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Tracker Access Database Development – Distance Selling
Regulations Policy


1 INTRODUCTION

The Consumer Protection (Distance Selling) Regulations 2000 (SI 2000 No. 2334), transpose into UK
law Directive 97/7/EC on the protection of consumers in respect of distance contracts. The scope of
the Regulations is very broad. They cover both goods and services, where the contract is made
without any face to face contact between supplier and consumer. The purpose of the Directive is to
increase consumer confidence and so strengthen the single European market by providing an agreed
minimum level of consumer protection throughout the EC. The aim of the cooling-off period is to give
consumers an opportunity to examine the goods or services being offered, as they would have when
buying in a shop. The right to cancel is fundamental; however this is balanced in the Regulations by
the consumer's responsibility to take care of the goods before returning them. The Directive does not
apply to business to business transactions.

Tracker Access Database Development operates in line with the Office of Fair Training Distance
Selling Regulations.

Further information about the regulations can be found at:

http://www.oft.gov.uk/advice_and_resources/resource_base/legal/distance-selling-regulations/

This Distance Selling Regulations Policy is issued by Tracker Access Database Development to
accompany the Tracker Access Database Development Terms and Conditions.

2 YOUR CONSUMER RIGHTS

From 31st October 2000, the Distance Selling Regulations give new protection to consumers who
shop by phone, mail order, on the internet, or digital TV. Tracker Access Database Development
upholds the regulations by promising to:

   •   Give consumers clear information including details of the goods or services offered, delivery
       arrangements and payment, the supplier's details and the consumer's cancellation right before
       they buy (known as prior information)
   •   Provide this information in writing
   •   Provide a cooling-off period of seven working days




Created April 2009                                                              www.trackerdata.co.uk
Last Updated 22/04/2009                                                                         1 of 4
It is important that customers note that inline with the current regulations the right to cancel does not
apply to the following:

   •   Personalised goods or goods made to a consumer's specification
   •   Goods that cannot, by their nature, be returned
   •   Perishable goods (e.g. flowers, fresh food)
   •   Un-sealed audio or video recordings or computer software
   •   Newspapers, periodicals or magazines
   •   Betting, gaming or lottery services
   •   Services that begin, by agreement, before the end of the cancellation period providing the
       supplier has informed the consumer before the conclusion of the contract, in writing or another
       durable medium, that he will not be able to cancel once performance of the services has begun
       with his agreement
   •   Goods or services, the price of which is dependent on fluctuations in the financial market

3 PRIOR INFORMATION

Tracker Access Database Development promise to provide clear and comprehensible information to
enable the consumer to decide whether to buy.

Under the terms of the Distance Selling Regulations this must include:

   •   The seller's name and, if payment is required in advance, his/her postal address
   •   A description of the goods or services
   •   The price including all taxes
   •   Delivery costs where they apply
   •   Arrangements for payment
   •   Arrangements and date for delivery
   •   The right to cancel the order
   •   How long the offer or the price remains valid

The seller's name and, if payment is required in advance, his/her postal address

Tracker Access Database Development (Mr Simon Penny, Owner). In cases where commissions are
taken outside of eBay the postal address will be supplied on the proposal / quotation supplied to the
customer by Tracker Access Database Development.

A description of the goods or services

Tracker Solutions-to-Go databases and other services are described in detail both on the Tracker
website and / or in the eBay advertisement. Further information can be requested prior to purchase
by emailing si_penny@yahoo.com

The price including all taxes

For Solutions-to-Go prices are provided both on the Tracker website and / or in the eBay
advertisement. Postage and packing is free of charge unless otherwise stated prior to purchase.

For bespoke commissions the full price of the database will be provided in the initial quote / proposal
supplied to the customer by Tracker Access Database Development


Created April 2009                                                                 www.trackerdata.co.uk
Last Updated 22/04/2009                                                                            2 of 4
Delivery costs where they apply

Postage and packing is free of charge unless otherwise stated prior to purchase. In the case that a
zip file is unable to be delivered, a hard copy of the database will be shipped recorded delivery at a
charge of £3.50 inside the UK. Oversees postage may cost more depending on the delivery location.

Arrangements for payment

For Solutions-to-Go the following payment is accepted: PayPal

For bespoke commissions the following payment is accepted: Cash (in person or recorded delivery),
Cheque or Postal Order (payable to Mr Simon Penny) and PayPal.

Arrangements and date for delivery

Databases are usually despatched within 24 hours of full payment being received.

The right to cancel the software order

The purchaser has the right to cancel the order at any time OR to return the software providing the
software packaging has not been opened in accordance with the regulations.

However the following refund policy applies:

Solutions-to-Go Databases

Customers who purchased databases from the Tracker Solutions-to-Go range will be awarded a full
refund if they cancel their order or change their mind within the cooling off period (within seven days
of paying the full cost of the database) only if:

   •   The customer has not received the database via electronic means i.e. email zip file
   •   The customer is able to return a database despatched on physical media such a diskette or
       CD without the packaging seals having been broken

NB. Once a database has been delivered either electronically or via a physical media format such as
a diskette or CD it will be subject to the warranty agreement specified in section 7 of the terms and
conditions.

Bespoke Databases

Customers purchasing bespoke databases will be expected to pay 50% deposit with the balance
payable upon completion. The deposit will be refunded in full if a cancellation is made by the
customer within the cooling off period (within seven days of paying the deposit). However Tracker
Access Database Development reserves the right to make a charge for time spent working on the
database until the point of cancellation. No refund will be given if a cancellation is made after the
seven day cooling off period.

Customers are expected to pay the balance owing within three days of being notified that their
commissioned database is complete. Databases will not be delivered until full payment has been
received.



Created April 2009                                                               www.trackerdata.co.uk
Last Updated 22/04/2009                                                                          3 of 4
NB. Once a database has been delivered either electronically or via a physical media format such as
a diskette or CD it will be subject to the warranty agreement specified in section 7 of the terms and
conditions.

How long the offer or the price remains valid

In the case of sales made via eBay the price will be valid for the period of the advertisement or
auction. In all other cases the price will be valid for the period specified in the proposal / quotation
supplied to the customer by Tracker Access Database Development.
.




Created April 2009                                                                www.trackerdata.co.uk
Last Updated 22/04/2009                                                                           4 of 4

								
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