Inclusive Employers Terms of Online Sales
1. General Information
1.1
These Conditions are supplemental to Inclusive Employers Limited’s “Disclaimer” “Copyright Policy” and “Privacy Policy” and tell you the terms and conditions on which Inclusive Employers Limited (IEL) supply any of the goods and/or services listed on the IEL Website.
1.2
Please read these terms and conditions (the “Terms“) carefully before ordering any goods and/or services from the IE Website. You should understand that by ordering any of our goods and/or services, you agree to be bound by these Terms.
1.3
You should print a copy of these Terms for future reference.
1.4
By ordering any goods and/or services on the IE Website you accept these Terms.
2. Definitions and Interpretation
2.1
In these Terms the following definitions apply unless the context requires otherwise:
“Cooling-off Period” means in the case of the purchase of services, the 7 working day period commencing on the day following the day IEL accepts Your Order and, in the case of the purchase of goods, the 7 working day period commencing on the day following the day on which you receive the goods.
“Business Customer” means any purchaser who is not a consumer;
“Consumer” means any natural person who, when placing an Order, is acting for purposes which are outside his or her trade, business or profession.
“Event” any training course or event offered by IEL.
“IEL” means Inclusive Employers Limited, a company incorporated in England and Wales under company number 07337659 whose registered office is at 19 Short Street, Waterloo, London, England SE1 8LJ.
“IE Website” means the website with the URL of www.inclusiveemployers.co.uk.
“Member” means an organisation whose application for membership of IE has been accepted by IEL.
“Order” means an order for goods and/or services which is subject to these Terms.
“Party” means each of IEL and the Member and “Parties” shall be construed accordingly.
“you“, “your” means the customer detailed on the order
2.2
In the event of any conflict, ambiguity or inconsistency between IEL’s “Terms of Use” and these Terms these Terms shall prevail.
3. Placing an Order
3.1
The appearance of the goods or services on our Website is an invitation to you to make an offer to purchase them by placing an order with IEL. To place your Order, please follow the steps set out on the IE Website.
3.2
Where your email address has been provided on the Order IEL will acknowledge receipt of your Order. Please note that such an acknowledgment does not mean that your Order has been accepted.
3.3
Acceptance will take place and be deemed complete and effectively communicated to you on the earlier of: a) the date of any confirmation email sent by IEL; b) despatch of the goods ordered; or c) delivery of the services ordered.
3.4
If you do not receive a confirmation email we recommend that you first check your spam/junk box and then contact IEL to confirm that your Order has been received and processed.
3.5
If, following acceptance of an Order IEL does not supply the goods or services to you for any reason, IEL will not charge you for those goods or services and will refund any money already paid for them. However IEL will not be responsible for compensating you for any other losses which you may suffer if it does not supply the Goods or Services.
4. Prices and Payment
4.1
The prices payable for the goods and services (including any delivery charges) are as set out on the IE Website. All prices are stated in UK Pounds Sterling and are exclusive of any applicable sales tax, duty or VAT.
4.2
Prices are liable to change at any time. Subject to clauses 5.3 and 10.3, such changes will not apply to Orders of which IEL has already confirmed receipt.
4.3
Whilst IEL tries to ensure that the prices and descriptions of the goods and services shown on the IE Website are accurate at the time you place your Order, mistakes may sometimes occur. If we discover a mistake in the price or description of the goods or services IEL will contact you as soon as possible and give you the option to either re-order the goods or services at the correct price or description or to cancel your Order. If IEL cannot contact you it will treat the Order as having been cancelled. If the Order is cancelled IEL will not charge you for those goods or services and will refund any money already paid for them.
4.4
IEL must receive payment of the price of the goods or services in full and cleared funds before your goods or services are delivered. Payments must be by credit card or debit card unless otherwise agreed in writing.
5. Your Cancellation of an Order
5.1 IEL’s cancellation policy varies depending on the type of goods or services purchased.
5.2 Events
5.2.1
You may cancel an Order for a place at an Event provided that notice of such cancellation is received no less than 14 days prior to the day of the Event in which case we shall refund 50% of the Event price to you. Unless otherwise specified, any cancellation notices received less than 14 days prior to the day of the Event shall not be eligible for a refund.
