Terms and Conditions of Sale
These Terms and Conditions will apply to any contract between us for the sale of publications to you (contract) pursuant to website orders and orders placed by telephone, post or email and are entered into on the assumption that you are contracting as business and not as a consumer as defined in the Consumer Contracts (information, cancellation and additional charges) Regulations 2013 or any other applicable consumer legislation. If this is not the case, you should let us know and we will provide you with our terms and conditions for the sale of our Publications to consumers. Please read these Terms and Conditions carefully and make sure that you understand them, before ordering any publications from us. Please note that before placing an order you will be asked to agree to these Terms and Conditions. If you refuse to accept these Terms and Conditions, you will not be able to order any publications from us.
We amend these Terms and Conditions from time to time as set out in clause 6. Every time you wish to order publications, please check these Terms and Conditions to ensure you understand the terms which will apply at that time. These Terms and Conditions are updated as of 27 June 2018.
1. Information about us
1.1 BRCGS operate the website www.brcgsbookshop.com and have been authorised by BRC Trading Ltd. who is the copyright holder of the publications to sell the publications.
1.2 Contacting us. You may contact us by emailing our customer service team at email@example.com. If you wish to give us formal notice of any matter in accordance with these Terms and Conditions, please see clause 13.2.
2. Use of our site
3. How we use your personal information
4. How the contract is formed between you and us
4.1 Our shopping pages will guide you through the steps you need to take to register for a My Account to be set up on our site in order to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.
4.2 After you place an order, you will be directed to the Sagepay payment gateway website in order to make payment. The contract between us will be formed when you have received confirmation that payment has been received by us in full.
4.3 Upon receipt of payment, you will receive an email confirmation of your order following which you will be directed back to your My Account section on our site from which any PDF’s you have ordered will be available for download and in the case of orders for hard-copies a time-frame within which delivery will be made.
5. RIGHT OF CANCELLATION
5.1 If you choose to cancel your order, you may do so within 14 days from when you made your order without giving any reason.
5.2 To cancel your order, you must inform us of your decision via email to firstname.lastname@example.org before the 14-day period has expired.
5.3 We will reimburse you no later than 30 days from the day on which we receive your cancellation notice. We will use the same means of payment as you used for the transaction, and you will not incur any fees for such reimbursement.
5.4 You cannot cancel your order for any reimbursement for the supply of content in the format of an unlocked PDF if delivery of the content has already been fulfilled and the unlocked PDF shows up in your My Downloads section. Hence, we would caution all customers to be careful when making an order for an unlocked PDF as these sales are final and non-refundable.
6. Our right to vary these Terms
6.1 We amend these Terms and Conditions from time to time. Please look at the top of this page to see when these Terms and Conditions were last updated and which Terms and Conditions were changed.
6.2 Every time you order publications from us, the Terms and Conditions in force at the time of your order will apply to the contract between you and us.
7. Restrictions on Use
7.1 You will not without our prior written consent resell, loan or part with possession of the publications or any part of them.
7.2 If you purchase the publication in a PDF format it will be on the basis that it is being licensed to a sole named user who is permitted to install a single electronic copy of it for use on a single computer. Such user may print off a single hard copy. Further reproduction of the single printed copy is not permitted.
7.3 If you purchase a hard copy of the publication then you may not make an additional copy in any format, electronic or otherwise.
6.4 Copyright subsists in the publications. Except as permitted under the Copyright, Designs and Patents Act 1988 and under this clause 6, you may not reproduce the publications in whole or in part without our prior written permission.
8.1 We will deliver the publications to you within the timescale indicated in your My Account. Occasionally our delivery to you may be affected by an event outside our control. See clause 13 for our responsibilities when this happens.
8.2 Delivery of an order shall be completed when we deliver the publications to the address you have provided and the Publications will be your responsibility from that time.
8.3 Subject to clause 7 above, you own the publications once we have received payment in full, including all applicable delivery charges.
9. International delivery
9.1 We do deliver to most countries, however, there may be some countries we do not deliver to as they may have import restrictions so please check with local customs before ordering any publications.
9.2 If you order any publications from our site for delivery to one of the international delivery destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
9.3 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
9.4 You must comply with all applicable laws and regulations of the country for which the publications are destined. We will not be liable or responsible if you break any such law.
10. Price of publications and delivery charges
See Appendix 1 below for examples of delivery charges.
