General Terms and Conditions
These terms and conditions were updated on 8th February 2021.
1. Acceptance of Orders
All orders accepted by us are subject to these terms and conditions. No variation of these conditions will be accepted by us unless previously agreed in writing. Orders will only be binding upon receipt of written, e-mailed or telephoned confirmation from the company or individual purchaser. We reserve the right to refuse any order.
All prices except where indicated are inclusive of VAT (at the prevailing rate at the time of order acceptance) and inclusive of shipping and handling charges within the U.K (excluding NI) where applicable. We reserve the right to alter prices without notification. Extra shipping charges will be added for international shipments where applicable. These charges are calculated on the weight, value and destination of the order. Where orders are made from countries or locations outside of England, Scotland and Wales goods will be shipped excluding VAT. If the value of the goods is below £135 and the destination is within the free trade zones, your countries customs authority may make no duty charges.
You can pay by any major credit/debit card, Visa, MasterCard, UK Maestro, American Express. We also accept payment via PayPal. We also accept payment via cheque, postal order, or BACS. Your credit/debit card details will be encrypted to minimise the possibility of unauthorised access or disclosure. Authority for payment must be given at the time of placing your order.
Our liability to you in connection with any order will not exceed the total price charged for the relevant items.
We accept orders only from Web browsers that permit communication through Secure Socket Layer (SSL/TLS) technology. This means you cannot inadvertently place an order through an unsecured connection. We suggest that you update to your browser’s latest version to maintain security.
4. Title of goods
Title of goods shall be retained by the Seller until payment in full of the price and until such payment the Purchaser shall hold the goods and all items incorporating the goods, in a fiduciary capacity for the Seller. In the event of any sales of the goods by the Purchaser prior to payment in full of the price, the Buyer shall hold the proceeds of the sale in the fiduciary capacity for the Seller and such proceeds of the sales shall be placed in an account of the Purchaser in such a way as to be identifiable as the property of the Seller. In the event of non-payment by the Purchaser by the due date, the Seller shall be entitled to, in addition to all other rights to enter any premises where the goods may be and recover possession of them. Notwithstanding the foregoing provisions the goods shall in all respects be at the risk of the Purchaser as regards loss or damage from any cause whatsoever as from the time of delivery of the goods to the Purchaser or to a carrier on behalf of the Purchaser. The Purchaser shall insure the goods accordingly.
Delivery will be made to the name and address specified by you at the time of order, We will not be liable non-receipt of goods incorrectly or incompletely addressed. Parcels are dispatched to you by Royal Mail or a nominated courier.
Free Postage & Packing within applicable postcodes within the United Kingdom – Outside of these postcodes and the United Kingdom, postage rates apply, and these are calculated by the weight, value and destination.
We will not be liable to you if Royal Mail or nominated courier fail to deliver your purchased goods whether in part or in full due to circumstances beyond our control.
All goods must be checked at the time of delivery for damaged or short delivery of goods and any accompanying invoice, delivery note or picking slip amended accordingly. Furthermore, we must be notified in writing within 2 days of receipt of goods to ensure that claims may be accepted.
Should goods not be received we must be notified within 14 days of the anticipated delivery date so that the appropriate action may be taken on your behalf. Failure to do so will result in the replacement of goods/credit/refunds not being issued. For UK orders goods should be delivered within 14 working days, for international orders, goods should be delivered within 28 working days.
Risk shall pass to the Purchaser from the date of delivery of the goods.
Should goods not be received we must be notified within 14 days of the anticipated delivery date so that the appropriate action may be taken on your behalf.
Failure to do so will result in replacement goods/credit/refunds not being issued.
We hope you will be happy with your purchase. However, should you feel it necessary to return an item, we aim to make the returns process as simple as possible.
If for any reason you are unhappy with any product you have purchased from us, you may return it unopened for a full refund within 14 days of receipt of goods. (Less shipping and handling if upgraded). You will be required to pay for the return of an order should you wish to return it back to us. This applies to all customers inside and outside of the United Kingdom. We recommend that you obtain proof of postage and take out the necessary insurance to protect the goods in transit. We accept no responsibility for goods lost during return transit. A restocking or recycling charge may apply.
All items that are being returned are to be in their original packaging and be unopened and must be accompanied with a copy of the original invoice, delivery note or packing slip and within 14 days of receipt of goods.
We will not accept goods:
- Which have been damaged because of improper handling or abuse and/or
- Which have been partly opened, partly used or from which the seals or labels have been removed or tampered with.
Any damaged parcels or breakages must be notified to us within 14 days of receipt of the goods.
