Terms and Conditions for Online Sales

1. Introduction and Scope

1.1 The terms and conditions set out below (the 'Terms') are those on which we supply any of the products ("Products") listed on the Site.

You should print a copy of the Terms for future reference.

The Terms are in addition to our Terms and Conditions for Website Membership and our Privacy Policy which you should also read before deciding whether to make a purchase online via the Site. By making an online purchase via the Site, you are deemed to have agreed to all these documents.

2. INFORMATION ABOUT US

2.1 This website at www.robustdetails.com ("the Site") is owned and operated by Robust Details Limited ("RDL"), which is a private limited liability company incorporated under English law (company number 04980223), and the address of whose registered office and place of business is Davy Avenue, Knowlhill, Milton Keynes MK5 8NB, United Kingdom.

2.2 Our VAT number is 833 206455.

2.3 References in the Terms to "we", "us" and "our" are references to RDL.

3. YOUR STATUS

3.1 By placing an order to purchase any Product via the Site ("Order"), you warrant that:

you are legally capable of entering into binding contracts;
you are at least 18 years old; and
you are a Member.

4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

4.1 After placing an Order, you will receive an e-mail from us acknowledging that we have received your Order. This email does not mean that your Order has been accepted. Your Order constitutes an offer to us to buy one or more Products. All Orders are subject to acceptance by us, and in the event of acceptance we will notify the same to you ("Notification"):-

(in the case of Licences) by sending you an e-mail providing you with the Licence Key; and
(in the case of other Products) by dispatching the Product to you.

4.2 The contract between us ("Contract") will only be formed when we send you the Notification.

4.3 The Contract will relate only to those Product(s) that are the subject of a Notification. We will not be obliged to supply any other Product(s) which may have been part of your Order until the supply of such Product(s) has been confirmed in a separate Notification.

5. OUR STATUS

5.1 The Site may contain links to other websites that we believe will or may be of interest to you. You acknowledge that we are not responsible for and have no control over the content or material of such websites, the operators of which do not necessarily have any association with us. You also acknowledge that we expressly disclaim all guarantees, conditions, warranties, representations and other terms that might otherwise be implied by legislation, common law or the law of equity with respect to any products and/or services that you purchase from third party sellers through such other websites. This disclaimer does not affect your statutory rights (if any) against any third party seller.

6. CONSUMER RIGHTS AND OBLIGATIONS

6.1 If you are Contracting as a consumer, you may cancel a Contract at any time within 7 (seven) Working Days, beginning on the day after you received the Product(s) covered by the Contract. In this case, you will receive a full refund of the price paid for the said Product(s) in accordance with our refunds policy set out in Clause 10.

6.2 To cancel a Contract, you must inform us in writing. You must also return the Product(s) covered by the Contract to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the said Product(s) while it or they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.

6.3 Details of this statutory right, and an explanation of how to exercise it, are provided in the Notification (where applicable). This provision does not affect your statutory rights.

7 DELIVERY

7.1 Any Order accepted by us will (subject to Force Majeure) be fulfilled by the delivery date set out in the Notification (where applicable) or, if no delivery date is specified, then within 5 working days after the date of your Order, unless there are exceptional circumstances.

8. RISK AND TITLE

8.1 Each Product that constitutes goods will be at your risk from the time of its delivery.

8.2 Ownership of each Product that constitutes goods will only pass to you when the Processor receives full payment of all sums due in respect of it including any delivery charges.

9. PRICE AND PAYMENT

9.1 The price of any Product will be as quoted on the Site from time to time, except in cases of obvious error.

9.2 Each said price includes VAT but excludes delivery costs, which will be added to the total amount due as set out in our Delivery Guide.

9.3 Prices are liable to change at any time, but changes will not affect Orders in respect of which we have already sent you a Notification.

9.4 The Site lists various Products and it is always possible that, despite our best efforts ,some of the Products listed on the Site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you or otherwise provide a refund of the difference afterwards. If a Product's correct price is higher than the price stated on the Site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.

9.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Notification, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.

9.6 Online payments for the Products are made via a third party payment handler ("the Processor"). Your payment is not made directly to us. Online payments are subject to the terms and conditions of the Processor. We are not responsible for the processing of online payments.

