Online Terms and Conditions

Online Terms and Conditions

Scroll to the bottom of this page for specific Open Course Booking Terms and Conditions.

INFORMATION ABOUT US

This site is operated by Training & Testing Services (“we”). We have a legal status of Partnership. Our main trading address is Tilcon House, Low Moor Lane, Lingerfield, Knaresborough HG5 9JB. Our VAT number is 124 2933 32. You can contact us by e-mail at [email protected], by telephone on 01423 611030, or write to us at Training & Testing Services, Tilcon House, Low Moor Lane, Lingerfield, Knaresborough HG5 9JB.

Online dispute resolution according to Art. 14 (1) Regulation on consumer ODR: The European Commission provides a platform for online dispute resolutions (ODR) which can be accessed under http://ec.europa.eu/consumers/odr/.

YOUR PERSONAL INFORMATION

In line with GDPR which came into effect on 25.05.18 we will use your personal information in accordance with our Privacy Policy which has been updated and you can look up here https://www.trainingandtestingservices.co.uk/privacy-policy/. We also have a cookies policy which can be found here https://www.trainingandtestingservices.co.uk/cookie-policy/.

ORDERING

You may place an order to purchase goods and services advertised for sale on this site by following the onscreen prompts after clicking on the item you wish to purchase. You will have an opportunity to check and correct any input errors in your order up until the point at which you place your order. For the shop this is by clicking the “PAY SECURELY WITH WORLDPAY” button on the checkout page. If you submit an order for goods and services via this site by clicking the “PAY SECURELY WITH WORLDPAY” button, your order is an offer to us to buy the goods and/or services you have ordered on this site. For the open courses this is by clicking the “pay now with Credit/Debit Card”. If you submit an order for goods and services via this site by clicking the ‘pay now with Credit/Debit Card’ button, your order is an offer to us to buy the goods and/or services you have ordered on this site. We will acknowledge receipt of your order by sending you an automatically generated email accepting your order. With this e-mail the contract will be concluded. The contract will relate only to those specific goods and/or services which are referred to in our e-mail confirming our acceptance of your order. You should read and check the details in this e-mail to ensure that they are correct. If the details in the e-mail confirming your order are not correct, or if you are not satisfied with the details in the e-mail, please contact us at [email protected] or Training & Testing Services, Tilcon House, Low Moor Lane, Lingerfield, Knaresborough HG5 9JB. The contractual language is English. Where we accept your order, we have a legal duty to supply goods that are in conformity with these Terms and Conditions.

PRICE AND DELIVERY COSTS

Information displayed on this site relating to pricing is subject to change by us without notice, but those on the site at the time of any order placed will be the prices applicable to that order.

Occasionally, an error may occur and goods may be incorrectly priced in which circumstances we will not be obliged to supply the goods at the incorrect price or at all. We will (at our discretion) either cancel your order and refund the price you have paid or use reasonable endeavours to contact you and ask you whether you wish to continue with the order at the correct price. If we are unable to contact you or you do not wish to continue with the order at the correct price, we will cancel your order and refund the price you have paid. However, where the correct price of the goods is less than our stated price, we may (at our discretion) continue with your order and charge the lower amount on dispatch. Unless stated otherwise, all prices include VAT (where applicable) but exclude delivery costs. If booking a course your items will be given to you on the training course.

AVAILABILITY AND DELIVERY

Information displayed on this site relating to availability is subject to change by us without notice. We cannot guarantee permanent or continuous availability of all products or services on this site. All orders are subject to availability at all times. We deliver within the United Kingdom only. We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order on this site. Delivery will be made according to the information on the product pages after your order is accepted. We will use reasonable endeavours to deliver the goods on any specified date we agree, or if no date is specified, within 30 days after the day on which we accept your order. In the case of unforeseen circumstances beyond our reasonable control (for example, adverse weather conditions, unpredictable delays caused by traffic congestion, road works, diversions or mechanical breakdowns, in each case to the extent beyond our reasonable control) we may not be able to deliver the goods within these timescales and we will not be liable for any delay or failure to deliver the goods if the delay or failure is wholly or partly caused by such circumstances. In the event that a delivery does not take place, we and you will agree an alternative delivery date. We are also not responsible for any delay in delivery caused by the unavailability of someone to take delivery of the products. It is your responsibility to contact the post office or courier company as applicable to arrange the collection or delivery of products that could not be delivered because you were unavailable.

