Conditions of sales
Please read these terms and conditions carefully before completing the order form.
This is a legal document which constitutes an agreement between you and VIDATECH Ltd the owner of Moviesoft trade name.
If you do not agree to these terms and conditions, do not use this on-line facility.
These terms and conditions are subject to change at any time without notice at the sole discretion of VIDATECH Ltd
Terms and conditions
1.1 These terms and conditions shall govern the sale and supply of Products through our website, and the use of those Products.
1.2 You will be asked to give your express agreement to these terms and conditions before you place an order on our website.
1.3 This document does not affect any statutory rights you may have as a consumer.
2.1 In these terms and conditions:
(a) “we” means VIDATECH Limited trading as Moviesoft (and “us and “our” should be construed accordingly);
(b) “you” means our customer or prospective customer under these terms and conditions (and “your” should be construed accordingly);
(c) “Products” means the products that are available for purchase on our website in a shrink-wrapped box or in a downloadable version but also the online education services that are available for purchase on our website and exclusively delivered online and/or by email.
(d) “your Products” means any such Products that you have purchased through our website;
(e) “consumer” means any individuals acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession
3. Order process
3.1 The Products are displayed in the Products & Services Section.
3.2 The advertising of Products on our website constitutes an “invitation to treat” rather than a contractual offer.
3.3 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 3
3.4 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; if you are a new customer, you must then create an account with us and log in; if you are an existing customer, you must enter your login details; once you are logged in, you must consent to the terms of this document; you will be transferred to our payment service provider’s website, and our payment service provider will handle your payment; we will then send you an initial acknowledgement; and we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.
3.5 You will have the opportunity to identify and correct input errors prior to making your order
4. Prices & VAT
4.1 Our prices are quoted on our website.
4.2 Where we agree to deliver the Products — excluding downloadable Products — otherwise than at our premises, you shall be required to pay charges for the transport, packaging and insurance.
4.3 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.
4.4 All amounts stated in these terms and conditions or on our website are stated exclusive of VAT.
4.5 The total purchase price, including VAT (if any) and delivery charges, will be displayed in the Buyer’s shopping cart prior to confirming the order.
For individual Buyer living in the EU, Vidatech will apply the local VAT rate in any of the 28 European countries where an individual customer is located. (Vidatech complies with the VAT MOSS regulations, a tax law that was brought in on 1 January 2015)
Value Added Tax (if applicable) will be calculated at the current rate at the time of the purchase. Any change in the rate of VAT (increase/decrease) shall be passed onto the Buyer.
For businesses Buyers located in Europe, the Value Added Tax (VAT) is not applicable if the Buyer holds a Value Added Tax (VAT) identification number which should be quoted on the order form to benefit from tax relief. (Intra-community supplies/acquisitions. )
Products and Services purchased from outside the European Union are VAT exempt
5.1 You must, during the checkout process, pay the prices of the Product(s) – including VAT and delivery charges when applicable — you order.
5.2 Payments may be made by any of the permitted methods specified on our website.
5.3 Unless otherwise agreed, we shall not be bound to deliver the Products or to allow our Products to be dowloaded until we receive full payment.
6. Downloadable Products & Services
6.1 We will supply your downloadable Products to you in the format or formats specified on our website, and by such means and within such periods as are specified on our website.
6.2 Upon payment of the applicable price and compliance with these terms and conditions, you will be granted a licence by the product developer/manufacturer/publisher. The terms and conditions of such a licence will be governed by the product developer/manufacturer/publisher.
6.3 We will exclusively deliver your online education Services through an online platform, by email and in certain cases by phone.
6.4 You warrant to us that you have access to the necessary computer systems, media systems, software and network connections to receive and enjoy the benefit of your Products.
7. Distance contracts: cancellation right
7.1 This section applies if and only if you offer to contract with us, or contract with us, as a consumer – that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.
7.2 You may withdraw an offer to enter into a contract with us through our website, or cancel a contract entered into with us through our website, at any time within the period:
(a) beginning upon the submission of your offer; and
(b) ending at the end of 14 days after the day on which the contract is entered into,
subject to Section 7.3. You do not have to give any reason for your withdrawal or cancellation.
