TA Shop - Terms and Conditions of Sale 

 IMPORTANT: PLEASE READ THESE TERMS AND CONDITIONS OF SALE CAREFULLY.  THESE GENERAL TERMS AND CONDITIONS OF SALE (“TERMS”) GOVERN PURCHASES OF PRODUCTS (DEFINED BELOW) FROM TABLET ACADEMY LIMITED KNOWN HEREAFTER AS “TA SHOP” ANY ADDITIONAL OR DIFFERENT TERMS IN ANY FORM DELIVERED BY YOU (“THE CUSTOMER”) ARE HEREBY DEEMED TO BE MATERIAL ALTERATIONS AND NOTICE OF OBJECTION TO THEM AND REJECTION OF THEM IS HEREBY GIVEN. SUCH ADDITIONAL OR DIFFERENT TERMS AND CONDITIONS CONTAINED IN ANY FORM PROVIDED BY THE CUSTOMER, SUCH AS A PURCHASE ORDER, WILL BE NULL AND VOID.  BY PLACING AN ORDER FOR PRODUCTS (THE “PRODUCTS”) DESCRIBED IN TA SHOP’S SALES QUOTE, INVOICE, PURCHASE ORDER FORM, OR OTHER DOCUMENTATION PROVIDED BY TA SHOP, THE CUSTOMER AGREES TO BE BOUND BY AND ACCEPTS THESE TERMS UNLESS THE CUSTOMER AND TA SHOP HAVE SIGNED A SEPARATE AGREEMENT WHICH EXPRESSLY OVERRIDES THESE TERMS, IN WHICH CASE THE SEPARATE AGREEMENT WILL BE INFORCE.  GENERAL DESCRIPTIONS OF THE PRODUCTS POSTED ON THE TA SHOP WEBSITE DO NOT CONSTITUTE PART OF THE AGREEMENT BETWEEN TA SHOP AND THE CUSTOMER.    

Application of Terms; Customer Acknowledgment 

 By placing an order, the Customer acknowledges and accepts these Terms. These Terms are subject to change without prior notice, except that the Terms posted on TA Shop’s website at the time the Customer initially places or modifies an order will govern the order or order modification in question.  

These Terms govern the relationship between the Customer and TA Shop with respect to the Customer’s purchase of the Products and constitute a binding contract between the Customer and TA Shop.   

Governing Law 

 THIS AGREEMENT IS GOVERNED BY AND SHALL BE CONSTRUED UNDER THE LAWS OF ENGLAND. ANY DISPUTE BETWEEN THE PARTIES SHALL BE BROUGHT EXCLUSIVELY IN THE COURTS SITTING IN ENGLAND.  

 

Except in the case of non-payment, neither party may institute any action in any form arising out of these Terms more than one (1) year after the conduct or event giving rise to the cause of action occurred. The rights and remedies provided TA Shop under these Terms are cumulative, are in addition to, and do not limit or prejudice any other statutory right or remedy of TA Shop at law or in equity.   

Purchase Price 

 The prices of the Products are listed on TA Shop’s website, quotes, or catalogues. Prices are subject to change without notice.  

  

Shipping; Risk of Loss; Security Interest 

 Title to Products and risk of loss or damage during shipment pass from TA Shop to the Customer upon delivery to the specified destination (F.O.B. Destination, freight prepaid and added). Notwithstanding the foregoing, title to software will remain with the applicable licensor(s), and the Customer’s rights therein are contained in the license agreement between such licensor(s) and the Customer.  TA Shop charges shipping and handling fees for every shipment, unless a special promotion or contract term provides otherwise; such cost includes the freight charged by the carrier, packaging, and handling, but does not necessarily equal a direct pass-through of such cost to the Customer.  TA Shop retains a security interest in the Products until payment in full is received. The Customer will be responsible for all shipping and related charges where appropriate and indicated in a quotation or proforma invoice.  Delivery times are estimates only. TA Shop does not hold large quantities of stock and therefore relies upon third-party distributors.  TA Shop shall not be liable for delays of any kind including but not limited to delays which result from any circumstances beyond TA Shop’s control, including without limitation, product unavailability, carrier delays, delays due to fire, severe weather conditions, failure of power, labour problems, acts of war, terrorism, general insurrection, acts of God or acts of any government or agency.   

 

LIMITED MANUFACTURER’S WARRANTY 

 The Customer understands that TA Shop is not the manufacturer of the Products purchased by the Customer hereunder and the only warranties offered are those of the manufacturer, not TA Shop. In purchasing the Products, the Customer is relying on the manufacturer’s specifications only and is not relying on any statements, specifications in brochures, photographs or other illustrations representing the products that may be provided by TA Shop.  TA SHOP HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES EITHER EXPRESS OR IMPLIED, RELATED TO THE PRODUCTS SOLD, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF TITLE, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGMENT. THIS DISCLAIMER DOES NOT AFFECT THE TERMS OF THE MANUFACTURER’S WARRANTY, IF ANY. 

