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Pocket Memo 9370, Transcription set and Starter Kit software
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Soliton IT Shop Terms and Conditions |
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Terms and Conditions
Conditions of Sale
1.0 Definitions
In these Terms and Conditions the following words shall have attributed to them the meanings specified
1.1 ‘Soliton’ shall mean Soliton IT Limited. whose principal place of business and registered office is at Holly House, Felden Lane, Felden, Hertfordshire, HP3 0BF, UK.
1.2 ‘Customer’ shall mean the person, company or any other body that purchases or agrees to purchase Goods whether a Consumer Trade Customer or Credit Customer.
1.3 ‘Consumer’ shall have the same meaning as attributed by The Consumer Protection (Distance Selling) Regulations 2000 or any statutory modification thereof.
1.4 ‘Trade Customer’ shall mean a Customer who buys Goods for the purpose of a business and not as a Consumer.
1.5 ‘Credit Customer’ shall mean a Trade Customer to whom Soliton allows credit in respect of Goods purchased or agreed to be purchased.
1.6 ‘Goods’ shall mean all goods and services which the Customer agrees to buy from Soliton including replacements for defective Goods, hardware documentation and software products licensed for use by the Customer.
1.7 ‘Contract’ shall mean the Contract between Soliton and the Customer for the sale of Goods by Soliton to the Customer.
1.8 ‘Catalogue’ shall mean any published promotional material produced by Soliton.
1.9 ‘Working Days’ shall mean Monday to Friday inclusive but exclusive of Bank Holidays.
1.10 ‘Customer’s Registered Address’ shall mean the address of the Customer that is already registered with Soliton or the address registered with the issuing company of any debit or credit card which is used as a means of payment for Goods.
Soliton IT Limited Registration Number : 05200268
Soliton IT Limited VAT number : GB 846 3101 45
2 General
2.1 All orders for Goods are accepted by Soliton subject to these terms and conditions of sale which supersede any other terms and conditions previously published. These constitute the entire understanding between Soliton and the Customer for the sale of Goods. Soliton accepts responsibility under these terms and conditions for its commitments to the consumer.
2.2 All descriptions and illustrations contained in the Catalogue or any price list or otherwise communicated to the Customer are correct at the time of publication.
2.21 Goods will be supplied based on any information provided by the customer.
2.3 Any Catalogue published by Soliton is an invitation to treat and not an offer to supply.
2.4 Subject to condition 2.5 any advice or recommendation given by Soliton or its employees or agents to the Customer dealing as a Trade Customer as to the storage, application or use of the Goods is followed or acted upon entirely at the Trade Customers own risk (except in the case of manifest error, gross negligence or contractual misrepresentation by Soliton).
2.5 Condition 2.4 shall not apply to any Customer purchasing Goods as a Consumer.
3 Prices
3.1 All prices for the Goods are in pounds Sterling and subject to Value Added Tax (“VAT”) at the relevant rate ruling on the date of despatch and do not include the cost of carriage, packaging or other charges which becomes payable under any contract with Soliton. Prior to the conclusion of the contract Soliton will inform the customer the total amount to be debited.
3.2 Whilst every endeavour will be made to maintain the prices in the catalogue Soliton reserves the right to alter prices at any time. Prior to the conclusion of the contract Soliton will inform the customer the total amount to be debited.
3.3 Any change in price will be communicated to the customer at the time of ordering. Prior to the conclusion of the contract Soliton will inform the customer the total amount to be debited.
4 Orders
4.1 Where possible orders should be made using Soliton order codes and a Customer number.
4.2 Orders can only be accepted from trade and consumer customers when accompanied by credit or debit card details. Credit orders will be accepted from trade customers only in exceptional circumstances and by prior arrangement with Soliton. Credit accounts are not available to Consumer customers. NHS Customers are required to provide to Soliton an official purchase order to Soliton before the order can be actioned.
4.2 Soliton reserves the right to deliver part orders, or hold orders until all items are available, as required. Credit cards are charged when the order is accepted and confirmed. Under normal circumstances goods will be dispatched within 24 hours. Collection of goods from Soliton offices is not possible. Only one mail order handling charge will be levied (if applicable) in respect of the total order. If any goods are not available within 30 days of the order being placed the customer will be informed and will be offered the option to cancel the order or continue to await delivery.
