TERMS OF BUSINESS FOR LITTLE BLUE LINUX GOODS AND SERVICES

1.  DEFINITIONS
   1. 1.1 “Buyer” means the individual or organisation who buys or agrees to buy the Goods and/or Services from the Supplier;
   2. 1.2 “Consumer” shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
   3. 1.3 “Contract” means the contract between the Supplier and the Buyer for the sale and purchase of Goods and/or Services incorporating these Terms and Conditions;
   4. 1.4 “Goods” means the articles that the Buyer agrees to buy from the Supplier;
   5. 1.5 “Services” means the services that the Buyer agrees to buy from the Supplier;
   6. 1.6 “Supplier” means MPC Data Limited of County Gate, County Way, Trowbridge, Wiltshire, UK that owns and operates www.littlebluelinux.com;
   7. 1.7 “Terms and Conditions” means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Supplier or which the Buyer has accepted before completing the purchase;
   8. 1.8 “Website” means www.littlebluelinux.com
2.  CONDITIONS
   1. 2.1 Nothing in these Terms and Conditions shall affect the Buyer's statutory rights as a Consumer.
   2. 2.2 These Terms and Conditions shall apply to all contracts for the sale of Goods and/or Services by the Supplier to the Buyer and shall prevail over any other documentation or communication from the Buyer.
   3. 2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer's acceptance of these Terms and Conditions.
   4. 2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Supplier.
   5. 2.5 Any complaints should be addressed to the Supplier's address stated in clause 1.6.
3.  ORDERING
   1. 3.1 All orders for Goods and/or Services shall be deemed to be an offer by the Buyer to purchase Goods and/or Services pursuant to these Terms and Conditions and are subject to acceptance by the Supplier. The Supplier may choose not to accept an order for any reason.
   2. 3.2 Where the Goods ordered by the Buyer are not available from stock or the Services are not available due to resource limitations such as (but are not limited to) availability of staff, availability of places on a training course, hardware or test equipment; the Buyer shall be notified and given the option to either wait until the Goods are available from stock or the Services can be made available or cancel the order and receive a full refund within 28 days.
   3. 3.3 When making an order through the Website, the technical steps the Buyer needs to take to complete the order process are described in the accompanying web pages and confirmation emails sent during the order process.
4.  PRICE AND PAYMENT
   1. 4.1 The price of the Goods and/or Services shall be that stipulated on the Website. The price is exclusive of VAT. Where applicable, the price excludes delivery charges.
   2. 4.2 The total purchase price, including VAT and delivery charges, if any, will be displayed in the Buyer's shopping cart prior to confirming the order.
   3. 4.3 After the order is received the Supplier shall confirm by email the details, description and price for the Goods and/or Services together with information on the right to cancel if the Buyer is a Consumer and the Goods and/or Services can be cancelled.
   4. 4.4 Unless otherwise agreed in writing between the parties, payment of the price plus VAT and delivery charges, if applicable, must be made in full before Goods and/or Services are despatched or otherwise made available to the Buyer.
   5. 4.5 Where applicable, if any payment is rejected or refused, the amount owing will be treated as overdue and the Supplier will be entitled immediately to cease or suspend the provision of any Service or further deliveries of Goods until payment has been received.
   6. 4.6 Where applicable, the Supplier shall be entitled to charge interest on overdue invoices from the date when payment becomes due from day to day until the date of payment at a rate of 4% per annum above the base rate of National Westminster Bank PLC from time to time in force.
5.  PERFORMANCE OF SERVICES
   1. 5.1 The Supplier shall begin to perform the Services within the time indicated in the Terms and Conditions; or as indicated at the point of purchase; or, if not specified elsewhere, within 28 days of the Supplier accepting the order.
   2. 5.2 The Supplier shall perform the Services with reasonable skill and care. However, where applicable, the Supplier does not guarantee that the Services will be uninterrupted, secure or error-free or that any data generated, stored, transmitted or used via or in connection with the Services will be complete, accurate, secure, up to date, received or delivered correctly or at all. The Supplier may have to suspend the Services for repair, maintenance or improvement. If so, the Supplier will restore them as quickly as is reasonably possible.
   3. 5.3 The Services may be subject to an initial contract period and/or continue thereafter on a periodic basis as specified in the Terms and Conditions.
6.  RIGHTS OF SUPPLIER
   1. 6.1 The Supplier reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Supplier shall make every effort to ensure prices are correct at the point at which the Buyer places an order.
   2. 6.2 The Supplier reserves the right to withdraw any Goods and/or Services from the Website at any time.
   3. 6.3 The Supplier shall not be liable to anyone for withdrawing any Goods and/or Services from the Website or for refusing to process an order.
7.  DELIVERY
   1. 7.1 Goods supplied within the UK will normally be delivered within the time specified in the Terms and Conditions; or if not specified within 7 working days of acceptance of order.
   2. 7.2 Goods supplied outside the UK will normally be delivered within the time specified in the Terms and Conditions; or if not specified within within 14 working days of acceptance of order.
   3. 7.3 Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund.
   4. 7.4 The Supplier shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Supplier shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
   5. 7.5 Delivery of the Goods shall be made to the Buyer's address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
   6. 7.6 Risk in the Goods shall pass to the Buyer upon delivery of the Goods, or where the Buyer fails to take delivery at the agreed time, at the time delivery was attempted.
   7. 7.7 Notwithstanding any other restrictions specified in the Terms and Conditions, title in the Goods shall not pass to the Buyer until payment of the price has been made in full.
8.  CANCELLATION AND RETURN
   1. 8.1 The Buyer may cancel any Contract for Services at any time before seven working days has passed from the day after the Contract was made and any payments made by the Buyer shall be refunded in full within 28 days. If, however, the Supplier starts to perform its side of the Contract with the agreement of the Buyer before the Buyer exercises this right to cancel, the right to cancel is lost.
   2. 8.2 Where, in whole or in part, the Service includes resources which must be booked in advance (for example, but limited to, one or more places on a training course) the Buyer will be liable for the entire cost for that portion of the Service and the refund (if applicable) will be adjusted accordingly.
   3. 8.3 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Supplier in writing within 7 working days of delivery if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods.
   4. 8.4 If you are a consumer you have the right, in addition to your other rights, to cancel the Contract for Goods and receive a refund by informing the Supplier in writing within 7 working days of receipt of the Goods. The right to cancel does not apply to contracts for the supply of software, audio or visual recordings if these have been unsealed, downloaded from the Website or installed by the Consumer.
9.  LIMITATION OF LIABILITY
   1. 9.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Supplier the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Goods and/or Services and the Supplier shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
   2. 9.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury resulting from the negligence of the Supplier or that of the Supplier's agents or employees.
10.   WAIVER
    1. No waiver by the Supplier (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
11.   FORCE MAJEURE
    1. The Supplier shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to, acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Supplier shall be entitled to a reasonable extension of its obligations.
12.   SEVERANCE
    1. If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
13.   CHANGES TO TERMS AND CONDITIONS
    1. The Supplier shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
14.   GOVERNING LAW AND JURISDICTION
    1. These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.