 

The Customer expressly waives any claim that it may have against TA Shop based on any product liability or infringement or alleged infringement of any patent, copyright, trade secret or other intellectual property rights (each a “Claim”) with respect to any Product and also waives any right to indemnification from TA Shop against any such Claim made against the Customer by a third party. The Customer acknowledges that no employee of TA Shop is authorised to make any representation or warranty on behalf of TA Shop that is not in this Agreement.  TA Shop makes no warranties to the Customer and the Customer hereby acknowledges that TA Shop makes no warranties in regard to the applicability of all laws and regulations affecting, without limitation the manufacture, performance, sale, packaging and labelling of the Products which are in force within the Customer’s territory. 

 The Customer further acknowledges and agrees that TA Shop makes no representations, warranties or assurances that the Products are designed for or suitable for use in any high-risk environment, including but not limited to aircraft or automobile safety devices or navigation, life support systems or medical devices, nuclear facilities, or weapon systems, and the Customer agrees to indemnify TA Shop in TA Shop with any such use of the Products. Customer further agrees to review and comply with the manufacture’s disclaimers and restrictions regarding the use of the Products in high-risk environments.  In the event of a software product, the Customer shall be solely responsible for daily back-up and other protection of its data and software against loss, damage or corruption. The Customer shall be solely responsible for reconstructing data (including but not limited to data located on disk files and memories) and software that may be lost, damaged or corrupted as a result of the Products. 

 

TA SHOP AND ITS SUPPLIERS, SUBCONTRACTORS AND AGENTS ARE HEREBY RELEASED AND SHALL CONTINUE TO BE RELEASED FROM ALL LIABILITY IN TA SHOP WITH THE LOSS, DAMAGE OR CORRUPTION OF DATA AND SOFTWARE, AND CUSTOMER ASSUMES ALL RISK OF LOSS, DAMAGE OR CORRUPTION OF DATA AND SOFTWARE IN ANY WAY RELATED TO OR RESULTING FROM THE PRODUCTS.   

Pricing Information; Availability; Errors and Omissions Disclaimer 

 All pricing is subject to change. TA Shop reserves the right to make adjustments to pricing and Products offerings for reasons including, but not limited to, changing market conditions, Product discontinuation, Product unavailability, manufacturer price changes and errors in advertisements. All orders are subject to product availability. Therefore, TA Shop cannot guarantee that it will be able to fulfil the Customer’s orders.   

Limitation of Liability 

 TA SHOP SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTIAL, PUNITIVE, OR OTHER INDIRECT DAMAGES, REGARDLESS OF THE CAUSE OF ACTION, AND EVEN IF CUSTOMER HAS ADVISED TA SHOP OF THE POSSIBILITY OF SUCH DAMAGES.   

Orders; Payment Terms; Interest; Taxes 

 Orders are not binding upon TA Shop until accepted by TA Shop. Terms of payment are within TA Shop’s sole discretion. Invoices are due and payable within the time period specified on the invoice, measured from the date of invoice. TA Shop may invoice parts of an order separately. Educational Institutions may pay via PO and Invoice terms by emailing finance@tablet.academy. Non-educational institutions must pay online. The TA Shop does not have the facility for card payments via the telephone.      The Customer is solely responsible for, and will indemnify and hold TA Shop harmless from, any applicable taxes, or other fees associated with the order. Customer must claim any exemption from such taxes, or other fees at the time of purchase and provide TA Shop with the necessary supporting documentation. Any applicable tax or fees are based on the location to which the order is shipped. In the event of a payment default, the Customer will be responsible for all of TA Shop’s costs of collection, including court costs, filing fees and attorney’s fees. In addition, if payments are not received as described above, TA Shop reserves the right to suspend Services until payment is received. The Customer hereby grants to TA Shop a security interest in the Products to secure payment in full. Customer authorizes TA Shop to file a financing statement reflecting such security interest.  

Returns 

 The following terms and conditions apply to all sales unless there is a written contractual agreement stating otherwise.   All Returns Are Subject to Manufacturers' Policies  Return privileges are subject to various manufacturers' policies. Many manufacturers have imposed certain return restrictions. Consequently, TA Shop reserves the right to decline specific return requests based on those restrictions. Be sure to ask TA Shop about specific return conditions before you purchase any item. 

