Terms and Conditions
1. Application of the Conditions
1.1. Scope. These general terms and conditions (the “Conditions”) apply to all purchases of products or services (the “Products”) sold through this web site (the “Site”), by us, the seller, zebNet Ltd, a Private Limited Company incorporated in England, registered at Company House under company number 06640001, with registered office at 49 Station Road, Polegate, East Sussex, BN26 6EA, England, (references to “us, “we”, or “our” being construed accordingly) to you, the purchaser (references to “you” or “your” being construed accordingly).
1.2. ACCEPTANCE. BY PLACING AN ORDER ON THE SITE YOU AGREE TO ABIDE TO THESE CONDITIONS.
1.3. Legal Capacity. You represent that you have legal capacity to enter into a contract.
1.4. Change in Conditions. We may revise and modify the Conditions from time to time without prior notice. The Conditions that apply to your purchase are the one we publish on the Site at the time of your order and which at that time you can print or save on your computer.
2. Language of Contract
2.1. Different Language. The contract is concluded in English. Other versions are provided for your convenience but we are not binding by these translations.
2.2. Selection of Language. By selecting a language you certify to fully understand the Conditions and all other information displayed on the Site in the chosen language. If you are not sure to fully understand the information displayed on the Site or these Conditions, do not order any Product from us.
3. Products, Offer, Acknowledgment and Acceptance
3.1. Product Descriptions. Product descriptions are presented on the Site and can be consulted before your order. Photographs and pictures have no contractual value.
3.2. No Offer. Any prices, quotations and descriptions made or referred to on the Site do not constitute an offer by us but an invitation for you to offer. We may withdraw or revised them at any time prior to our express acceptance of your order.
3.3. Choice of Products. The choice of Products, after having studied their features, is made under your sole responsibility and liability according to your needs such as you previously determined them before any order. You are the only person having complete knowledge of equipment, software and configurations that you use and are thus sole judge of the compatibility of the Products ordered with those you use. When you valid your order, you are deemed to have accepted the prices, volumes, quantities and features of the Products ordered.
3.4. Acknowledgement. Prior to our acceptance of your order, an automatic email acknowledgement of your order is generated and sent to you. The purpose of this acknowledgement is giving you the chance to confirm your order details or to correct type errors. Please note that any such acknowledgement does not constitute a formal acceptance of your order.
3.5. Acceptance. An order submitted by you constitutes an offer by you to us to purchase Products under these Conditions. Your order is subject to our subsequent acceptance; therefore, the contract is formed at our acceptance of your order. Our acceptance takes effects when we dispatch your order after its checking: availability and payment of the Products ordered.
3.6. Previous Dispute. We reserve the right to decline any order from a customer with whom there would be a dispute with respect to the payment of a previous order.
3.7. Errors. Whilst we make every effort to ensure that the prices and Product descriptions indicated on our Site are accurate, we cannot guarantee the correctness of all information. We reserve the right to notify you of any error relating to a Product prior to dispatch of your order. In such event, we convey to you the correct information so you can either (a) confirm your order under the corrected terms or (b) cancel it. If you confirm your order, you acknowledge that the Product is provided in accordance with such corrected terms.
3.8. Archives - Access. After validation of your order, we may keep, during a fair period, records of orders received, acknowledgements, acceptances and other contracts records. We may potentially be able to provide you with copies on written request. However, you shall print or save a copy of all such documents and these Conditions for your own records.
3.9. Exclusion of Countries. We do not accept orders from Africa, the Middle East, or former Eastern Bloc countries due to the high incidence of fraud. We will also not ship (physically or digitally) to these countries for orders placed outside these countries. Other countries may also be excluded. We also use techniques to prevent the placement of orders from those countries and will cancel every order placed in or for an excluded country, no exceptions.
4. Price and Payment Terms
4.1. Prices. Prices of Products are exclusive of sales taxes or any of the appropriate purchase taxes and exclusive of shipping and carriage charges. Such taxes and charges are invoiced, if necessary, once you’ve specified the necessary information, in addition to the price of the Products bought. Promotional prices are only available individually and can't be used in conjunction with another offer.
4.2. Prices modification. We may modify the prices at any time and without notice. The prices payable for Products are those in effect at the time of our acceptance of your order.
4.3. Currency. For your convenience and by default, all prices are published in British Pounds on the UK pages. However, you can choose to purchase our Products in various other currencies at the prices posted on the Site and subsequently be invoiced in the currency you’ve chosen.
4.4. Payment. You shall pay your order prior to delivery and by such methods as are indicated on the Site (and not by any other methods, unless we agree otherwise).
4.5. Security. On the Site, credit card transactions are secured and your credit card number is encrypted. We use the 128 bytes SSL encryption standard (Secure Socket Layer), currently the most reliable standard on the Internet.
