3QD Developments Ltd
These are the full set of terms and conditions used by 3QD Developments Ltd for
Terms and Conditions of Business
www.apdl.org.uk, www.riscos.com and www.virtualacorn.co.uk.
Please ensure that you have read and understood these terms before placing an order with us.
Your statutory rights as a consumer (for example your rights under the Consumer Rights Act 2015) are not effected by any of these terms. Some of the information in this document may be repeated in multiple sections for ease of reading.
Who we are
This website is owned and operated by 3QD Developments Ltd (Registered Company No. 5173300). Any payment made to us or any contractual agreement entered into with us will be in the name 3QD Developments Ltd of 29 Alma Road, Newhall, Swadlincote, Derbyshire, DE11 0SD. Our telephone number is 01283 522969 (open 10:00 till 4:00 Monday to Friday). We are based in the United Kingdom and any transaction you make with us is governed under the laws of England and Wales. We reserve the right to amend these terms without notice.
Terms and Conditions
This page contains our full terms of business split into sections. Some sections of this 'Terms and Conditions of Business' are also included on various other pages of this website. For example, the main support index includes a summarised copy of our support terms. Where a subset of these terms appears a link will be provided to these full terms and conditions and it is these full terms and conditions that will govern any contract.
If you place an order with us you agree with (and your order is subject to) these Terms and Conditions. With the exception of any terms applied by law you agree that these will be the only terms that apply to any contract formed between 3QD Developments Ltd (the seller) and yourself (the buyer). In particular any extra terms that are included with a purchase order (for example printed on the back) are declared null and void and will not form any part of the contract between 3QD Developments Ltd and the buyer. If you want to impose any extra terms then you will need to have an agreement from us in writing, signed by our Managing Director, confirming our acceptance of said terms prior to placing the order.
Placing an order and making a payment
When you place an order via this website, or via normal post, you are entering into a contract with 3QD Developments Ltd. This contract is for the supply of goods and/or services in exchange for payment and is defined by this document.
There are several different ways that you can place and order and pay for one of our products. You can either:
- Order on-line using our secure ordering system, which can take a range of credit cards, debit cards and PayPal payments.
- Order by post using a cheque drawn on a UK bank.
- If you are ordering for an educational establishment you can send an official order.
We will only accept orders for products that are supplied as a download if you pay on-line with PayPal or a debit/credit card at the time of ordering.
All of our prices are in GBP (Great British Pounds). If you are paying online and your bank or PayPal account is in a different currency you will be charged for the currency conversion (for example from Euro to GBP) by your payment authority. We have no control over this charge.
To order on-line add the items you would like to purchase to your shopping basket. Once you have finished click on the Checkout button. Our system uses PayPal to authorise and take payments. You do not need a PayPal account to place an order as the system will also accept a wide range of debit and credit cards. Unlike some companies we will not charge you extra for using a credit card to make a purchase.
If you pay online then a small part of the order cost will be paid directly to PayPal rather than to us. There is no additional cost to the customer as we pay this charge. The price paid for goods/services will be the same regardless of the payment method used. We may use a further checkout system (in addition to PayPal) to provide immediate download products that are not supplied on physical media.
Ordering by post with a cheque
To order one of our physical (non download) products by post please send a cheque, drawn on a UK bank and made out in Sterling, for the correct amount made out to 3QD Developments Ltd, to the following address:
3QD Developments Ltd
Sales and Service
29 Alma Road
Please remember that the 'correct amount' should include any shipping charges. If a cheque does not include the shipping cost the order will not be accepted and we will request the correct payment. There may be a cost involved if we need to return a cheque to a customer.
We do not accept any cheque that is drawn in any currency other than Sterling. Nor do we accept any cheque that is drawn on a bank that is not based in the United Kingdom. If you are ordering from outside the UK please use the on-line ordering system.
Ordering by phone
Unfortunately due to the high monthly rental cost of retail credit card terminals we are no longer able to accept debit or credit card orders by phone.
Ordering using a business credit account
We no longer operate credit accounts for business customers. Payment will need to be made by debit card, credit card or by cheque drawn in Sterling on a UK Bank at the time of order.
