Grey Matter Terms & Conditions

Introduction
The following terms and conditions apply to the sale of products purchased from Grey Matter Limited.

We want you to understand the basis upon which you buy products from us.

Please read these terms and conditions carefully. If there is anything that you do not understand please contact us on 01364 654100 or by email to: maildesk@greymatter.com before ordering a product and we will do our best to clarify the position for you.

Who we are
Grey Matter Ltd is a company registered in England and Wales under number 1671407. The company's registered office is 2 Prigg Meadow, Ashburton, Devon, TQ13 7DF, UK.

Our VAT Number is GB 384 9046 21.

Customer satisfaction
Customer satisfaction is our number one priority. If you have a suggestion as to how we can improve our service to you or if you are dissatisfied about our service or any goods or services that you bought from Grey Matter then please contact us immediately on 01364 654100 or by email to: maildesk@greymatter.com

How to buy from us?

If you want to buy goods or obtain services from us you have a choice of ways of doing this.

Ordering
You can place an order online by converting quotations for products that you select whilst online in your Shopping List.

Alternatively an order form can be downloaded from our website for faxing or posting to us at 2 Prigg Meadow, Ashburton, Devon, TQ13 7DF, UK.

If you fax or email or telephone us with your contact details we can send you an order form.

In all cases these terms and conditions will apply.

Checking and correcting
It is up to you to check that your order is correct. If you order online you can correct any inputting errors prior to the submission of your order. If however you realise that you have made a mistake then do call us on 01364 654100 and we will see whether it is possible to intercept the order before it is accepted by us.

Orders can not be withdrawn without our agreement
By submitting your order by any of the above methods you are irrevocably offering to buy the goods on these terms and conditions.

Acceptance of orders
We are not obliged to supply goods or services to you until we have confirmed acceptance of your order and this is when the contract is made. We normally do this by email under the heading "Order Confirmation".

Risk
Risk of loss or damage to the goods passes to you when they leave our premises. If you want us to arrange insurance in transit please contact us before ordering. (See Damaged Goods below)

Ordering allows us to use your personal data
By submitting your order you are also allowing us to use your personal details for the purposes of supplying the goods or services concerned (including passing your details onto couriers and other subcontractors for the purpose of fulfilling your order).

The basis upon which we obtain and use personal data for this and other purposes is set out in our Privacy Statement.

Quotations
You can get a quote by phone, fax, post, email or online by converting your Shopping List to a quote. Quotes are stamped with a date and time and are valid for five (5) working days from the moment of creation, or until month end. Should you decide to alter your quotation in any way then its validity expires and a new quotation should be created.

Pricing

We try to keep our prices as simple to understand as possible. However, you should bear in mind that prices are always subject to change. Prices shown in our print advertising, emails and in our magazine HardCopy are submitted some days or weeks prior to publication and therefore may be subject to change. This site contains our definitive price list.

Any delivery charges are shown as a separate line on every order. You can get a quote for delivery charges outside mainland UK by specifying your delivery destination as part of your quotation.

VAT

Our VAT Number is GB 384 9046 21.

Our prices (including delivery charges where applicable) do not include VAT which is chargeable at the prevailing rate in the UK. VAT is also chargeable at the prevailing rate on all goods shipped to EC countries unless customers provide their VAT/tax number on headed paper or an official document. When a user in an EC country, other than the UK, provides a valid VAT number then the 'Total Exc. VAT' applies.

Books in general are 0% VAT rated. However, when a book contains electronic media - disks, CD ROMs etc. then VAT applies to the proportion of the charge which is for the electronic media.

Security

Ordering Online
The Grey Matter online order system encrypts all your personal information including your name, address and credit or debit card details using industry standard Secure Socket Layer (SSL) technology. This is intended to ensure that information passed between your computer and this site cannot be read in the unlikely event that it is intercepted by someone else.

Cookies
A cookie is a small item of information which websites can use to both store and retrieve information via the clients' browser. Your browser will only release this information to the site that issued it. This site makes use of cookies to store information that is used to pre-fill request forms and orders for ease of use. If you do not accept or you erase these cookies, you may be required to log in manually to gain access to certain features of the site.

Emails

When you use this site we may have cause to communicate with you by email.

Our emails (including any attachments to them) may contain information that is confidential or legally privileged and intended only to be seen by a particular person or persons.

If you know that you are not the intended recipient of an email or it is reasonably obvious that you are not the intended recipient, please note that any onward disclosure, copying, distribution or any use made of it (and any attachments) is prohibited and may be unlawful.

