1. Application of Terms

1.1 Any agreement, whether by email, telephone, post, online or otherwise (Contract) by any person to purchase goods (Goods) and/or services (Services) from NAPIT Group Limited (Company Number 05190742) or any other company in the group of companies of which NAPIT Group Limited is a member (referred to for the purposes of these terms and conditions as us, we or our as appropriate) and/or the use by any person of the NAPIT website (Site) shall incorporate or be made on the basis of these terms and conditions, with any person so entering into a Contract or using the Site being referred to for the purposes of these terms and conditions as you or your (as appropriate).

1.2 No variation to these terms and conditions shall have effect unless expressly agreed in writing by both parties.

1.3 You acknowledge that on entering into a Contract that you have not relied on any statement, promise of representation made or given by or on behalf of us which is not set out in writing and expressly stated by us to form part of the Contract.

1.4 Any information displayed on the Site or other printed matter published by or on behalf of us is not regarded to be authoritative.

3. Orders

3.1 We are pleased to accept orders (Orders) by any of the following methods; online transaction (secure server), email (unsecured), telephone, and post.

3.2 All credit / debit card transactions are subject to validation checks and are authorised by the card issuer.

3.3 We accept MasterCard, Visa, Delta, Switch and Solo. If the issuer of your card refuses to authorise payment to us, we will not be liable for any delay and / or non-delivery of your Order. We are unable to accept or process any credit/debit card orders without a valid card payment in the name of the registered cardholder.

3.4 No Order placed by you shall be deemed to be accepted by us until a written acknowledgement of the Order is issued by us or (if earlier) we deliver the Goods or provide the Services to you.

4. Delivery Of Goods

4.1 Subject to clause 4.4 any Goods shall be delivered by us at or dispatched for delivery to the place or places and in the manner specified in the Order or as subsequently agreed.

4.2 All delivery charges shown are for 3 to 4 day delivery of items in stock to the U.K. mainland only. Charges for different delivery services can be obtained by contacting us directly.

4.3 All delivery terms and conditions and charges are subject to change without notice. Every effort is made to ensure that delivery is made within the estimated time scales and within a maximum of 10 days.

4.4 All products are subject to availability.

4.5 We will not be liable for non performances of our obligations caused or resulting from industrial disputes or any other circumstances beyond our reasonable control such as act of God, riots, civil commotion, flood, fire and legislation.

4.6 The quantity of any consignment of Goods as recorded by us upon dispatch from our usual place of business shall be conclusive evidence of the quantity received by you on delivery unless you can provide conclusive evidence proving the contrary.

4.7 Our liability for non-delivery of Goods shall be limited to replacing the Goods within a reasonable time or issuing a credit note at the pro rata Contract rate against any invoice raised for such Goods.

5. Description of Goods

5.1 The quantity and description of any Goods shall be as set out in our quotation or acknowledgment of Order.

5.2 All samples, drawings, descriptive matter, specifications and advertising issued by us or on the Site or other printed matter or otherwise and any descriptions or illustrations contained in our catalogues or brochures are not warranted to be authoritative and are issued or published for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form part of the Contract and the Contact shall not comprise a sale by sample.

5.3 Every effort is made to ensure the colours depicted on the Site or other advertising material match as closely as possible those of the actual product. Due to technical limitations, some colours may vary.

6. Limitation of Liability

6.1 Except where you are dealing as a consumer (as defined under the Unfair Contract Terms Act 1977 Section 12) all warranties or terms of every kind whether implied by statute or common law or otherwise are hereby excluded to the fullest extent permitted by law.

6.2 We accept no responsibility for consequential loss or damage whatsoever whether caused by negligence or otherwise arising out of or in connection with the provisions of any Goods or Services pursuant to this Contract (except in respect of death or personal injury caused by us) and subject to clause 8.3 our total liability for any other loss in connection with this Contract shall not exceed the total price paid by you for such Goods or Services.

7. Retention of Title

7.1 All items supplied to you shall remain our property until final payment of all sums owing in respect of those products have been received in full by us.

8. Cancellation

8.1 Outstanding Orders can be cancelled at any time. In instances where payment has already been made, an alternative or refund for the item(s) concerned will be given.

8.2 In the event of any products delivered by us being damaged in transit, or failure to match the items ordered by you, then such details must be notified by you to us within seven working days of receipt. If we receive no such notification you will be deemed to have accepted the items as satisfactory.

8.3 We cannot be held liable for any consequential loss caused by late delivery or failure to deliver by our appointed carrier. Liability in such cases is limited to the value of those items, which are shown to have not been received by you.

8.4 The cost of NAPIT Desktop covers a 12 month Software license, which once activated is non-refundable and non-transferable, no matter the period of time the Software license is required, or whether the NAPIT membership which the Software is registered to is live and/or certificated.