4.4 If the Customer is buying as a Consumer unwanted Goods may be returned within 14 working days of delivery for an alternative product, credit note or full refund. To return an order, the Customer must contact Soliton within 14 days of the date that the order was delivered. This can be done by telephoning Soliton on the number provided on the order confirmation or shop website, or by email to customerservices@solitonit.com or in writing to the registered address of Soliton. In all cases the invoice number relevant to the goods being returned must be quoted. Soliton will refund in full to the Customer the invoice value of the Goods. The Goods must be returned by royal mail recorded delivery with proof of posting. The Customer must take good care of the unwanted Goods and return them in the original packaging and suitably protected to ensure safe delivery to Soliton.
4.5 When dealing as a Trade Customer authorisation for the return of goods must be obtained from the Soliton. In the event of the Trade Customer cancelling part of an order Soliton reserves the right to charge the Trade Customer for any difference in the selling price applicable to the quantity despatched up to the time of cancellation and the total price of the original order.
4.6 Soliton reserves the right to decline to trade with any person or organisation. In addition, and notwithstanding any other provisions of these conditions of sale, Soliton may decline to accept any order, by giving notice of non-acceptance to the Customer by email, facsimile or telephone within 24 hours (excluding weekends and public holidays) of receipt by Soliton of an order. In the event that Soliton declines to accept an order in respect of which payment has been received, the full amount of such payment will be refunded.
5 Credit Account Orders
5.1 Telephone orders to be charged to a Credit Account held by the NHS or other Trade Customer with Soliton will only be accepted with an official purchase order number.
6 Posting and Packing Charge
Delivery charges are shown on the Soliton shop website. Prior to the conclusion of the contract Soliton will inform the customer the total amount to be debited.
7 Payments
7.1 Payment shall be made by the Customer for all monies owed to Soliton in respect of orders placed for Goods.
7.2 Payment shall be made at the time that the order is placed. Payment may be made by major cash, credit and debit cards as stated on the Soliton shop website. Cheques and Postal Orders must be made payable to “Soliton IT Ltd” and crossed “payee only”.
7.3 Credit terms are available to Trade Customers on request and subject to status, satisfactory references and acceptable trading history with Soliton. Payment is due by the end of the month following the month of despatch without any deductions. Time is of the essence for payment. If the Credit Customer fails to make any payment on the due date, then, without prejudice to any other right or remedy available to Soliton, Soliton shall be entitled to:
i) Cancel the order and suspend further deliveries of Goods.
ii) Appropriate any payments made by the Customer to such of the Goods (or Goods supplied under any other order) as Soliton may think fit.
iii) Charge an administration fee for any legal or other collection processes required to recover all monies due.
iv) Charge interest on the unpaid amount from the due date in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.
8 Ownership and Risk
8.1 The risk of damage to or loss of Goods ordered from Soliton will pass to the Customer when the goods are delivered.
8.2 Conditions 8.3, 8.4, 8.5 and 8.6 shall not apply to any Consumer.
8.3 Until property in the Goods passes to the Customer, the Customer shall hold the Goods and each of them on a fiduciary basis as bailee for Soliton. The Customer shall store the Goods (at no cost to Soliton) separately from all other Goods in its possession and marked in such a way that they are clearly identified as Soliton property. Notwithstanding that the Goods (or any part of them) remain the property of Soliton the Customer may sell or use the Goods in the ordinary course of the Customer’s business at full market value for the account of Soliton. Any such sale or dealing shall be a sale or use of Soliton property by the Customer on the Customer’s own behalf and the Customer shall deal as principal when making such sales or dealings. Until property of the Goods passes from Soliton the entire proceeds of sale or otherwise of the Goods shall be held in trust for Soliton and shall not be
mixed with other money or paid into any overdrawn bank account and shall be at all material times identified as Soliton money. Soliton shall be entitled to recover the price of the Goods (including VAT and all other monies due to Soliton from the Customer) notwithstanding that property in any of the Goods has not passed from Soliton.
8.4 Until such time as the property in the Goods passes from Soliton, the Customer shall upon request deliver up such of the Goods as have not ceased to be in existence or resold to Soliton. If the Customer fails to return Goods, Soliton may apply to enter any premises owned occupied or controlled by the Customer where the Goods are situated and repossess the Goods. On the making of such request to deliver up the rights of the Customer contained in the preceding Condition shall cease.
