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About these Terms and Conditions In these terms and conditions "we" and "us" mean Screenway and "you" means you the customer. In these terms and conditions certain words spelt with initial capital letters are defined terms. For your ease of reference these defined terms are listed together at the end of the terms and conditions. These terms and conditions together with your Order Confirmation constitute the Contract between us and you for the supply of Products. No other terms and conditions shall apply. The Contract cannot be varied unless we agree to vary it in writing or by email. 2. Placing Your Order 2.1 To place an Order you must be 18 years of age or over and be accessible by non cellular telephone. In order to be entitled to benefit from the special discounts for Education you must be either a registered student and possess a valid student I.D. or or accepted into an educational establishment or you must be engaged as a teacher or lecturer at an education institution and must require the Product for your own use or for your classes or for research. Screenway is entitled at any time to require that you produce evidence of your entitlement to purchase under this provision. Screenway reserves the right to cancel your order in its absolute discretion if we should determine that you are not a student, teacher or lecturer and/or that you do not require the Product for your own use or for teaching or research purposes. We will inform you if we cancel your order on the above basis. Any payments you have made will be refunded to you. 2.2 You may place an Order by: 2.2.1 filling in the Order Form on the Screenway Web Site after logging into or creating your personal account and clicking on the "Place my order" button; 2.2.2 telephoning us on 091 584924 between 09:00 and 13:00 and 14:00 and 17:00 Mondays to Fridays or by faxing us on 091 545006 2.3 By placing an Order, you make an offer to us to purchase the Products you have selected on these terms and conditions. We may or may not accept your offer at our discretion. 2.4 If we accept your Order, we will notify you of our acceptance by issuing an Order Confirmation. We will send your Order Confirmation to you by e-mail. The Order Confirmation will be effective on sending. If we cannot accept your Order we will attempt to contact you by email or telephone. 2.5 Whilst we will make every effort to supply you with the Products listed on the Order Confirmation, there may be occasions where we are unable to supply these Products because, for example, such Products are no longer being manufactured. In such circumstances we will contact you to inform you and may suggest alternative Products that you might wish to purchase. If you accept our suggestions then we will send you a revised Order Confirmation. If you do not accept our suggestions then we will cancel your Order in relation to those Products we cannot supply and repay you any money that you may have paid to us in respect of those Products. Repayment of such monies will be the extent of our liability to you if we are unable to deliver to you the Products you have ordered. 2.6 Information contained in our advertising, brochures, other written materials, on our web sites or given to you by our agents or employees constitutes an invitation to treat. No such information constitutes an offer by us to supply any Products. 3. Supply of Your Products Subject to these terms and conditions, we will supply to you the Products indicated on your Order Confirmation. 4. Prices 4.1 The price for the Products will be the price indicated on your Invoice. 4.2 VAT is payable by you at the applicable rate as indicated on your Invoice. 4.3 Delivery costs, where applicable, are payable by you as indicated on your Invoice. 5. Paying for Your Products 5.1 You may pay for your Products by the methods of payment as displayed on the payment section of the Screenway Web Site from time to time. 5.2 You must pay in the currency as indicated on your Invoice. 5.3 If you are paying by credit card, then you must supply your credit card details when you place your Order. Your credit card will be charged when we issue your Invoice or on shipment of your Products. We will not supply the Products to you nor perform the Services until your credit card issuer has authorised the use of your card for payment of the Products ordered. If we do not receive such authorisation we shall let you know. Your credit card billing address must be in the Republic of Ireland. We reserve the right to verify the identity of the credit card holder by requesting appropriate documentation. 5.4 If you are paying by cheque, wire transfer or post giro a request for payment will be sent to you and your Products will be supplied and Services provided after your payment is cleared. If we do not receive payment in cleared funds within 30 days after the date of your Order then your Order will be cancelled. 5.5 We will send request for payment, your Invoice, and Products to you at the billing address indicated on your Order Confirmation. We may, however, only send the documents by e-mail where you have indicated an e-mail address on your Order Form. 6. Delivery of Your Products 6.1 Products paid for by credit card will not be delivered to any address outside the Republic of Ireland. 6.2 We will deliver your Products to the delivery address as shown on your Order Form 6.3 Risk in your Products will pass to you upon our delivery of the Products. 6.4 Upon delivery of the Products to our carrier we will send you a confirmation of shipment by e-mail provided you have indicated an e-mail address on the Order Form. 7. Your Right to Return the Products 7.1 If you are not satisfied with any Product or the terms of any entitlement to Services you have purchased from us, you may return the Product to us or cancel the entitlement to Services and obtain a refund of the price of the Product returned or Service entitlement if you contact us within 7 Calendar Days of delivery of the Product to you or within 7 Calendar Days of your purchase of the entitlement to Services. However, you may not return a Product to us and claim a refund if the Product concerned is Software which we supplied to you sealed and unused and you have broken the seal. You may not obtain a refund of the purchase price of a Service entitlement if you have commenced use of the Service. 7.2 In order to exercise your option to return a Product or entitlement to Service you are not satisfied with, you must telephone us on 091 584924 between 09:00 and 13:00 or 14:00 and 17:00 Mondays to Fridays, to make arrangements for return. You must return the Products in their original packaging and the Products must be undamaged. You must obtain and retain a signed copy of delivery documentation from the carrier at the time of collection. 7.3 Provided the Products are returned to us undamaged we will refund the price paid for the Products you have returned. 8. Software 8.1 All Software is licensed to you on the terms and conditions of the applicable license agreements. These license agreements are shipped with the Software. 8.2 You shall be responsible for ensuring that any Software or Product bundle ordered by you is suitable for your requirements and is compatible with your existing systems and practices. 