PAYMENT

We must receive payment in advance before your order can be processed and the goods can be dispatched/training place confirmed, unless we have agreed otherwise in advance in writing.

Payment for goods can be made by Card Payment through Realex. Your account will be charged following the submission of your order.

RIGHT TO CANCEL

Goods: You have the right to cancel your order for goods without having to give a reason at any time before your goods are dispatched or within 14 days after delivery, such 14 day period beginning on the day after you receive the goods. Where your order comprises multiple delivery shipments, the 14 day cancellation period for the goods in your order begins on the day after you receive the delivery of the last shipment to you. If the order contains goods consisting of multiple lots or pieces delivered on different days OR is an order for the regular delivery of goods during a defined period of more than one day, the cancellation period will run 14 days after the day on which the last of the lots or pieces came into possession of the consumer or a person, other than the carrier, identified by the consumer to take possession of the goods. To exercise your right to cancel, you must inform us of your decision to cancel by phone, mail, fax or e-mail using the contact details below. If you are cancelling because of any problem with the goods, please notify us of the problem at the time of cancellation.

Open Course: As stated throughout our online booking process all course places are non-refundable. Once booked and paid for we are unable to swap the date. The only change that can be made is to change the delegate name. This is made clear during the booking process and in the booking confirmation email. For Further Open Course Bookings Terms and Conditions please scroll to the bottom of this page.

CANCELLATION CONSEQUENCES

You must send the goods back to us at Training & Testing Services, Tilcon House, Low Moor Lane, Lingerfield, Knaresborough HG5 9JB at your own cost (unless we delivered the item to you in error or the item is damaged or defective) without undue delay and in any event within 14 days after the day of the cancellation. You will not have any right to cancel a purchase for the supply of any of the following goods: the supply of goods for which the price is dependent on fluctuations in the financial market which cannot be controlled by us and which may occur within the cancellation period, the supply of goods that are made to your specifications or are clearly personalised, the supply of goods which are liable to deteriorate or expire rapidly, the supply of alcoholic beverages, where (i) their price has been agreed at the time of the conclusion of the sales contract, (ii) delivery of them can only take place after 30 days, and (iii) their value is dependent on fluctuations in the market which cannot be controlled by us, the supply of a newspaper, periodical or magazine with the exception of subscription contracts for the supply of such publications, in the case of a contract for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery

– in the case of a contract for the supply of sealed audio or sealed video recordings or sealed computer software, if the goods become unsealed after delivery, if the goods become mixed inseparably (according to their nature) with other items after delivery.

REFUNDS POLICY

Following cancellation, we will refund you the price paid for the cancelled goods order (or part of the order cancelled), less any collection or return charges (if any). We will also refund any standard delivery charges paid, or an amount equal to those charges if you elect to use a more expensive delivery method. We will pay the refund within 14 days after the day: you notified us to cancel your order, where you have not received the goods (and the goods have not been dispatched to you) or where we have agreed to collect the goods; or, we receive the goods you returned to us, where you are in receipt of the goods; or you provide us with a proof of return for the goods, where you have returned the goods but we have not yet received them. We will refund you using the same means of payment as you used to pay for your order. We reserve the right to make a deduction from the amount of the refund for loss in value of the goods returned where the goods show signs of unreasonable use; for these purposes, unreasonable use means handling the goods beyond what is necessary to establish the nature, characteristics and functioning of the goods, in particular if it goes beyond the sort of handling that might reasonably be allowed in a shop. We may withhold any refund until we have received the goods or you have supplied proof of return for the goods. Without limiting your cancellation rights in Clause 7, if you are not satisfied with a product for any reason e.g. if it is not what you ordered, it is damaged or defective, or we have delivered an incorrect quantity, please return the product to us. Once we have confirmed the product defect or other problem, we will: provide a full refund for any product that is not what you ordered; provide a full refund for any goods that are damaged or defective, if this is within a reasonable time following the sale; or at your option, repair or replace the goods at our cost (including the cost of postage), unless this would not be possible or would be disproportionately costly in the circumstances, in which case we will refund to you the amount paid for the goods in question We will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for defective goods.