8.5 The Customer shall not pledge or in any way charge by way of security for any indebtedness any of the Goods that are the property of Soliton. Without prejudice to the other rights of Soliton, if the Customer does so all sums whatever owing by the Customer shall forthwith become due and payable.
8.6 The Trade Customer shall insure and keep insured the Goods to the full value against ‘all risks’ to the reasonable satisfaction of Soliton until the date that property in the Goods passes from Soliton and shall, whenever requested by Soliton, produce a copy of the policy of insurance and evidence of payment of premium. Without prejudice to the other rights of Soliton, if the Customer fails to pay any sums whatever owing by the Customer on the due date, all sums due to Soliton shall forthwith become due and
payable.
9 Delivery
9.1 Delivery charges are published on the Soliton shop website.
9.2 Same day despatch is normally achieved provided the order has been received by Soliton before 3.00 pm during Working Days. Delivery will normally only be made to the Customer’s registered address unless notified to Soliton in writing beforehand.
10 First Class Post
Orders under 1kg may be despatched where reasonably practicable by Royal Mail special delivery or first class post recorded delivery service on the same working day as the order is received by Soliton. Every effort will be made to despatch the goods within 24 hours or the order being received.
11 Courier Delivery
All items over 1kg will be despatched where reasonably practicable the same working day as the order is received by Soliton by courier and normally delivered within three working days.
12 Guaranteed Next Day Delivery
Weekdays before 1pm Soliton offers a guaranteed delivery service. All orders for guaranteed deliveries must be received by 3.00 pm on a working day and will be subject to extra charges. Details of the charges are published on the Soliton shop website.
13 Export
13.1 Export of goods to other countries is not available.
14 Transit Delays and Non-Delivery
14.1 The Customer must inspect the Goods as soon as reasonably practicable after delivery or upon purchase from a store and shall within 14 days of such delivery or receipt give notice to the Customer Service Department of Soliton of any apparent physical or delivery damage in the Goods.
14.2 Queries regarding shortages of Goods must be made within 14 days of delivery date and must be accompanied by the despatch note. Queries regarding Goods invoiced but not delivered must be made to the Customer Service Department of Soliton within 14 days of invoice date and the invoice number must be quoted.
14.3 Soliton shall not be liable to compensate the Trade Customer by way of damages or otherwise for non-delivery or late delivery of the Goods or any of them or for any loss consequential or otherwise arising from non-delivery or late delivery.
14.4 Conditions 14.1 to 14.3 inclusive do not affect the statutory rights of a consumer under the Distance Selling Regulations, Sale of Goods Act 1979 or Sale and Supply of Goods to Consumers Regulations 2002.
15 Order Cancellations
15.1 In the event of cancellation of part of an order by the Trade Customer Soliton reserves the right to invoice for any difference in selling price applicable to the quantity despatched up to the time of cancellation plus a restocking charge. Orders where goods have been specifically ordered for Trade Customer requirements (schedule and non-stock items) cannot be cancelled.
16 Warranty and Returns
16.1 Unwanted goods - For unwanted goods Soliton offers a 14-day return policy. 14 Day Return Policy - To return a product under this policy the Customer should email Soliton at customerservices@solitonit.com . A Returns Number will be issued and this must be clearly identified on a returns label or the external packaging, and internal documentation when the Goods are returned, no markings should be made on the product or product packaging. The internal documentation should include proof of purchase, the returned product must be complete, and in ‘as new’ condition with original packaging. Certain product categories by their nature are exempt from the 14-day return policy; these would include for example software and consumables. Soliton will not accept the return under the 14-day return policy of any Goods that have had a manufacturers or suppliers warranty or registration invoked. Soliton will deem such registration by the Customer as acceptance of the Goods.
Soliton must receive all returns within 7 days of the Returns Number being issued and any Goods received after that period will be dealt with on an individual basis. The Customer must take all reasonable care to ensure that all returned items be suitably packaged, and that the Goods are protected when being returned. The Customer must provide to Soliton proof of despatch to Soliton. In the event of Goods being returned without a previously allocated Return Number the processing of any claim by the Customer is likely to be delayed. Customers whose transactions are covered by the Distance Selling Regulations the 14-day returns policy will commence after the 7-day cooling off period.