Ordering with an official Educational order
We can accept official orders from some UK educational facilities. The order must include an official order number and be signed by someone with the correct authority. The order must arrive by post to our usual address. Regretfully we are not able to accept official orders via fax.
Please note that by placing an order with us you acknowledge that this document alone provides the terms of the order and that any extra stipulations supplied with an order (for example printed on the back) are declared null and void. If you want to include any extra terms that fall outside this document you will need written agreement from us signed by our managing director confirming our acceptance of said terms before placing any order.
Our credit terms are strictly 28 days from the date of invoice (this will be the date your order is processed) and full payment is due by the close of the 28th day. Until the invoice is paid the goods remain the property of 3QD Developments Ltd. Any invoices not paid by the due date will automatically incur a £6 administration charge and a reminder will be sent via normal post to the invoice address. Further reminders, each incurring a further £6 admin charge will be sent every 7 (seven) days.
By ordering from us with an official order you agree to pay any administration charges incurred by late payment of the invoice.
Please note that we do not accept payment by BACS, only by cheque made out to 3QD Developments Ltd. You should factor in the time required to process the cheque to ensure that it arrives at our offices on or before the 28th day as late payment will incur extra charges.
Your rights - Warranty and Guarantee
Consumer Rights act 2015
The Consumer Rights Act 2015 (effective 1st October 2015) states that all products, including those supplied digitally, must be as described, fit for purpose and of satisfactory quality:
- If a product is faulty, you're entitled to a repair or a replacement under most circumstances.
- If a fault can't be fixed within a reasonable time, or without causing you significant inconvenience, you can get some or all of your money back.
- If you can show that a fault with a product has damaged your device and that the seller hasn't used reasonable care and skill, you may be entitled to a repair or compensation.
This is a summary of your key rights. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06 (UK).
If you want to claim under a Warranty or Guarantee you will need a proof of purchase. Please note that you may not have an automatic right to a refund if you have had the goods in your possession for over 30 days.
Customer's technical ability
Due to to the nature of the products we sell (which are designed to integrate with the customer's existing computer) the customer will need to have a reasonable level of technical ability to correctly install and use said products. For example, you cannot reasonably expect to use a VirtualAcorn product that runs on Windows if you don't know how to use Windows. Any product support we offer will be limited to the product(s) you have purchased from us. We are not able to offer a general support service for Windows, Mac OS X, RISC OS or any products supplied by other organisations.
Hardware example: If you purchase a network interface from us it will need to fitted into a computer. This means that you must have the appropriate tools and skills to disassemble the computer, locate the correct slot to fit the interface, correctly align the interface and fit it without damaging any of the pins and finally to re-assemble the computer. You will also need to have the skills to configure the computer so that the interface works.
Software example 1: If you purchase a RISC OS upgrade (either a disc or digital download) you will need to have the skills required to install said upgrade.
Software example 2: If you purchase a RISC OS ROM image designed for use with an emulator you will need to have the skills needed for setting up said emulator and for constructing disc images etc.
We do not offer an installation service for our products. If you do not have the appropriate skills you may be able to arrange for one of our authorised dealers to install product(s) for you but that is outside of this agreement and our control.
Warranty - Software supplied on disc
Our software products are supplied with a limited Warranty that applies to the distribution media only. The Software is provided "as is" without warranty of any kind, either express or implied, including without limitation any implied warranties of condition, uninterrupted use, merchantability, fitness for a particular purpose, or non-infringement.
We warrant to the original purchaser for a period of 180 days from the original purchase date (the date on the receipt or invoice) that the physical distribution media will be free from defects in material and workmanship under normal use. We strongly advise our customers to keep backups, both a backup of the installed product on the customer's computer but also a backup of the installation media as supplied to the customer by 3QD Developments Ltd.
We will do our best to assist the original purchaser of the product in their intended use of said product but unless agreed beforehand in writing we do not warrant that our products will be suitable for a particular task. In particular we do not recommend the use of our products in any mission critical environment.
Please be aware that computer software is specifically excluded from the Consumer Contract (Distance Selling) Regulations.