Return of faulty goods, when you buy goods from a business, in law you have several rights as a consumer. These include the right to claim a refund, replacement, repair and/or compensation where the goods are faulty or misdescribed. Under the Sales of Goods Act 1979, a consumer is entitled to a refund or replacement.
Your statutory rights are not affected. It is our responsibility to supply you with goods that meet your consumer rights. If you have any concerns that we have not met our legal obligations, please contact us.
10. Force majeure
If we are hindered or prevented from performing any contract owing to any cause beyond our reasonable control, including pandemics of notifiable disease or by our inability to produce products, we may at our sole option delay the performance of or cancel the whole or any part of the contract and we shall not be held responsible for such delay or cancellation or any inability to deliver.
Except as expressly stated on the website we make no representation as to the fitness or suitability of the goods for any purpose whatsoever. In no circumstances shall any breach of contract or tortuous act (including negligence) on our part or failure of any kind on our part or that of our employees or agents give rise to any liability or loss of revenue or any consequential loss or damage arising from any cause whatsoever. We shall not be under any liability whether in contract or otherwise and whether or not resulting from our negligence or that of our employees in respect of goods/services delivered or for any damage or loss resulting there from.
12. Cancellation of goods
If the order has been processed then you may return the items for a full refund less any shipping and handling charges if upgraded or paid for. If returned within 14 days of receipt of goods. Refunds will be made without undue delay and within 14 days from the day we receive the goods back or if earlier, the day we (Clinical Education) receive proof from you (the purchaser) that the goods have been sent back. Orders for electronic or online resources are eligible for a refund within 24 hours of receipt of materials. No refund will be available for resources outside of this timeframe.
13. Proper Law
This contract shall be governed by and construed according to the UK law and the Purchaser submits to the jurisdiction of the UK Courts. These terms of trade will prevail over any conditions that shall be issued by the customer. Customers should not rely on any representations made by staff as they do not form part of the contract or collateral contract.
14. Complaints Handling
If you have a complaint you can contact our Customer Services Team in the first instance either by Phone, Fax, and Email or in person from the methods as detailed above. To view a copy of our Complaints Handling Procedures please call the Customer Services Team for a paper copy.
15. Clinical Education
Trading Office: Nutrition House 24 Milber Trading Estate Newton Abbot Devon TQ12 4SG
Registered Office: Nutrition House 24 Milber Trading Estate Newton Abbot Devon TQ12 4SG
Registered in England No. 09114890
VAT Registration No. 263043332
Phone: 0333 2414 289
Fax: 08450 760 403
We may update these terms and conditions from time to time. For the latest terms and conditions, you can view this on our website www.clinicaleducation.org
Event Terms and Conditions:
- Please read these Terms and Conditions carefully and make sure that you understand them before you submit a booking form, as described in clauses below (“Booking Form”). Your attention is drawn in particular to Cancellation by you and Liability. We recommend that you print a copy of these Terms and Conditions for future reference.
- These Terms and Conditions, together with any terms and conditions stated on the Booking Form (together, the “Ticket Terms and Conditions”) govern the agreement between the company specified on the Booking Form which sells tickets for and/or organises an Event (“we”, “us” and/or “our”) and the person making the booking as set out on the Booking Form (“you” and/or “your”) (together, the “Parties”) in connection with your purchase of a ticket for, and attendance at, the event either online or in person, exhibition, conference or award specified in the Booking Form (the “Event”).
- Where you purchase Event tickets on behalf of another delegate or multiple delegates (the “Delegates”), such Delegates will be bound by these Terms and Conditions and any terms and conditions stated on the Booking Form and you agree to procure their compliance with the same.
- In the event of any inconsistency, conflict or ambiguity between the Terms and Conditions and any terms and conditions stated on the Booking Form, the provisions of these Terms and Conditions shall apply.
- Any queries regarding the Event or the Ticket Terms and Conditions, including any special access requirements, should be sent to firstname.lastname@example.org prior to you submitting a Booking Form.
BOOKING AND PAYMENT
Tickets may be purchased online or by making an e-mail or telephone enquiry to our sales team as follows:
- To purchase a ticket or tickets for an Event online, you must submit the relevant Booking Form via our website in accordance with the instructions set out therein.
- Submitting a Booking Form in any manner provided for in this agreement above constitutes an offer by you to purchase a ticket or tickets for the Event in accordance with the Ticket Terms and Conditions. The Ticket Terms and Conditions apply to the booking of all Event tickets to the exclusion of all other terms and conditions.
