This e-store (website) is operated by Mac Ansys Limited (referred to as “Mac Ansys/we/our/us”). As a user of our e-store and/or listing (pertained to as “you/your”) you concede that any use of this website encompassing any transactions you make (“use/using”) is subject to our terms and conditions below.
Note:
– Read through these terms and conditions carefully before purchasing.
– Print a manuscript for future reference.
– Further, read our Privacy Policy section regarding your personal information.
Definitions
The ‘Seller’ means Mac Ansys Ltd.
The ‘Supply’ means the supply of Products or Services described in the invoice.
The ‘Buyer’ means the person who offers to buy or buys or has agreed to buy the Products or has requested the supply of Services.
The ‘Price’ means the Price of Products or Services and any other charges specified in the invoice.
The ‘Contract’ means the contract on the terms and conditions set out herein between the Seller and the Buyer for the sale and purchase of the Products or the supply of Services.
The ‘Order’ means an offer from the Buyer to buy the Products or Services described in the invoice on the terms and conditions set out herein.
The ‘Products’ means the Products or Services described in the invoice.
The ‘Services’ means only those services which the Seller may be required to Supply under clause 11 and is not to be interpreted as meaning services which the Seller may be required to supply under a separate contract for services.
General
MacAnsys reserves the right to change these terms and conditions at any time. Any such alterations will take effect immediately after posting and it is your responsibility to read the terms and conditions on every occasion you use our e-store and your continued use of this website shall imply your acceptance to be bound by the latest terms and conditions.
If you are not a consumer, you testify that you have authority to bind any business on whose behalf you use this website.
When you use our certain services (including without limitation add-ons and upgrades) please skim the additional information provided with respect to such services as this information will provide you with full details on how to use such services.
Order Placement Procedure
Please visit our help pages for information on how to place an order. All orders that you place on this website will be subject to acceptance by these terms and conditions.
The Seller will be under no liability for any Order received until the Order is accepted by the Seller in writing.
No other agreement, representation, promise, undertaking or understanding of any kind unless expressly confirmed in writing by a director, the company’s secretary or the financial controller of the Seller shall add to, vary or waive any of these terms and conditions. Other employees or agents of the Seller do not have the authority to vary or waive any of these terms and conditions in whole or in part.
The ‘confirmation’ phase sets out the final details of your order. Following this, we will send you an acknowledgement email showing the details of the products you have ordered. Please note that this email is not an order confirmation or order acceptance from Mac Ansys. Such an email is an acknowledgement of your order and does not make up for acceptance.
Endorsement of your order and the culmination of the agreement between you and us will take place on dispatch to you of the products ordered unless we have notified you that we are not to accept your order or you have cancelled it for any reasons (please refer to returns). For Click & Collect orders, completion of the contract between you and us will take place when the products ordered have been collected from the store.
We do not file details of your order for you to subsequently access directly on this website, and therefore, please print out these terms and conditions and the order acknowledgement for your records. If you wish to obtain specific details of your previous orders, please contact us.
Delivery Policy
We make every endeavor to deliver goods within the estimated timeframe; however, delays are occasionally unavoidable due to unpredictable conditions. Mac Ansys shall be under no liability for any delay or failure to deliver the products within the estimated timeframe.
Risk of loss and damage of products passes to you on the date when the products are delivered to you or are left with a person or place nominated by you.
Payment Method
We take payment from your PayPal account at the time we receive your order, once we have checked your PayPal details and stock availability. Goods are subject to availability. If we are unable to deliver the goods, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the goods. Additional Terms and Conditions for payments made by PayPal can be found at www.paypal.co.uk.(Mac Ansys is not responsible for the content of external websites.)
To ensure that your PayPal account is not being used without your consent, we will validate name, address and other personal information provided by you during the order process against appropriate third-party databases. By accepting these terms and conditions you consent to such checks being made. In performing these inspections, personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.
Online price errors. If we discover an error in the price of goods ordered or reserved, we will inform you as soon as possible (e.g., prior to the goods being dispatched or in store prior to the collection of the goods). We will provide you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you choose to cancel and have already paid for the goods you will receive a full refund.
Payment can be made through PayPal. We can accept cash, Bank transfer or cash on collection. We offer a collection in person at our store. In order to collect in person, you must provide the photo ID describing your name and address. PayPal customer may not be able to collect in person as it requires the tracking details.
Title to any products you order on this website shall pass to you on delivery of the products provided that we have processed and received payment in full for the products. For Click & Collect orders, the title to products shall pass to you once the goods have been handed over to you in store.
All prices are shown in £ (pound) sterling. Please note we are VAT registered under Margin scheme. AndVAT may not be reclaimed on our invoices. Any special packing or alteration or installation to the order required by the buyer unless expressly stated otherwise.
Returns, Cancellations and Substitutions
An unwanted product can be returned for a full refund within 14 days of delivery (as shown on a per listing basis) as long as it’s still in its original, unopened packaging. This returns policy for unopened goods is in addition to your statutory rights.