If you are not the intended recipient of an email or attachment please notify the sender immediately and then delete the original email received and any attachment without making any copies or using the same in any other way.

Email liability
Email transmission cannot be guaranteed to be secure or error free for many reasons, for example information can be intercepted, corrupted, lost, destroyed, delayed or be incomplete or contain viruses.

YOU SHOULD ALWAYS CARRY OUT YOUR OWN VIRUS CHECK BEFORE OPENING ANY ATTACHMENT.

Emails and any files attached to them have been checked with virus detection software before transmission. However, Grey Matter Limited accepts no liability for any loss or damage which may be caused by viruses or other pernicious code or third party action.

Provision of information about products

All and any information about the products on this site, including pricing, is provided by Grey Matter in good faith and has been created in conjunction with and/or obtained from our product suppliers. The information on this site is not warranted to be complete or up to date and may be altered without notice at the discretion of Grey Matter.

IT IS YOUR RESPONSIBILITY TO ENSURE THAT YOU ARE USING THE MOST UP TO DATE AND COMPLETE INFORMATION RELATING TO ANY PARTICULAR PRODUCT. IN A FAST MOVING SECTOR SUCH AS SOFTWARE IT IS YOUR RESPONSIBILITY TO REFER TO THE MOST RECENT PRODUCT DESCRIPTION AND THE MOST RECENT PRODUCT PRICING WHEN PLANNING YOUR ORDER. The original supplier of the product is the definitive source of up to date product information, not Grey Matter.

No warranties
We do not warrant that any products sold to you will meet your requirements or that their operation will be uninterrupted or error free.

If you need a contractually binding term or condition relating to a particular product then you must before you order provide us with all relevant information and details of precisely what assurance you are seeking. You can do this by contacting us on 01364 654100 or by email to: maildesk@greymatter.com. However you do need to obtain our separate written unambiguous agreement to the term or condition concerned and we can withhold our agreement to it at our entire discretion and without giving reasons.

Exclusion of liability

It is our company policy and we hereby exclude all express and implied warranties or conditions relating to the products and services that we sell whether via this site or otherwise. The only exceptions being:

• if those warranties or conditions are clearly stated on this site as being applicable to the sale of the relevant product or provision of the service concerned;
• warranties that come direct from the manufacturers of the products which we have expressly indicated are available to you;
• if the warranties and conditions are contained in a separate written agreement between us which we have agreed are to be contractually binding on us;
• that we do not exclude our liability for death or personal injury caused by our negligence or liability based on a proven claim against us of fraudulent misrepresentation; and
• THE ABOVE POLICY DOES NOT AFFECT ANY STATUTORY RIGHTS WHICH ARE AVAILABLE TO YOU TO THE EXTENT THAT SUCH RIGHTS ARE INCAPABLE OF BEING EXCLUDED BY LAW.

Limitation of liability

Our liability to you for any losses and costs connected with the sale of products or services to you shall not exceed the amount you originally paid us for the products or services in respect of which your claim relates.

In no event will we be liable to you for any indirect or consequential damages even if we have been advised of the possibility of such damages. In particular without limiting the generality of the foregoing we accept no liability for any defective programmes, code or loss or corruption of data made or stored using products obtained from us nor for the costs of recovering or replacing such programmes, code or data.

Nothing in this statement limits our liability to you in the event of death or personal injury resulting from our negligence or based on a proven claim against us of fraudulent misrepresentation.

How to pay

Within the UK

• Credit card/debit card
• Cheque
• Bank transfer
• On account

Outside the UK

• Credit card/debit card
• Cheque
• Bank transfer

Credit terms for account holders

If you have a credit account with us payment is due thirty (30) days after the date of our invoice. It is our practice and right to charge interest for late payment calculated daily at 4% above The Royal Bank of Scotland base rate. If you are a corporate customer and would like to open an account then please complete our online iMatter Credit Account application form.

Proforma invoices

Proforma invoices are valid for five (5) working days or until month end. An official order is required before the goods are shipped quoting the proforma reference number. If upgrades are required, you will need to provide serial number evidence of your current product(s) and for education/academic product purchases, appropriate evidence of academic status (or a headed order form) must be provided.

Returns

Introduction
We regret that we are not obliged to accept returns or cancellations of contracts:

• for digital items where a software key or a pre-licensed executable has been issued by us
• for products where no returns or cancellations are allowed, which will be stated on the product page.

Do not send goods back to us without an authorised return (RMA) number
You can request an RMA number by contacting us on 01364 654100 or by email to: maildesk@greymatter.com within 5 working days of the product(s) being shipped to you.

