Terms and conditions
Sale and Purchase Terms and Conditions
Section A: General Terms and Conditions of Sale and Purchase
The General Terms and Conditions of Sale and Purchase in this Part 2, Section A (together with our Website Terms and Conditions (see Part 1) and the Terms and Conditions for Publications (see Part 2, Section B below) and/or Terms and Conditions for Services (see Part 2, Section C below) (as applicable) provides information about us and the terms and conditions on which we sell any of the publications (“Publication(s)”) and/or provide any of the events products (“Events”) and/or training products (“Training”) (collectively referred to as “Services”), listed on the BRCGS Website (our site).
We amend these terms and conditions from time to time as set out in clause 6. Every time you wish to order Publications and/or Services, please check these terms and conditions to ensure you understand the terms and conditions which will apply at that time.
1.1 “Agreement” means these terms and conditions as applicable to the sale and purchase of Publications and/or the supply of Services; “Customer” means the company, organisation or individual which purchases the Publication and/or Services; “BRCGS” means BRC Trading Limited (company number: 04281617 ); “Order Confirmation” means confirmation of the Publications and/or Services ordered by the Customer through the BRCGS Website; and “Personnel” means any officers, employees, agents or sub-contractors.
1.2 The Agreement between the parties shall be on the terms and conditions set out below, whether or not the same are endorsed upon, delivered with or referred to in the Order Confirmation.
- INFORMATION ABOUT US
2.1 BRCGS operates the BRCGS Website and is the authorised seller of the Publications and Services.
2.2 Contacting us. You may contact us by emailing our customer service team at firstname.lastname@example.org (for Publications queries), email@example.com (for Training queries) or firstname.lastname@example.org (for Events queries). If you wish to give us formal notice of any matter in accordance with these terms and conditions, please see clause 13.2.
- USE OF OUR SITE
Your use of our site is governed by the Website Terms and Conditions. Please take the time to read these, as they include important terms which apply to you.
- HOW WE USE YOUR PERSONAL INFORMATION
We only use your personal information in accordance with our Privacy Notice. Please take the time to read our Privacy Notice, as it includes important terms which apply to you. You can read the Privacy Notice HERE.
- HOW THE AGREEMENT IS FORMED BETWEEN YOU AND US
5.1 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.
5.2 After you place an order, you will be directed to the Sagepay payment gateway website in order to make payment. The Agreement between us will be formed when you have received confirmation that payment has been received by us in full.
5.3 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 orders can be viewed.
- 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 place an order the relevant terms and conditions in force at the time of your order will apply to the Agreement between you and us.
- COMMUNICATIONS BETWEEN US
7.1 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 Agreement 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.
- Intellectual Property Unless otherwise specified, the ownership of any and all rights in and to any copyright, patents, designs, conceptual solutions, analyses, processes, inventions, software, databases, know-how, confidential information, any other rights in intellectual property (whether registered or unregistered) or otherwise (“IP”), other than third party rights, contained in Publications, training materials and/or arising as a result of BRCGS providing the Services (“BRCGS IP”), shall remain vested in BRCGS. BRCGS grants the Customer a non-exclusive non-transferable licence to use the BRCGS IP solely in accordance with this Agreement.
Section B: Terms and Conditions for Publications
This Part 2, Section B should be read together with our Website Terms and Conditions (see Part 1) and the General Terms and Conditions of Sale and Purchase (see Part 2, Section A above). In case of any inconsistency and/or discrepancy with the terms and conditions set out in Part 2, Section A, in so far as the relevant transaction relates to the purchase of Publications, the terms and conditions set out in this Part 2, Section B shall take precedence.
These terms and conditions will apply to any Agreement between us for the sale of a Publication to you pursuant to orders on the BRCGS Website 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 a publication to consumers.
Please read these terms and conditions carefully and make sure that you understand them, before ordering any Publication 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 Publication from us.
- RIGHT OF CANCELLATION AND RETURN
1.1 Subject to clauses 1.2 and 1.3, if you choose to cancel your order, you may do so within 14 days from when you made your order without giving any reason and/or by following our returns policy set out in Appendix 2 below.
1.2 To cancel your order, you must inform us of your decision via email to email@example.com before the 14 day period has expired. If the goods have already been dispatched or delivered, you will need to observe our returns policy set out in Appendix 2 below.
1.3 Please note that sales of unlocked PDFs once delivered to your My Downloads section of your account are non-returnable and non-refundable. Hence, we caution you to be careful when making an order for an unlocked PDF.
- RESTRICTIONS ON USE
2.1 You will not, without our prior written consent, resell, loan or part with possession of a Publication (or any part of it), or use the content of a Publication for commercial benefit or exploitation.
2.2 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.