Separately to the 14-day policy above, and in accordance with your rights when you purchase goods online or over the phone, unwanted items can be returned even if you have opened them for inspection as long as you let us know within 14 calendar days from the day after delivery. Once you have told us you want to return an item, you should do so without undue delay and not later than 14 days from the day on which you informed us of your decision to cancel the order. You can examine the goods as you would in a shop but to obtain a full refund you must not start using them, install them or input any data/software. The goods must be returned in ‘as new’ condition and in their original packaging.
Separately to the 14-day policy above, and in accordance with your rights when you purchase goods online or over the phone, unwanted items can be returned even if you have opened them for inspection as long as you let us know within 14 calendar days from the day after delivery. Once you have told us you want to return an item, you should do so without undue delay and not later than 14 days from the day on which you informed us of your decision to cancel the order. You can examine the goods as you would in a shop but to obtain a full refund you must not start using them, install them or input any data/software. The goods must be returned in ‘as new’ condition and in their original packaging.
MacAnsys will cover the cost of returns using Royal Mail. All returns are inspected on arrival.
We reserve the right to issue a partial refund for any items which are not returned in their original condition and/or are used and/or damaged. Full refunds will only be issued on genuine returns.
Deceitful returns will be reported to the police.
Refunds will be issued within 5-7 working days of processing.
Failure by the Buyer to pay by the provisions of this clause shall authorize the Seller, without prejudice to its rights to damages, to suspend any outstanding deliveries or to cancel the contract.
Intellectual Property Rights
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of this website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorized by us or our licensors.
You acknowledge and agree that the material and content contained within this website is made available for your personal non-commercial use only and that you may only download such material and content for the purpose of using this website. You further acknowledge that any other use of the material and content of this website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
Liability and Indemnity
Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law.
Subject to Section 1 above, MacAnsys will use adequate endeavors to verify the accuracy of any information on the site but makes no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website Mac Ansys will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and MacAnsys accepts no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site.
Subject to Section 1 above, other than as expressly provided in these terms and conditions with respect to specific products and except for the exclusive remedies set out at Section 5 above, any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law.
Subject to Section 1 above, MacAnsys will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other demonstrations (other than fraudulent on negligent misrepresentations) or otherwise out of or in connection with the terms and conditions for any:
– economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or
– loss of goodwill or reputation; or
– special or indirect losses
– suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions
Notwithstanding the above, subject to Section 1 MacAnsys aggregate liability (whether in contract, tort or otherwise) for loss or damage shall, in any event, be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same clause.
This clause 7 does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.
We will take all reasonable safeguards to keep the details of your order and payment secure, but, unless we are lax, we cannot be held liable for any losses caused as a result of unauthorized access to information provided by you.
Miscellaneous Provisions
The contract between us shall be governed by the laws of England and any dispute between us will be resolved exclusively in the courts of England. English is the only language offered for the determination of the contract.
MacAnsys shall be under no liability for any delay or failure to deliver products or otherwise enact any responsibility as stipulated in these terms and conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.
To furnish our customers with increased value, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website, we are not responsible for the availability of such outer sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for:
i. the privacy practices of such websites,
ii. the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or
iii. the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in relation with, the use of or reliance on any such advertising, content, commodities, goods or other entities or services available on such external websites or resources.
You may not entrust or sub-contract any of your rights or obligations under these terms and conditions or any related order for products to any third party unless agreed upon in writing by Mac Ansys.
Mac Ansys reserves the right to transfer, assign, novate or sub-contract the advantage of the whole or part of any of its rights or obligations under these terms and conditions or any related contract to any third party.
If any portion of these terms and conditions is held by any qualified authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other areas of these terms and conditions shall not be impacted.
No delay or failure by MacAnsys to exercise any powers, rights or remedies under these terms and conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies intercept any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorized representative of MacAnsys.
Due to the value of our items, machines dispatched from and sold by MacAnsys are automatically registered on CheckMend and the National Mobile Property Register (NMPR) where applicable. MacAnsys also employs a call home security system the first-time machines are booted. This confirms the machine has arrived safely to its destination and helps combat fraud. The information can include the location the machine is first setup and the user account along with its serial number and specifications to match our records. Your purchase inexplicably agrees to this security measure.
All software is provided as is, we cannot be responsible for your use of supplied software. You must take a backup of the system as it arrives to ensure you can restore to the state system is dispatched to you. Failure to do this may result in a charge for us to redeploy the software again on your behalf if required. Software is provided with no warranty or guarantee and subject to no promised free upgrades or updates.
These terms and conditions including the documents or other sources referred to in these terms and conditions supersede all prior representations understandings and agreements between you and MacAnsys relating to the use of this website (including the order of products) and sets forth the entire agreement and understanding between you and MacAnsys for your use of this website.
Applicability of Web Prices
The prices displayed on this website are only applicable to orders placed online.
The Mac Ansys e-store is operated by:
Mac Ansys Limited
121 Essex Road,
Islington
London
N12SN
United Kingdom.
Mac Ansys Limited is a company registered in England.
We recommend you print out a copy of these terms and conditions for future reference.
If you have any questions regarding the MacAnsys online store, please visit the help section for more information and full contact details.
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