Warranty - Software supplied digitally
Our digitally supplied software products are supplied with a limited Warranty. The Software is provided "as is" without warranty of any kind, either express or implied, including without limitation any implied warranties of condition, uninterrupted use, merchantability, fitness for a particular purpose, or non-infringement.
When you purchase digital content you have an automatic 14 day cooling off period. This means that you have up to 14 days to change your mind about the purchase provided that you have not downloaded the digital content. The act of starting the download automatically terminates the cooling off period and the customer then waives any rights to cancel. Digital purchases will be available for you to download for 28 days only. It is the customers responsibility to keep backups of digital content and we will not be able to provide duplicate downloads of purchased products after the 28 day period has expired.
Guarantee - Hardware - General
All items that we sell, unless marked as spares/repairs, will be fit for intended purpose and of satisfactory quality.
If you want to claim under a Warranty or Guarantee you will need a proof of purchase. Please note that you may not have an automatic right to a refund if you have 'accepted' the goods by having them in your possession for over 30 days.
Guarantee - Hardware - 'Spares or Repairs'
Any hardware items that we sell that are marked as 'Spares or Repairs' will have clear faults and are sold with a limited warranty. Any such items will require repairs of some nature and may be beyond economic repair and only suitable for parts. These items may lack correct packaging, instructions and some components. Some high degree of technical skill may be required to repair such items and specialised equipment may be needed.
The only warranty we offer on such products is that they are 'as described'. For example, if you purchase a keyboard marked as 'complete - spares or repairs' and some of the keys are missing when you receive it then it's clearly not as described and you will be able to return it for a full refund. We do not guarantee that any item sold as 'spares or repairs' is either fit for intended purpose, capable of being repaired economically or is of satisfactory quality.
Guarantee - Hardware - 'New, New old stock, Reconditioned and Second hand'
We sell a mixture of new, new old stock and pre-owned hardware (which has been tested and overhauled if necessary). Unless stated at the time of ordering any hardware that we supply will be pre-owned but will have been overhauled and tested. Pre-owned hardware may have cosmetic marking or be supplied in packaging that is different to that originally used by the manufacturer. Any pre-owned hardware may have a shorter operational life and this will be reflected in the cost of the item. We reserve the right to supply substitute pre-owned items provided that the substitute item offers the same (or better) functionality as the item originally ordered. For example, we may send a RiscPC network interface that's made by a different manufacturer. You may request that we don't substitute items by contacting us before placing an order.
All of the hardware we supply is sold with a 6 month Guarantee which covers the intended function of the particular device only. For example, if you use a hard disc as a door stop and it breaks you will not be able to obtain a repair or replacement as you have used it for a purpose for which it's not intended. If an item develops a fault within 30 days you have the right to return it for a refund or if you prefer a repair or replacement. If an item develops a fault after 30 days you may return it and we will offer either a refund, partial refund, repair or replacement at our discretion. If an item develops a fault after 6 months or more then it will be repaired or replaced provided that the failure is because of an inherent fault in the device and not due to wear and tear.
Where a device we sell stores data (for example a hard disc) the guarantee relates to the device itself and does not cover any loss of data should the device develop a problem. It's the users responsibility to keep regular backups by copying the data to a different storage device. If we repair a storage device it will be returned blanked and re-formated. If we replace a storage device under guarantee we will not copy data from the original device and the replacement device will be returned blanked and re-formatted.
As we do not offer an installation service, the buyer is responsible for the correct fitment of any hardware purchased from 3QD Developments Ltd. If an item of hardware is damaged by incorrect fitment or improper use the guarantee will be void. For example if an interface card is returned with bent or broken pins because of a clumsy fitting attempt any guarantee will be void.
Cancelling an order
If you have placed an order and wish to cancel it please let us know at once. If the order has not been shipped we will be able to process your refund far more quickly. If the goods have been shipped you will need to return them to us before we can process any refund.
