Announcing Cradle-7.3 - start your free trial here

Terms and Conditions

 

Last Updated: 07th November 2014

These are the terms and conditions of supply for any Products (as defined below) purchased through the website at http://www.threesl.com/ (our "Website").  Please read them carefully because they form a legal agreement between you and us in relation to your purchase of any Products or Services via our Website.

1. Who We Are

We are Structured Software Systems Limited, a limited company registered in England and Wales under company registration number 2153654 with our registered office address at Suite 2, 22a Duke Street, Barrow-in-Furness, Cumbria, LA14 1HH ("we", or "us", or "our"). Our VAT number is GB 473275728.

Please see our Contact section for more information.

2. What These Terms Are About

These Terms apply to any purchases of Products via our Website.  By placing an Order (see how to do this below) or by clicking to accept these terms on our Website you agree to these Terms.  If you do not agree to them you should not place any Orders through our Website.

The most current version of these Terms is dated above but we may change them from time to time without giving you notice, so you must read these Terms every time you place an Order through our Website. The Terms published on our Website at the time you place your Order will apply to your Order unless we notify you of a change to these Terms before we have accepted your Order or we are obliged to make a change to these Terms, for example, as a result of changes to the law.

3. What Some Words In These Terms Mean

In these Terms we use certain words to add clarity. Where you see one of the words below in these Terms, it has the meaning set out below.

  • "Acceptance" means an Electronic Communication from us accepting your Order and "accepted" will be interpreted in the same way.
  • "Consumer" means a person acting for purposes which are outside his or her business.
  • "Contract" means the binding legal contract between you and us for the licensing of Software as set out in section 4 below.
  • "Electronic Communication" means an electronic communication between you and us by fax or e-mail.
  • "Order" means your contractual offer to buy Products from us by placing an order through our Website.
  • "Products" means our Software.
  • "Terms" means these standard terms and conditions for our supply of Products.
  • "3SL Store" means the shop on our Website.
  • "Software" means our licensed software products as set out in the 3SL Store from time to time.
  • "Specific Terms" means terms which apply specifically to the Products (such as those in a software licence), and which are separate from these Terms.

4. Buying Products/Services Through Our Website ‐ 3SL Store

About You

Our Website allows you to buy Product. As you might expect, the Products on our Website are not intended for everyone and we rely on you to check you are eligible to buy the Products and that the Products meet your specific needs before you place any Orders. By placing an Order through our Website, you are representing that:

  • you are legally capable of entering into binding contracts;
  • you are at least 18 years old;
  • if you are an individual placing an Order on behalf of a business or an organisation, you are authorised to place the Order on their behalf.

How To Buy Products

The steps you need to take to enter into a contract with us are:

(a) Check variable information, such as prices

We will display on our Website certain variable information which you will need to know before you place your Order, such as the range and descriptions of Products and their current prices. This information may also be available outside of our Website, for example, in printed documentation or supplied over the telephone by our sales staff.

Please note that this variable information is known as an "invitation to treat" and not a contractual offer from us which you may accept. This means that we reserve the right to correct any errors in that information without any liability to you. You understand that sometimes errors can occur and so we will not be contractually bound to supply you with Products on the basis of incorrect information, even if that information is repeated in your Order. Please see section 6 for more information about prices and how to pay.

(b) Make sure you read and understand our terms

These Terms, our Terms of Use and Privacy Policy along with any Specific Terms that are available on our Website, apply to your use of our Website and to any Orders you place via our Website. Please ensure you read these documents carefully so you understand what you are agreeing to before you use our Website and/or place your Order. If you have any concerns, you should contact us and we will do everything we can to help. Please note these Terms will take priority over and exclude any other terms and conditions you try to impose.

Please note that 3SL Store is intended for businesses and Consumers. If you accept the documents referred to above on behalf of a corporate buyer and you are not authorised to do so, you may assume personal liability for the obligations set out in those documents.

(c) Complete your Order

Please select the Products you wish to buy, tell us how you wish to pay and give us any other information we request to enable us to fulfil your Order. We can only act on the information you provide to us, so please ensure that all information you provide to us is correct.

You may pay for your Products online by credit or debit. The credit and debit cards we accept are set out on our Website. If you choose to pay by credit or debit card, we will charge it when you place your Order (see below) and we will check to see whether the transaction is authorised. Our payment card processor may contact you to confirm that your payment has been authorised; this is not an acceptance of your Order (see below).

