Publications purchasing terms and conditions
The terms and conditions governing Publications purchasing.
The Publications terms and conditions are effective from 7 December 2017.
If you are purchasing a publication Product (as defined below) the following terms and conditions will apply:
1.1 These terms and conditions (the ‘Conditions’) form the whole of our ‘Agreement’ with you.
1.2 In the Conditions ‘we’, ‘us’ and ‘our’ means the Construction Industry Training Board (Registered Charity Number 264289 in England and Wales and SC044875 in Scotland), known as CITB; ‘you’ means the individual or organisation ordering Products under these terms and conditions; ‘Credit Account’ means a pre-arranged credit account with us; ‘Description’ means our description of a Product that may be purchased from us; ‘Dispatch’ means the time Hardcopy Products are dispatched from us or our warehouse, or for Online Products the time we send you the email with log-in details in order to access; ‘Hardcopy Products’ means those hardcopy versions of publications that are printed or in CD or DVD format and require delivery following ordering; ‘Online Products’ means those digital products accessible online through our GOLD Learner Management System, and we send you an email containing log-in details for you to access; ‘Order’ means a request by you to purchase Products from us; ‘Order Number’ means a number provided by us to you after you place an Order; ‘Products’ means Hard Copy Products or Online Products you have ordered from us; ‘Returns Number’ means a number provided by us to you if you are to return Products to us; and ‘Working Days’ means a day other than a Saturday or Sunday or a public or bank holiday in England and Wales.
1.3 These Conditions replace all other terms and conditions previously applicable to the sale of the Products and shall apply to any Order to the exclusion of any other terms and conditions. We may at any time revise these Conditions, in whole or in part, without notice. You agree to review the Conditions regularly and any Order placed by you signifies acceptance of them. We may not necessarily keep a copy of your Order and these Conditions and advise you to keep a copy of them for your information in the future.
1.4 If you are placing an Order online your use of the website is also subject to terms and conditions governing the use of our website. Access to the website is on a temporary basis and we reserve the right to amend or withdraw the service without notice. We will not be liable if for any reason the website is unavailable at any time and for any period.
2.1 To purchase Products you must be over 18 years of age. If you are under 18 you may purchase a Product only with the involvement of a parent or guardian.
3.1 You may place an Order by following the ordering process on our website; by telephoning our Publications Department or by e-mailing our Publications Department.
3.2 If you place an Order online you are able to correct errors in your Order up to the point at which you click ‘submit’ on the final page of our ordering process and we will notify you by e-mail as soon as possible to confirm receipt and details of your Order.
3.3 Any Order received by us shall be treated as an Order unless it is clear to us that it is intended to be confirmation of an Order by being clearly marked as such.
4.1 All Orders for Products shall be regarded as an offer by you to purchase the Products under the terms of the Agreement.
4.2 Although we make every effort to ensure that the Product Descriptions and prices on our website or in our literature are accurate, mistakes may occasionally happen. We reserve the right to cancel any Order for Products where any such mistake has occurred, even after we have accepted such an Order. However, where pricing is concerned, if the correct price is lower than stated we will process your Order and charge you the lower price. If the correct price is higher we will notify you in writing and give you the option of paying the higher price. If you do not wish to pay this, we will cancel your Order.
4.3 After placing an Order online, you will receive an e-mail from us acknowledging that we have received your Order. Please note that this does not mean that your Order has been accepted. Acceptance of your offer will take place on Dispatch to you of the Products ordered unless we notify you in writing of our acceptance at any time prior to such Dispatch. Our acceptance of your Order brings into existence a legally binding Agreement between us.
5.1 You are responsible for the selection of the Products, and any Description, advice or recommendation given by us to you as to the suitability, fitness for any purpose, application or use of the Products is intended for guidance only and is followed or acted upon entirely at your own risk. Accordingly we shall not be liable for any such Description, advice or recommendation.
6.1 The prices of the Products are as listed in our published price lists. We reserve the right to change prices listed without notice.
6.2 Prices shown exclude VAT and any other government duty or tax applicable unless explicitly made clear to include VAT. When you order Products for delivery outside the UK the Order may be subject to import duties and taxes which are levied once the package reaches the specified destination. Customs duties vary from country to country. Any additional charges for customs clearance or otherwise must be borne by you.
6.3 If the Products are to be delivered to a postal address in the UK postal and packing charges are free, unless our Publications Department notify you otherwise prior to Dispatch, or you select an express delivery service.
6.4 If the Products are delivered to an address outside the UK postal and packing charges are payable by you. If you order online, your delivery charge will be calculated automatically. If you are not ordering online, prior to placing your Order please contact our Publications Department for the amount of the postal and packing charge payable by you.
7.1 All payments must be made in UK sterling (GBP).
7.2 Payment shall be made before the Products are Dispatched other than where we agree to payment being made through an active Credit Account. If you fail to make any payment prior to Dispatch or on the due date, as applicable, without prejudice to any other right or remedy available to us, we shall be entitled to cancel the Agreement or suspend any further deliveries to you.
7.3 Where payment is to be made by a Credit Account, payment shall be made within 30 days of the date of invoice. If full payment is not received when due we shall be entitled to include interest on the amount outstanding from the date when such payment is due until the date of actual payment (both after as well as before judgment) at a rate per annum of 4 per cent above the base rate from time to time of Barclays Bank plc. If we must recover the outstanding payment and/or Products, recovery costs are to be paid by you.
8.1 Without waiver or limitation of any rights or remedies we shall be entitled to set-off any and all monies owed by us to you against any and all monies owed by you to us under this or any other contract.
