This website is operated by CPD Solutions Limited, a company incorporated in England and Wales with company number 03974122 referred to as (“CPD Solutions, we or us”). As user of this website, you acknowledge that any use of this website including any transactions you make are subject to our terms and conditions below (which include any other hyperlinked sections eg the Privacy Policy).
Please:
• read through these terms and conditions carefully before using this website;
• print a copy for future reference; and
• also read our Privacy Policy regarding your personal information.
1. TERMS OF USE
1.1 We reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted on the website and it is your responsibility to read the terms and conditions on each occasion you use this website and your continued use of the website shall signify your acceptance to be bound by the latest terms and conditions.
1.2 Various elements of the content, products and services accessible via this Website may not be provided by us but instead by other companies. CPD Solutions is unable to guarantee that such products and services on any website that are accessible via this Website are virus or error free.
1.3 If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account.
1.4 We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.
1.5 We will make all reasonable efforts to ensure that all information provided by us in connection with this Website is accurate at the time of its inclusion; however, there may be errors, in accuracies or omissions in respect of which we exclude all liability. We make no representations or warranties about information included on our web pages (including links to third parties web pages). You shall be solely responsible for any decision based on the information contained on such web pages.
1.6 Information provided on this Website by CPD Solutions Limited does not constitute legal or professional advice and should not be relied upon without taking independent advice. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Website or by anyone who may be informed of its contents.
1.7 This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose without our express written consent. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of CPD Solutions and its affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilising CPD Solutions or its affiliates’ names or trademark without the express written consent of CPD Solutions.
1.8 You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way.
1.9 You understand that you, and not CPD Solutions are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only.
1.10 You must not use the website for any of the following:
• for fraudulent purposes, or in connection with a criminal offence or other unlawful activity
• to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any “spam”
• to cause annoyance, inconvenience or needless anxiety.
1.11 All contents included on the Website, such as text, graphics, logos, icons, images, audio clips, digital downloads, data complications and software, is the property of CPD Solutions, its affiliates or its content suppliers and is protected by UK and International copyright, author’s rights and database right laws. The compilation of all content on this Website is the exclusive property of CPD Solutions and its affiliates and is protected by United Kingdom and International copyright and database right laws. All software used on this Website is the property of CPD Solutions, our affiliates or our software suppliers and is protected by UK and International copyright and author’s rights laws.
1.12 You may not systematically extract and/or reutilise parts of the contents of the Website without CPD Solutions’ express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering an extraction tools to extract (whether once or many times) for reutilisation of any substantial parts of this Website, without CPD Solutions’ express written consent. You may also not create and./or publish your own database that features substantial (e.g. our prices and product listings) parts of this Website without CPD Solutions’ express written consent.
1.13 You acknowledge and agree that the material and content contained within this website is made available for your personal non-commercial use only and that you may only download such material and content for the purpose of using this website. You further acknowledge that any other use of the material and content of this website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
2. FORMATION OF CONTRACT
2.1 These terms and conditions shall apply to all contracts for the supply of goods by us to you.
2.2 Upon receipt of your order we will send to you an order acknowledgement email detailing the goods you have ordered. Please note that this email is not an order confirmation or order acceptance from CPD Solutions.
2.3 No contract exists for the sale of any goods until we have despatched the goods to you or notified you of their despatch or notified you that they are available for collection.
2.4 We do not file details of your order for you to subsequently access direct on this website and therefore you should print out these terms and conditions in the order acknowledgment for your own records. If you wish to obtain specific details of your previous order(s), you should contact us at the address given below.
3. DESCRIPTION AND PRICE OF THE GOODS
3.1 The description and price of the goods ordered will be as shown in our current catalogue or on our website at the time the order is placed.
3.2 The goods are subject to availability. If on receipt of your order the goods ordered are not available in stock, we will inform you as soon as possible, and refund or re-credit any sum that has been paid or debited from your credit card for the goods.
