Terms & Conditions

We make every effort to ensure that all the details provided on our website (including prices and specifications) are accurate. However, from time to time prices of products do change or may be incorrectly published. In such cases we will endeavour to honour published details, however this may not always be possible (due to our low mark-ups).

Prices and specifications are subject to change without notice. Some prices are for a limited period only.

Prices published are for information purposes only and do not constitute an offer of sale or service, merely an invitation to treat.

Full Terms and Conditions of Trade

1. Definitions

1.1 The "Buyer" means the Account Applicant or person who buys or agrees to buy Goods from the Seller.

1.2 The "Seller" means Image Software (the trading name of Darren Windsor, conducting business from 19 Chiswell Road, Poole, Dorset, BH17 9FB).

1.3 "Conditions" means the Conditions of Sale set out in this document and any special conditions agreed in writing by the Seller.

1.4 The "Contract" is the contract of sale between the Seller and the Buyer, whether this be oral, written or otherwise.

1.5 The "Goods" are the goods specified in the Contract.

1.6 A "Consumer" is a 'natural person' acting for purposes that our outside his or her business.

2. Conditions

2.1 These "Terms and Conditions" do not affect your statutory rights.

2.2 All contracts of sale made by the Seller shall be deemed to incorporate these terms and conditions which shall prevail over any other document or communication from the Buyer.

2.3 If any amendments to these terms and conditions are required it is essential that they be confirmed in writing.

2.4 Except with a signed declaration, placement of an order shall be deemed conclusive evidence of the Buyers acceptance of these Conditions.

3. Prices

3.1 The Price shall be that on the Seller's current list price, web site, or if applicable the price contained in the Seller's Quotation.

3.2 Should a product's price change between receipt of order and dispatch the buyer will be notified and given the opportunity to cancel the order and receive a full refund.

3.3 All Prices are exclusive of VAT and charges for packing, postage and carriage which shall be paid in addition where applicable.

3.4 Except under accepted credit arrangement, in the case of all sales, payment must be made in full before dispatch of any Goods.

3.5 Where credit is given, payment is due in full not more than 30 days from the date of invoice. Time for payment shall be of the essence and any failure to pay shall entitle the Seller at its option to treat the Contract as repudiated by the Buyer.

3.6 The Seller reserves the right to charge the Buyer interest, administration charges and/or legal costs for the recovery of monies owed on any and all invoices past 30 days due.

3.7 If any act or proceedings shall be commenced in which the Buyer's solvency is concerned, all monies under any transaction covered by these Conditions shall become immediately due and payable.

4. Warranty and Liability

4.1 The Seller's liability is limited at all times to the replacement or repair of the goods or the refund of the full purchase price of the goods, at the discretion of the Seller, if they are found to be faulty within twelve months of purchase.

5. Delivery

5.1 Products supplied within the mainland UK, and which are held in stock will normally be delivered on the next working day for all orders received before 3pm.

5.2 Where a specific delivery date has been agreed, and if this delivery date cannot be met the Buyer will be given the option to agree a new delivery date or cancel the order and receive a full refund, providing the goods have yet to be dispatched.

5.3 Whilst every reasonable effort shall be made to keep any delivery date, time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any other person or Company arising directly or indirectly out of any failure to meet any estimated delivery date.

5.4 Delivery of the Goods shall be made to the address specified by the Buyer and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.

5.5 Goods on a standard delivery service are tendered for delivery between 8:30am and 5:30pm.

6. Ownership and Risk

6.1 The risk in Goods shall pass to the Buyer upon delivery of the Goods or upon the Goods being appropriated to the Buyer but kept at the Seller's premises at the Buyer's request.

6.2 The Buyer shall mark the courier's delivery sheet as "DAMAGED" if the outer packaging of the goods are ripped, squashed or in any other way damaged and inform the Seller within a reasonable time that this is the case.

6.3 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller within a reasonable time of delivery if the Goods are damaged or do not comply with any of the Contract.

6.4 Any Goods in respect of which any claim of defect, damage or non-compliance is made shall be preserved by the Buyer intact together with the original packing at the Buyer's risk and either

a) retained by the Buyer for a reasonable period to enable the Seller or its agent to inspect or Collect the Goods or

b) at the Seller's option, returned by the Buyer to the Seller who will refund the cost of postage and packing to the Buyer if the Goods are in fact defective or do not comply with the Contract.

7. Cancellation and Returns

7.1 Goods are not supplied by the Seller on a trial or 'sale-or-return' basis and the burden is on the Buyer to ensure that all goods are ordered correctly as the Seller makes no warranty or guarantee as to the specific performance or compatibility of the Goods.

7.2 Where the Buyer is a Consumer, the Buyer (to the extent of the Consumer Protection (Distance Selling) Regulations 2000, as may be amended) has the right to cancel the Contract within 7 working days of receiving the Goods. The Buyer must :

a) send a notice of cancellation in writing to the Buyer,

b) return the goods to the Buyer in a saleable condition,

c) within a reasonable time,

d) and cover the cost of the return carriage.

7.3 Under exceptional circumstances (where the buyer is not a Consumer) the Seller may agree to the return of stock ordered in error however this is entirely at the discretion of the Seller and will only be considered on unopened goods which are normally held in stock.

7.4 If it is agreed that Goods are to be returned :-

a) a Goods Return number obtained from the Seller must be clearly shown on the returned parcels.

b) the Buyer will be liable for the cost of remedying any damage to the Goods returned where such damage has, in the opinion of the Seller, been caused by the Goods being inadequately packaged by the Buyer or through the Buyer's fault.

c) the Seller reserves the right to make a handling charge of £50 + costs (including but not limited to carriage costs) on Goods which are returned in error, which are not defective, or where the Goods were thought by the Buyer not to comply with the Contract but do in fact comply with it.

d) the Seller reserves the right to charge costs (including but not limited to carriage costs and a restocking fee) for goods returned under section 7.3.

7.5 Software returned under clause 7 must be returned with the seal unbroken. If the software is delivered electronically we will fax you a Proof of Destruction form. Once this form is signed & returned and meets our returns criteria, your account will be credited / refunded accordingly.

8. Force Majeure

In the event that the Seller is prevented from carrying out its obligations under the Contract as a result of any cause beyond its control such as but not limited to Acts of God, War, Strikes, Lock-outs, Flood and Failure of third parties to deliver goods, the Seller shall be relieved of its obligations and liabilities under such Contract for as long as such fulfillment is prevented.

9. No Waiver

9.1 The Seller's failure to insist upon strict performance of any provision of these Conditions shall not be deemed to be a waiver of its rights or remedies in respect of any present or future default of the Buyer in performance or compliance with any of these conditions.

10. Liability

10.1 In the event of any breach of these Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential damage.

11. Complaints

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

11.2 All complaints will be dealt with in a fair and confidential manner.

12. Misc

12.1 Any contracts shall in all respects be construed and operate as an English contract and in conformity with English law.

12.2 If any part of these terms and conditions that is not fundamental is found to be illegal or unenforceable, such finding will not affect the validity or enforceability of the remainder of these terms and conditions.