 24 hours of our hearing from you and aim to provide a resolution within 5 working days.

SHIPPING AND COURIER CHARGES
Our priority is to get your software to you as quickly as possible but we will not be liable to you for late delivery as we are dependent on our suppliers and shippers. We always ship your goods by express overnight courier. Delivery charges are specified as a line item on your order. If you place your order before 4.00pm goods will be shipped the same day, otherwise it will be the day following order. If we are unable to deliver your goods within the specified time for whatever reason we will contact you to arrange an alternative time for delivery. You may cancel your order if you wish.

PRIVACY
We only collect information about you that you that you provide us with during the ordering or registration process. We collect this information to enable us to process you orders in an efficient manner and to provide a high quality service to you. Xensis agrees not to pass your personal data on to any third parties save for the purposes of supplying the goods concerned which may include passing your details to suppliers, couriers and other sub-contractors for the sole purpose of fulfilling your orders. In the event that Xensis consider it necessary to contact you by e-mail, post or telephone in relation to any business related matter you consent that we may do so. In case of any query about your privacy when using our site please contact our webmaster (webmaster@xensis.com).

DISCLAIMER
We do not warrant that any products sold to you will meet your requirements or that their operation will be uninterrupted or error free. We exclude and hereby expressly disclaim all express and implied warranties or conditions unless they are clearly stated on this site as being contractually binding on us and so far as such exclusion or disclaimer is permitted by law.

THIS DISCLAIMER DOES NOT AFFECT YOUR STATUTORY RIGHTS.

LIABILITY
Our liability to you for any losses and costs shall not exceed the amount you originally paid us for the products in respect of which your claim relates. In no event will we be liable to you for any indirect or consequential damages even if we have been advised of the possibility of such damages. In particular without limiting the generality of the foregoing we accept no liability for any programs or data made or stored with the products obtained from us nor for the costs of recovering or replacing such programs or data.

Nothing in this statement limits our liability to you in the event of death or personal injury resulting from our negligence. Nothing in this statement limits our liability arising from a breach of the Sale of Goods Act 1979.