CANCELLATION BY US

We reserve the right to cancel the contract between us if, for example: we have insufficient stock to deliver the goods you have ordered; we do not deliver to your area; or one or more of the goods you ordered was listed at an incorrect price. If we do cancel your contract, we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit or debit card as soon as possible.

TITLE AND RISK

You will become the owner of the goods you have ordered when they have been delivered to you and we have received clear funds in full payment for the goods. Once goods have been delivered to you or a person nominated by you they will be held at your own risk and you will be responsible for them.

LIABILITY

To the extent not prohibited by law, we accept no liability for any: loss which is not foreseeable (loss is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you and we entered into our contract); loss which arises when we are not at fault or in breach of these Terms and Conditions; and business loss (which includes loss of profits, loss of business, contracts, goodwill, business opportunity and other similar losses, as well as business interruption) Nothing in these terms will affect any liability we may have: (a) for fraudulent misrepresentation; (b) for death or personal injury arising from our negligence: (c) under Part I of the Consumer Protection Act 1987; (d) for breach of any condition as to title or quiet enjoyment of or in relation to any goods supplied by us; or (e) in relation to any other liability, including any liabilities under sale of goods or supply of services legislation, that may not by applicable law be excluded or limited.

EVENTS BEYOND OUR CONTROL

We will have no liability to you for any delay in delivering goods you have ordered that is caused by any event or circumstance beyond our reasonable control (including, without limitation, accidents, extreme weather conditions, fire, explosion, flood, storm, earthquake, natural disaster, failure of telecommunications networks, inability to use transport networks, acts of God, terrorist attack, war, civil commotion, riots, strikes, lockouts and other industrial disputes, acts or restraints of Government, and imposition of restrictions on imports or exports).

GENERAL

If any provision of these Terms and Conditions is found to be invalid, illegal or unenforceable, the validity, legality or enforceability of any other part of these Terms and Conditions and the remainder of the provision in question will not be affected. No person other than you and us shall have any rights to enforce our agreement, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise. If we fail to insist that you perform any of your obligations under our agreement, 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.

You may not assign or transfer your rights or obligations under our agreement, unless we agree in writing. We may update, vary and amend these Terms and Conditions from time to time without prior notice. Each time you order or otherwise purchase any goods from us, the Terms and Conditions in force at that time will apply (as set out on this site). Please check this site to ensure that you understand which Terms and Conditions apply.

LAW AND JURISDICTION

These terms are governed by English law. Any contract for the purchase of goods from this site and any dispute or claim arising out of or in connection with any such contract will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident in Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident in Scotland you may also bring proceedings in Scotland.

OPEN COURSE BOOKINGS TERMS & CONDITIONS

 DEFINITIONS

‘We or Company’ means Training and Testing Services (TTS).

‘Contract’ means the contract for the provision of services by the Company to the Client.

‘You or Client’ means the person, firm or Company ordering or buying services from the Company.

‘Services’ means the provision of training services by the Company to the Client.

‘Intellectual Property and Rights’ means any patents, copyright related rights, trademarks, trade names and domain names, rights in get-up, rights in goodwill or to sue for passing off, rights in design, rights in computer software, database rights, rights in confidential information (including know-how and trade secrets) and ant other industrial and/or intellectual property rights, and all similar or equivalent rights or forms of protection which may now or in the future subsist in any part of the world.