We have 28 days in which to process and deliver any order. If we are unable to fulfil an order after 28 days and the customer has made payment at the time of order we will issue a full refund to the customer using the same payment method. We reserve the right to cancel any order that has been placed but not yet shipped. For example, we may run out of stock of a particular item after your order was placed. Where we are unable to fulfil an order we will contact you and ask you if you want us to cancel part or all of the order.
Changing your mind - Consumer Contract Regulations (Distance Selling) 2015
Under the above legislation you may change your mind, cancel the order and arrange to return the goods within 7 days of delivery provided that the goods have not been opened and/or used. To cancel an order please contact us in writing (e-mail is best) and notify us so that we can issue a returns number. To obtain a refund you must return the contents of the order in the same condition that it was received. Any product seals must be intact and any packaging must be complete and undamaged. It is the customers responsibility to arrange return to our offices and to ensure that any items are returned in an identical condition to when they were shipped to the customer. Any refund will be processed within 14 days and will be made using the payment method used by the customer.
If you have opened the packaging and used the device (even if it's only for a few minutes) your rights to return it (unless it's faulty) have been lost. Please note that computer software, or any products where the seal has been broken, cannot be returned for refund under the Consumer Contract Regulations 2014.
Changing your mind - Download products
Under the Consumer Contract Regulations (2015) a 14 day cooling off period is applied to all products supplied digitally. This means that you can change your mind within 14 days and request a refund but only if you haven't downloaded the product. This cooling off period expires either 14 days from the date/time of your order or at the time you choose to download the product whichever is sooner. So if you choose to download a product within the first 14 days the cooling off period is automatically terminated. Our RISCwares checkout system automatically records all product downloads.
If you are returning a product for any reason other than an upgrade you will need to return the entire product complete including any cables, printed manuals and/or accessories. We cannot process a return for any software supplied as a digital download.
When returning a product for a refund, repair or replacement (unless it is for an upgrade) you should in the first instance contact us by phone or e-mail and request a returns number. If a return is approved we will then issue you with a returns number which will be valid for 28 days. When returning the product please quote this returns number on the outside of the package. Please also include a letter giving your full address and phone number.
If you are returning a product for a refund then you will need to include a confirmation that no copy of any software included as part of the product has been made and that any such software has been un-installed from all/any computers. Where an order is being returned under the Consumer Contract (Distance Selling) Regulations you need to ensure that any/all accessories (such as cables, manuals etc) are returned to us. If any accessories are not included and are not then returned within 7 days of the original delivery you will lose your rights to an automatic refund.
In the case of products that have been ordered in error, and where 3QD Developments has correctly fulfilled the customers order, any refund offered by 3QD Developments may not include our direct costs. These costs can include any payment processing fees, costs associated with packing materials and any postage costs incurred by 3QD Developments Ltd. 3QD Developments also reserve the right to deduct from any refund a 15% (of the net order value) restocking fee.
Return postage costs
Unless the product is being returned as faulty within 28 days it is the customer who is responsible for the cost of returning products to our offices. Any goods returned need to be correctly packed so that they will arrive undamaged. If goods arrive back at our offices damaged we may not be able to offer any repair, replacement or refund.
We strongly recommend that you use a tracked and insured shipping method to return items. To process a return we need to have the items returned, if you've changed your mind about an order and sent the items back to us but the courier loses them we will not be able to refund any of the purchase cost. If you send items tracked you will know if they have arrived and if they are insured it will be the couriers responsibility to provide you with compensation if they don't arrive.
For products that are faulty and being returned within 28 days we are responsible for the return postage costs.
If you are returning faulty goods for a refund you will need to include any and all accessories that were supplied with the order. For example, if you return a hard disc enclosure but don't include the cables we will not accept the return as the fault could be with the cable and we haven't been given the opportunity to test it.
The method used to provide a refund may vary but we will do our best to issue the refund via the same payment method used by the customer. So if you purchased a product using a debit card we will try to issue any refund onto the same card, if you paid from a PayPal account we will refund directly back into the PayPal account. If that's not possible and you are in the UK we will send the refund in the form of a cheque. If you are outside the UK and we are unable to refund you using the method you used to pay for the order we will try to contact you to arrange another refund method.