2.3 If you purchase a hard copy of the publication then you may not make an additional copy in any format, electronic or otherwise.
2.4 Copyright subsists in the Publication. Except as permitted under the Copyright, Designs and Patents Act 1988 and under this clause 2, you may not reproduce the Publication in whole or in part without our prior written permission.
3.1 We will deliver the Publication 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 8 for our responsibilities when this happens.
3.2 Delivery of an order shall be completed when we deliver the Publication to the address you have provided and the Publication will be your responsibility from that time.
3.3 Subject to clause 2 above, you own the Publication once we have received payment in full, including all applicable delivery charges.
- INTERNATIONAL DELIVERY
4.1 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 Publication.
4.2 If you order any Publication 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.
4.3 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.
4.4 You must comply with all applicable laws and regulations of the country for which the Publication are destined. We will not be liable or responsible if you break any such law.
- PRICE OF PUBLICATION AND DELIVERY CHARGES
See Appendix 1 below for our delivery charges.
5.1 The price of Publication 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.
5.2 Prices for our Publications may change from time to time, but changes will not affect any order you have already placed.
5.3 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.
5.4 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.
- HOW TO PAY
6.1 You can only pay for a Publication using a debit card or credit card. The Sagepay service we use determines the type of credit or debit cards accepted.
6.2 Payment for a Publication and all applicable delivery charges is in advance.
- WARRANTIES AND LIABILITY
7.1 We only supply Publication for internal use by your business, and you agree not to use the product for any resale purposes.
7.2 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
7.3 Subject to clause 7.2, 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 Agreement 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.
7.4 Subject to clause 7.2, our total liability to you in respect of all losses arising under or in connection with the Agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Publications.
7.5 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.
- EVENTS OUTSIDE OUR CONTROL
8.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under an Agreement that is caused by an event outside our control. An event outside our control is defined below in clause 8.2.
8.2 An event outside our control means any act or event beyond our reasonable control.
8.3 If an event outside our control takes place that affects the performance of our obligations under an Agreement:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under an Agreement 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.
8.4 You may cancel an Agreement 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.
- OTHER IMPORTANT TERMS
9.1 We may transfer our rights and obligations under an Agreement to another organisation, but this will not affect your rights or our obligations under these terms and conditions.
9.2 You may only transfer your rights or your obligations under these terms and conditions to another person if we agree in writing.
9.3 This Agreement 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.
9.4 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.
9.5 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.
9.6 You may also bring proceedings in Scotland.
9.7 Any dispute or claim arising out of or in connection with this Agreement 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.
9.8 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 an Agreement or its subject matter or formation (including non-contractual disputes or claims).
APPENDIX 1 – DELIVERY CHARGES
Costs for our delivery services cover dispatch admin, packaging and postage costs vary depending on location as follows:
£5.95 Next day, UK mainland service
REST OF THE WORLD
All orders will be managed and dispatched by our dispatch team.
APPENDIX 2 – RETURNS POLICY
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 contact our sales team by email (firstname.lastname@example.org) or letter within 14 days of a hard copy Publication being delivered to you with an explanation as to why you are not satisfied. Before a refund is issued we ask you to return the order to BRCGS Bookshop, Unit A1 Dolphin Way, Shoreham by Sea West Sussex BN43 6NZ United Kingdom within 14 days of receipt of delivery.
When returning a Publication, please pack the item carefully and securely in the original packaging and ensure that you have enclosed your receipt. You will remain responsible for the Publication until it is received by us in a saleable condition. We reserve the right to decline to refund any returned Publications that have been used in any way or where the Publication has been damaged or written on.
The cost of returning unwanted Publications is the Customer’s responsibility and we would strongly urge that you use a recorded delivery service and retain your proof of posting in case the parcel gets lost or damaged and you need to make a claim from your chosen courier. For your further protection, we would suggest that you consider making your own separate insurance arrangements.
Provided the returned Publication is received by us in a saleable condition, we will reimburse you no later than 30 days from the day on which we receive the returned item and your notice of return. Any refund due will be paid by us using the same payment method used for the original transaction.
Please contact our sales team and a member of staff will be happy to guide you through this process should you wish.
Section C: Terms and Conditions for Services
This Part 2, Section C should be read together with our Website Terms and Conditions (see Part 1) and General Terms and Conditions of Sale and Purchase (see Part 2, Section A above)). In case of any inconsistency and/or discrepancy with the terms and conditions set out in Part 2, Section A, in so far as the relevant transaction relates to the purchase of Services, the terms and conditions set out in this Part 2, Section C shall take precedence.
These terms and conditions will apply to any Agreement between us for the provision of Events and/or Training to you pursuant to orders made on the BRCGS Website 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 services to consumers.
