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Terms and Conditions

All Orders for Goods or Services accepted by us will be subject to the following Terms which will form part of and will govern the Contract of sale. No variation of these Terms will be accepted unless agreed in writing by an authorised person of Novavox. We will not accept the inclusion of any alternative terms which conflict with, alter or add to these Terms. We reserve the right, at our discretion, to update and/or revise these Terms & Conditions. Please check periodically for changes.

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1. Definitions
2. Pricing and Payment
3. Availability
4. Delivery
5. Canceling Your Order
6. Damaged or Faulty Products
7. Returns
8. Lost Items
9. Title and Risk
10. Company Information

1. Definitions

Novavox/We: Novavox Limited, supplier of the products or service Consumer: An individual who buys or agrees to buy products and/or services from Novavox for private use Business Customer: Legal entity or person who buys or agrees to buy products and/or services from Novavox other than for private use Contract: The contract for the sale and purchase of products or service from Novavox Working days: Monday to Friday inclusive but excluding bank holidays Customer/You: An individual or legal entity who buys or agrees to buy products and/or services from Novavox

2. Pricing and Payment

2.1 The price payable by the Customer will be the price current at the time of the order. Unless otherwise stated all prices are in Pounds Sterling £ and exclusive of value added tax, shipping, insurance and installation. Customers located outside the United Kingdom are required to make payment in Pounds Sterling. All currency conversions provided are approximate; the actual exchange rate will be calculated by your bank.

2.2 Reservation of Products does not constitute an order and is not binding on either party. Acceptance of your order and the completion of the contract between you and us will take place on dispatch to you of the products ordered unless we have notified you that we do not accept your order or you have cancelled it. Errors and omissions are accepted and images are for illustrative purposes only.

2.3 When ordering products that need to be shipped overseas, you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for custom clearance must be borne by you; Novavox have no control over these charges and cannot predict what they may be.

3. Availability

3.1 All orders are subject to availability. Once an item is sold out it will be taken off the website at the earliest opportunity and may not be available again. Prices of products may change from time to time. If items that you order are out of stock, subject to a delay or the price is higher than that shown on your order, we will try to contact you at the email address you provided when placing your order.

3.2 In case of delays caused by circumstances beyond the control of Novavox or it's suppliers, Novavox shall have the right to either suspend delivery or to cancel the contract without liability. Examples of Uncontrollable Events are (by way of example and not limited to) strike, lockout, riot, revolution, war, epidemic, working difficulties, transportation difficulties, fire, and failure of suppliers or official regulations.

3.3 If you do not respond to our emails and the product is subject to delay then we will assume that you wish to proceed with the order and will despatch your order at the earliest opportunity. If a product is discontinued or if you decide to cancel your order and we have already processed your payment, you will receive a full refund.

4. Delivery

4.1 Novavox provides worldwide shipping and delivery times are dependant on the country and shipping method selected. In most cases orders for which payment has been received by 3pm (GMT) will be processed and despatched the same day (bank holidays and weekends excluded). If payment is received after 3pm (GMT), the order will be processed and despatched the next working day.

4.2 A signature is required on delivery from someone at the specified address for Royal Mail signed for items. If there is no one at the delivery address to accept the parcel, a card should be left and the parcel can be collected from the local sorting office , or alternatively a redelivery can be arranged. If delivery has been unsuccessful after approximately 7 days, the parcel will be returned to Novavox.

4.3 A signature is required on delivery from someone at the specified address for all courier shipping options. if you are unavailable on the delivery date, the courier should leave a calling card and take the parcel back to your local depot. The delivery should then be automatically attempted later the same day or the next day. If delivery is still unsuccessful then your parcel will be held until you contact the courier to rearrange the delivery on a more convenient day. If there’s no one available to take delivery at the address specified you can collect the parcel from your local depot, with 2 forms of identification. If delivery has been unsuccessful after approximately 5 days and the courier has been unable to contact you, the parcel will be returned to Novavox.

4.4 Redelivery of goods returned to Novavox will be chargeable at the appropriate rate. Wherever possible we will contact you to ensure delivery is successful, however in the event of us not being able to contact you we will hold returned goods until you have instructed us to re-deliver. In the event of a refund being requested we require written notification by email fax or post.

4.5 Royal Mail Recorded deliveries are only tracked at the point of delivery. In the event of non-delivery Royal Mail investigations can only be initiated after 15 working days have elapsed from the date of posting for UK deliveries, 20 days for European deliveries, and 25 days for the rest of the world. For this reason we are unable to offer advanced replacements or refunds on any items lost in transit using Royal Mail services. Royal Mail investigations into lost/damaged deliveries can take up to 3 months, and we are unable to provide a refund or a replacement until Royal Mail have completed their investigations. If these terms are not acceptable then we recommend using a courier delivery option instead. With courier delivery options, if items are lost then a refund or a replacement will be provided as soon as we receive confirmation of the loss from the courier.

4.6 All deliveries are subject to clearance of funds and stock availability, this combined with the third party nature of courier services means that, whilst we always try to keep to promised delivery dates, occasionally goods may arrive late. Invariably this is to do with factors outside of Novavox’s control. For this reason we cannot offer guarantees on delivery dates or accept any liability for losses as a result of late deliveries.

5. Canceling Your Order

Cancellation rights are different for consumers and Business Customers.

5.1 Consumers (private individuals): If you change your mind about any item ordered for any reason and wish to return it, then in line with the Distance Selling Regulations (DSR) you can do so provided you inform us of your decision by email within 14 days after delivery. Once you've informed us that you wish to return products under the DSR, you have 28 calendar days to do so, at your own expense. The item must not be used and must be 'as new' in the unopened original packaging when returned to us. Once the item is received by Novavox, we'll issue a full refund using the original payment method for the item including the original
delivery charge.

