Terms and Conditions of Sale

 

1 DEFINITIONS

"Confetti and Cake" means Confetti and Cake of  5 Cunningham Way, Eaton Socon, Cambs, PE19 8NJ

"Confetti and Cake Website" means the website currently owned and operated by Confetti and Cake at the following web address :-
confettiandcake.com

"Buyer" means the individual or organisation who buys or agrees to buy the goods and/or services from the Confetti and Cake Website.

2 CONDITIONS

2.1 These Terms and Conditions shall apply to all contracts for the sale of goods and/or services via the Confetti and Cake Website to the Buyer and shall prevail over any other documentation or communication from the Buyer.

2.2 No variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be applicable unless agreed in writing by Confetti and Cake.

2.3 Any complaints should be addressed to Confetti and Cake's address stated in Section 1.

2.4 The goods and services available via the Confetti and Cake Website are currently only available to Buyers within the United Kingdom.

3 ORDERING VIA THE WEBSITE

3.1 All orders for goods and/or services via the Confetti and Cake Website shall be deemed to be an offer by the Buyer to purchase pursuant to these Terms and Conditions and are subject to acceptance by Confetti and Cake.

3.2 When making a purchase through the Confetti and Cake Website, the sequence to be followed is as listed below :-

The Buyer will :-

- Take reasonable care to ensure that the products and services to be purchased are suitable for the purpose intended and also suitable for implementation on the computer system. The Confetti and Cake Website will contain details of the facilities, prices and system requirements for the products and services offered.

- Understand the price to be paid for the goods and services to be purchased.

- Be responsible for reading the Terms and Conditions of Supply (this document) as published on the Confetti and Cake Website.

- From the Ordering screen, complete the order form and send together with payment to Confetti and Cake at the address stated on the order form. All displayed and entered information will be in the English language.

After the order has been accepted by Confetti and Cake and full payment has been received and cleared, Confetti and Cake will either forward by regular post, or via Email to the Buyer :-

- Either a CD containing a single user version of the Confetti and Cake Wedding Planner Software or a link to download a single user version of the Confetti and Cake Wedding Planner Software.

- An Activation Key that will enable the package for perpetual use.

- The Confetti and Cake Active Help package.

- Instructions on installation.

- A printed or printable invoice for the purchase.

4. INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights in the Confetti and Cake software package remain with Confetti and Cake. The terms of use of the package by the Buyer are defined in the Confetti and Cake End User Licence Agreement.

5 CONFETTI AND CAKE'S RIGHTS

5.1 Confetti and Cake reserves the right to periodically update prices on the Confetti and Cake Website, which cannot be guaranteed for any period of time.

5.2 Confetti and Cake reserves the right to withdraw or discontinue to offer any Goods and/or Services from the Confetti and Cake Website at any time and shall not be liable to anyone as a consequence.

6. LIMITATION OF LIABILITY

6.1 In the event of any breach of these Terms and Conditions by Confetti and Cake the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Goods and/or Services and Confetti and Cake shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.

6.2 Nothing in these Terms and Conditions shall exclude or limit the liability of Confetti and Cake for death or personal injury resulting from the negligence of Confetti and Cake or its employees.

7. WAIVER

No waiver by Confetti and Cake (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.

8. FORCE MAJEURE

Confetti and Cake shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to, acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and Confetti and Cake shall be entitled to a reasonable extension of its obligations.

9. SEVERANCE

If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.

10. CHANGES TO TERMS AND CONDITIONS

Confetti and Cake shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.

11. GOVERNING LAW AND JURISDICTION

These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.

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