16.2 Where unwanted Goods are returned to Soliton after the expiry of the 14-day return period but within a reasonable period of time Soliton reserves the right to levy a handling charge. A charge of 20% of the invoice value of the Goods returned, with a minimum charge of £10 will be levied on Goods which are not defective. The Customer must bear all the costs of returning any unwanted Goods to Soliton and provide proof of delivery.
16.3 Faulty goods under Warranty - Any defects in the Goods which under proper use appear within a reasonable period after delivery and which are due to faulty materials, workmanship or design will be made good by Soliton either by repair or, at the sole discretion of Soliton, by replacement or refund. Any claim for Goods or the defective parts should be returned together with proof of purchase and (if relevant), all complete accessories, instruction manuals and software and, wherever possible, in the original packaging. Any claim for defective Goods or parts must be made in writing (specifying the date of purchase and invoice number) within a reasonable period of time after delivery.
16.4 All warranties and conditions which are capable of being excluded by statute or otherwise are excluded from any contract provided that nothing in the contract shall affect the statutory rights of the Consumer or liability for death or personal injury caused by the negligence of Soliton.
16.5 Warranty seals applied to any Goods supplied by Soliton must not be removed or broken and any product without the warranty seals intact will be deemed to have had any warranty invalidated and the Goods will be deemed to have been accepted by the Customer.
16.6 The warranty period as stated in 16.3 is from the date of purchase If goods are replaced within this warranty period, the warranty will continue from the original date of purchase unless specifically agreed otherwise by Soliton in writing.
16.7 Conditions 16.1 to 16.6 inclusive do not affect the statutory rights of a Consumer under the Consumer Protection (Distance Selling) Regulations 2000 or any statutory modification thereof.
17 General Descriptive Matter
17.1 All descriptions and illustrations contained in the Catalogue or any price list or otherwise communicated to the Customer are correct at the time of publication.
17.2 If the description of any Goods contained in any correspondence, invoice or the current Catalogue varies from that of the manufacturer’s description, then the manufacturer’s description will be deemed to be the correct description and shall take precedence over the description assigned by Soliton. The updated and complete manufacturer’s description is available from Soliton on request before any order is placed.
17.3 In the event of any material change to any description of goods since the date of publication of the last catalogue by Soliton, Soliton will advise the Customer of the revised description prior to any order being accepted by Soliton.
17.4 Soliton reserves the right without prior notice to discontinue any Goods or to make design changes as part of a continuous programme of improvement or to assist availability.
18 Product Performance
The responsibility for ensuring that Goods are sufficient and suitable for the Customer’s requirements rests with the Customer save insofar as Soliton have specifically advised the Customer that the Goods are sufficient and suitable for the Customer’s purposes.
19 Quality Assurance
All mail order Goods detailed in the Catalogue have been processed in strict accordance with Soliton’s quality procedures.
20 Country of Origin
Goods listed in any Soliton Catalogue may originate from a Non-EU source. Any published information by Soliton as to the country of origin of Goods is an indicator only of the source of supply to Soliton and does not constitute a warranty or representation.
21 Copyrights, Patents, Intellectual Property & Information
21.1 Goods referred to in any Soliton Catalogue, correspondence or invoice may be subject to a patent, trade mark, registered design, copyright, topography right or other right of a third party. Soliton owns full copyright in respect of any Catalogue whether published in paper or electronic form. The reproduction, storage in a retrieval system, or transmission, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, in part or in whole, is prohibited without the prior written consent of Soliton. Notwithstanding any other term of these conditions of sale, title in any software program that forms part of the Goods purchased is retained by Soliton and will not pass to the Customer. Such software programs may only be used by the Customer and a revocable non-exclusive licence is hereby granted for the sole use of the Customer (so far as Soliton are able to grant such licence) and any software must not be copied or altered or otherwise modified in any way.
22 Data Protection
22.1 By placing an order with Soliton the Customer agrees to data relating to the transaction being retained and processed by Soliton in accordance with the Data Protection Act 1998 or any statutory modification thereof. The data so retained will be used by Soliton for the purpose of accounting and marketing and will not be disclosed to any third party without the previous consent in writing of the Customer.