- We will confirm receipt of your Booking Form, however your offer shall not be deemed accepted by us until you have received a booking confirmation from us. The Ticket Terms and Conditions will be binding on both Parties from that point.
- Where there is a price to attend the Event (as set out on your Booking Form, plus VAT as applicable) (the “Fee”), you shall pay the Fee by credit card or debit card or by payment of our invoice by BACS transfer, or otherwise agreed (as applicable to your booking) (the “Payment Methods”).
- If your Payment Method is a credit or debit card, you authorise us to take payment for the Fee using our chosen payment merchant from the credit or debit card chosen by you at the time of booking or on pre-agreed dates.
- If your Payment Method is payment of our invoice, following confirmation of your booking we will issue you with an invoice for the full price of your Event ticket. The Fee, or deposit must be paid immediately upon receipt. Acceptance of your place will only be confirmed on receipt of the relevant payment.
- Unless otherwise stated within your Booking Form, the Fee covers your entry for the duration of the Event only, either online or in person and is exclusive of all travel, accommodation, insurance and other costs (all of which must be arranged and met by you).
- Where a Fee applies to your booking, you shall pay the Fee in full without any deduction or withholding except as required or permitted by law. We may, without limiting our other rights or remedies, set off any amount owing to us by you against any amount payable by us to you.
ATTENDANCE AT THE EVENT
Whilst attending the Event you will comply with:
- all applicable law, including (but not limited to) all health and safety legislation and requirements;
- all instructions given by us or on our behalf, including (but not limited to) in relation to any security arrangements;
- and the terms and conditions of the Event venue.
- You are responsible for ensuring your own safety and security whilst attending the Event. Save as set out at Clause 5.1, we shall not be liable for any loss or damage suffered by you.
- In the case that the event is delivered online, you are liable for ensuring you have a reliable internet connection and are using a device that is fit for purpose.
Filming and Photography
- We may, at our discretion, choose to photograph, film, broadcast or record the Event. Subject to Clause 3.4, you grant us an irrevocable licence to use and sublicense the use of your name, voice, likeness, image and any contribution made by you or any Delegate at or to the Event in any and all media (whether now known or hereinafter invented) throughout the world and in perpetuity.
- You must notify us at least 48 hours prior to the Event if you or any Delegate do not wish for your or their name, voice, likeness, image and/or contribution to be used in accordance with the above clause. All such notices must be sent to email@example.com
- On the basis that other Event attendees may not wish for their name, voice, likeness, image and/or contribution to be used in accordance with the above clause, we are unable to permit you to photograph, film, broadcast or record the Event without our express prior approval.
- We reserve the right to refuse you entry to the Event, or subsequently remove you or any Delegate from the Event, where you or any Delegate fail to comply with the Ticket Terms and Conditions.
AMENDMENTS, CANCELLATION AND POST PONEMENT
- In the event of cancellation, except for the circumstance laid out in these terms, you shall not be entitled to cancel your booking or receive a refund (in any way that deviates from the cancellation policy set out by us) of the Fee at any time after you have received a booking confirmation from us in accordance with Clause 2.4, whether under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or otherwise.
Change in delegate
- In the event that you are subsequently unable to attend the Event, you may not transfer that booking to any other person. Under no circumstances may your Event booking be resold by you or on your behalf. If we have not charged you a Fee in order to attend the Event and you are unable to attend or offer an alternative attendee from the same organisation to which the ticket applies, you will be charged the cancellation fees set out in the Booking Form and subsequent Booking confirmation (to the extent applicable).
Amendments to the Event
- We may, at our sole discretion and without liability to you, make changes to the Event timings, schedule and/or location (provided that any change in location shall be within a reasonable distance of the location previously advertised)..
Cancellation or postponement of the Event for reasons outside of our control
- In the event that it is necessary to cancel or postpone the Event as a result of any reason outside of our control (as decided by us in our sole discretion):
- we will endeavour to arrange a replacement Event and, in such circumstances, your booking and the Ticket Terms and Conditions shall apply to such replacement Event, and you shall let us know within 14 days if you do not wish to attend the replacement Event; or
- in the event that a replacement Event is:
(a) not confirmed within 90 days of the date of cancellation;
(b) scheduled to take place on a date which is not convenient to you;
(c) scheduled to take place in a location which is not within a reasonable distance of the location of the cancelled or postponed Event, we will refund you the amount of the Fee. You acknowledge that such refund shall constitute your sole remedy, and our only liability to you, in such circumstances.