9. Warranty 9.1 Before subjecting your Hardware product to warranty service, you are responsible for making a separate backup copy of system software, application software and all data and for disabling any passwords. You are responsible for reinstalling all such software, data and passwords. We accept no liability for loss of data caused by warranty service. 9.2 All warranty claims, where relevant, are to be made in accordance with the terms and conditions of any standard manufacturer’s warranty which may be included with the Products purchased. In relation to any existing manufacturer’s warranty, any warranty claims should first be made either directly to the manufacturer or to us by phone (in which case we will use reasonable endeavors to resolve these on your behalf). 9.3 IF YOU ARE A CONSUMER, THIS WARRANTY IS IN ADDITION TO AND DOES NOT AFFECT YOUR STATUTORY RIGHTS. 10. Our Liability 10.1 If you are a Consumer, nothing in the Contract shall limit or exclude our liability for breach of any term implied by statute or regulation. If you are not a Consumer: 10.1.1 these terms and conditions set out the full extent of our obligations and liabilities in respect of the supply of the Products (and performance of telephone support and guarantee services) and performance of the Services; 10.1.2 there are no warranties, conditions or other terms that are binding on us except as expressly stated in the Contract; and 10.1.3 any warranty, condition or other term concerning the Products or Services which might otherwise be implied into or incorporated in the Contract by statute, common law or otherwise (including without limitation any implied term as to quality, fitness for purpose, reasonable care and skill) is hereby expressly excluded to the maximum extent permitted by law. In particular, Screenway will not be responsible for ensuring that the Products are suitable for your purposes. 10.2 Nothing in the Contract shall limit or exclude our liability for death or personal injury caused by our negligence or for fraud. 10.3 Subject to clause10.2, we will not be liable under the Contract for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise. 10.4 Subject to clause10.2 our maximum aggregate liability under the Contract whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) and/or Services in question. 11. Contacting Screenway You can contact us: • by telephone on 091 584924 between 09:00 and 13:00 or 14:00 - 17:00 Mondays to Fridays; • by email at info@screenway.ie; or • by post at Screenway, Galway Business Park, Dangan, Galway , Ireland • When contacting us in relation to an Order you have placed, you must quote your Web Order Number. 12. Export Control You agree to comply with all Export Laws. You agree (i) not to export any Product to any country in contravention of any Export Law, and (ii) not to export any Product to any country for which an export license or other governmental approval is required, without first obtaining all necessary licenses or other approvals. You warrant that you are not located in, under the control of, or a national or resident of any country to which export of the Products is prohibited by any Export Law. 13. Data Protection By placing your Order, you agree that we may store, process and use data collected from your Order Form for the purposes of processing your Order. Some of the information you provide to us will be passed to the companies we use for the shipment of Products to you. In addition, where you have requested finance in order to pay for the Products ordered, some of the information you provide to us will be passed to companies providing finance for your purchase. If you so indicate on the appropriate section of your Order Form, by placing your Order you also agree that we may transfer such data to other companies in the Screenway group of companies or to companies whose products are available for purchase on Screenway Web Site in order to provide you with information from time to time on other products and services that may be of interest to you. If you do not agree to our transferring such data to such companies in order to provide you with information on other Screenway or third party products and services, you should indicate your non-agreement on the appropriate section of your Order Form. You may obtain a copy of the data held by us concerning you on request in writing. We reserve the right to charge an administration fee for processing such request. If any data held by us concerning you is incorrect, we will correct it on your written request. 14. Circumstances beyond our reasonable control We will make every effort to perform our obligations under the Contract. However, we cannot be held responsible for delays or failure to perform if such delay or failure is caused by any circumstances beyond our reasonable control. In the event of a delay, we will perform our obligations as soon as reasonably possible. 15. Disagreements Governing Law and Jurisdiction We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so within the Republic of Ireland and Irish law will apply. 16. General 16.1 Neither our failure or your failure to enforce any term of the Contract constitutes a waiver of such term. Such failure shall in no way affect the right later to enforce such term. 16.2 The invalidity or un-enforceability of any provision of the Contract shall not adversely affect the validity or enforceability of the remaining provisions. 17. Defined Terms 17.1 In these terms and conditions: 'Accessory' means any ancillary Product such as a mouse or laptop bag; "Contract" means these terms and conditions together with your Order Confirmation; "Consumer" means a customer who purchases Products otherwise than in the course of a business; "Export Laws" means all laws, regulations and orders of the United States, the European Union and the Republic of Ireland applicable to the export, re-export, transfer or resale of Products; "Hardware" means any computer Product which is not Software, Services or an Accessory; "Invoice" means the invoice issued by us to you for the price of the Products; "Order" means an order placed by you in accordance with these terms and conditions; "Order Confirmation" means the order confirmation issued by us to you indicating acceptance of your Order; "Order Form" means the electronic order form on the Screenway Web Site; "Product" means any product listed on the Screenway Web Site which we agree to supply to you on these terms and conditions and may include Services; "Services" means any chargeable or other services (excluding guarantee and telephone support services) listed on the Screenway Web Site which we agree to supply to you on these terms and conditions; "Software" means any Product which is software including without limitation operating systems, bundled software, stand alone software and downloadable software; "Web Order Number" means the order number issued by us to you; "Working Day" means any day other than a Saturday, a Sunday or a public holiday in the Republic of Ireland. 17.2 Screenway Ltd is a company registered in the Republic of Ireland with its registered office at Galway Business Park, Dangan, Galway, Ireland and with registered number 342382. 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