5.2.2
You may send a substitute attendee if the original attendee can no longer attend.
5.2.3
Non-payment and/or non-attendance do not constitute valid cancellation and IEL reserves the right, in its sole discretion, to charge (and you agree to pay) the full Event price in such circumstances.
5.2.4
If you are a Consumer you may cancel an Order placed via the IE Website at any time during the Cooling-off Period in which case you shall be entitled to receive a full refund of any course fee which has been paid. If there is less than 7 working days between the date IEL accepts the Order and the date of the Event IEL shall give you a full refund provided that the Order is cancelled no later than the day before the Event.
5.2.5
Where more than one Event place is booked together each place may be cancelled individually to receive a pro-rata refund in accordance with this clause 4.2.
5.3 Documents
5.3.1
IEL will automatically process an Order for downloadable documents before the end of the Cooling-off Period. As such an Order for downloadable documents may only be cancelled before the document has been prepared for you.
5.3.2
If you are a Consumer please note that by submitting an Order for downloadable documents you agree to waive your right to the Cooling-off Period granted by the Consumer Contracts Regulations. Therefore, if you wish to cancel your order and receive a full refund, you must notify IEL in writing before IEL prepares the documents. Your other consumer rights are not affected.
5.4 Other Goods or Services
5.4.1
If, at any time after you have placed the Order, you wish to cancel or amend it and you are not contracting as a Consumer, you should email or telephone us. IEL shall not be obliged to accept any change or cancellation, but if IEL does accept the change, it may be entitled to recover from you any unavoidable losses that IEL suffers as a result of the change or cancellation and may charge you the price for the goods which is ruling as at the date of the variation (opposed to any price quoted as at the date of the Order).
5.4.2
If you are contracting as a Consumer, unless you have ordered personalised goods, subject to clause 4.4.2, you may cancel an Order we have accepted at any time during the Cooling-off Period. In this case, you will receive a full refund of the price paid for the goods or services.
5.4.3
You shall not be entitled to cancel an Order for services where you are contracting as a Consumer if: (i) you have agreed that we may begin providing the services ordered prior to the expiry of the Cooling-off Period; and (ii) we have begun to perform any such services.
5.5 General Provisions
5.5.1
To cancel an Order, you must inform us in writing.
5.5.2
You must return any goods in respect of which an Order has been cancelled to IEL immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the goods while they are in your possession. If you fail to comply with this obligation, IEL may have a right of action against you for compensation.
5.5.3
If you cancel an Order and do not return the goods to IEL as required, IEL may charge you its direct costs of recovering the goods.
5.5.4
Nothing in these Terms affects a consumer’s statutory rights. For more information regarding a consumer’s statutory rights please visit the Citizens Advice Bureau website at: www.citizensadvice.org.uk.
6. Cancellation by IEL
6.1
IEL reserve the right to cancel an Order which it has accepted if:
6.1.1
IEL encounters technical problems in delivering the goods or services; or
6.1.2
the goods or services requested are no longer available;
6.1.3
one or more of the goods or services you ordered was listed at an incorrect price due to a typographical error or an error in pricing information.
6.2
If IEL cancels an Order pursuant to clause 6.1, IEL will notify you by e-mail and will re-credit to your account any sums already paid by you to IEL in accordance with clause 7. IEL will not be liable for any compensation for disappointment or damages for any other loss suffered as a result of the cancellation.
7. Refunds
7.1
We will process all refunds due to you as soon as possible (and, in any event, where you are a Consumer, within 30 days of the date on which you notify us (or we notify you) of a wish to cancel).
7.2
Refunds will usually be made using the same method originally used by you to pay for your purchase of the Goods.
8. Delivery
8.1
The method of delivery varies depending on the type of goods or services purchased.
