Terms and Conditions

  1. In these conditions the following words shall have the following meanings:
    1. "You" means the person(s), firm or company that buys the Goods from Us and "your" shall be interpreted accordingly
    2. "Us" and "We" both mean Synchro Arts Limited of 100 Liverpool Street, 6th Floor, London EC2M 2AT, UK and "our" shall be interpreted accordingly
    3. "Goods" means any goods We agree to supply to You under the terms of the Contract, this includes any instalment of the goods or part(s) of them
    4. "Contract" means any contract between You and Us, for the sale and purchase of the Goods, which incorporates these conditions
    5. "Website" means the website with the URL: www.synchroarts.com
  2. Any reference to any statute or statutory provision refers to its most recent version
  3. Reference to the singular includes the plural and vice versa.
  4. Headings are only used for convenience.
  1. Applying These Conditions
    1. The Contract will be on these conditions only, unless there is a written variation agreed between You and Us
    2. Your order is an offer to buy the Goods from Us under these conditions.
    3. Confirmation of your order is our acceptance of that offer. We do not have to accept your offer.
    4. We will Email a copy of these conditions to You, at the Email address You provide on the order form, when We confirm your order
  2. The Goods
    1. Any description of the Goods on our Website is for guidance only. No pictures, descriptions, specifications or advertising will form part of the Contract.
    2. If any Goods are not available, We will provide substitutes. If You are not happy with the substitutes You must tell Us within 7 days, We will then explain how to return them at your expense and the Contract will be cancelled.
  3. Delivery
    1. We will deliver the Goods to the address You provide on the order form. We will only deliver to a non-P.O. Box address.
    2. Any delivery date We give is an estimate.
    3. Unless these conditions state otherwise, We are not liable for any loss, costs, damages, charges or expenses caused by any delay in delivery.
    4. Unless the delay is longer than 30 days from the date We confirm your order, You cannot cancel the Contract.
    5. If We can't deliver the Goods because You won't accept delivery, You haven't provided the correct address, or no-one is available to accept delivery, then:
      1. all risk in the Goods will pass to You;
      2. the Goods will be deemed to have been delivered; and
      3. We may store the Goods until We can re-deliver them, and You will be liable for any costs arising from this
  4. Non-Delivery
    1. We shall not be liable for any proven non-delivery unless You report it within 21 days of the date when the Goods should have arrived.
    2. Our liability for non-delivery is limited to replacing the Goods within a reasonable time, or issuing a credit note.
  5. Price
    1. All prices are quoted in either UK Pounds Sterling, US Dollars or Euros.
    2. The price for the Goods is the price shown on our Website when We confirm your order. This price will include VAT when required.
    3. When prices are shown to You in currencies other than UK Pounds Sterling, we reserve the right to charge you in UK Pounds Sterling an amount calculated based on a current exchange rate from that currency and You accept that your credit card will charge you an amount which can be based on a slightly different exchange rate to the one we use.
  6. Payment
    1. Payment is due by any of the methods described on our Website at the date You place your order.
    2. All payments due to Us under the Contract shall become due immediately on termination of the Contract.
  7. Defects
    1. Nothing in these terms affects your statutory rights
    2. We will not be liable for any defects of the Goods unless:
      1. You tell Us of the defect within 14 days of the time You discover, or ought to have discovered, the defect; and
      2. We are given a reasonable opportunity, of examining the Goods and, if requested, You return the Goods to Us at your expense for examination and if We agree that the Goods are defective, We will refund this expense.
    3. We shall not be liable for any defect if:
      1. You use the Goods after telling Us about the defect; or
      2. the defect arises through misuse, or inappropriate storage, of the Goods; or
      3. You alter or repair the Goods without our written consent.
    4. Subject to conditions 8.2 and 8.3, if any of the Goods are defective, We shall replace them or the  refund the price, provided that, at our request, You return the Goods.
    5. If We comply with condition 8.4, We shall have no further liability for any defects.
  8. Liability
    1. Subject to condition 8, the following sets out our entire financial liability to You in respect of:
      1. Any breach of these conditions; and
      2. Any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.
    2. All warranties, conditions and other terms implied by statute or common law (except those implied by section 12 of the Sale of Goods Act 1979) are, as far so the law allows, excluded from the Contract.
    3. Nothing in these conditions excludes or limits our liability for death or personal injury caused by our negligence or fraudulent misrepresentation.