You must ensure the goods are adequately re-packed Goods which are found to be damaged when returned to Grey Matter will not be credited and will be returned to you at your expense.

Goods which have been opened To prevent the incidence of software piracy, we are not obliged to accept returns of goods that have had the shrink wrap removed or otherwise been opened. These returns will be handled at our discretion.

Damaged Goods
You should inspect your order when you receive it for defects or any damage. If you find a defect or any damage you must contact us as soon as possible and no later than within five (5) working days of receipt of the relevant product(s). We will then at our discretion issue you with an authorised returns (RMA) number and advise you of the appropriate returns address. If the goods are found to have been damaged prior to delivery to you, or defective in any way (unless such defect or damage is caused by you or caused in transit (see Risk above)), we will at Grey Matter's discretion replace the goods or refund the price paid by you.

Exchanges
If you wish to exchange goods that you have purchased from Grey Matter then you must contact us as soon as possible and no later than within five (5) working days of receipt of the relevant product(s). We may then issue you with an authorised return (RMA) number at Grey Matter's discretion. You must arrange to send the product(s) back to us at your expense and you must ensure that they are unused, undamaged and in exactly the same state that you received them in. Upon receipt of the unopened goods in original condition you will be refunded the value that you paid for them less a handling charge 5% of the order value or a minimum of twenty pounds Sterling (£20) plus VAT or the cost of returning the goods to the manufacturer, whichever is greater.

Additional information for consumers
If you are a consumer (i.e. you are not buying in connection with a business) you have the right, in addition to your other rights, to cancel your contract with Grey Matter and receive a refund. This applies to all of our products, except for digital items where a software key or a pre-licensed executable has been issued by us, or where otherwise stated on the product page. We regret that we also are not obliged to accept cancellations of contracts for the purchase of software products where the item has been unsealed. You must contact us and inform us in writing of your desire to cancel your contract within seven (7) working days of receipt of the relevant product(s), and you will receive an authorised returns (RMA) number. You must return the goods to us at your cost and we advise you to ensure the goods are adequately re-packed and insured during any return journey. Please do not send goods back to us without an authorised return (RMA) number.

Shipping and courier charges

Delivery to mainland UK addresses is free.

If the goods are in stock and you place your order which is accepted by us before 4.00pm you will normally receive them the next working day. If we are unable to deliver your goods within the specified time for whatever reason we will try to contact you to arrange an alternative time for delivery.

We always ship your goods by express overnight courier as soon as we receive them so with large orders you might receive a part-shipment. If you do not wish to receive part-shipments then please let us know when you place your order.

We cannot deliver to PO Box numbers
For delivery outside mainland UK, shipping is charged at a flat rate per destination and does not vary by the size of the order or the number of shipments that your order might comprise. Please contact us for delivery charges.

Our priority is to get your products to you as quickly as possible but we will not be liable to you for late delivery as we are dependent on our suppliers and shippers.

Software license

By ordering from Grey Matter you (and your customer if applicable) are agreeing to comply with the End User Licence Agreement (EULA) of the product(s) that you are purchasing and installing

Trademarks

Grey Matter is a registered trademark of Grey Matter Ltd, and the Grey Matter logo, HardCopy, Software Know How, ISV Know How and Cloud Know How are trademarks of Grey Matter Ltd. You are not licensed to use any Grey Matter trademarks except with the express permission of Grey Matter. Other trademarks of software suppliers may also be displayed on our site from time to time. Supplier material may be subject to trademark and copyright restrictions imposed by the software supplier.

Intellectual property

Except where otherwise identified the programming of this site and images and text on it are the copyright and/or database right of Grey Matter Limited. You are not licensed to use any Grey Matter or third party copyright or database right except with the express permission of Grey Matter or as may be implied by virtue of your visiting the site to acquire goods and services offered on it.

Trading hours and response times

Grey Matter's office hours are 8.30am to 6.00pm UK time and the office is open every day of the year other than weekends, United Kingdom public holidays and some days over Christmas and New Year. All orders and quotations received are acknowledged by email. Customer emails received by us will be responded to within one (1) working day of receipt unless due to circumstances beyond our control (e.g. email failure).

Jurisdiction

This site is controlled and operated from England. The terms and conditions of this site and any dispute about them or in relation to this site shall be governed by and subject to English Law. In the event that a dispute arises out of or relating to these terms and conditions or the use of or access to this site, such dispute shall be subject to the exclusivity of an English Court.