3.3 Every effort is made to ensure that prices shown in our current catalogue or shown on our website are accurate. If an error is found in relation to ordered goods, we will inform you as soon as possible and offer you the option of reconfirming the order at the correct price or cancelling the order. If you decide to cancel, we will refund or re-credit any sum that has been paid or debited from your credit card for the goods.
3.4 In addition to the price, you will be required to pay a delivery charge for the goods, in accordance with the section “Delivery Options” on the order form.
3.5 The price of the goods and delivery charges are inclusive of VAT.
4. PAYMENT
4.1 Payment of the price for any goods ordered is due in pounds sterling on ordering the goods.
4.2 No payment shall be deemed to have been received and no order shall be processed until we have received cleared funds or confirmation of a valid credit card payment.
4.3 Payment may be made by credit or debit card, bank transfer or cheque in favour of “CPD Solutions Limited” sent to the above address
5. DELIVERY
5.1 Goods will be delivered to the address given when you place your order. Should you wish to subsequently change the delivery address or method of delivery you will also be required to pay an additional charge. PO Box numbers are not acceptable.
5.2 Where you wish to order express delivery by courier this must be notified to us on +44(0)151 328 0444 and by doing so you agree to pay in advance the courier’s charges.
5.3 The following are the estimated delivery times, which are not of the essence or other than an estimate:
UK – 3-5 working days after order accepted
EU – 7-14 working days after order accepted
Otherwise – 14-28 days after order accepted
5.4 If we are unable to supply the goods ordered, we will inform you as soon as possible, and refund or re-credit any sum that has been paid by or debited from your credit card for delivery.
5.5 Every effort will be made to deliver the goods within the time specified in the order. However, we will not be liable for any losses suffered through any reasonable or unavoidable delay in delivery.
5.6 Title to any goods you order on this website shall pass to you on delivery or collection of the goods provided that we have received payment in full for the goods.
6. RIGHT OF CANCELLATION (CONSUMER SALES ONLY)
6.1 As a consumer you have the right to cancel the contract at any time up to the end of seven working days after you receive the goods. A working day is any day other than weekends and bank or other public holidays.
6.2 To exercise the right of cancellation, you must give written notice to us by hand or post, fax or email, at the address, fax number or email address shown below, giving details of the goods ordered and (where appropriate) their delivery.
6.3 If you exercise this right of cancellation after the goods have been delivered, you will be responsible for returning the goods to us at your own cost. Goods must be returned to the address shown below. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit.
6.4 Once you have notified us that you are cancelling the contract, we will within 30 days refund or re-credit any sum that has been paid or debited from your credit card for the goods.
6.5 If you do not return the goods as required, we may charge you a sum not exceeding the actual costs of recovering the goods.
6.6 You do not have the right to cancel the contract if the order is for audio or video recordings or computer software, which have been unsealed or opened by you or for goods which by their nature cannot be returned or are liable to deteriorate or expire rapidly.
7. WARRANTY
7.1 We warrant that on delivery the Goods shall be of satisfactory physical quality within the meaning of the Sale of Goods Act 1979.
7.2 We shall not be liable for a breach of the warranty in condition 7.1 unless:
(a) you give us written notice of the defect, and, if the defect is as a result of damage in transit, to the carrier, within [7] days of delivery; and
(b) you return such goods to our place of business
7.3 Subject to condition 7.2 if any of the goods do not conform with the warranty in condition 7.1 we shall at our option replace such goods or refund the price of such goods at the pro rata contract price provided that you have at your own expense returned the goods to us.
7.4 If we comply with condition 7.3 we shall have no further liability for a breach of the warranty in condition 7.1 in respect of such goods.
7.5 Any goods replaced shall belong to us and any replacement goods shall be guaranteed on these terms.
7.6 The media content of the goods presents the professional views of the lecturer. CPD Solutions Limited has no professional qualification in this field and accepts no responsibility for the accuracy of the media content of the goods.