To view the NAPIT Groupʼs full Cancellation of Membership, Training and Product Order Terms & Conditions please click here

9. Guarantees

All Goods are guaranteed for a period of twelve months unless otherwise stated from the date of the original invoice against failure to provide reasonable wear owing to defective workmanship or materials. The guarantee excludes faults caused by accident, neglect or misuse. In the event of a warranty claim, please return the item with a copy of the original invoice to:
NAPIT
4th Floor, Mill 3,
Pleasley Vale Business Park,
Mansfield,
Nottinghamshire NG19 8RL

10. Distance Selling Regulations

10.1 You have a right to cancel your Order and receive a refund within seven working days following the day after the date of delivery for any unused item purchased through the Site under the Distance Selling Regulations 2000 (as amended from time to time). This does not apply to any perishable Goods, unsealed software or item personalised or made to your specification.

10.2 To cancel any Order, you should email, telephone, or write to us quoting your invoice number. You must take reasonable care of the items purchased, and must not use them. Products must be returned to us within seven days of your notice to us to cancel, at the above shown address.

10.3 All products are returned at your own expense unless the item is deemed faulty or incorrect, where we will refund the cost on receipt of the products. Should you require your unwanted products to be collected, we will deduct the appointed couriers direct costs from the refund given.

10.4 Providing the products are received back in an unused condition, and with all accessories, you will receive a refund within thirty days of your notice to cancel.

11. Privacy & Data Protection

11.1 This privacy policy covers the Site and any other method of selling adopted by us.

11.2 You can browse the Site without disclosing any personal data to us.

11.3 We do not automatically log personal data nor do we link information automatically logged by other means with personal data about specific individuals.

11.4 We will collect and store information about you (such as your name, address, email address, telephone numbers and Order and payment details) to allow us firstly, to process and fulfill any Order requirements and secondly to provide you with the best possible service. We will collect and store any personal data that you may volunteer whist using our Services, e.g. (registration, placing an Order or requesting a catalogue). The information key symbol is shown wherever we collect data. All information is collected and used lawfully and in accordance with the Data Protection Act 1998.

11.5 We will use the data for our own marketing purposes, including market research and to keep you up to date with any offers or information regarding our stores or direct sales channels.

11.6 Individuals registering their details online may do so on the understanding that they are aware of the intended purpose for the collection of data. They may be sent further information / communication via email, and post.

11.7 The Site contains links to third party websites operating their own terms and conditions and privacy policies. We accept no responsibility for the policies of any linked third party sites.

12. Pricing and Print Errors

12.1 Prices and specifications are checked to the best of our ability, and whilst every effort has been made to make them accurate, no responsibility will be accepted for errors and omissions.

12.2 We reserve the right to alter our prices and specifications without notice.

13. Security

We are fully committed to providing full security both through our on-line and mail order service. We use secure socket layer (SSL) technology to ensure that your details are safe for all sales transactions with us. All information you provide is fully encrypted so that it cannot be read by third parties. (For Netscape click the 'security' icon on the tool bar and check the SSL2 and SSL3 boxes. For Internet Explorer go to view, menu, find 'Internet Options' click on 'Advanced' and check the SSL2 and SSL3 boxes. Your browser will confirm that you are shopping in a secure environment by showing a locked padlock icon or an image of a key in the bar at the base of your screen.)

14. Severance

14.1 If any provision (or part of a provision) of the Contract is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions will remain in force.

14.2 If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, that provision will apply with whatever modification is necessary to make it valid, enforceable and legal.

14.3 The parties agree, in the circumstances referred to in condition 14.1 and if condition 14.2 does not apply, to attempt to substitute for any invalid, unenforceable or illegal provision a valid, enforceable and legal provision which achieves to the greatest extent possible the same effect as would have been achieved by the invalid or unenforceable provision. The obligations of the parties under any invalid or unenforceable provision of the Contract shall be suspended while an attempt at such substitution is made.

15. Intellectual property rights

15.1 As between the parties, all intellectual property rights and all other rights in any deliverable items and/or any documents, information or materials provided by us relating to any Services provided by NAPIT which existed before the commencement of the Contract (Pre existing materials) shall be owned by us or our licenser. Subject to condition 15.2, we hereby license and/or sublicense all such rights to you free of charge and on a non exclusive, worldwide basis to such extent as is necessary to enable you to make reasonable use of any such deliverables and Services. If the Contract is terminated, this license will automatically terminate.

15.2 You acknowledge that, where we do not own any Pre existing Materials (such circumstances to be notified by us to you), your use of rights in Pre-existing Materials is conditional on us obtaining a written license (or sub license) from the relevant licensor or licensors on such terms as will entitle us to license such rights to you.

16. Jurisdiction

All contracts shall be governed by and construed in accordance with English Law and any dispute between the parties will be resolved exclusively in the courts of England and Wales.