‘Order’ means the written online booking sent by the Client for the supply of services by the Company.

‘Terms’ means the terms and conditions set out in this document.

GENERAL

These terms are in addition to any other terms and conditions agreed between the Company and the Client for the provision of any other services.

The submission of a training booking form or online submission constitutes a legally binding contract and must be returned as soon as possible in order to secure the training place(s) required.

COURSE TIMINGS

Training courses normally run Monday to Friday between 09:00 and 17:00.

ACCEPTANCE OF BOOKING

No contract between the Company and Client shall exist until a booking has been accepted in writing by the Company. All bookings must be paid for up front in order to secure your training place. An acceptance incorporates the Terms and the Client shall be deemed to have accepted the Terms. No conditions or terms stipulated in any other communication or document shall amend or exclude any of the Terms except insofar as the same is expressly consented in writing by the Company.

PRICING

Prices are based on the Company’s current pricing, but the Company reserves the right to amend its quoted prices at any time prior to the commencement of any Course. VAT will be applied at the applicable rate at the time the course is booked.

COURSES

All courses are conducted at one of our training venues. The Client is to ensure the following:

  • Trainees arrive at the correct location and are ready to start their course promptly for the start times specified.
  • In line with our environmental policy all certificates are emailed in a PDF format.
  • All certificates will be generated in your company’s name unless you advise us otherwise, and prior to the commencement of the training course. Failure to advise of alternative certificate details could be subject to a nominal administration fee.
  • If the trainee fails to arrive at the training venue prior to the course start time, then the training will begin without the trainee. If the trainee arrives so late that it is deemed they have missed too much of the course then the trainee will be refused entry and no refund will be given.

By returning the completed booking form you are agreeing to be bound to our terms and conditions.

PAYMENT AND ISSUE OF DOCUMENTATION

Full payment for the course should be made by card, cheque or BACS at the time of booking. All open course bookings are prepayment only and your course place cannot be confirmed until we are in receipt of your payment. Failure to pay for the course will result in your training space(s) being offered for sale. If booking with less than 7 days’ notice, then we will require pre-payment for the course no later than 48 hours before the course date.

Training records will be given to the trainees on the day. Certificates and any additional documentation will follow via email.

CANCELLATION BY THE CLIENT (WHICH MUST BE MADE IN WRITING) – includes postponing and rescheduling of a course.

  • All open courses are prepayment only. Once paid your course fee is non- refundable and non-transferrable.
  • Your course fee cannot be transferred to a different course date.
  • If your trainee is unable to attend the only change that can be made is, we can change the trainee name, and this can be done free of charge. In this instance please contact us as soon as possible.
  • Once the client/trainee has paid for the training we do not offer refunds.
  • Failure to arrive for your scheduled training course will not entitle the trainee to a full or partial refund.

INTELLECTUAL PROPERTY

All Intellectual Property Rights in the Services or arising from the Contract shall remain with the Company, unless expressly otherwise agreed in writing by the Company.

The reproduction, by whatever means, of the Company’s publications or any publication used by the Company in the performance of the Contract is expressly forbidden and the company will not hesitate to take legal proceedings in respect of any breaches.

If the services are to be provided by the Company in accordance with a specification submitted by the Client, the Client shall indemnify the Company, against liability, loss, damage, costs and expenses suffered or incurred by the Company in respect of any claim for infringement of any Intellectual Property Rights of any person which results from or arises out of the use of the Client’s specification.

FORCE MAJEURE

The Company shall not be liable to the Client or be deemed to be in breach of Contract by means of any delay in performing or failure to perform any of the Company’s obligations in respect of the Services or the Contract if the delay or failure was due to any cause beyond the Company’s reasonable control.

LAW

The Terms and any Contract shall be constructed in accordance with English law and the Company and Client submit to the non-exclusive jurisdiction of the English Courts.

For details of our standard terms and conditions (applicable to all bookings and orders made directly to us and not through this website) please contact us for details.