7.3 Downloadable Products: You agree that we may begin the provision of your downloadable Product(s) before the expiry of the period referred to in section 7.2, and you acknowledge that, if we do begin the provision of your downloadable Product(s) before the end of that period, you will lose the right to cancel referred to in section 7.2.
7.4 Shrink-wrapped Box Products: You may only cancel a contract entered into with us if and only if the Product is not taken out of the sealed package in which it was delivered.
7.5 In order to withdraw an offer to contract or cancel a contract on the basis described in this section 7, you must inform us of your decision to withdraw or cancel (as the case may be). You may inform us by means of any clear statement setting out the decision. In the case of cancellation, you may inform us using the cancellation form that we will make available to you. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.
7.6 If you cancel an order on the basis described in this Section 7, you will receive a full refund of the amount you paid to us in respect of the order.
7.7 We will refund money using the same method used to make the payment, unless you have expressly agreed otherwise. In any case, you will not incur any fees as a result of the refund.
7.8 We will process the refund due to you as a result of a cancellation on the basis described in this Section 7 without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the cancellation.
8. Warranties and representations
8.1 You warrant and represent to us that:
(a) you are legally capable of entering into binding contracts;
(b) you have full authority, power and capacity to agree to these terms and conditions; and
(c) all the information that you provide to us in connection with your order is true, accurate, complete, current and non-misleading.
8.2 We warrant to you that your Product(s) will be supplied to you with reasonable care and skill.
8.3 We warrant to you that your Product(s) once installed into a computer in accordance with the installation procedure set up by the manufacturer, will function on the specified operating system. In cases where the Products’ developer/manufacturer has set up a direct warranty relationship with the End User, then that procedure will be applied.
8.3 All of our warranties and representations relating to Products are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to Section 9.1, all other warranties and representations are expressly excluded.
9. Limitations and exclusions of liability
9.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law,
and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.
9.2 The limitations and exclusions of liability set out in this Section 9 and elsewhere in these terms and conditions:
(a) are subject to Section 9.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
9.3 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
9.4 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
9.5 We will not be liable to you in respect of any loss or corruption of any data, database or software
9.6 We will not be liable to you in respect of any special, indirect or consequential loss or damage
9.7 We make no representation or warranties with respect to the accuracy, reliability or completeness of the Product’s content and specifically disclaims any implied warranties of non-infringement, merchantability or fitness for any particular purpose.
9.8 We do not warrant, guarantee or make any representations regarding the correctness, accuracy, reliability, compatibility or uninterrupted operation of the Product(s) or otherwise.
9.9 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
10.1 We may revise these terms and conditions from time to time by publishing a new version on our website.
10.2 A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.
11.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions – providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.
11.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
12. No waivers
12.1 No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.
12.2 No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of that contract.
13. Force Majeure
13.1 We shall not be liable for any delay or failure to perform of our obligation if the delay or failure results from events or circumstances outside our reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, failure of communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials or products from a natural source of supply, and we shall be entitled to a reasonable extension of time for the performance of our obligations.
14.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
14.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
15. Third party rights
15.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
15.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.
16. Entire agreement
16.1 Subject to Section 9.1, these terms and conditions shall constitute the entire agreement between you and us in relation to the sale and purchase of our Products and the use of those Products, and shall supersede all previous agreements between you and us in relation to the sale and purchase of our Products and the use of those Products.
16. Law and jurisdiction
16.1 These terms and conditions shall be governed by and construed in accordance with the laws of Republic of Ireland.
16.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of Irish courts.
17. Statutory and regulatory disclosures
17.1 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.
17.2 These terms and conditions are available in the English language only.
17.3 Our VAT number is IE9577916E
18. Our details
18.1 This website is owned and operated by Vidatech Ltd Trading as Moviesoft
18.2 We are registered in Ireland under registration number 426091, and our registered office is at The Old Station House, 15a Main Street, Blackrock, Co. Dublin – IRELAND
18.3 Our principal place of business is at The Old Station House, 15a Main Street, Blackrock, Co. Dublin – IRELAND
18.4 You can contact us:
(a) by post, using the postal address given above;
(b) using our website contact form;
(c) by telephone, on the contact number published on our website from time to time; or
(d) by email, using the email address published on our website from time to time.