Terms and conditions of sale
Brand Financial Training Ltd
Last updated 10 May 2017
Please read this carefully as this document sets out the terms and conditions on which Brand Financial Training Ltd supply you with our products.
1.1 “Buyer” means the individual who buys or agrees to buy the Goods and/or Services from the Supplier;
1.2 “Consumer” shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
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;
1.4 “Goods” means the articles that the Buyer agrees to buy from the Supplier;
1.5 ‘Intellectual Property Rights’ means patents, rights to inventions, copyright and moral rights, trade marks and service marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
1.6 “Services” means the services that the Buyer agrees to buy from the Supplier;
1.7 “Supplier” means Brand Financial Training Ltd, 1 Larkfield Grove, Chepstow NP16 5UF that owns and operates brandft.co.uk and fselearning.co.uk;
1.8 “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;
1.9 “Website” means brandft.co.uk and fselearning.co.uk.
2.1 Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
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.
2.3 It is your responsibility to make any and all arrangements necessary in order to access the Website.
2.4 Access to the Website is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue the Website (or any part of it) at any time and without notice. We will not be liable to you in any way if the Website (or any part of it) is unavailable at any time and for any period.
2.6 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
2.7 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.
2.8 Any special conditions applying to the provision of the Services are set out in the Schedule to this agreement.
2.9 Any complaints should be addressed to the Supplier’s address stated in clause 1.6.
3 INTELLECTUAL PROPERTY RIGHTS
3.1 All Intellectual Property Rights in or arising out of or in connection with the provision of the Goods under this contract shall be owned by the Supplier.
3.2 The Supplier grants to the Customer, or shall procure the direct grant to the Customer of, a fully paid-up, non-exclusive, royalty-free licence during the term of the Contract for the purpose of receiving and using the Goods.
3.3 The Customer shall not sub-license, assign or otherwise transfer the rights granted by clause 3.2.
4 USE OF GOODS AND/OR SERVICES
4.1 All Goods and/or Services are purchased solely for the personal use of the Buyer. The Goods and/or Services are supplied to the original Buyer only and may not be transferred.
4.2 The Buyer may not copy, summarise or reproduce any of the Goods and/or Services in any form.
4.3 The Buyer may not email, lend, hire or give any Goods and/or Services to individuals or companies for either commercial or non-commercial use.
4.4 The Buyer may not sell the Goods and/or Services to individuals or companies for either commercial or non-commercial use.
4.5 Should any illegal use of any materials be discovered, legal actions may be instigated against the Buyer.
5.1 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.
5.2 When placing an order electronically via the Website, the technical steps the Buyer needs to take to complete the order process are given. By submitting an electronic order the Buyer is making an offer to purchase Goods and/or Services which, if accepted by the Supplier, will result in a legally binding contract.
5.3 In the unlikely event that the Supplier does not accept or cannot fulfil the Buyer’s order for any reason, the Supplier will explain why in writing. No payment will be taken under normal circumstances. If the Supplier has taken payment any such sums will be refunded to the Buyer as soon as possible and in any event within 14 days.
5.4 The Buyer has a legal right to a “cooling-off” period within which you can cancel the Contract for any reason. This period begins once your order is complete, i.e. when the Contract between the Supplier and the Buyer is formed. The Buyer may also cancel for any reason before the Supplier accepts the order.
5.5 Any refunds due under this Clause 5 will be made using the same payment method that you used when ordering the Goods unless you specifically request that the Supplier make a refund using a different method.
5.6 The legal cooling-off period ends 14 calendar days after the day on which the buyer receives the Goods.
5.7 If the Buyer wishes to exercise his or her right to cancel under this Clause 5, he or she must inform the Supplier of their decision within the cooling-off period. Cancellation by email or by post is effective from the date on which the Buyer sends the message. Please note that the cooling-off period lasts for whole calendar days.
5.8 By placing an order, the Buyer agrees to receive our newsletter and other email communications. The Buyer can unsubscribe at any time.
6 PRICE AND PAYMENT
6.1 The price of the Goods and/or Services shall be that stipulated on the Website. The price is inclusive of VAT unless otherwise stated. If the VAT rate changes between the Buyer’s order being placed and the Supplier taking payment, the amount of VAT payable will be automatically adjusted when taking payment . Where applicable, the price excludes delivery charges.
6.2 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.