    4. Subject to conditions 9.2 and 9.3;
      1. Our total liability in contract, tort, misrepresentation or otherwise, arising in connection with the Contract shall be limited the cost of the Goods; and
      2. We shall not be liable to You for any indirect or consequential loss, damage, costs, expenses or other claims for consequential compensation whatsoever which arise out of, or in connection with, the Contract.
  9. Right to Cancel
    1. If You wish to cancel the Contract, You must notify Us in writing within 7 working days of receipt of the Goods. Once You have returned the Goods, We will refund the price paid for those Goods.
    2. If you want to transfer a "Loyalty" or "Crossgrade" product after buying one and getting a discount on the other, we will charge you a license transfer fee.  This will be the difference between what you paid versus buying the two licenses separately at the time of the transfer. If we are running a promotion and the price you paid is more than buying the two licenses separately at the time of the transfer, then the license transfer fee to you will be zero.
    3. If you wish to have a refund for a product associated with a "Loyalty" or "Crossgrade" discounted purchase then we reserve the right either to charge you the full price for any product purchased with a Loyalty discount, or to refund your "Loyalty" purchase.
  10. Force Majeure
    1. If We are prevented from, or delayed in, carrying on our business due to circumstances beyond our reasonable control, We may defer delivery or cancel the Contract or reduce the volume of the Goods sent to You (without liability to You). Such circumstances include, acts of God, government actions, war, national emergency, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes, other labour disputes, or inability or delay in obtaining supplies of materials.
    2. If the circumstance in question continues for a continuous period of more than 7 days, You can give Us written notice to end the Contract.
  11. Communication
    1. All communications from Us that are made by Email, or by posting on our Website, satisfy any legal requirement that such communication is in writing.
    2. We agree that any communication that You must make in writing (under these conditions) may be made by Email to info@synchroarts.com or by post to Synchro Arts Limited at the address above.
    3. Any Email sent to Us shall be deemed to be received on the day it is sent.
    4. Any post sent to Us shall be deemed to be received at 10am on the second working day after the date of posting.
    5. If You wish to make any complaint You may Email it to info@synchroarts.com or post it to Synchro Arts Limited at the address above.
    6. When you download, request a trial or purchase our Goods – we will collect and store your email address and other relevant data you send to provide You with helpful information regarding your software. By ticking the box in the form you submit, you are giving your explicit consent to receive other communications about our products. You have the option to unsubscribe at any time, via the 'unsubscribe' link in any of the email communications you receive from Us.
  12. Information You provide
    1. You authorise Us to use, store or process any information that You provide, including your name and address, as far as is reasonably necessary for Us to provide our services.
    2. If You buy Goods through our Website then We may collect information about your buying behaviour. If You send us personal correspondence such as Emails or letters then We may collect this information into a file specific to You.
    3. You must ensure that any information You provide is accurate and complete. For more information about how We deal with your Personal Information, please read our privacy policy.
  13. Online Materials
    1. The materials published on our Website are solely for your personal and non-commercial use.
    2. Our Website is controlled and operated by Us from our offices in Synchro Arts Limited. We do not control or endorse any content supplied by third parties.
    3. Any content from third parties is published in good faith. We are not responsible for its accuracy or for its use, except where it relates directly to the Goods.
    4. You accept all responsibility for your use of our Website and any information it contains.
    5. You may not modify, change or edit any content including descriptions and pricing provided in our Website or online forms.
  14. General
    1. Each of our rights or remedies under the Contract is without prejudice to any of our other rights and remedies whether under the Contract or not.
    2. If any provision of the Contract is found to be wholly or partly illegal, void, voidable, unenforceable or unreasonable, then it shall be deemed severable. The remainder of that provision and the remaining provisions shall continue in full force and effect.
    3. We reserve the right to de-activate, cancel or otherwise revoke any license that is purchased from us using any fraudulently obtained payment method.
    4. Any failure or delay by Us in enforcing any part of the Contract will not be taken as a waiver of any of our rights.
    5. If We ignore any breach of any part of the Contract by You, this does not mean that We will allow any further breach and it will not affect the other terms of the Contract.
    6. The Contract is governed by English law and the parties submit to the exclusive jurisdiction of the English courts.
    7. Nothing in these Conditions shall create any rights for third parties under the Contracts (Rights of Third Parties) Act 1999.