Please read these terms and conditions carefully and make sure that you understand them, before ordering any Services 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 Services from us.
1.1 The price for the Services will be specified in the Order Confirmation (“Price”).
1.2Unless expressly stated otherwise the Price is exclusive of VAT which shall be charged at the rate and in the manner prescribed by law from time to time.
- Payment Payment for the Services shall be made by the Customer through Sagepay in full and in advance using a debit card or credit card. The Sagepay service determines the type of credit or debit cards accepted.
- Liability and Indemnity 3.1 BRCGS shall perform the Services with reasonable care and skill. Except to the extent that BRCGS can be shown to have been negligent in carrying out the Services or in providing information or advice to the Customer, BRCGS accepts no responsibility for the use made of any information or advice arising therefrom by the Customer or any third party. The aggregate liability of BRCGS under this Agreement shall be limited to the value of the Services, and the Customer shall have a duty to mitigate any loss suffered by it pursuant hereto. In no event shall BRCGS be liable for loss of profits, loss of business or revenue, loss of anticipated savings, depletion of goodwill, any third party claims, or any indirect or consequential loss or damage, which arise out of or in connection with this Agreement. Nothing in this Agreement shall exclude or limit BRCGS’s liability for death or personal injury caused by the negligence of BRCGS, its employees or agents or for fraudulent misrepresentation.
3.2 BRCGS specifically excludes liability for Customer travel, accommodation and other ancillary expenses in the event that the Services are terminated or cancelled pursuant to this Agreement. While BRCGS shall endeavour to provide as much notice as feasible prior to any such cancellation or termination, Customer is advised to bear this in mind in its travel and accommodation choices.
3.3 BRCGS hereby excludes all conditions, warranties and stipulations statutory, express or implied, which but for such exclusion would or might subsist in favour of the Customer except as expressly provided for in this Agreement or where the Customer is by law deemed to be a consumer.
3.4 Save insofar as BRCGS can be shown to have been negligent under clause 3.1, the Customer shall: (1) fully indemnify BRCGS and BRCGS’s Personnel against any loss, damage or injury (including injury resulting in death) to property or person sustained by (a) BRCGS and/or its Personnel, (b) the Customer and/or its Personnel, and (c) any third party, where such loss, damage or injury is caused by the negligent act or omission of the Customer or the Customer’s Personnel; and (2) fully indemnify BRCGS against all financial liability (including professional costs) suffered or incurred by BRCGS as a result of, or in connection with any third party claim brought against BRCGS resulting from death, injury, damage or loss occasioned by the use, operation, methods or other results of the Services.
3.5 The Customer’s sole remedy in respect of any liability of BRCGS or its Personnel shall be in damages
- Health and Safety 4.1 The Customer shall ensure that all appropriate safety measures and legislation are observed in connection with the Services.
4.2 Where applicable, the Customer shall ensure that the Customer’s Personnel attending external premises in connection with the Services comply at all times with all health and safety measures, procedures and protocols in place on the external premises and with such other directions regarding safe working as may be directed. BRCGS reserves the right at its absolute discretion to refuse to admit to or remove from external premises any of the Customer’s Personnel who in BRCGS’s opinion are unable to comply with this clause 4.2.
- Confidentiality Each party acknowledges and agrees that any and all information concerning the other party’s business disclosed in the performance of the Services is confidential (“Confidential Information”) and each party agrees to keep confidential such Confidential Information for a period of five (5) years from the date of acceptance for the supply of Services. This clause shall not apply to any information which at the time of disclosure is (or subsequently becomes) published or generally available to the public (other than as a breach of the receiving party’s obligation under this clause), which at the time of disclosure was already in the possession of the receiving party (other than under an obligation to the disclosing party), which subsequently legally comes into their possession from another source, or which is required to be disclosed in order to comply with a legal requirement.
- Cancellation 6.1 The Customer may cancel this Agreement by providing BRCGS with notice in writing (to email@example.com or firstname.lastname@example.org, as applicable) not less than 28 days prior to the start of the Services for Services.
6.2 Subject to compliance with clause 9.1 a full refund of the Price less any outstanding sums due will be payable to the Customer by BRCGS.
- Termination 7.1 BRCGS may terminate this Agreement for convenience with immediate effect by notice in writing.
7.2 BRCGS may terminate this Agreement if the Customer is in material breach of this Agreement and, where such breach is remediable, the Customer fails to remedy the same within 14 days of the receipt of a written request to so remedy.
7.3 Either party has the right to immediately terminate the Agreement at its discretion if, in respect of the other party (a) an order is made or a resolution passed for its winding up or an order is made for the appointment of an administrator to manage its affairs, business and property, (b) a receiver is appointed of such party’s assets or undertaking, or (c) if circumstances arise which entitle the court or a creditor to appoint a receiver or administrator or to make a winding-up order or if either party takes or suffers any similar or analogous action in consequence of debt.
