Product Terms and Conditions
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the courses and other products or services (Products) listed on our website www.clinfield.com (our site) to you (“Product Terms and Conditions”). Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these Product Terms and Conditions.
You should print a copy of these Product Terms and Conditions for future reference.
INFORMATION ABOUT US
- 1.1 www.clinfield.com is a site operated by Clinfield Limited (we). We are registered in England and Wales under company number 07174209 and with our registered office at 32 Portland Terrace, Newcastle upon Tyne, NE2 1QP. Our main trading address is 58 Mawson Road, Cambridge, CB1 2EA.
SERVICE AVAILABILITY AND PRODUCT DETAILS
- 2.1 Given the nature of our current Products, our site is only intended for use by people resident in the United Kingdom. We do not accept orders from individuals outside the United Kingdom.
- 2.2 In relation to Products (eg courses):
- courses are inclusive of refreshments and course materials and lunch is provided on all full day courses.
- if you have any special needs (eg dietary or otherwise) please contact us at least 10 business days in advance of the course
- dress code is smart casual
- mobile phones should be turned off during courses
By placing an order through our site, you warrant that:
- You are legally capable of entering into binding contracts; [and]
- You are at least 18 years old; and
- You are resident in the United Kingdom
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
- 4.2 For offline (conventional) (i); registration; and (ii) payment of a Product, you will in the first instance need to contact us directly whether by email (in the first instance email@example.com), telephone (0800 988 7979) or post (58 Mawson Road, Cambridge, CB1 2EA). We encourage online registration and payment for our Products (as set out at clause 4.1), and this process is secure, simple and easy to use. Nonetheless, we are willing to accept offline registration and payment in the event that you wish to register and pay for a Product offline. As offline registration and payment requires manual administration on our part, you will, at the time of making payment for a Product, need to pay an additional administration fee equal to five percent (5%) of the full (ie non-discounted) Product fee. Any order placed by you under this clause
- 4.2 must be in writing and will constitute an offer from you to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an invoice (by e-mail, or by post), which, upon payment will confirm that the Product has been bought (the Confirmation). The contract between us (Contract) will only be formed when the invoice has been paid and will incorporate these terms and conditions regarding the Product.
- 4.3 The Contract will relate only to those Products whose purchase we have confirmed in the Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the purchase of such Products has been confirmed in a relevant Confirmation.
- 5.1 Please note that in some cases, we accept orders as agents on behalf of third party sellers. The resulting legal contract is between you and that third party seller, and is subject to the terms and conditions of that third party seller, which they will advise you of directly. You should carefully review their terms and conditions applying to the transaction.
- 5.2 We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.
- 6.1 If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after Confirmation of the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 10 below).
- 6.2 To cancel a Contract, you must inform us in writing at least 10 business days in advance of the date for which the Product is valid (eg the date of the relevant course).
- 6.3 You will not have any right to cancel a Contract for the supply of any Product if you do not inform us in writing at least 10 business days in advance of the date for which the Product is valid and you will not be entitled to any refund of the fees paid for the Product.
AVAILABILITY AND DELIVERY
Your order will be fulfilled on the date set out in the Confirmation, unless there are exceptional circumstances (eg such as bad weather, or, an insufficient number of delegates registered and paid up for the particular course to prevent that course from running at a financial loss).
RISK AND TITLE
- 8.1 The Products will be at your risk from the time of Confirmation.
- 8.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including any registration or administration charges.
PRICE AND PAYMENT
- 9.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
- 9.2 These prices include VAT if applicable.
- 9.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Confirmation.
- 9.4 It is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when selling the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before selling the Product, or reject your order and notify you of such rejection.
- 9.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
- 9.6 Payment online for all Products must be with Mastercard, Visa, or American Express.
- 9.7 Payment offline must be against the relevant supplied invoice and invoice number and by either (i) cheque made payable to “Clinfield Limited”; or (ii) by direct payment to our bankers (details of which are set out on our invoice).
OUR REFUNDS POLICY
- 10.1 When you seek to cancel a Product (eg a registered and paid place on a particular course):
- because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 6.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, including your costs in registering and paying for the Product, and any of our administration costs which you have paid.
- for any other reason, we will apply our normal refunds policy, such that the length of notice period from you to us regarding a particular Product (and course date) correlates to the level of cancellation fees we apply:
- 10 business days notice (or fewer) before course date: 100% Product cancellation fee
- 11 – 20 business days notice before course date: 85% Product cancellation fee
- 21- 60 business days notice before course date: 50% Product cancellation fee
- 10.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
- 10.1 When you seek to cancel a Product (eg a registered and paid place on a particular course):
- 11.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
- 11.2 Our liability for losses you suffer as a result of us breaking this agreement (including deliberate breaches) is strictly limited to the purchase price actually paid for the Product you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
- 11.3 This does not include or limit in any way our liability:
- For death or personal injury caused by our negligence;
- Under section 2(3) of the Consumer Protection Act 1987;
- For fraud or fraudulent misrepresentation; or
- For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
- 11.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and even if such losses result from a deliberate breach of these Terms by us that would entitle you to terminate the contract between us, including but not limited to:
- loss of income or revenue
- loss of business
- loss of profits or contracts
- loss of anticipated savings
- loss of data
- loss of data, or
- waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable;
provided that this clause 11.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 11.1 or clause 11.2 or any other claims for direct financial loss that are not excluded by any of categories (a) to (g) inclusive of this clause 11.4.
- 11.5 Where you buy any Product from a third party seller through our site, the seller’s individual liability will be set out in the seller’s terms and conditions.
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Clinfield Limited at 58 Mawson Road, Cambridge, CB1 2EA, or to firstname.lastname@example.org. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 12 above. Notice will be deemed received and properly served immediately when posted on our website, 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 such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
TRANSFER OF RIGHTS AND OBLIGATIONS
- 14.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
- 14.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
- 14.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
EVENTS OUTSIDE OUR CONTROL
- 15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
- 15.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- (Strikes, lock-outs or other industrial action.
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
- Fire, explosion, storm, flood, heavy snow and ice, or other severe weather, earthquake, subsidence, epidemic or natural disaster.
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- Impossibility of the use of public or private telecommunications networks.
- Impossibility of the use of a venue required for a Product (eg course meeting room or classroom)
- The acts, decrees, legislation, regulations or restrictions of any government.
- 15.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
- 15.4 We will not pay for any costs incurred by you (eg transport costs) in the event that we cancel a Product as a consequence of any of the events set out at clause 15.2; rather we will offer you a full refund of the Product price or extend the validity of the Product (eg such that it can be used for another course date).
- 16.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
- 16.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
- 16.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 13 above.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
- 18.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us, relating to the subject matter of any Contract.
- 18.2 We each acknowledge that, in entering into a Contract, (and the documents referred to in it), neither of us relies on any statement, representation, assurance or warranty (Representation) of any person (whether a party to that Contract or not) other than as expressly set out in these terms and conditions.
- 18.3 Each of us agrees that the only rights and remedies available to us arising out of or in connection with a Representation shall be for breach of contract as provided in these terms and conditions.
- 18.4 Nothing in this clause shall limit or exclude any liability for fraud.
OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
- 19.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business and Products, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
- 19.2 You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
LAW AND JURISDICTION
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of England and Wales.