Linguatots Conditions of Sale

1. General

   Any order for Products is deemed to be an offer by the Customer to purchase Products pursuant to these terms and conditions.
   
   The "Customer" means the person who buys or agreed to buy the Products from Linguatots. "Products" means the goods or services supplied by Linguatots to the Customer.
   
   The contract between Linguatots and the Customer in respect of the Products comes into existence when the Customer's order has been accepted by Linguatots in accordance with the terms and conditions herein.
   
   
   
   No contract will subsist between the Customer and Linguatots for the sale of any product unless and until Linguatots accepts the Customer's order by e-mail, confirming that the order has been dispatched, or Linguatots issues a Dispatch Note/Invoice to the Customer.
   
   Any such contract will be interpreted, construed and enforced in all respects in accordance with the laws of Scotland, and the Customer and Linguatots irrevocably submit to the non-exclusive jurisdication of the Scottish Courts.
   
   

2. Product Suitability

   Linguatots does not warrant that the Products are of any particular quality, fitness of purpose, suitability, or confirm to any particular specification, other than these conditions. Any warranty, condition or liability implied by law are expressly excluded to the extent permitted by law.
   
   Linguatots cannot guarantee to personally inspect the contents of all third party Products prior to dispatch.
   
   

3. Price

   All price lists, catalogues, advertising matter or similar materials issued by Linguatots are indicative only as to the price and range of products available from time to time.
   
   The "Price" referred to within these Terms and Conditions of Sales is the price quoted by Linguatots at the time of the Customer placing the order and excludes delivery changes. The Price quoted to the Customer will include Value Added Tax at the appropriate rate for sale to the United Kingdom market. A total price including surcharges and VAT will be issued on completion of the Customer placing the order.
   
   Linguatots reserves the right to amend quoted prices and delivery charges at any time prior to delivery.
   
   

4. Payment

   The Customer shall pay the Price and any other sums due in respect of the Products prior to despatch, except in the case of Educational Establishments, which can provide Linguatots with a valid purchase order reference.
   
   

5. Delivery

   Delivery times are estimates only and time shall not be of the essence of the contract.
   
   Linguatots may deliver the Products in one or more consignments unless otherwise expressly agreed.
   
   Delivery shall be deemed to take place when the Products arrive at the Customer's premises, at which point all risk in the Products shall pass to the Customer or its appointed agent.
   
   A definition of the Linguatots Delivery and Returns Policy is provided separately.
   
   

6. Title

   In spite of delivery having been made, title in the Products shall not pass to the Customer until the Customer has paid all sums due to Linguatots. Prior to the title to the Products passing to the Customer, the Customer shall hold the Products as fiduciary agent to Linguatots and shall keep the Products separate from any other goods properly stored, protected and insured and clearly identified and shall bear the costs thereof.
   
   

7. Returns

   The Customer shall inspect the Products immediately on delivery and shall notify Linguatots of any damaged goods, defects or discrepancies within 7 days of delivery. The Customer shall be deemed to have accepted the Products if the Customer has removed the Products from their wrapping.
   
   Any physically damaged, discrepancy or unopened Products must be returned to Linguatots within 28 days of delivery. In circumstances where the Product manufacturer's Terms and Conditions are more rigorous than those of Linguatots the Customer must, as Linguatots will be obliged to, comply with those requirements.
   
   A definition of the Linguatots Delivery and Returns Policy is provided separately.
   
   

8. Limitation of Liability

   Except in respect of death or personal injury caused by Linguatots' negligence, Linguatots' liability whether in contract tort or otherwise in respect of any defect in the Products or for any breach of the Agreement or of any duty owed to the Customer in connection herewith shall be limited in the aggregate to the price of the Products in question.
   
   

9. Proprietary Rights

   The Products are sold subject to the rights of any person whether in respect of any patent, trademark, registered design, copyright, confidential disclosure or otherwise to prevent or restrict the sale or use of the Products in any part of the world and the Customer will in this respect accept such title to the Products as Linguatots may have.
   
   The Customer hereby acknowledges their sole responsibility to comply with all terms and conditions of any licence attaching to Third Party Software supplied and delivered by Linguatots. "Third Party Software" means all software owned by or licensed to the Customer by third parties and which comprised part or all of the Products.
   
   The Customer hereby acknowledges that failure to comply with such terms and conditions may result in the Customer being refused a software licence or having the same revoked by the proprietary owner. The Customer hereby further agrees to indemnify Linguatots in respect of all costs, charges or expenses incurred by Linguatots as a result of any breach by the Customer of such conditions.
   
   

10. Export Limitation

    Certain Products supplied by Linguatots may have been purchased from the United States of America under certain agreements which restrict or forbid subsequent re-exportation from the United Kingdom. The Customer will not export any Products supplied by Linguatots without first obtaining all appropriate approval from relevant authorities.
    
    

11. Waiver

    The failure of Linguatots to enforce or to exercise at any time or for any period of time any right arising pursuant to this Agreement does not constitute and shall not be construed as a waiver of such term or right.
    
    

12. Force Majeure

    Neither party shall be liable for any default due to any act of God, war, strike, lock-out industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party.
    
    

13. Notices

    Any notice given under or pursuant to the contract may be sent by hand or by post or by registered post or by recorded delivery or transmitted by facsimile or other means of telecommunication resulting in the receipt of a written communication in permanent form and if so sent or transmitted to the address of the party shown on the face hereof or such other address as the party may by notice to the other have substituted therefore shall be deemed validly and effectively given on the day when the ordinary course of the means of transmission it would first be received by the addressee in normal business hours.