7.4 The termination of this Agreement shall be without prejudice to the rights and duties of either party accrued prior to termination. The clauses in this Agreement which expressly or impliedly have effect after termination shall continue to be enforceable notwithstanding termination. The Customer shall pay the Price in respect of any Services (or part thereof) supplied prior to termination, regardless of the reason for termination.
- Events Event attendee details can be amended by the Customer by written notice to BRCGS (email@example.com). BRCGS cannot guarantee an entry in the official event programme if an amend request is submitted to BRCGS less than 28 days prior to the date of the event.
- Training Courses 9.1 Subject to availability, the Customer may request to transfer to a later training course by providing written notice to BRCGS (firstname.lastname@example.org) not less than 28 days prior to the start of the training course.
9.2 If the transfer request is made within the 28 day period an administration fee (25% of the Price) will be payable by the Customer.
9.3 Clauses 6.1 and 6.2 shall not apply to any course transferred under 9.2.
- Force Majeure If BRCGS is unable (whether temporarily or permanently) to procure any services or goods necessary to enable it to supply the Services or if the supply of the Services is prevented or hindered by reason of any cause beyond BRCGS’s reasonable control (which shall include acts of God, governmental action, war or national emergency, acts of terrorism, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, currency restrictions, strikes or other labour dispute, or restraints or delays outside of BRCGS’s control) BRCGS may cancel the Agreement by notice in writing to the Customer so far as it relates to the Services not then supplied or work not then done and such cancellation shall not give rise to any claims by the Customer provided that the Customer shall remain liable to pay for the Services supplied prior to the date of such cancellation.
- Data Protection 11.1 Where BRCGS acts as a data controller in the processing of personal data in performing the Services, it shall comply with the provisions of the Data Protection Act 1998 (“DPA”). Where BRCGS acts as a data processor, BRCGS shall take such security measures as are required to process personal data equivalent to those imposed on the Customer by the Seventh Principle of the DPA. Save as required by law, BRCGS does not pass on personal details to third parties outside the BRCGS group of companies.
11.2 Customer hereby consents and agrees that BRCGS may use the information provided by the Customer to contact the Customer and appropriate persons within Customer’s organisation ("recipient") about goods and services offered by BRCGS, whether pursuant to this Agreement or otherwise. A recipient can contact the Marketing Department at BRCGS at any time if it does not wish to receive (or wishes to amend or update) such information, and following receipt of such notification BRCGS shall suppress (or amend or update) the recipient's details as requested for the purposes of future marketing. A recipient may obtain a copy of the personal information BRCGS holds in relation to it by writing to the BRCGS Data Protection Officer (“DPO”) and, upon payment of the legally prescribed fee, the DPO shall provide the recipient with a copy of such personal information.
- Legal and Regulatory Compliance 12.1 The Customer will comply with all applicable laws, statutes, regulations, directives, and/or codes of practice in force from time to time. Failure to comply with any provision of this clause 12 is grounds for immediate termination of this Agreement by BRCGS, which termination shall not result in any costs or compensation becoming payable by BRCGS to the Customer.
12.2 The Customer agrees and undertakes to comply with all applicable requirements of the DPA. The Customer agrees to indemnify BRCGS in the event of any loss or damage (of any nature) incurred by BRCGS as a result of the Customer’s failure to comply with its duties under the DPA.
- General 13.1 The Customer shall not assign any Agreement or any part thereof without the written consent of BRCGS. BRCGS may assign the Agreement or any part thereof to any member of the BRCGS group of companies or its successors. BRCGS shall be entitled to sub-contract any part of the Services to be provided hereunder.
13.2 Each right or remedy of BRCGS under the Agreement is without prejudice to any other right or remedy of BRCGS whether under the Agreement or not.
13.3 If any provision of the Agreement shall be held to be illegal, invalid or unenforceable in whole or in part, either under enactment or rule of law, such provision or part shall to that extent be deemed not to form part of the Agreement but the legality, validity and enforceability of the remaining provisions of the Agreement shall not be affected.
13.4 BRCGS reserves the right to announce publicly that it is providing services to the Customer with the prior written consent of the Customer, not to be unreasonably withheld.
13.5 Failure by BRCGS to enforce any of the terms of this Agreement (which includes the Services) shall not be construed as a waiver of any of its rights hereunder.
13.6 The Customer shall have no right of set off, statutory or otherwise.
13.7 A person who is not a party to the Agreement may not enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999 or any amending legislation thereto.
13.8 The Agreement is subject to English Law and the parties submit themselves to the exclusive jurisdiction of the English Courts.