Please read all these terms and conditions.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with.
These Terms and Conditions will apply to the purchase of the services and goods by you (the Customer or you).
We are whose trading name is resROMS with email address firstname.lastname@example.org, operating from the web address www.resroms.com (the Supplier or us or we).
These are the terms on which we sell Services and Goods to you. By ordering any of the Services or Goods, you agree to be bound by these Terms and Conditions.
You can only purchase the Services and Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.
Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
Contract means the legally-binding agreement between you and us for the supply of the Services;
Delivery Location means the Supplier’s premises or other location where the Services are to be supplied, as set out in the Order;
Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
Goods means any goods that we supply to you with or without a Service, of the number and description as set out in the Order;
Order means the Customer’s order for the Goods or Services from the Supplier as submitted following the step by step process set out on the Website;
Cookies Policy refers to the data stored locally by our website (https://resroms.com) to aid in enhancing the Customer Experience, Advertising and Social Media Integration.
Services means the services advertised on the Website, including any Goods, of the number and description set out in the Order;
Website means our website https://resroms.com on which the Services are advertised.
The description of the Services and any Goods is as set out in the Website, catalogues, brochures or other form of advertisement.
Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of any Goods supplied. We reserve the right to amend Specifications (Visual or Technical) without any prior notification.
In the case of Services and any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
All Services which appear on the Website are subject to availability.
We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
You must co-operate with us in all matters relating to the Services we offer to ensure their successful delivery and optimal performance.
Failure to comply with the above is a Customer default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.
We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this upon creating
Basis of Sale
The description of the Services and any Goods in our website does not constitute a contractual offer to sell the Services or Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we aim to inform you of the reason without delay.
The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
A Contract will be formed for the Goods or Services ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you.
By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation).
You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract, and before access is provided to any of the Services.
Any quotation or estimate of Fees (as defined below) is valid for a maximum period of 7 days from its date, unless we expressly withdraw it at an earlier time.
No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a business.
Fees and Payment
The fees (Fees) for the Services, the price of any Goods (if not included in the Fees) and any additional delivery or other charges is that set out on the Website at the date we accept the Order or such other price as we may agree in writing.
Prices for Services may be calculated on a fixed price or on a standard daily rate basis.
You must pay via PayPal or by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Services.
We will deliver the Services or Goods to the Delivery Location by the time or within the agreed period or, failing any agreement:
in the case of Services, within a reasonable time; and
in the case of Goods, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.
In any case, regardless of events beyond our control, if we do not deliver the Services or Goods on time, you can require us to reduce the Fees or charges by an appropriate amount (including the right to receive a refund for anything already paid above the reduced amount).
The amount of the reduction can, where appropriate (We reserve the right to deem whether a particular situation qualifies as appropriate or not), be up to the full amount of the Fees or charges.
In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
If you were entitled to treat the Contract at an end, but have not done so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. The return of the payment, and any other fees shall be submitted once we receive the rejected goods in relation to your order. We will not issue a full compensation until we are in the possession of the respective Goods.
If the Goods have been delivered, you agree to return them to us, and where applicable we will cover the cost of postage, or issue a Pre-Paid label which has to be printed.
If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.
We do not generally deliver to addresses outside of easy-accessible Countries or Continents (Such as, Europe and the United States) where Courier Companies operate. The postage cost will be outlined during checkout and upon placing the order with us, you agree to submit the postage cost payment and any Customs Duties and Taxes you may be subject to. (For example: If you are a resident in Canada, you are most likely to be subject to Import Duties and Taxes.) We do not cover that and you fully agree to the above terms when placing an order with us.
You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
If you or your nominee fail, through no fault of ours, to take delivery of the Services at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
Risk and Title
Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.
Withdrawal returns and cancellation
You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
You can cancel the Contract except for any Goods which are made to your special requirements by telling us no later than 30 days after the Contract was made, if you simply wish to change your mind and without giving us a reason, and without liability, except in that case, you must return to any of our business premises the Goods in undamaged condition at your expense.
Then we must without delay refund to you the price for those Goods and Services which have been paid for in advance, but we can retain any separate delivery charge.
This does not affect your rights when the reason for the cancellation is any defective Goods or Services.
This Returns Right is different and separate from the Cancellation Rights below.
This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below.
These Cancellation Rights, however, do not apply, to a contract for the following goods and services (with no others) in the following circumstances:
goods that are made to your specifications or are clearly personalised;
Right to cancel
Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason.
The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier, indicated by you, acquires physical possession of the last of the Goods.
In a contract for the supply of services only (without goods), the cancellation period will expire 14 days from the day the Contract was entered into. (Entering the contract represents receiving the License key for the RES App)
In a contract for the supply of services over time (ie subscriptions), the right to cancel will be 14 days after the first delivery.
To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (eg a letter sent by post, fax or email).
In any event, you must be able to show clear evidence of when the cancellation was made, so you may decide to use the model cancellation form.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Deduction for Goods supplied
We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (ie handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: eg it goes beyond the sort of handling that might be reasonably allowed in a shop).
This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.
Timing of reimbursement
In the case of a Cancellation, the reimbursement will be made no later than:
14 days after the day we receive back from you any Goods supplied, or
(if earlier) 14 days after the day you provide evidence that you have sent back the Goods.
If we have offered to collect the Goods or if no Goods were supplied or to be supplied (ie it is a contract for the supply of services only), we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction; in any event, you will not incur any fees as a result of the reimbursement.
If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to us at without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract.
The deadline is met if you send back the Goods before the period of 14 days has expired.
You agree that you will have to bear the cost of returning the Goods.
For the purposes of these Cancellation Rights, these words have the following meanings:
distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.
Conformity and Guarantee
We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
Upon delivery, the Goods will:
be of satisfactory quality;
be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and conform to their description.
It is not a failure to conform if the failure has its origin in your materials.
We will supply the Services with reasonable skill and care.
We will immediately, or within a reasonable time, give you the benefit of the free guarantee given by the supplier of the Goods.
Details of the guarantee, including the name and address of the supplier, the duration and territorial scope of the guarantee, are set out in the supplier’s guarantee supplied with the Goods.
This guarantee will take effect at the time the Goods are delivered, and will not reduce your legal rights.
We will provide the following after-sales service: Technical and General Support will be provided for all Products and Services purchased with us.
In relation to the Services, anything we say or write to you about us or about the Services, is a term of the Contract (which we must comply with) if you take it into account when deciding to enter this Contract, or when making any decision about the Services after entering into this Contract.
Anything you take into account is subject to anything that qualified it and was said or written to you by us on the same occasion, and any change to it that has been expressly agreed between us (before entering this Contract or later).
Duration, termination and suspension
Either you or we may terminate the Contract or suspend the Services at any time by a written notice of termination or suspension to the other if that other:
commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed or is not fixed within 30 days of the written notice; or
is subject to any step towards its bankruptcy or liquidation.
On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.
Successors and our sub-contractors
Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract.
The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.
Circumstances beyond the control of either party