10. OUR REFUNDS POLICY

10.1If you return a Product (other than a Licence) to us:

because you have cancelled the Contract relating to the Product within the period referred to in Clause 6.1, we will process the refund due to you as soon as possible and, in any case, within 30 (thirty) days after the day on which you gave to us notice of your cancellation. In this case, we will refund the price of the Product in full, including the cost of sending it to you. However, you will be responsible for the cost of returning it to us;
for any other reason (for instance, because you have notified us in accordance with Clause 23.2 that you do not agree to any change in the Terms, or because you claim that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 (thirty) days after the day on which we confirmed to you via e-mail that you were entitled to a refund for the defective Product. The price of Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending it to you and the cost incurred by you in returning it to us.

10.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

11. LIMITATION OF LIABILITY

PLEASE READ THIS CLAUSE CAREFULLY

11.1 This Clause 11 sets out our entire financial liability (including any liability for the acts or omissions of our employees, agents and sub-contractors) to you in respect of the following:

any breach of the Terms or of any Contract;
any use made by you of any Product; and
any representation, statement or tortious act or omission (including negligence and breach of statutory duty) arising under or in connection with the Terms or any Contract.

11.2 Notwithstanding anything to the contrary herein, nothing in the Terms limits or excludes our liability to you:-

for death or personal injury caused by our negligence; or
for any loss or damage incurred by you as a result of fraud or fraudulent misrepresentation by us; or
for any other matter that cannot be limited or excluded by applicable law.

11.3 Subject to Clause 11.2, all warranties, representations, guarantees, conditions and other terms, whether implied by legislation, common law or equity, are, to the fullest extent permitted by applicable law, disclaimed and excluded by us from the Terms.

11.4 Subject to Clause 11.2, our entire liability in respect of any claim against us by you arising under or in relation to the Terms and/or any Contract shall in no event exceed an amount equal to the purchase price of the Product(s) to which the said claim relates.

11.5 Subject to Clause 11.2 we hereby disclaim and exclude all liability (whether in tort (including negligence), contract, equity or otherwise) for any indirect, consequential, secondary or special loss or damage whatsoever and howsoever incurred (whether or not foreseeable, and even if such loss or damage results from a deliberate breach by us of the Terms and/or any Contract), including but not limited to:

loss of income or revenue;
loss of business or business opportunity
loss of profits or contracts;
loss of anticipated savings;
loss of data;
loss of goodwill or injury to reputation;
waste of management or office time;

11.6 Provided that this Clause 11 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of Clause 11.4 or any other claims for direct financial loss that are not excluded by any part of Clause 11.5.

11.7 We shall have no liability to you hereunder to the extent that we are prevented from or delayed in performing any of our obligations hereunder by Force Majeure. For the purposes of the Terms "Force Majeure" shall mean acts, events, omissions or accidents beyond our reasonable control, including strikes, lock-outs or other industrial disputes (whether involving our workforce or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, terrorism, malicious damage, compliance with any legal requirement, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors.

12. LICENCES

12.1 For the purposes of the Terms:-

a "Licence" means online access purchased by you to a Product or Products;
a "Licence Key" means a unique number provided to you by us in the Notification that you will need to enter into the appropriate field in your membership account area of the Site in order to gain access to the Product; and
"Username" and "Password" mean the username and password respectively that Members must create pursuant to the Terms and Conditions for Website Membership.

12.2 We may issue a single Licence Key which covers more than one user if you buy several single-user Licences and/or one or more multi-user Licences on the same Order. You will then be responsible for distributing the Licence Key to your selected users. All users must register as Members of the Site in order to use the Licence Key that you have passed on. The number of different users to whom the Site will allow (for any given Licence Key) access to the Product will equal the total number of users purchased.

12.3 Each Licence Key is valid only for the period described in the applicable Product description (commencing from the date of purchase), and shall expire thereafter.