7.7 The goods are for your use only .
7.8 The data may not be transferred or sublicenced or used for resale.
7.9 The media content including data and software may not be copied, reverse engineered or disassembled. The CD-ROM is copy-protected; therefore you will not be able to make a backup copy of the disc. If you accidentally damages the original disc, we will replace it free of charge if you return it with the receipt and the original packaging. A charge may be made for post and packing for the replacement.
8. LIMITATION OF LIABILITY
8.1 Nothing in these conditions excludes or limits the liability of CPD Solutions:
(a) for death or personal injury caused by CPD Solutions negligence; or
(b) under section 2(3), Consumer Protection Act 1987; or
(c) for any matter which it would be illegal for CPD Solutions to exclude or attempt to exclude its liability; or
(d) for fraud or fraudulent misrepresentation.
8.2 Subject to condition 8.1:
(a) CPD Solutions total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the contract shall be limited to a replacement of the goods supplied pursuant to that contract or (at our option) a refund of the purchase price relating to that contract;
(b) CPD Solutions shall not be liable for loss of profit, loss of business, or depletion of goodwill in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the contract; and
(c) CPD Solutions will use its reasonable endeavours to verify the accuracy of any information on the site but makes no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website and CPD Solutions accepts no liability of any kind for any loss or damage from action taken or taken in relation on material or information contained on the site.
8.3 This clause 8 does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.
8.4 Goods are supplied on the basis that they will be used for domestic use only. If you are planning to use them for business purposes, CPD Solutions excludes (to the fullest extent permitted by law) those warranties and conditions relating to fitness of the goods for a particular purpose. CPD Solutions also withdraws your rights to the statutory cancellation period of 7 business days which is applicable in consumer contracts only.
8.5 CPD Solutions shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these terms and conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.
9. DATA PROTECTION
9.1 We will take all reasonable precautions to keep the details of your order and payment secure, but unless we are negligent, we will not be liable for unauthorised access to information supplied by you.
9.2 The Supplier will only use the information provided by the Buyer in accordance with the Privacy Policy.
10. GENERAL
10.1 If any provision of the contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the contract and the remainder of such provision shall continue in full force and effect.
10.2 These terms of sale and the supply of the goods will be subject to English law, and the English courts will have jurisdiction in respect of any dispute arising from the contract.
10.3 You may not assign or sub-contract any of your rights or obligations under these terms and conditions or any related order for products to any third party.
10.4 CPD Solutions reserves the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of its rights or obligations under these terms and conditions or any related contract to any third party.
10.5 These terms and conditions do not create or confer any rights or benefits enforceable by any person that is not a party within the meaning of the Contracts (Rights of Third Parties) Act 1999 except:
(a) any company in the CPD Solutions group of companies; and
(b) a person who is a permitted successor or assignee under condition 10.4 above of the rights or benefits of these terms and conditions may enforce such rights or benefits
No consent from the persons referred to in this condition 10.5 is required for the parties to vary or rescind these terms and conditions (whether or not in any way that varies or extinguishes rights or benefits in favour of such third parties).
10.6 No term of the contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
11. COMMUNICATIONS
Communications to us should be sent:
by post to:-
CPD Solutions Limited
Oaklands Park
Hooton Road
Ellesmere Port
Cheshire
CH66 7NZ
by fax to: +44 (0)151 328 0555
by email to: courses@cpd-solutions.com
THE FOLLOWING TERMS ADDITIONALLY APPLY TO NON CONSUMER SALES
12. DELIVERY
12.1 The quantity of any consignment of goods as recorded by us on despatch from our place of business shall be conclusive evidence of the quantity received by you on delivery unless you can provide conclusive evidence proving the contrary.
12.2 We shall not be liable for any damage to or non-delivery of Goods (even if caused by our negligence) unless you give written notice to us in the case of damage within [7] days of receipt or in the case of non-delivery within [30] days of the date of order.