10.1 The prices of the publications will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of publications are correct at the time when the relevant information was entered onto the system.
10.2 Prices for our publications may change from time to time, but changes will not affect any order you have already placed.
10.3 The price of a product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the publications in full before the change in VAT takes effect.
10.4 The price of a product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please refer to our delivery charges page.
11. How to pay
11.1 You can only pay for publications using a debit card or credit card. The Sagepay service we use determines the type of credit or debit cards accepted.
11.2 Payment for the publications and all applicable delivery charges is in advance.
12. Warranties and Liability
12.1 We only supply the publications for internal use by your business, and you agree not to use the product for any resale purposes.
12.2 Nothing in these Terms and Conditions limits or excludes our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) breach of the Terms and Conditions implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
12.3 Subject to clause 12.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the contract for
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
12.4 Subject to clause 12.2, our total liability to you in respect of all losses arising under or in connection with the contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the publications.
12.5 Except as expressly stated in these Terms and Conditions, we do not give any representation, warranties or undertakings in relation to the publications. Any representation, condition or warranty which might be implied or incorporated into these Terms and Conditions by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the publications are suitable for your purposes.
13. Events outside our control
13.1 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 an event outside our control. An event outside our control is defined below in clause 13.2.
13.2 An event outside our control means any act or event beyond our reasonable control.
13.3 If an event outside our control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a contract will be suspended and the time for performance of our obligations will be extended for the duration of the event outside our control. Where the event outside our control affects our delivery of publications to you, we will arrange a new delivery date with you after the event outside our control is over.
13.4 You may cancel a contract affected by an event outside our control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant publications you have already received and we will refund the price you have paid, including any delivery charges.
14. Communications between us
14.1 When we refer, in these Terms and Conditions, to "in writing", this will include e-mail.
(a) Any notice or other communication given by you to us, or by us to you, under or in connection with the contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail (email@example.com).
(b) A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second business day after posting or if sent by e-mail (firstname.lastname@example.org), one business day after transmission.
(c) 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 email, that such email was sent to the specified email address of the addressee.
(d) The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
15. Other important terms
15.1 We may transfer our rights and obligations under a contract to another organisation, but this will not affect your rights or our obligations under these Terms and Conditions.
15.2 You may only transfer your rights or your obligations under these Terms and Conditions to another person if we agree in writing.
15.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the contracts (Rights of Third Parties) Act 1999 or otherwise.
15.4 Each of the paragraphs of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
15.5 If we fail to insist that you perform any of your obligations under these Terms and Conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
15.6 You may also bring proceedings in Scotland.
15.7 Any dispute or claim arising out of or in connection with this contract or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
15.8 We both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a contract or its subject matter or formation (including non-contractual disputes or claims).
Below are some selected examples of costs for a small range of available delivery services.
£5.25 Next day, UK mainland service up to 1kg
£6.35 Next day, UK mainland service, single pack 1kg - 30kg
£8.45 Next day, UK mainland service, multiple packs 1kg - 30kg
£29.25 Euro Zone 4 (France & Germany), up to 25kg
£41.20 Euro Zone 5 (Austria, Czech Rep., Denmark, Finland, Greece, Italy, Poland, Portugal,
Spain and Sweden), up to 30kg
REST OF THE WORLD
£33.00 Global Zone 8 (Australia, China, Singapore & South Africa), 1kg
£54.25 Global Zone 8 (Australia, China, Singapore & South Africa), 5kg
£77.00 Global Zone 8 (Australia, China, Singapore & South Africa), 10kg
The BRCGS Bookshop will calculate the exact delivery charge for any given order. All orders will be managed and dispatched by the BRCGS Bookshop dispatch team.
Royal Mail deliveries will have a return address on the packaging so if the package is not delivered it will be automatically returned to the BRCGS Bookshop.
All parcels sent outside of the UK are tracked and would be automatically returned to the BRCGS Bookshop if not signed for by the end user.
If for any reason you are not fully satisfied with your order please return to BRCGS Bookshop, Unit A1 Dolphin Way, Shoreham by Sea West Sussex BN43 6NZ United Kingdom.
As set out in Clause 5.4, sales of unlocked PDFs once delivered to your My Downloads section of your account, are non-returnable and non-refundable. Hence, we caution customers to be careful when making an order of unlocked PDF.
These tariffs may change on a regular basis depending on third party charge rates.