Terms of Sale

Background

These Terms of Sale, together with any and all other documents referred to herein, set out the terms under which Goods are sold by Us to consumers through this website, rwprodev.co.uk (“Our Site”). Please read these Terms of Sale carefully and ensure that you understand them before ordering any Goods from Our Site. You will be required to read and accept these Terms of Sale when ordering Goods. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Goods through Our Site. These Terms of Sale, as well as any and all Contracts are in the English language only.

1. Definitions and Interpretation

In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

"Contract"

means a contract for the purchase and sale of Goods, as explained in Clause 8;

"Goods"

means the goods or products sold by Us through Our Site;

"Order"

means your order for Goods;

"Order Confirmation"

means our acceptance and confirmation of your Order;

"Order Number"

means the reference number for your Order; and

"We/Us/Our"

means Kennerty Consulting Ltd., a limited company registered in England & Wales under company number 9345386, whose registered address is 71-75 Shelton Street, Covent Garden, WC2 H 9JQ, United Kingdom.

2. Information About Us

Our Site, rwpro.dev, is owned and operated by Kennerty Consulting Ltd., a limited company registered in England & Wales under company number 9345386, whose registered address is 71-75 Shelton Street, Covent Garden, WC2H 9JQ, United Kingdom.

Our VAT number is 293539663.

Our Data Protection Officer can be contacted by email at DPO@kennerty.com, or by post at Kennerty Consulting Ltd, 71-75 Shelton Street, Covent Garden, WC2H 9JQ, United Kingdom.

3. Access to Our Site

Access to Our Site is free of charge.

It is your responsibility to make any and all arrangements necessary in order to access Our Site.

Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

Use of Our Site is subject to our Website Terms & Conditions. Please ensure that you have read them carefully and that you understand them.

4. Age Restrictions

Consumers may only purchase Goods through Our Site if they are at least 18 years of age.

5. Goods and Availability

All products sold through this website require RapidWeaver by Realmac Software, and the Stacks plugin, by Yourhead Software. They will not install or work with any other publishing platforms (such as Flow, Drupal, Blocs or Wordpress). Compatibility is listed on each individual product page.

The following types of products are or may be available on our website from time to time:

RapidWeaver Stacks - an add-on for Stacks by Yourhead Software.

RapidWeaver Plugins - an add-on for RapidWeaver by Realmac Software.

RapidWeaver Themes - an add-on for RapidWeaver by Realmac Software.

We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product.

6. Pricing

Our prices are quoted on our website.

We will from time to time change the prices quoted on our website, but this will not affect contracts that have previously come into force.

All amounts stated in these terms and conditions or on our website are stated exclusive of VAT.

It is possible that prices on the website may be incorrectly quoted; accordingly, we will verify prices as part of our sale procedures so that the correct price will be notified to you before the contract comes into force.

7. Ordering

The advertising of products on our website constitutes an "invitation to treat" rather than a contractual offer.

No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section 7.

To enter into a contract through our website to purchase products from us, the following steps must be taken:

you must add the products you wish to purchase to your shopping cart, and then proceed to the checkout;

you must enter the personal information that is requested and agree to the terms of this document;

you should enter any promotional discount coupon codes in the relevant text box;

you should choose your payment method, and be transferred to our payment service provider's website, and our payment service provider will handle your payment;

We will send you via email an order confirmation, at which point your order will become a binding contract;

You should download your chosen product(s) using the download links in the order confirmation email.

8. Payments

You must, during the checkout process, pay the prices of the products you order.

Payments may be made by any of the permitted methods specified on our website from time to time.

If you fail to pay to us any amount due under these terms and conditions in accordance with the provisions of these terms and conditions, then we may withhold the products ordered and/or by written notice to you at any time cancel the contract of sale for the products.

If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:

an amount equal to the amount of the charge-back;

all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);

an administration fee of GBP 25.00 including VAT; and

all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 8.4 (including without limitation legal fees and debt collection fees),

and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 8.4.

9. License Agreement

You may use purchased products for an unlimited number of personal or commercial projects and request technical support.

We permit you to install our products onto all computers that you own and you are permitted to make private archival backup copies (e.g. iCloud, Google Drive or Dropbox, etc.).

You may not resell, redistribute or make our products available for download, remove copyright credits, license information, or claim any of our products to be your own creation. This includes free, demo or paid products, in modified or unmodified states.

Our products are provided "as is" without any implied or expressed warranty of merchantability or fitness for purpose. In no event shall the authors or copyright holders be liable for any claim, damages or other liability, whether in an action of contract, tort or otherwise arising from, out of or in connection with our products or the use or other dealings in our products.

10. Copyright and Ownership

Purchase of a product from this website grants you a license to use the purchased product in accordance to the conditions listed above. We reserve all rights and retain copyright and ownership of all images, themes, stacks, plugins, code snippets, designs, graphics, source code, video tutorials, screencasts, etc. unless otherwise stated.

11. Refunds

RapidWeaver stacks, plugins and themes are considered to be downloadable software, and like any software, once opened or downloaded, cannot be returned. No refunds will be given under any circumstances unless otherwise stated, or the purchased product has not yet been downloaded. Please contact us before purchasing if you have any questions about a particular product.

12. Privacy and Cookies

Use of Our Site is also governed by Our Privacy Policy, and Our Cookie Policy. These policies are incorporated into these Terms of Sale by this reference.

13. Changes to these Terms of Sale

We may alter these Terms of Sale at any time. If We do so, details of the changes will be highlighted at the top of this page. Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented. You are therefore advised to check this page from time to time.

In the event of any conflict between the current version of these Terms of Sale and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

14. Contacting Us

To contact Us, please email Us at c7a0a2b3b4b2b7b7a8b5b387b5b0b7b5a8e9a3a2b1 or using any of the methods provided on Our support page.

15. Communications from Us

If We have your contact details, We may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes and changes to these Terms of Sale.

We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time. Any and all marketing emails sent by Us include an unsubscribe link. If you opt out of receiving emails from Us at any time, it may take up to 10 business days for Us to comply with your request. During that time, you may continue to receive emails from Us.

For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us at c7a0a2b3b4b2b7b7a8b5b387b5b0b7b5a8e9a3a2b1 or using any of the methods provided on Our support page.

16. Data Protection

Any and all personal information that We may collect will be collected, used and held in accordance with the provisions of the General Data Protection Regulation (GDPR) and your rights and Our obligations under that Act.

We may use your personal information to:

Reply to any communications you send to Us;

Send you important notices, as detailed in Clause 15;

Marketing emails containing special offers, promotions, or free gifts, but only if you gave us consent as detailed in Clause 15;

We will not pass on your personal information to any third parties.

More information regarding data protection can be found on our Data Protection Policy page.

17. Law and Jurisdiction

These Terms of Sale, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.

If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 16.1 above takes away or reduces your rights as a consumer to rely on those provisions.

If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms of Sale, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

If you are a business, any disputes concerning these Terms of Sale, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the non-exclusive jurisdiction of the courts of England & Wales.

Last Updated:9^th Nov 2020

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