12.4 Once allocated to a Member, a Licence Key is not transferable. In the case of multi-user Licence Keys, once all of the individual parts of the Licence have been allocated (e.g. a 10-user Licence Key has been allocated to ten Members), the Licence Key may not be allocated to another Member, nor may any of the individual parts of the Licence be transferred.
12.5 During the period of your Licence you may access the Product on a non-exclusive basis in object code form for the purpose of processing your data for your normal business purposes. For the purpose of this clause "use" means loading the Product into temporary memory or permanent storage, provided that installation on a network server for distribution to other computers is not "use".

12.6 Save as may be permitted by applicable law, you shall have no right to copy, adapt, reverse-engineer, de-compile, disassemble or modify any Product that is the subject of a Licence.

13. LICENCE KEYS

13.1 You are responsible for the security and confidentiality of your Licence Key, Username and Password. None of these details may be disclosed by you to any third party not authorised by us. Where Licence Keys are purchased for multi-users, it is your responsibility to ensure that the Licence Keys are only given to the Members whom you authorise.

13.2 You are responsible for all uses of your account, Licence Key, Username and/or Password whether authorised by you or not. You agree to inform us, by e-mail to administration@robustdetails.com, of any unauthorised use of your account, Licence Key, Username or Password as soon as you discover any such misuse or potential misuse.

13.3 Where we discover misuse or abuse of a Licence Key, we reserve the right to suspend its use whilst investigations are made. The Licence Key may then be reinstated or withdrawn at our discretion.

14. PRODUCT UPDATES

14.1 We will update the Products accessed via Licence Keys when necessary in our opinion, and place the updated version of the Product on the Site for Licence holders to access. Superseded versions of the Product will be removed but archived pages may be made available in a separate location on the Site.

15. INTELLECTUAL PROPERTY

15.1 As between you and us we own all property rights (including Intellectual Property rights) throughout the world in all Products, Licence Keys, Usernames and Passwords.

15.2 For the purposes of the Terms "Intellectual Property" means all intellectual property rights of whatever nature throughout the world (including patents, patentable rights, copyright, moral rights, performers' rights, get-up, design rights, utility models, rights in domain names, trade marks (whether or not any of the above are registered), trade names, rights in inventions, rights in data, database rights, rights in know-how and confidential information and all other intellectual and industrial property and similar or analogous rights existing under the laws of any country and all pending applications for and right to apply for or register the same (present, future and contingent and including all renewals, extensions, revivals and all accrued rights of action)).

16. IMPORT DUTY

16.1 If you order Products from the Site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. As between you and us, you will be exclusively responsible for payment of any such import duties and taxes.

16.2 You must comply with all applicable laws and regulations of the country for which the said Products are destined.

17. WRITTEN COMMUNICATIONS

17.1 Applicable laws require that some of the information or communications that we send to you should be in writing. When using the Site, you accept that communication with us will be mainly electronic. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all Contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

18. NOTICES

18.1 All notices, orders, claims, demands or other forms of communication required or entitled to be given by you to us (or vice versa) under or in connection with the Terms or any Contract (together "notices") shall be given in writing in the English language.

18.2Notices shall be served by pre-paid first-class post or by electronic mail.

18.3Notices shall be deemed to have been received:

18.4if sent by pre-paid first-class post, :

On the 3rd (third) Working Day after the day of posting;

18.5 if sent by electronic mail:

if transmitted between 0900 and 1700 hours on a Working Day, on completion of receipt by the sender of verification of the transmission from the receiving instrument; or
if transmitted at any other time, at 0900 on the 1st (first) Working Day following the completion of receipt by the sender of verification of the transmission from the receiving instrument.

18.6 For the purpose of the service of notices:-

our postal address is as specified in Clause 2.1, and our email address is administration@robustdetails.com; and
your postal address and email address are as specified by you in your Membership registration or as subsequently notified by you to us.

18.7 For the purposes of the Terms a "Working Day" means any day other than: a Saturday or a Sunday or a public holiday in England.

19. TRANSFER OF RIGHTS AND OBLIGATIONS

19.1 Each Contract between you and us is binding on you and us and on our respective successors and assigns.

19.2 You may not transfer, assign, charge, sub-license or otherwise dispose of a Contract, or any of your rights or obligations arising under it or any Term, without our prior written consent.