6.3 We make all reasonable efforts to ensure that all prices shown on the Website are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. Changes in price will not affect any order that you have already placed (please note sub-Clause 6.1 regarding VAT, however).
6.4 In the event that the price of Goods the Buyer has ordered changes between the Buyer’s order being placed and the Supplier processing that order and taking payment, the Buyer will be charged the price shown on the Website at the time of placing the order.
6.5 After the order is received the Supplier shall confirm by email the details, description and price for the Goods and/or Services.
6.6 Payment of the price including VAT and delivery charges, if applicable, must be made in full before dispatch of Goods or commencement of the Services or, if the Supplier agrees to credit terms, within 30 days of receipt of invoice.
6.7 Where applicable, if any payment is not paid on time or 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.
6.8 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 8% per annum above the base rate of the Bank of England from time to time in force.
7.1 The Supplier shall begin to perform Services on the date shown for the selected Service shown on the Website.
7.2 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.
7.3 Whilst the Supplier makes every effort to ensure that all information (written and verbal) provided is accurate and correct at the time, no liability for any claims in relation to loss of business or consequential damage incurred by a Consumer as a result of using or relying on the information will be accepted. The Supplier shall not accept responsibility for loss or damage, whether direct, indirect, incidental or consequential in connection with or arising from your use of or any information provided by or omitted by the Supplier.
7.4 The Goods and Services could include inaccuracies or typographical errors and is in no way intended to be an official representation of the Chartered Insurance Institute™ examinations. The Chartered Insurance Institute™ does not review or warrant the accuracy of any Goods or Services offered by the Supplier. The Supplier may make improvements and/or changes to documentation at any time without notice.
7.5 Nothing in these Terms and Conditions seeks to exclude or limit the Buyer’s legal rights as a consumer. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
8 RIGHTS OF SUPPLIER
8.1 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.
8.2 The Supplier reserves the right to withdraw any Goods and/or Services from the Website at any time.
8.3 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.
9.1 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.
9.2 Delivery of the Goods and/or Services shall be made electronically to the Buyer’s email address specified in the order.
9.3 Risk in the Goods and/or Services shall pass to the Buyer upon delivery of the Goods and/or Services.
9.4 Title in the Goods and/or Services shall not pass to the Buyer until payment of the price has been made in full.
10 CANCELLATION AND RETURN
10.1 In accordance with The Consumer Protection (Distance Selling) Regulations 2000 you have a right of cancellation. The Buyer may cancel any Contract for electronically delivered Goods and/or 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.
10.2 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Supplier by email at email@example.com 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.
10.3 Where a claim of defect or damage is made, the Buyer shall be entitled to a replacement or a full refund (including delivery costs) plus any return postal charges if applicable.
10.4 Where the Buyer cancels the Goods, Goods must be returned by the Buyer at the Buyer’s expense within 28 days of cancellation in the original packaging and should be adequately insured during the return journey. The Buyer will receive a refund of all monies paid for the Goods (including delivery charges, if any) except for return postal charges. If the Buyer fails to return the Goods following cancellation, the Supplier shall be entitled to deduct the cost of recovering the Goods from the Buyer.
10.5 Goods to be returned must clearly show the order number obtained from the Supplier on the package.
10.6 Where returned Goods are found to be damaged due to the Buyer’s fault the Buyer will be liable for the cost of remedying such damage.
11 LIMITATION OF LIABILITY
11.1 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 whatsoever.
11.2 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.
12 HOW WE USE YOUR PERSONAL INFORMATION (DATA PROTECTION)
12.1 All personal information that the Supplier may collect (including, but not limited to, the Buyer’s name, address and telephone number) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and the Buyer’s rights under that Act.
12.2 The Supplier may use the Buyer’s personal information to:
(a) Provide Our Goods and services to the Buyer;
(b) Process the Buyer’s order (including payment) for the Goods; and
(c) Inform the Buyer of new products and/or services available from the Supplier. The Buyer may request that the Supplier stop sending the Buyer this information at any time.
12.3 The Supplier will not pass on the Buyer’s personal information to any third parties without first obtaining the Buyer’s express permission.
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.
14 FORCE MAJEURE
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.
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.
16 CHANGES TO TERMS AND CONDITIONS
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.
17 GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the law of England and Wales and the parties hereby submit to the exclusive jurisdiction of the English and Welsh courts.