4.6. Retention of Title. Title to Products shall not pass from us to you until payment has been made in full.
4.7. Chargebacks. The customer will be charged for any and all fees incurred due to customer-initiated chargebacks. In addition, a processing fee of £35.00 will be charged to the customer for unjustified credit card and/or other chargebacks.
5.1. Download Procedure. As soon as your payment is processed, you receive an email providing a link that gives you the access to the download space.
6.1. Availability. The technical support for the Products vary according to the Products and the countries, as detailed in Product Description pages on the Sites. We may modify these conditions at any time and without notice. The applicable conditions are those in effect at the time of sale. Technical support may be provided by either our services or our associated companies.
7. Statutory Cancellation Right
7.1. Consumer Cancellation Right. As a consumer, you have the right, pursuant to the Distant Selling Regulations 2000, to cancel your order for any reason without statement of reasons during the period of fourteen (14) days after the day on which the Products are delivered or the services being provided commence (“Cancellation Period”). Such right does not apply (a) to Products downloads which by reason of their nature cannot be returned and (b) to software that you have unsealed from the packaging.
7.2. Exercise of Cancellation Right. To exercise your right of cancellation, you must send during the Cancellation Period a written notice of cancellation to our Customer Service (see contact section). You should keep sufficient evidence of having given us the cancellation notice. Your notice must state the following information: customer information (first name, last name, address, email address, phone number) and order reference.
7.3. Refunds. If you exercise your statutory right of cancellation, we refund you any sum paid in connection with your cancelled order as soon as possible and in any case within a period of thirty (30) days beginning with the day on which the notice of cancellation was given.
8. Data Protection
8.1. Collection of Data. We collect personally identifiable information to the extent reasonably necessary to serve our legitimate business purposes, and we use and will maintain appropriate safeguards to ensure security, integrity and privacy of the information you have provided. In addition we take reasonable steps to ensure that third parties to whom we transfer any data provide sufficient protection of that personal information. We collect two types of data: information necessary to the delivery of Products to you (you’re your name, address and email information (“Customer Information”) and information necessary to the payment process of your Products (e.g. your name, banking and credit or banking card information (“Payment Information”).
8.2. Disclosure of data to other parties. As explained in Section 4.7, Payment Information are encrypted and held on secured servers by our provider in charge of the payment process.
8.3. Use of data. Payment Information is used only by our providers to the extent necessary to process your payment. Customer Information is used to inform you about the latest changes to the Site and Products or Services that you may find of interest.
9. Software Programs
9.1. Licensing Terms. When we supply Products which are or include software programs (the “Software“), the Software is licensed by the relevant licensor. Its use is subject to the end-user license agreement or other licensing terms included with the Software. Under no circumstances, delivery or download of Software, means transfer of any ownership interest in the Software.
9.2. Copyright. Such Software may not be copied, adapted, translated, made available, distributed, varied, modified, disassembled, decompiled, reverse engineered or combined with any other software, save to the extent that this is permitted in the licensing terms or applicable law expressly mandates such a right.
10. High Risk Activities
Customer acknowledges that the Products, Software, Deliverables and Services are not designed or intended for use in hazardous environments requiring fail safe performance, including without limitation, in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, weapons systems, life support machines, or any other application in which the failure of the Products, Software, Deliverables or Services could lead directly to death, personal injury, or severe physical or property damage (“High Risk Activities”). zebNet expressly disclaims any express or implied warranty of fitness for High Risk Activities.
11.1. Consumer Law. The Conditions cannot restrict or exclude of our liability or of a manufacturer’s towards you, when an applicable law in your country forbids such contractual restriction or exclusion. The Conditions does not affect the rights you have under an imperative legislation concerning the protection of consumers.
11.2. Assignment. You are not entitled to assign or delegate your rights under these Conditions to third parties.
11.3. Severability. If a competent Court determines any provision of these Conditions to be invalid, unlawful or unenforceable, it will be declared void or invalid but such decision will not affect the validity or unenforceability of the remaining provisions.
11.4. Entire Agreement. These Conditions constitutes the entire agreement between you and us with respect to their subject matter and supersede all prior communications or agreements, both oral and written, between us and you.
11.5. Waiver. No term or provision of these Conditions will be considered waived by us and no breach excused by us, unless such waiver or consent is in writing signed. The waiver by us of, or consent by us to, a breach of any provision of this Agreement by you, does not operate or cannot be construed as a waiver of, consent to, or excuse of any other or subsequent breach by you.
11.6. Headings. The section headings are for convenience of reference only and in no way affect the interpretation of these Conditions.
11.7. Rights of Third Parties. Save as expressly provided, these Conditions are not intended to confer any benefit on a third party under the provision of the Contracts Act 1999 (Right of Third Parties). Any rights not expressly granted herein are expressly reserved to us.
11.9. Jurisdiction. The Conditions are construed and governed by English law without reference to its conflict of laws principles. The courts of England have exclusive jurisdiction in relation to any claim, dispute or other matters arising from these Conditions or the supply of Products by us.