19.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it or any Term, at any time during its term.

20. WAIVER

20.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under it or any Term, or if we fail to exercise any of the rights or remedies to which we are entitled thereunder, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

20.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.

20.3 No waiver by us of any Term shall be effective unless it is expressly stated to be a waiver and is notified to you.

21. SEVERABILITY

21.1 If any Term or any provision of a Contract is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such Term or provision will to that extent be severed from the remaining Terms and provisions which will continue to be valid to the fullest extent permitted by applicable law.

22. ENTIRE AGREEMENT

22.1 The Terms constitute the whole agreement between us, and supersede any previous arrangement, understanding or agreement between us, relating to the subject matter of any Contract.

22.2 We each acknowledge that, in entering into a Contract, neither of us relies on any statement, representation, assurance or warranty ("Representation") of any person (whether a party to that Contract or not) other than as expressly set out in the Terms.

22.3 Each of us agrees that the only rights and remedies available to us arising out of or in connection with a Representation shall be for breach of contract as provided in the Terms.

22.4Nothing in this clause shall limit or exclude any liability for fraud.

23. OUR RIGHT TO VARY THE TERMS

23.1 We have the right unilaterally to revise and amend the Terms from time to time, for example, to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.

23.2 You will be subject to the Terms in force at the time of your Order unless any change to the Terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to the Terms before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the Terms, unless you notify us to the contrary within 7 (seven) Working Days after receipt by you of the Products).

24. THIRD PARTIES

24.1 No Term is intended to confer any right of enforcement on any third party, and the Contracts (Rights of Third Parties) Act 1999 shall not apply to any Term or any Contract.

25. LAW AND JURISDICTION

25.1 The Terms and each Contract shall be governed by and construed in accordance with the laws of England and Wales, and all disputes arising in connection with them shall be submitted to the exclusive jurisdiction of the English courts, save that we retain the right to bring proceedings against you for breach of any Term or Contract in your country of residence or any other relevant country.

Delivery Guide

1. INTRODUCTION AND SCOPE

1.1 This delivery guide applies to orders for physical goods, made online via the Robust Details Website. It relates to delivery addresses within the United Kingdom only. For delivery addresses outside the UK, please contact us for a quotation; postage charged for these locations will be at cost. We regret that orders of physical goods for overseas destinations cannot currently be ordered online.

1.2 When buying physical goods, the contract is between you and RDL but we may use a third party to collate and deliver the goods.

2. DELIVERY CHARGES

2.1 Postage and packing are charged at the rate of 10% of the net order value plus VAT. Postage and packing will be free of charge for digital products and services delivered electronically and for all other orders of £200 net of VAT or more. This pricing arrangement applies to delivery addresses within the United Kingdom. Delivery charges to addresses outside the United Kingdom are available upon request.

3.DELIVERY NOTIFICATION

3.1 Once your order has been placed on our website, we will send an automated email order confirmation/invoice to the email address registered by the purchaser. Normally, no further notifications or communications regarding your order will be made. However, we will of course contact you in the event of a query or problem regarding your order.

4.PROCESSING OF ORDERS

4.1 Orders received before 15.30 on weekdays are normally dispatched the same day, with delivery expected within two further working days.

4.2 If an item is out of stock, we will notify you as soon as possible.

5.RECEIPT OF DELIVERIES

5.1 Deliveries will be made to the delivery address given at the time of order.

5.2 All orders require a signature upon delivery, by an appropriately authorized person. Undelivered goods will not be left unattended or delivered to alterative addresses.

5.3 If nobody is present to accept delivery, the carriers will leave a contact card. The card will state the procedure for delivery re-scheduling.

5.4 If after checking your order, you find that it has been unacceptably damaged in transit, please call us immediately on 0870 240 8210 to report it. If an item is damaged please return it within 7 days of delivery and notify us by e-mail that you are returning it. You will be offered a full refund for the price of the item, delivery cost and your postage costs to return it to us.

6.RETURNS

6.1 Returns are not normally accepted owing to the nature of the products. However, in exceptional circumstances, please contact us and we may agree to refund you on a discretionary basis.