Terms & Conditions
AGREEMENT - By accessing, using, browsing or ordering on this site you agree that you have read, understood and agrees to be bound by these Terms and Conditions and you agree to comply with all applicable laws, rules and regulations.
1.1 The definitions in this clause apply in the terms and conditions set out below.
Force Majeure Event: shall have the meaning given in clause 9.
Goods: the products that we are selling to you as set out in the Order.
Order: your order for the Goods using the order form on this website.
Order Confirmation: shall have the meaning set out in clause clause 2.5.
Terms: the terms and conditions set out in this document.
writing or written does not include faxes and e-mail.
us, we, or our means RTG (and any successor to its business) of [address] UK. Registration number: [ ]
working day means every day of a calendar year apart from Saturdays, Sundays and statutory and public holidays;
calendar day means every day of a calendar year;
you and your means the person ordering the Goods or services under these terms and conditions.
Headings do not affect the interpretation of these terms.
BASIS OF SALE
2.1These Terms and our website set out the whole agreement between you andus for the browsing and use of this website, the sale of Goods or the supply of any products or services. Please check that the details in the Order are complete and accurate before you submit the same and commit yourself to the contract. There will be a legally binding contract between you and us in accordance with clause 2.4.
2.2 Any samples, drawings, description we provide on our website, and any illustrations contained in any of our catalogues or brochures, are produced solely to provide you with an approximate idea of the Goods or services they describe.
2.3The Order is an offer by you to enter into a binding contract, which we are free to accept or decline at our absolute discretion.
2.4There shall be a legally binding contract between you and us when:
(a) we issue you with an email confirmation of an acceptance of an Order to the email address which you provide at the time of submitting the Order online or when you registered as a user (Order Confirmation);
(b) we notify you by email to the email address which your provide at the time of submitting the Order online or when you registered as a user that the Goods have been dispatched; or
(c) you place an Order, download, copy or save any file or material whether electronic or otherwise from this website;
whichever is the earlier, at which point a contract shall come into existence between us.
2.5 shall assign an order number to the Order and inform you of it [in the Order Confirmation]. Please quote the order number in all subsequent correspondence with us relating to the Order.
2.6You may within 14 days of placing an Order amend or cancel an Order by providing us with written notice. If you wish to cancel an Order, you must do so by completing and returning to us by recorded delivery post the cancellation notice [place link to cancellation notice here as a pdf document]. Your liability to us shall be limited to payment to us of all costs we reasonably incur in fulfilling the Order until we receive your amendment or cancellation notice, except that where the amendment or cancellation results from our failure to comply with these Terms you shall have no liability to us for it. Any files or material you have downloaded must be deleted. We will not pay for any goods which have been dispatched to be returned to us and this shall remain your liability and expense.
2.7We have the right to revise and amend these Terms from time to time. You will be subject to the policies and terms in force at the time that you order the Goods from us, unless any change to those policies or these Terms is required by law or government or regulatory authority (in which case, it will apply to orders you have previously placed that we have not yet fulfilled).
THE GOODS & SERVICES
3.1We do not represent or warrant that the information contained or accessible via this site is accurate, complete or current. We will take reasonable steps to pack the Goods properly and to ensure that you receive your order in good condition.
3.2These Terms apply to any replacement Goods we supply to you in the unlikely event that the original Goods are defective or do not otherwise conform with these Terms.
3.3We disclaim all warranties, expressed or implied, including without limitation the implied warranties of merchantability and fitness for a particular purpose.In no event shall We be liable for any damages whatsoever, and in particular we shall not be liable for special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use arising out of use of this website, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise.
DEFECTIVE GOODS AND RETURNS
4.1In the unlikely event that the Goods are not what you ordered, are damaged, defective or the delivery is an incorrect quantity you must notify us in writing of the problem within 7 calendar days of receiving your Order.
4.2Where the Goods are damaged or defective or incorrect, we ask you to return the Goods to us at our cost and once we have checked that the Goods are faulty, we will:
(a) provide you with a full or partial refund; or
(b) replace the Goods.
4.3These Terms will apply to any replacement Goods we supply to you.
4.4If you are unhappy with the Goods for any other reason, you may return them to us in their original condition at your own cost within 14 calendar days of receipt. On receipt of the Goods by us in their original condition we shall refund you the cost of the Goods but excluding any postal or carriage charges.
5.1We will deliver the Goods to you to the address provided in your Order within seven calendar days of the date set out in the Order.
5.2Delivery of the Order shall be completed when we deliver the Goods to you.
5.3We will take reasonable steps to meet the delivery date set out on the Order or as otherwise agreed between us in writing. However, occasionally delivery may be affected by factors beyond our control and so cannot be guaranteed. We will let you know if we become aware of an unexpected delay and will arrange a new delivery date with you.
5.4 If we are not able to deliver the whole of the Order at one time due to operational reasons or shortage of stock, we will deliver the order in instalments.We will not charge you extra delivery costs for this. If you ask us to deliver the Order in instalments, we may charge you extra delivery costs. Each instalment shall constitute a separate contract. If we are late delivering an instalment or one instalment is faulty, that will not entitle you to cancel any other instalment.
5.5If you do not receive Goods ordered by you within 30 working days of the date on which you ordered them you must notify us in writing at [ address ] of the problem.
TITLE AND RISK
6.1The Goods will be your responsibility from the time of delivery and we will not be responsible or liable for their loss or destruction.
6.2Ownership of the Goods will only pass to you when we receive payment in full of all sums due for the Goods, including delivery charges.
PRICE AND PAYMENT
7.1The price of the Goods will be as set out on our website at the time you place your Order. We reserve the right to update prices as necessary.