8.1.1 Training Courses & Events
i. IEL will issue an email confirmation of a successful booking to the email address supplied on your Order as soon as possible following acceptance of the Order.
ii. IEL aims to confirm a booking within 10 days of the date of your Order.
8.1.2 Online Documents
i. IEL will deliver the documents (usually in either a word or pdf format) to the email addressed supplied on your Order as soon as possible following acceptance of the Order.
ii. IEL aims to deliver the documents within 10 days of the date of Your Order. You should notify IEL in writing at its contact address if you do not receive the documents within such 10 day period.
8.1.3 Other goods or services
i. IEL will use its reasonable endeavours to deliver the goods or service on or around the estimated delivery date notified to you upon confirmation of acceptance of an Order.
i. Where no estimated delivery date is provided, IEL shall deliver the goods or services within a reasonable period of time following acceptance of the Order.
9. Defective Goods or Services
9.1
If you are a Consumer and have purchased personalised goods or, if you are a Business Customer and have purchased any goods, then you may only return them to IEL if they are damaged or not substantially in accordance with your order specifications (“Defective Goods”). You may return any Defective Goods to us and we will, at your option, either replace the Defective Goods or give you a full refund of the price actually paid and any delivery charges reasonably incurred in receiving and returning the Defective Goods PROVIDED THAT you return them within a reasonable period of time after the date that you received them.
9.2
Nothing in these Terms affects a consumer’s statutory rights.
9.3
If you receive Defective Goods you shall act reasonably when seeking redress and not incur any unnecessary costs. In particular you shall:
9.3.1
report faults as soon as reasonably practicable; and
9.3.2
look after the Defective Goods with due care.
9.4
If you are a Consumer and have purchased services which in your opinion have not been performed in accordance with these Terms, then you may cancel the Order and, IEL will either re-perform the defective services or, subject to IEL’s own investigation substantiating your claim, give you a full refund of the price actually paid within 30 days of confirmation of your entitlement to a refund.
10. Additional terms relating to Events
10.1
IEL cannot guarantee that your booking for an Event is secure until payment has been received from you in full.
10.2
Unless otherwise stated, the price includes any materials and any refreshments provided by IEL in respect of a particular Event.
10.3
IEL reserves the right to increase the price of an Event at any time prior to the day of the Event due to any factors beyond our reasonable control. IEL shall provide you with as much notice as reasonably possible of any such increases in price.
10.4
You shall be responsible for all of your attendees and will indemnify IEL and keep IEL indemnified against all losses, damages, costs and expenses awarded against, or suffered or incurred by IEL or its suppliers as a result of the actions or omission of such persons.
10.5
You shall provide IEL with such co-operation and information as it may reasonably require in relation to your attendance at the Event, including without limit details of any special requirements (such as dietary or access requests) that you may have.
10.6
IEL shall inform you as soon as reasonably possibly of any change to (for example, content, location or time) cancellation or postponement of an Event. Where an Event is cancelled or postponed IEL will contact you to rearrange a new event and, if you are unable to attend the revised event, IEL shall refund the price paid to you.
10.7
The intellectual property rights (including, without limit, copyright and trade marks) arising out of or in relation to the Event (including, without limit, any materials provided by IEL) shall, as between IEL and you, remain vested in IEL. You shall not be entitled to copy or distribute any of our materials or content provided to you prior to or during the Event without our prior written consent.
11. Liability
11.1 IEL warrants that:
11.1.1
where you are a Consumer and purchase any goods from IEL through the IE Website, such goods shall be of satisfactory quality or reasonably fit for purpose;
11.1.2
where you are a Business Customer and purchase any goods from IEL through the Website, such goods shall correspond with the description on the IE Website; and
11.1.3
any services purchased from IEL through the IE Website are performed with reasonable skill and care and correspond with the description on the IE Website.
11.2
IEL shall not be liable for any loss or damage to the goods where you have: (a) damaged the goods through your own activity or inactivity; (b) misused the goods and caused a fault (e.g. through the use of incompatible systems); or (c) attempted to repair the goods.