22.2 Soliton may send to the Customer details of other Goods and services offered by Soliton that Soliton may consider to be of interest to the Customer. If the Customer does not wish to receive details of these offers then they should contact Soliton in writing or by email to the addresses published on the Soliton website requesting that data is removed from the marketing database. Soliton subscribes to the data protection principles as laid down by the Information Commissioner and all data is held securely. The Customer may, by writing to Soliton, request that all data relating to him, her or it should be deleted from its records. Customers may also, in accordance with the provisions of the Data Protection Act 1998, obtain copies of such data that is held in respect of them by Soliton.
See Privacy policy
23 Limitation of Liability
23.1 The Customer will be responsible for ensuring the fitness for purpose of the Goods for the Customer’s application unless the purpose is previously notified to Soliton. 23.2 To the extent permitted by law, Soliton accepts no liability whatsoever or howsoever arising in respect of loss, damage or expense arising from errors in information or advice provided whether or not due to Soliton’s negligence or that of its employees, agents or sub-contractors save for any loss or damage arising from death or personal injury.
23.3 To the extent permitted by law, Soliton shall not be liable to the Customer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of any Contract with the Customer, for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of Soliton, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Customer.
23.4 The entire liability of Soliton under or in connection with the Contract with the Customer shall not exceed the price of the Goods except as expressly provided in these terms and conditions.
24 Force Majeure
Soliton shall not be liable to the Customer or deemed to be in breach of Contract by reason of any delay in performing, or any failure to perform, any obligations of Soliton in relation to the Goods, provided that the delay or failure was due to any cause beyond reasonable control of Soliton. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond reasonable control of Soliton: Act of God, explosion, flood, tempest, fire or accident; war or threat of war, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of Soliton or of a third party); difficulties in obtaining raw materials, labour, fuel, parts or machinery; power failure or breakdown in machinery.
25 Law
All contracts between Soliton and the Customer shall be governed by and interpreted in accordance with English Law and both Soliton and the Customer submits to the exclusive jurisdiction of any competent Court in the United Kingdom.
26 Consumer Protection
Nothing contained herein shall affect a Consumer’s rights under the Unfair Contract Terms Act 1977 or any regulations made under it including the Unfair Terms in Consumer Contracts Regulations 1994.
27 Insolvency
27.1 If the Customer fails to make payment for the Goods in accordance with these Terms and Conditions or permits any other breach of any contract for sale or if any distress or execution shall be levied upon any of the Customers goods or if the Customer offers to make any arrangement with its creditors or if any petition in bankruptcy is presented against the Customer or the Customer is unable to pay its debts as they fall due or if any petition in bankruptcy is presented against the Customer or if being a limited company any resolution or petition to wind up the Customer (other than for the purpose of amalgamation or reconstruction without insolvency) shall be passed or presented or if a Receiver, Administrative Receiver or Manager shall be appointed over the whole or any part of the Customer’s business or assets or if any petition for the appointment of any administrator is presented against the Customer or if the Customer shall suffer any actions or proceedings under foreign law all sums outstanding in respect of the Goods shall become payable immediately.
27.2 Soliton may in its absolute discretion and without prejudice to any other rights which it may have suspend all future deliveries of Goods to the Trade Customer and/or terminate any contract without liability upon its part; and/or exercise any of its rights pursuant to this Terms and Conditions.
28 Headings
All headings in these Terms and Conditions are for ease of reference only and shall not affect the construction of any contract between Soliton and a Customer.
29 Severance
Any provision of any contract with Soliton which is or may be void or unenforceable shall to the extent of such invalidity or unenforceability be deemed severable and shall not affect any other provision of any Contract.
30 Waiver
No waiver or forbearance by Soliton (whether expressed or implied) in enforcing any of its rights under any contract shall prejudice its right to do so in the future.
31 Rights of Third Parties
For the purposes of the Contracts (Rights of Third Parties) Act 1999 it is agreed by Soliton and the Customer that nothing in any contract shall confer on any third party any right to enforce or any benefit of any term of any contract that may be concluded by them.
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PC-dictation device with push buttons
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PC-dictation device with 4-position switch
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PC-dictation device with push buttons. Includes dictation software
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PC-dictation device with 4-position switch. Includes dictation software
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PC-dictation device with 4-position switch and integrated barcode scanner
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