Terms and Conditions for the supply of The Cutting Edge

  1. Application of these Terms
    1. These terms shall apply to all supply of the software known as The Cutting Edge or any part or demonstration version of the same, including the medium on which it is stored or recorded (the Software) whether by licence, sale, or otherwise between Cutting Edge Software Limited of St John's House, 54 St John's Square, London, EC1V 4JL, UK  (us, we, Cutting Edge, the Seller) and any purchaser or taker of the Software (you, the Purchaser). Any act of accessing or downloading the Software via the website at www.cuttingedge.uk.com (or any it’s subdomains) shall indicate acceptance of these terms.
    2. The medium on which the Software is provided to you (if any) is sold to you, but the Software itself remains our property. To make use of the Software you will also have to agree to the licence terms communicated to you before or upon installation of the Software. These terms shall apply in conjunction and together with such licence terms.
  2. The contract between us
    1. We must receive payment of the whole of the price (if any) for the Software that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form. Our acceptance of your order brings into existence a legally binding contract between us.
  3. Price
    1. The prices payable for Software that you order and the acceptable methods of payment are as set out in our website. The prices includes delivery by first class post to addresses in the United Kingdom.
    2. The additional cost of VAT is indicated on our website when ordering.
  4. Right for you to cancel your contract

    1. You may cancel your contract with us for the Software you order at any time up to the end of the thirtieth day from the date you receive the ordered Software. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.

    2. We reserve the right to reject your cancellation of the contract if you have taken the Software out of the sealed package in which it was delivered to you and we have reason to believe that you have retained a copy of the Software in any form.
    3. To cancel your contract you must notify us in writing.
    4. If you have received the Software before you cancel your contract then you must send the Software back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the Software for delivery you must not unpack the Software when it is received by you and you must send the Software back to us at our contact address at your own cost and risk as soon as possible.
    5. By requesting the cancellation of any contract you are representing that you have not retained or distributed any originals or copies of the Software in any form, including electronic copies.
    6. Once you have notified us that you are cancelling your contract, any sum debited to us from your credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the Software is returned by you and received by us in the condition it was in when delivered to you. If you do not return the Software delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the Software from the amount to be re-credited to you.
  5. Cancellation by us
    1. We reserve the right to cancel the contract between us if:
      1. we have insufficient stock to deliver the Software you have ordered;
      2. we do not deliver to your area; or
      3. any of the Software you ordered was listed at an incorrect price due to a typographical error
    2. If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
  6. Delivery of Software to you
    1. Where delivery of a physical copy of the Software is indicated on the website, we will deliver the Software to the address you give us for delivery at the time you make your order.
    2. Delivery will be made as soon as reasonably possible after your order is accepted and in any event within 30 days of your order.
    3. You will become the owner of the medium on which the Software you have ordered is recorded when it has been delivered to you. Purchase, supply or delivery of the Software to you shall not operate to transfer or assign any intellectual property rights in the Software to you, including any copyright, patents, design rights, trademarks or any other rights of a similar nature worldwide. Once the Software has been delivered to you it will be held at your own risk and we will not be liable for it’s loss, corruption or destruction.
  7. Support
    1. We may, as part of the supply of Software to you, also offer you a period of advice and support in using the Software. The applicability, duration and nature of such support shall be as set out on our website at the time of the your order.
  8. Liability
    1. If the Software we deliver is not what you ordered or is damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 10 working days of the delivery of the Software in question.
    2. If you do not receive Software ordered by you within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 40 days of the date on which you ordered the Software.
    3. If you notify a problem to us under this condition, our only obligation will be, at your option:
      1. to make good any shortage or non-delivery;
      2. to replace or repair any Software that is damaged or defective; or
      3. to refund to you the amount paid by you for the Software in question in whatever way we choose.
    4. We warrant that the Software supplied will at the time of delivery correspond to the description given on the website. Except where the Buyer is dealing as a consumer (as defined in the Unfair Contract Terms Act 1977 Section 12 as amended and/or the Unfair Terms in Consumer Contracts Regulations 1999 Regulation 3(1)) all other warranties, conditions or terms relating to fitness for purpose, quality or condition of the Software, whether express or implied by statute or common law or otherwise are excluded to the fullest extent permitted by law.
    5. Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the Software in question under clause 8.3.3 above.
    6. Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
  9. Notices
    1. Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address of St John's House, 54 St John's Square, London, EC1V 4JL, UK and all notices from us to you may be either sent to you at the billing address given by you in your order or displayed on our website from to time.
  10. Events beyond our control
    1. We shall have no liability to you for any failure to deliver Software you have ordered or any delay in doing so or for any damage or defect to Software delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
  11. General
    1. If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
    2. You acknowledge and agree to be bound by the terms of our privacy policy.
    3. Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
    4. The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.
    5. These terms and conditions, together with our current website prices, delivery details, contact details, privacy policy, support details and software licence terms set out the whole of our agreement relating to the supply of the Software to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any Software offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.