For items that have developed a fault within 30 days the customer has an automatic right to a refund. For goods that have developed a fault over 30 days from delivery but under 6 months we may offer a refund or repair/replacement at our discretion.
Refunds for goods that have developed a fault more than 6 months after delivery will be handled on a case by case basis. If a refund is agreed then this may not be for the full purchase price as the amount of use that the customer has enjoyed from the product will be taken into account.
All refunds (except for faulty products) are dependant on the goods being returned unopened and in the same condition that they were delivered.
Transfer of Licence (software)
When you purchase a software product from us you are not purchasing a physical item. Instead you are purchasing a licence to use the software, this licence is non transferable without prior written agreement from 3QD Developments Ltd.
Digital products (supplied as a download)
We will not allow a licence transfer for products that have been delivered digitally (as downloads). For the avoidance of doubt this means that we do not allow third parties (such as dealers) to download a product using our RISCwares digital content delivery system and then sell that product on to a customer. The dealer would need to contact us and order a version of the product on physical media to be able to supply it to a customer.
Products supplied on physical media (CD, DVD etc)
We may agree to allow a software licence to be transferred (sold or gifted) to a third party. If you do wish to transfer a licence to a third party (e.g. because you want to sell the product to this third party) you will need to contact us beforehand and:
- Provide the name and contact details of the third party to whom you wish to transfer the licence. (You will need their permission)
- Confirm that any backups taken of the software have been destroyed.
- Confirm that the software has been uninstalled from all/any computer(s) that it was installed on.
- Confirm that you will supply the complete software installation pack to the third party.
- Confirm that the third party has read and agreed to the licence conditions under which the software was originally supplied.
We will then contact you within 28 days with our decision. Provided we do agree to the licence transfer you can then send the installation pack to the third party. They can then contact us and register the product in their name. They can then obtain any activation codes that are required to use the software. However they are not entitled to any technical support from us via phone or e-mail.
If you give or sell a licence for product to a third party without our permission the third party may not be able to activate/use the product.
Unless agreed beforehand in writing orders will be delivered using the following methods:
Digital products are delivered via a download page which will be shown after the PayPal checkout process has completed. When the download page is displayed a copy of the information and the download links are also e-mailed to the user. If the user closes the web browser after payment has been taken but before PayPal has returned the user to our website the download information will not be generated and the user will have to contact us with their PayPal payment reference so we can generate the download information manually.
Physical goods sent to a UK address are normally posted Royal Mail 2nd class. Large items may be sent via a tracked courier which may mean you need to be available to accept delivery.
For Europe goods are sent AirMail small packet and are not subject to customs charges (subject to possible change after Britain exits the European Union).
For the rest of the world goods are sent AirMail small packet with a customs declaration. Customs declarations are completed in UK Pounds (£) and are marked as 'GBP' (Great British Pound).
We are sorry but goods cannot be collected from our premises as we do not accept callers. If a different delivery service is required the customer will need to contact is prior to placing the order. We will do our best to help but there will be a charge to cover any extra cost.
Please allow up to 28 days for delivery. Should an order not arrive after 28 days please contact us so we can investigate and resolve the problem.
Some of our VirtualAcorn products require an 'unlock code' to activate the product. Such products will always be clearly marked on the appropriate web page and on the outside of the product packaging. The customer will need to provide us with the 'Product ID' number shown on screen and the 'CD Serial number' (which is printed on the CD) so that we can provide a matching 'unlock code'. This 'unlock code' is generated mathematically using the 'Product ID' number and the 'CD Serial number'. Until this matching 'unlock code' is entered on the product registration window the products will not operate.
Specific instructions on how the customer can supply us with the 'Product ID' number and 'CD serial number' and request an 'unlock code' are shown on the product registration window but can be summarised as follows:
- To ring us between 10:00 am till 4:00 pm Monday to Friday (excluding bank holidays).
- To provide the details via RUCHS (a web based service).
'Unlock codes' will only be issued via the two active processes shown above. We will not be able to generate an 'unlock code' if a request is made via direct e-mail. If such a request is made the customer will then be directed to the web based service.