7.2These prices include VAT. However, if the rate of VAT changes between the date of the Order and the date of delivery, we will adjust the VAT you pay,unless you have already paid for the Goods in full before the change in the rate of VAT takes effect.
7.3These prices exclude delivery costs, which will be stated separately at the time you complete and submit your Order online.
7.4It is always possible that, despite our best efforts, some of the Goods we sell may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that, where the Goods' correct price is less than our stated price, we will charge the lower amount when dispatching the Goods toyou. If the Goods' correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Goods, or reject the Order and tell you. We do not have to provide the Goods to you at the incorrect (lower) price.
7.5We must receive from you full payment for all Goods in advance by credit or debit card through Paypal before your Order can be accepted. [We will not charge your credit or debit card until we dispatch your order.]
LIMITATION OF LIABILITY
8.1Subject to clause 8.3 and clause 8.2, if we fail to comply with these Terms, our liability to you shall be limited to the value of the Goods ordered by you in the relevant transaction.
8.2Subject to clause 8.3, we shall not be responsible for losses that result from our failure to comply with these Terms which fall into the following categories:
(a) loss of income or revenue;
(b) loss of profit;
(c) loss of business;
(d) loss of anticipated savings;
(e) any consequential, indirect or special loss or damage;
(f) loss of contracts, business, data, goodwill or reputation; or
(g) any waste of time.
8.3Nothing in this agreement excludes or limits in any way our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
8.4This website and the test papers or material downloaded or received by you from us may include inaccuracies or typing errors. Changes are made from time to time on this website, and to the information contained within it. Advice received or gleaned from this website should not be relied upon for personal, medical, legal or financial decisions and you should contact an appropriate professional for specific advice tailored to your requirements.
8.5We shall have no liability to you for any failure to provide access to the website. Whilst every effort is made to ensure access to the web site at all times, there may be periods where the website is offline.
EVENTS OUTSIDE OUR CONTROL
9.1We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (Force Majeure Event).
9.2A Force Majeure Event includes any act, event, non-occurrence,or accident beyond our reasonable control and includes, in particular (without limitation), the following:
(a) strikes, lock-outs or other industrial action;
(b) Goods not being available from our third party suppliers or wholesalers;
(c) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(d) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(e) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(f) impossibility of the use of public or private telecommunications networks; or
(g) pandemic or epidemic.
9.3,Our obligations under these Terms are suspended for the period that the Force Majeure Event continues, and we will have an extension of time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms can be performed despite the Force Majeure Event.
ACCOUNTS AND REVIEWS
i. You will need to provide a username and password to order from us and use other features of the site. It is up to you to keep your account details up to date and secure.Your username must not contain profanity, defame others or be deemed offensive by us. Your account may be suspended if it does not meet these guidelines.
ii.All accounts expire two years from date of registration.
iii.Registered users are permitted to post reviews on products provided that they comply with the following Customer Review Guidelines. All reviews are subject to approval. We will not approve reviews that:
- Contain derogatory comments directed towards other reviewers.
- Contain content that will infringe upon the material, trademarks or intellectual property (e.g. copyright, trademark, privacy or trade secrets) of others.
- Contain content that might be considered sexually gratuitous, profane, unlawful, defamatory, libellous, abusive, incendiary, racially or sexually offensive, or obscene.
- Contain content that might be considered to be harassment, abuse or threats against the personal safety or property of others.
- Make false statements, defame or impersonate others.
- Contain spamming or advertising.
- Contain personal information about anyone – including yourself – such as phone numbers, postal addresses or credit card numbers.
- Contain HTML or computer script.
- Do not discuss the product being reviewed.
You acknowledge that any review, feedback or rating which you leave may be published and agree that it may be displayed for as long as we consider appropriate and that we may use the content for marketing purposes.
iv. You agree to indemnify and hold us harmless against all damages costs expense and liability (including any claim or action brought by third parties,) arising out of or in connection with any feedback, ratings, reviews or material posted by you on the website, including the violation of any privacy or intellectual property rights.
v.You grant us a non-exclusive, royalty-free worldwide license to use or edit any reviews or material posted by you. We reserve the right to publish, edit or remove any reviews or material without notifying you.
vi.We may from time to time ask for content for the blog section of the site, and the same rules apply tothese as reviews.
CONDITIONS OF USE - COPYRIGHT
This website and its content is copyright of [RTG Limited] - © [RTG Limited 2014]. All rights reserved.Registered members may save and print individual items included on this Site. However this must be for your personal, non-commercial use only. Any other onward distribution, further publication or commercial exploitation is prohibited. Schools, teaching establishments, tutoring groups or other organisations wishing to make use of the material on our website should contact us regarding licensing terms.
You may not transfer any of your rights or obligations under these Terms to another person without our prior written consent, which we will not withhold unreasonably. We can transfer all or any of our rights and obligations under these Terms to another organisation, but this will not affect your rights under these Terms.
All notices sent by you to us must be in writing and sent to [COMPANY NAME] at [ADDRESS]. We may give notice to you at either the e-mail or postal address you provide to us when you register as a user or in the Order. Notice will be deemed received and properly served 24 hours after an e-mail is sent or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that the e-mail was sent to the specified e-mail address of the addressee.
We do not sell products or services for purchase by children. We sell children's products and services for purchase by adults. If you are under 18, you may use the website only with the involvement of a parent or guardian.
16.1If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will,to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
16.2If we fail, at any time while these Terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any of our rights or remedies under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
16.3A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
16.4 These Terms shall be governed by English law and both you and us agree to the non-exclusive jurisdiction of the English courts.[We do not accept orders from addresses outside the [UK and Channel Islands,] [European Union][ and European Economic Area].]