When you have completed your Order, you will be shown a copy of your Order on screen. You must check your Order carefully to identify any errors and correct them prior to placing your Order. Our Website allows you to cancel any draft Orders, and to edit any details of your Order. Once you have finished checking and (if necessary) correcting your Order, please print out a copy of the Order before you place it. This is for your own records and will help you if you need to contact us about your Order.

(d) Place your Order

You may place your Order by clicking on the "Submit Order" button.

We will acknowledge receipt of your Order on our Website and by e-mail, as soon as reasonably possible after you have placed your Order. This is not our Acceptance of your Order, but a confirmation that we have received your Order. You now need to wait for our Acceptance of your Order (see below).

(e) Wait for our Acceptance of your Order

After you place your Order through our Website we'll send you an e-mail to confirm your Order. This e-mail is an acknowledgement of receipt of your Order. We are only able to accept your Order once your debit/credit card payment has been authorised by your card provider, when we will also confirm the details (including price) in our receipt. This is our Acceptance of your Order.

You may receive an acknowledgement from our payment processor advising you whether or not your credit or debit card payment has been authorised. This acknowledgement relates to authorisation of your payment only and is not our Acceptance of your Order.

Please note that we are entitled to refuse to accept any Order. If that happens, we will let you know as soon as we can.

5. Other Things You Need To Know About The Contract

We can only conclude a Contract with you in English and not in any other language.

The Contract between us will consist of (1) these Terms (including our Privacy Policy); (2) any Specific Terms (if relevant); (3) your Order; and (4) our Acceptance (which is only given in exchange for your payment of the price (see section 6 below)). There will only be a Contract if all these elements are present. If there is any conflict between these Terms and some of the other documents which form part of the Contract, they will apply in the following order of priority:

  • Specific Terms
  • These Terms
  • Terms of Use

The Products we supply to you will be subject to any restrictions set out on our Website or in the Contract.

We will not file the concluded Contract between us online, so you should print out and keep copies of each element of the Contract for your own records. A copy of any Specific Terms will be made available to you with the relevant Product.

6. The Price Of The Products And How To Pay

The price of the Products will be as set out on our Website from time to time, except in the case of error. All prices are calculated in English pounds sterling (or any other currency we agree to accept) and will be confirmed to you in our Acceptance of your Order.

The prices on our Website are exclusive of VAT (where applicable). Your Order will show VAT costs (where applicable) both as a separate item and as included in the total price.

Subject to our obligation to supply the Products at the price stated in a Contract, we reserve the right at any time to increase the prices of the Products and to change the range of Products available. We will try to give you as much notice as we can of changes to the range and any increase in prices.

Our Website contains a small number of Products and it is always possible that, despite our best efforts, some of the Products listed on our Website may be incorrectly priced. We will normally verify prices as part of our Acceptance procedure so that, where a Product's correct price is less than our stated price, we will charge the lower amount when accepting your Order. If a Product's correct price is higher than the price stated on our Website, we will normally either contact you for instruction, or reject your Order and notify you of our rejection. We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you our Acceptance, if the pricing error is obvious and unmistakable and could have been reasonably recognised by you as a mispricing.

7. Returns And Cancellations

We want you to be completely satisfied with the Products you order from our Website.  If you need to speak to us about your Order, then please contact customer care on 01229-838867, or by e-mail at customer-care@threesl.com or write to us at our address (see section 1 above).  You may not cancel an Order that we have accepted or cancel the contract.

Your Rights To Cancel

By accepting these Terms and Conditions you are voluntarily waiving your right to cancel this Contract within 14 days. If you wish to retain your right to cancel please download the 14 day Evaluation version of your chosen Software from: Logging in to http://www.threesl.com/downloads/software.php.

Our Rights To Cancel

We may cancel your Order and any Contract if you:

Are either not able or not authorised to enter into a Contract with us (see section 4 above).

8. Handover Of Responsibility For And Ownership Of The Products

Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products. If the Products consist of intellectual property, like software (see below), we only transfer ownership of the disk or other media which the software or other intellectual property is recorded on. We do not transfer ownership of the software or other intellectual property itself.

Intellectual property rights are, in summary, the rights an owner has to say how certain things like music, films and software may be used. You acknowledge that we (or our licensors, as applicable) own the copyright and any other intellectual property rights in the Products. You may only use the Products in accordance with the Contract and you are not granted any other right or licence in relation to the intellectual property rights in the Products.

9. What Happens If Things Don't Go As Planned?

If there are any Specific Terms for the Products, those Specific Terms may set out what happens if things don't go as planned and, if they do, the Specific Terms will take priority over these Terms. If not, this section 9 will apply.