It is the customers responsibility to ensure that they provide the correct details. If an error is made when providing us with the 'Product ID' number the 'unlock code' generated will not successfully unlock the product. When using the web based service the customer may be required to tick one or more confirmation boxes. For example, to confirm that the product has been uninstalled from a machine that's being replaced. If these confirmation boxes are not ticked the 'unlock code' request will not be submitted and the system will clearly state that the 'unlock code' request has not been forwarded to us.
When using the phone based service to request an 'unlock code' the customer will be required to make the same confirmations as they would when using the web based service. If the customer cannot make these confirmations then we will not be able to generate an 'unlock code'.
The process of generating an 'unlock code' is not currently fully automated and hence may not be immediate. A member of our staff will need to process a request regardless of the method used by the customer to place the request. Currently we are only able to process 'unlock code' requests during office hours. So if a customer were to place a request for an 'unlock code' at 8:00pm on a weekday the request would not be processed until the next morning. If an unlock code request is placed on a Saturday afternoon it will not be processed until Monday morning (subject to Bank Holidays e.t.c.). If an 'unlock code' request is placed on-line during office hours it will be processed as quickly as we are able on a first come first served basis (usually under 20 minutes).
We aim to process all 'unlock code' requests in a maximum of 24 hours (Monday to Friday). Normally 'unlock code' requests will be processed much quicker. If a customer places an 'unlock code' request via the web based service and has not received a reply within 24 hours (Monday to Friday) then they should contact us as soon as possible.
Under exceptional circumstances (for example, but not limited to, power cut, unexpected hospital admission, server failure e.t.c.) the generation of unlock codes may be delayed but we will always ensure that any request is processed as soon as we are able.
The use of the web based service may be withdrawn from a customer without prior notice should a customer misuse the service. For example, to attempt to obtain an 'unlock code' to which they are not entitled. We would only restrict the use of the phone based service in extreme circumstances. For example, if a customer was abusive or threatened one of our staff.
Please note that we do not class the generation of 'unlock codes' as technical support. 'Unlock codes' are required for the product to function and there is no time limit or charge for generating any 'unlock codes' that may be required over the life of the product.
Technical Support - Our customer commitment
Unlike some companies do not charge for technical support. Our products are normally supplied with one year of FREE technical support (from the date on your invoice/receipt) to the original purchaser only via phone or e-mail. In very rare situations where a customer has previously had technical support withdrawn (for example because of abusive behaviour) any further products purchased from us will be supplied without the benefit of any technical support. This does not effect the handling of any product activation codes which are not classed as technical support.
Support via phone/e-mail
We are a small company and have limited resources and so cannot guarantee that we will be able to offer an instant reply to any phone or e-mail queries. However we will always do our best to answer any questions as quickly and efficiently as we are able. Our office hours are 10:00am to 4:00pm Monday to Friday excluding bank holidays. We will only be able to deal with support requests during these hours. If no one is available to accept an incoming phone call an answerphone will be available for you to leave your name, weekday daytime phone number and a short message. Make sure that you leave your phone number if you don't we will not be able to return your call.
If you make repeated phone calls without leaving a message on our answerphone your phone number may be incorrectly identified as a nuisance caller and be blocked for 24 hours or more. So if no one is available to take your call please use the answerphone and leave a message. It will always be the quickest way to speak to us as we handle answerphone messages before e-mails.
After the first year
We will continue to offer FREE customer support via phone/e-mail (for the life of the product) after this first year has elapsed entirely at our own discretion. We do reserve the right to withdraw support from a particular customer without prior notice should that customer place onerous demands on the service or behave in an abusive or threatening manner towards our staff.
The support we offer only covers products purchased directly from 3QD Developments Ltd. If you have purchased one of our products from a dealer then you should initially contact the dealer concerned before contacting us. Some dealers offer customised versions of our products for which our advice may not be suitable. We do not offer general support for Windows, Mac OS X or RISC OS.
Support our websites
Support from any 3QD Developments Ltd website will be free and will remain free for the life of the product(s). If you do contact us by e-mail with a problem that's already covered by a technical support article then we will direct you to the support article concerned.
3QD Developments Ltd - 21st of May 2018