9.1 If your Order is accepted, we will aim to deliver within 10 Working Days and in any event within 30 days starting on the day after you have placed your Order, unless you are pre-ordering a Product not yet available, in which case it will be 30 days from the date of publication by us, or as advised within the Product description (the ‘Latest Delivery Date’). The place of delivery for Hardcopy Products shall be as stated in the Order, which will be a postal address, and for Online Products it will be the email address you have specified in your Order (‘Delivery Address’). If we are not able to deliver the Products by the Latest Delivery Date you will be informed of this and, unless you request us to continue processing your Order, you shall be reimbursed as soon as possible and in any event within 30 days starting on the day after the Latest Delivery Date.
9.2 For operational reasons the Products may be delivered in instalments. Any failure by us to deliver any one or more of the instalments in accordance with this Agreement or any claim by you in respect of any one or more instalments shall not entitle you to treat the Agreement as a whole as terminated.
9.3 If the Products are delivered by carrier a valid proof of delivery obtained for the Delivery Address constitutes a successful delivery.
9.4 If you do not receive the Products you have ordered within 30 days of placing an Order you must notify us immediately, unless you are pre-ordering a Product not yet available. In the absence of such notice from you to us the Products shall be deemed to have been delivered and accepted by you complete and in a satisfactory condition. Thereafter you shall not be entitled to reject the Products, we shall have no liability for any defects or failure and you shall be bound to pay the price as if the Products had been delivered in accordance with this Agreement.
10.1 Risk of damage to or loss of the Products shall pass to you upon delivery at the Delivery Address.
10.2 Ownership of Products passes to you on the latter of receipt by us of full payment or delivery to you of the Products at your Delivery Address. We may recover any Products supplied at any time prior to ownership passing if you are in breach of these Conditions.
11.1 You should inspect the Products when you receive them for defects or damage. If you find a defect or damage you must tell us as soon as possible, by contacting the Publications Department as set out in condition 18 below. If the Products are found to be damaged or defective upon delivery to you, at our option we will repair or replace the Products or refund the price paid by you.
11.2 At our request and direction you shall send to us the damaged or defective Products. We will check all Products returned as damaged or defective. In the event we find no fault we reserve the right not to refund you and to recover our fees and expenses from you.
12.1 Cancellations and returns are at our sole discretion and provisional upon you indemnifying CITB for all costs and charges incurred by us in the original delivery of those Products and their subsequent return including any handling charges, and provided you inform us by email to firstname.lastname@example.org or by phone of your wish to cancel or seek a refund within 14 days from receipt of the Products. Should you wish to return a Product please contact the Publications Department by telephone on 0344 994 4122 or email email@example.com. Your statutory rights are not affected.
12.2 You may not cancel the Agreement if the Products delivered have been customised or personalised or, if the Products are CDs, DVDs, audio or video recordings or computer software, if they are unsealed, or, if you have already accessed Online Products.
12.3 If we agree to you cancelling the Agreement you are to return the Products to us in their original condition, undamaged and at your cost within 14 days of such cancellation. If you have not returned the Products within 14 days of cancellation we can collect the Products from you at your cost. Once we have receipt of the Products and they have been verified we can proceed with the refund.
12.4 If you contact us to return Products under Clauses 11 or 12 and we agree to the return, you shall provide your Order Number. We shall provide you with a Returns Number for Products to be returned.
12.5 Products returned should be packaged securely, clearly identified with a Returns Number and addressed to our respective warehouse. We shall provide you with this address.
12.6 Any Products returned will be at your risk and we shall not be responsible for Products which are damaged or lost in transit.
13.1 The names, images and logos identifying CITB are proprietary marks of CITB.
13.2 All other trademarks, brand names, product names and titles and copyright used in our website, our catalogue, or the Products, are trademarks, brand names, product names or copyrights of their respective holders. No permission is given by CITB in respect of the use of any of them and such use may constitute an infringement of the holder’s rights.
13.3 Copyright subsists in our website, our literature (including Descriptions) and our Products. No part of our website, our literature (including Descriptions) or our Products may be reproduced in any form without our prior written consent.
14.1 Nothing in this Agreement is intended to limit liability for (a) death, personal injury caused by our negligence; or (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be excluded or limited by English or Welsh law.
14.2 Subject to clause 14.1 we shall not be liable to you:
14.2.1 For any indirect, special or consequential loss of any nature whatsoever; or
14.2.2 For any loss of profits, loss of income, other economic loss, loss of business, loss of contracts, loss of goodwill, loss of data, administrative inconvenience or disappointment.
14.2.3 Where performance of any obligation to you is prevented or impeded by any circumstance or cause beyond our reasonable control including without limitation strikes and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
14.3 Subject to clause 14.1, our liability to you in contract, tort or otherwise is limited to the cost of replacing the Products ordered.
14.4 We do not accept liability for shortages in quantities delivered unless you notify us of any claim of short delivery of the Products within two Working Days of delivery. In such circumstances our liability shall be restricted to making good the shortfall.
14.5 We accept no liability for any reliance placed upon the contents of any Product supplied. The said material is intended for reference purposes only and is not intended, nor should it be used, as a substitute for professional advice and judgement or to provide legal advice with respect to particular circumstances.
15.1 By placing an Order you are allowing us to use your personal details for the purpose of supplying the Products (including passing your details on to couriers and other subcontractors).
16.1 A person who is not a party to this Agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this contract but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
16.2 The headings in these Conditions are for convenience only and shall not affect their interpretation.
16.3 If any part of the Conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Conditions will not be affected.
16.4 The Agreement between us shall be governed by and interpreted in accordance with English and Welsh law and the English and Welsh courts shall have non-exclusive jurisdiction to resolve any disputes between us.
17.1 If you have a complaint, please contact our Publications Department quoting, where applicable, the Order Number.