We will always try to ensure that our Products meet the standards we have promised and that you can use them in your business. However, because of the range of Products we provide, sometimes things may go wrong. If we are at fault, we will always try to resolve any problems.

However, you understand that we cannot always envisage or avoid all problems and, apart from as set out above, we will not be liable under or in relation to the Contract or its subject matter for any other liability, loss or damage (whether arising due to negligence, breach of contract, misrepresentation, or for any other reason excluding fraudulent misrepresentation (in the unlikely event that this should happen)). This means, for example, that we are not liable for:

  • any inaccuracies, errors or omissions in information on our Website;
  • any loss or damage arising from the use of your credit or debit card on our Website;
  • any delay in providing or failing to supply the Products or Services;
  • any loss of profits; loss of business; loss of anticipated savings; loss of sales or turnover; loss of, or damage to reputation; loss of contract; loss of customers; loss of use of any software or data; loss of use of any computer or other equipment or plant, wasted management or other staff time, (in each case whether direct or indirect) or any indirect, consequential loss or damage.

Except as set out in any Specific Terms, we exclude all representations and warranties, express or implied, in relation to the Products to the fullest extent permitted by law.

You and we agree that should any sentence or paragraph which limits liability contained in the Contract be held to be invalid under any applicable legislation or rule of law, it will be deemed deleted, but if as a result of it being deleted we become liable for loss or damage which would otherwise have been excluded or limited, our liability will be subject to the other applicable limitations and provisions set out in these Terms.

10. Confidential Information

Please be aware that, with the exception of credit card numbers and the information we specifically request of you to enable us to enter into a Contract with you, we do not wish to receive any information of a confidential or proprietary nature from you through our Website. Any such information you to send to us will be deemed by us not to be confidential in nature and you will have granted us an irrevocable licence to use, display, modify, transmit or distribute such information in any manner we decide. To learn more about how we deal with personal information, such as names and addresses, see our Privacy Policy.

11. Events Outside Our Control

Sometimes things happen that are outside our reasonable control, for example, acts of God, adverse weather conditions, strikes and industrial action and failure of our suppliers. Because these things are outside our reasonable control, we will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by such events. Our performance under any Contract will be suspended for the period of time that the event occurs and we will have an extension of time for performance for the duration of that period of time. We will, of course, try to find a solution to help us to perform the Contract wherever possible.

12. General

These Terms and any document expressly referred to in them constitute the whole agreement between you and us and supersede any prior agreement, understanding or arrangement between you and us, relating to the subject matter of any Contract. You and us acknowledge that, in entering into a Contract, neither you or us relies on any statement, representation, undertaking or promise of any person ("Representation"), except as expressly stated in these Terms. Both you and us agree that the only rights and remedies available to you and us arising out of or in connection with any Representation, will be for breach of contract as provided in these Terms, although this does not limit or exclude any liability for fraud.

Any notice which is given under these Terms or a Contract will be given either by Electronic Communication (which, if the notice is given by us, includes by posting notices on our Website), or if by you, by pre-paid recorded delivery, addressed to us at the address in these Terms (see section 1 above) and, if by us, by first class post addressed to you at the address on your Order. Legal proceedings must be served by first class post or pre-paid recorded delivery only and, if to us, addressed to our Legal Team.

Any Electronic Communication, including your Order, our acknowledgement of receipt of your Order and our Acceptance will be deemed to be received when the party to whom the Electronic Communication is addressed is able to access it.

If a court or other competent authority rules that any of these Terms or the provisions of a Contract are void or unenforceable in whole or part, the other Terms or provisions of the Contract and the remainder of the void or unenforceable Term or provision of the Contract will still be valid.

If we fail to exercise or delay in exercising a right or remedy provided by these Terms or by the Contract or by law that does not mean we give up those or any other rights or remedies. We reserve the right to exercise those rights or remedies in the future.

Any Contract is binding on you and us and on our respective successors or assigns. You may not transfer a Contract, or any of your rights or obligations arising under it, to any other person without our prior written consent. We may transfer a Contract, or any of our rights or obligations arising under it, to any other person at any time during the term of the Contract.

We may perform any of our obligations or exercise any of our rights ourselves or through any third party provider.

A person who is not a party to these Terms or a Contract will have no right in relation to them under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

If you are a Consumer, your statutory rights are not affected by these Terms or the terms of a Contract.

These Terms and any Contract will be governed by and construed in all respects in accordance with English law. We and you agree that the English courts will have exclusive jurisdiction to settle any claims or proceedings relating to these Terms and any Contract or its subject matter.