5.2 Business Customers: Business to business contracts are not covered by the DSR. However, we want our Business Customers to be happy with their purchases and therefore if you change mind and wish to return an item, you can do so provided you inform us of your decision by email within 14 days after delivery. Once you've informed us that you wish to return products, you have 28 calendar days to do so, at your own expense. The item must not be used and must be 'as new' in the unopened original packaging when returned to us. Once the item is received by Novavox, we'll issue a refund using the original payment method for the item
minus the delivery charge.

5.3 Cancellation Right Exclusions: OctWare SoftEcho License Keys are bound to a single hardware platform and cannot be unregistered. As such, OctWare SoftEcho licence keys are excluded from the Distance Selling Regulations. Orders for SoftEcho licence keys cannot be cancelled once the licence key has been emailed to the customer.

6. Damaged or Faulty Products

6.1 We endeavour to ensure that you receive your goods in pristine condition. If any items are visibly damaged or missing on receipt, you must sign the carrier's delivery note accordingly and inform us as soon as possible but no later than 48 hours after receiving the order. Items should be returned in their original packaging complete with all accessories and documentation. Once we receive the returned item(s) we will send you out a replacement, or provide you with a full refund if we do not have any replacements in stock. We will pay for the cost of returning the item to us providing the cost is reasonable and you can provide a receipt for the delivery cost if requested.

6.2 If your items are faulty on arrival, you have 14 calendar days in which to inform us of the fault. Items should be returned in their original packaging complete with all accessories and documentation. Once we have verified the fault, we'll issue a replacement or full refund to you via your original payment method and reimburse your reasonable return carriage costs. We test returned items, and if a returned item is found not to be faulty by our technicians we will return the item to you, in this instance you will be liable for the return carriage.

6.3 If there is a fault with your product within 12 months from the date of delivery (or within the manufacturers guarantee period if greater than 12 months) then you are entitled to a warranty repair. This promise does not cover faults caused by accident, neglect, misuse or normal wear and tear. The item should be returned to us at your own expense in using the original packaging complete with all accessories and documentation where possible. Once we receive the item, we will repair the fault or provide a replacement. If a returned item is found not to be faulty by our technicians we will return the item to you and you will be responsible
for all return carriage costs.

7. Returns

7.1 If you need to return an item to us for any reason then using a shipping method that provides proof of delivery is recommended to ensure products are not lost in transit. If we do not receive an item that you have returned and you are unable to provide proof of delivery then we will not be able to provide a refund or replacement.
7.2 Before returning an item, please contact us so that we can provide you with a Return Authorization Number (RMA). Items should be returned to us within 28 days complete with all accessories and documentation and if possible in their original packaging.

8. Lost Items

8.1 Our couriers use robust tracking systems and provide detailed online tracking information. In the unlikely event that an item is lost, this information will be made available via the detailed online tracking information and a refund or a replacement will be provided as soon as we receive official confirmation of the loss from the courier.

8.2 Royal Mail Recorded deliveries are only tracked at the point of delivery. In the event of non-delivery Royal Mail investigations can only be initiated after 15 working days have elapsed from the date of posting for UK deliveries, 20 days for European deliveries, and 25 days for the rest of the world. For this reason we are unable to offer advanced replacements or refunds on any items lost in transit using Royal Mail services. Royal Mail investigations into lost/damaged deliveries can take up to 3 months, and we are unable to provide a refund or a replacement until Royal Mail have completed their investigations. If these terms are not acceptable then we
recommend using a courier delivery option instead.

9. Title and Risk

9.1 The risk in the goods shall pass from Novavox to the Customer upon delivery of such goods to the Customer. However, notwithstanding delivery and the passing of risk in the goods, title and property in the goods, including full legal and beneficial ownership, shall not pass to the
Customer until Novavox has received in cash or cleared funds payment in full for all goods delivered to the Customer under this and all other contracts between Novavox and the Customer for which payment of the full price of the goods thereunder has not been paid. Payment of the full price of the goods shall include the amount of any interest of other sum payable under the terms of this and all other contracts between Novavox and the Customer under which the goods were delivered. Novavox shall be entitled to recover payment for the goods even though ownership of any of the goods has not passed to the Customer.

9.2 Until ownership of the goods has passed to you, you must store the goods (at no cost to Novavox) separately from all your other goods and goods of any third party in such a way that they remain readily identifiable as the property of Novavox. The Customer must not destroy, deface or obscure any identifying mark or packaging on or relating to the goods; maintain the goods in satisfactory condition and keep them insured on behalf of Novavox for their full price against all risks to the reasonable satisfaction of Novavox.

9.3 If you are a Business Customer your right to possession of the goods shall terminate immediately if:

9.3.1 You have a bankruptcy order made against you or make an arrangement or composition with your creditors, or otherwise take the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convene a meeting of creditors (whether formal or informal), or enter into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or have a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or a resolution is passed or a petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible
insolvency; or

9.3.2 You suffer or allow any execution, whether legal or equitable, to be levied on your property or obtained against you or you are unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986 or you cease to trade; or

9.3.3 You encumber or in any way change any of the goods.

10. Company Information

10.1 Novavox Limited is registered in England - Number: 06363978; Registered office - Popeshead Court Offices, Peter Lane, York, YO1 8SU, UK; Tel - 01904 500155; Email - sales@novavox.co.uk

10.3 Novavox is VAT registered - Number: GB 916422731

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