11.3
IEL uses reasonable endeavours to ensure that all the content provided in any documents purchased from IEL is correct at the time of publication. The content is provided in the documents on an information basis only and should not be relied upon. No responsibility is accepted by IEL for any errors, omissions, or misleading content in the documents.
11.4
IEL does not guarantee the accuracy, timeliness, completeness, performance or fitness for a particular purpose of the content supplied in any documents purchased from IEL. IT IS YOUR RESPONSIBILITY TO SELECT THE CORRECT DOCUMENT FOR YOUR NEEDS. You should take legal advice regarding this if you are uncertain. Likewise, completion of any blanks or alternatives is entirely your responsibility.
11.5
For the avoidance of doubt, if you are a Business Customer and purchase goods or services from IEL through the IE Website, IEL does not warrant that the goods or services will be of satisfactory quality or reasonably fit for purpose. It is your responsibility to ensure that the goods and services fulfil your requirements. All conditions, warranties, stipulations and other terms which might otherwise be implied by statute, common law or the law of equity are excluded to the fullest extent permitted by law.
11.6 Save as provided in clause 11.7:
11.6.1
IEL’s total aggregate liability to you in respect of any goods or services purchased from IEL through the IE Website (whether in contract, tort (including, but not limited to, negligence) or strict liability or otherwise howsoever arising) shall not exceed the total price payable by you to IEL for such goods or services;
11.6.2
IEL will not be liable for any claim to the extent that it relates to loss of profits, loss of business, goodwill, business opportunity or anticipated savings, injury to reputation, third party losses or indirect, consequential or special loss or damage regardless of whether IEL knew or had reason to know of the possibility of the loss or damage in question; and
11.6.3
IEL will not be liable for any delay in or failure to comply with its obligations (including, without limitation, a failure to provide an Event) to the extent that such failure results from circumstances beyond IEL’s reasonable control.
11.7
Nothing in these terms shall limit our liability for personal injury or death caused by our negligence, fraud or fraudulent misrepresentation and/or for any other loss or damage the exclusion or limitation of which is prohibited by English law.
12. Data Protection, Privacy and Cookies
Please see our “Privacy Policy” for details as to how IEL will treat your personal data. This is located at Privacy Policy – Inclusive Employers
13. IEL’s right to vary these Terms
IEL reserves the right to change these Terms at any time without prior notice to you. The changes will not apply to any purchase where IEL have already confirmed receipt of your Order.
14. Written Communications
14.1
IEL is required by law to provide certain information or communications to you in writing.
14.2
When using the IE Website, you accept that communication with IEL will be mainly electronic. IEL will contact you by e-mail or provide you with information by posting notices on the IE Website. You agree to this electronic means of communication.
15. Governing Law
Any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to these Terms shall be governed and construed in accordance with English law. You and IEL hereby accept the exclusive jurisdiction of the English courts or where you are a consumer living in Scotland, Wales or Northern Ireland, the law and courts of the relevant part of the United Kingdom.
16. General
16.1
Even though any contract between you and IEL relating to your purchase of the goods or services is concluded over the internet, you and IEL agree that it has been concluded in England in writing.
16.2
You may not sub-contract, transfer or assign any rights and/or obligations under the Order without IEL’s prior written permission.
16.3
The remedies available to either you or IEL under the Terms shall not exclude or limit any other rights that you or IEL may have against each other. Any failure by us to enforce any of our rights under these Terms shall not affect our right to enforce them at a later date.
16.4
If a court or other regulatory body finds that any part of these Terms is invalid or unenforceable, the remainder of them shall not be affected and shall be construed as if such invalid or unenforceable part did not exist.
16.5
Nothing in these Terms is intended to or shall operate to create a partnership or joint venture of any kind between us or to authorise either of us to act as agent for the other, and neither of us shall have authority to act in the name or on behalf of or otherwise to bind the other in any way (including but not limited to the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
16.6
These Terms are not intended to create and shall not create any rights, entitlements, claims or benefits enforceable by any third party by virtue of the Contracts (Rights of Third Parties) Act 1999.