- In the event an incident(s) of Force Majeure arises, neither party will penalise the other or be in breach of this Agreement for cancellation or postponement under this Agreement as long as:
- such circumstance, despite the exercise of reasonable diligence and the observance of best efforts, cannot be, or be caused to be, prevented, avoided or removed by the affected Party, and
- such circumstance materially and adversely affects the ability of the Party to perform its obligations under this Agreement, and
- such Party has taken all reasonable precautions, due care and reasonable alternative measures in order to avoid the effect of such event on the Party’s ability to perform its obligations under this Agreement and to mitigate the consequences thereof.
For the purpose of this Agreement, an event of “Force Majeure” includes earthquakes, cyclones, typhoons, hurricanes, floods, or such other extreme weather or environmental conditions, pandemics or other such government led determinations of notifiable diseases or other acts of God; or acts of terrorism or any circumstance not within the reasonable control of the Party affected.
Cancellation or postponement for any other reason
- In the event that it is necessary to cancel or postpone the Event as a result of a reason not covered above, or cancel your Booking due to you not meeting the eligibility criteria set out on the Event website, we will refund you the amount of the Fee. You acknowledge that such refund shall constitute your sole remedy, and our only liability to you, in such circumstances.
- Other than as expressly stated in this Agreement, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded.
- Nothing in the Ticket Terms and Conditions shall exclude or restrict our liability to you for death or personal injury resulting from our negligence, the negligence of our employees in the course of their employment, or any other liability which cannot be excluded by law.
- We shall not be liable for: (i) loss of profits; (ii) loss of business; (iii) depletion of goodwill and/or similar losses; (iv) loss of anticipated savings; (v) loss of goods; (vi) loss of contract; (vii) loss of use; (viii) loss due to corruption of data or information; or (ix) any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses ((i) to (ix) together being “Losses”), whether or not we were advised of the possibility of such loss by you, any Delegate or any third party.
- The views expressed by any speakers at the Event are their own. We shall not be liable for the views, acts or omissions of any such speaker or any other attendee at the Event. Any information given or distributed as part of the Event shall not constitute advice and should not be relied upon.
- Subject to Clause 5.1 and 5.2, our maximum aggregate liability in contract, tort, or otherwise (including any liability for any negligent act or omission) howsoever arising out of or in connection with the performance of our obligations under the Ticket Terms and Conditions shall be limited to a sum equal to the amount of the Fee.
- You shall indemnify us and keep us indemnified from and against all claims, damage, losses, costs (including, without limitation, all reasonable legal costs), expenses, demands or liabilities arising out of or in connection with any breach by you or your Delegates of the Ticket Terms and Conditions.
- You and the organisation specified on the Booking Form (if any) shall be jointly and severally liable for performance of your obligations in accordance with the Ticket Terms and Conditions, and you hereby warrant and represent that you have all necessary authority, consents and approvals to bind such organisation (if any) to the extent set out in the above clauses.
DATA PROTECTION AND USE OF INFORMATION
- Where a Booking Form is completed on behalf of any Delegate, the person completing the Booking Form warrants that he/she has the authority to do so.
- The Ticket Terms and Conditions constitute the entire agreement between the Parties and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between the Parties, whether written or oral, relating to its subject matter.
- Both Parties agree that they shall not have any remedy in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Ticket Terms and Conditions, and further that they shall have no claim for innocent or negligent misrepresentation based on any statement in the Ticket Terms and Conditions.
- We may assign, mortgage, charge, subcontract, delegate or declare a trust over any or all of our rights and obligations under the Ticket Terms and Conditions to or for the benefit of any person (including a natural person, corporate or unincorporated body (whether or not having separate legal personality). You shall not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of your rights and obligations under the Ticket Terms and Conditions without our prior written consent.
- The Ticket Terms and Conditions are personal to the Parties, and no third party shall have any rights, including under the Contracts (Rights of Third Parties) Act 1999, to enforce the same.
- No failure or delay by us in exercising any right or remedy provided under this the Ticket Terms and Conditions or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict our further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict our further exercise of that or any other right or remedy.
- If any provision or part-provision of the Ticket Terms and Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this Clause shall not affect the validity and enforceability of the rest of the Ticket Terms and Conditions.
Rights and remedies
- The rights and remedies provided under the Ticket Terms and Conditions are in addition to, and not exclusive of, any rights or remedies provided by law.
APPLICABLE LAW AND JURISDICTION
- These Terms and Conditions, their subject matter and their formation, are governed by English law.
- The courts of England and Wales shall have exclusive jurisdiction to settle any disputes arising in connection with these Terms and Conditions (including any non-contractual terms). However, if you are a consumer and are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.