 Packaging of Returns  All returns, defective or otherwise, must be 100% complete in ALL original boxes and packing material, have original manufacturer's packaging, and contain all blank warranty cards, accessories, and documentation provided by the manufacturer. Incomplete returns, open or used products, or products not in new condition will be assessed additional restocking fees depending on condition and TA Shop’s ability to remarket the returned product. TA Shop will refuse any return of items missing UPC codes.   Non-refundable Charges  Labour, installation services, and shipping charges are non-refundable. The Customer is responsible for all return shipping charges; therefore, all returns must be shipped prepaid. TA Shop recommends that you send your return via a trackable service with appropriate insurance. TA Shop is not responsible for lost parcels.   Return Privileges for Non-Defective Items  All non-defective returns authorised by TA Shop must be authorised for return within 15 days from date of receipt. No refunds will be issued after such 30-day period. Authorisation may be obtained by calling TA Shop on +44 1952 567450 or by e-mail at customer-service@tablet.academy. The Customer will be issued a Return Merchandise Authorisation (RMA) which is valid for 10 days. Failure to return a product within a 15-day authorisation period will be deemed to be an acceptance of the product. 

  Defective/Dead on Arrival (DOA) Merchandise  DOA products must be reported to TA Shop on +44 1952 567450 or by e-mail at customer-service@tablet.academy within the first 30 days of receipt and, if deemed by us to be defective, may be repaired or replaced at TA Shop’s sole discretion. Some manufacturers and publishers require DOAs to be handled directly with the manufacturer, and in these cases, TA Shop will provide the contact information. DOA returns that prove through testing not to be defective are subject to a minimum 15% restocking fee. After 30 days, the manufacturer's warranty process must be followed.   Damaged Products  All packages shipped from TA Shop directly are inspected prior to shipment. However, from time to time, damage during shipping may occur. Packages that are obviously damaged should be refused upon original delivery attempt. If the package is accepted, then any damage should be noted on the carrier delivery record prior to the driver leaving your premises. Any hidden or internal damage to any product must be reported to TA Shop on +44 1952 567450 or by e-mail at customer-service@tablet.academy within the first 7 days of receipt to arrange for a carrier inspection and return of the damaged product(s). Please save the product, the shipping carton, and all manufacturer packaging. Timely receipt of this information is necessary for TA Shop to file a damage claim. Failure to notify TA Shop of damage within this time period will be deemed an acceptance of the product, and standard return policies will apply.   Refused Orders  Shipping charges are not refundable if shipment is refused at the time of delivery. In addition, refused orders will be subject to additional shipping charges to cover the cost of returning the products to TA Shop.   Additional Conditions of Return, Cancellation and Auto-Renewals  Subject to the above terms and conditions, orders may be returned or cancelled only upon the manufacturer’s  

 

  1. agreement to accept return or cancellation, 
  2. release of TA Shop from its payment obligations, and 
  3. refund to TA Shop of all payments made by TA Shop in association with the order. 

 

The Customer must pay the costs of return packaging, shipping, and handling, as well as any restocking fees that a manufacturer may charge in association with an accepted return or cancellation. Should a manufacturer refuse to allow return or cancellation, then the Customer must pay TA Shop all amounts owed under the order.  

 

Termination of any automatically renewing order is subject to the notice requirements of the manufacturer. The Customer must notify TA Shop in writing of their intent to not renew such orders at least 30 days in advance of the deadline established by the manufacturer for non-renewal notices. The Customer must pay for any orders which renew because of the Customer’s failure to provide timely notice as specified herein. The Customer will reimburse TA Shop for any costs and attorneys’ fees incurred by TA Shop in enforcing the Customer payment obligations or these terms.   

Equal Opportunity Employer 

 TA Shop is an equal opportunity employer and adhere to UK government discrimination legislation. This legislation prohibits discrimination against individuals with disabilities and prohibit discrimination against all individuals based on their race, colour, religion, sex, sexual orientation, gender identity or national origin.  

 

This legislation also requires that TA Shop take affirmative action to employ and advance in employment individuals without regard to disability, race, colour, religion, sex, sexual orientation, gender identity, or national origin.   

Vendor License Agreements 

 If the Products include software or other products acquired pursuant to a subscription or other licensing arrangement, the manufacturer of such products may require end users to agree to additional terms and conditions, including an End User License Agreement (“EULA”) or similar agreement. It is the Customer’s or other end user’s responsibility to make themselves aware of, review, understand and agree to any such additional terms and conditions and/or the terms of any such EULA or other agreement. By accepting these Terms, Customer is acknowledging to TA Shop that it has reviewed, understands, and agrees to the terms of any EULA or similar agreement applicable to the Products it is purchasing from TA Shop.   

Miscellaneous 

 TA Shop may assign or subcontract all or any portion of its rights or obligations with respect to the sale of Products or assign the right to receive payments, without the Customer’s consent. The Customer may not assign these Terms, or any of its rights or obligations herein without the prior written consent of TA Shop. Subject to the restrictions on assignment contained herein, these will be binding on and inure to the benefit of the parties hereto and their successors and assigns.  No provision of these Terms will be deemed waived, amended or modified by either party unless such waiver, amendment or modification is in writing and signed by both parties.  In the event any section or portion of a section of these Terms are deemed unlawful or unenforceable, that section or portion of a section shall be stricken from the Terms, and the remaining terms shall continue in full force and effect.