Legal

Supply of Services

The following terms and conditions apply to the supply of services to you the customer by Thinking Arts.

No contract shall exist between you and Thinking Arts for the provision of any service until Thinking Arts has given you a specific proposal for the supply of that service and you have accepted it. (Payment for a service following such a proposal shall be deemed to be acceptance of the proposal.)

Standard Solutions and upgrades and support for them (including web hosting) are supplied subject to the terms and conditions of the Thinking Arts Standard Solutions Agreement.

Custom Solutions are supplied subject to the terms and conditions of the Thinking Arts Website Devlopment Agreement. Support (including web hosting) for Custom Solutions is provided under the terms and conditions of the Thinking Arts  Support Agreement.

Supply of Goods
The following terms and conditions apply to the supply of physical goods to you the customer by Thinking Arts.

Contract
No contract exists between you and Thinking Arts for the sale and supply of any goods until such time as Thinking Arts has received and accepted your order and received cleared payment in full.

Order Cancellation, Returns  and Refund
   1. You have the right to cancel an order for goods and receive a full refund of any payment made for them at any time up to the end of the 7th working day after you receive the goods.
   2. To exercise your right to cancel you must give written notice to Thinking Arts by post or by e-mail using the contact information on the Contact Us page of the Thinking Arts website's (www.thinkingarts.com) .
   3. Except in the case of faulty or mis-described goods, if you are exercising your right to cancel after the goods have been delivered to you, you will be responsible for returning the goods to us at your own cost. You must take reasonable care to ensure the goods are not damaged whilst in your possession or in transit. If you do not return the goods as required we may charge you a sum not exceeding the direct costs of recovering the goods.
   4. You do not have the right to cancel the order if the order is for computer software that has been supplied with a seal that you have broken, or for consumable goods, save where a fault is discovered that could not have been identified otherwise than unsealing the goods.

Warranty
All physical goods are warranted free from defects for 12 months from the date of supply (unless otherwise stated). Should a defect be found Thinking Arts shall at its sole discretion either repair or replace  the goods.

Liability
If you are a consumer Thinking Arts shall not be liable to you for any loss or damage in circumstances where:

         1. there is no breach of a legal duty owed to you it or by its employees or agents;
         2. such loss or damage is not a reasonably foreseeable result of any such breach;
 
Nothing in these conditions excludes or limits the liability of the Thinking Arts for death or personal injury caused its negligence or fraudulent misrepresentation.

If you are a business customer Thinking Arts shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement.

Law
This Agreement is to be interpreted in accordance with English Law but may be subject for Consumers to the jurisdiction of the English, Welsh, Northern Irish or Scottish courts. If any part of these Conditions are found to be unenforceable by a court, the rest are unaffected.