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Document created: 17 April 2015
Last updated: 9 January 2018
This document provides the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our website (our site) to you. Your attention is drawn in particular to clause 14, which relates to the supply of products containing digital content and the restrictions governing their use.
These Terms will apply to any agreement (Contract) between us for the sale of Products to you. Please read this document carefully before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse, you will not be able to order any Products from our site.
We amend these Terms occasionally as necessary (Clause 6). Every time you wish to order Products, please (re)refer to these Terms.
These Terms, and any Contract between us, are only in the English language.
1. INFORMATION ABOUT US
1.1 We operate the website: https://www.istructe.org/shop. We are IStructE Ltd, a company registered in England and Wales under company number 2444141 and with our registered office and main trading address at 47–58 Bastwick Street, London EC1V 3PS.Our VAT number is 497 6944 68.
1.2 To cancel a Contract in accordance with your legal right as set out in Clause 7, you can either:
e-mail us at: [email protected] or
telephone us on: 020 7201 9121 or
write to us at: The Institution of Structural Engineers, Publishing Dept., 47–58 Bastwick Street, London EC1V 3PS.
2. OUR PRODUCTS
2.1 The images of the Products on our site are for illustrative purposes only. Actual colours/sizes may vary from those displayed.
2.2 The packaging of the Products may vary from that shown on images on our site.
2.3 We accept no responsibility for the content of any Products. We give no warranty or assurance about the content of any Products. Information may be incorrect or out of date. Materials are not intended to constitute advice in any specific situation. All implied warranties and conditions are excluded, to the maximum extent permitted by law. The views expressed in any Products are those of the author and do not necessarily represent the views of, and should not be attributed to, us.
3. IF YOU ARE A CONSUMER
This clause 3 only applies if you are a consumer.
3.1 If you are a consumer, you may only purchase Products from our site if you are at least 18 years of age.
4. IF YOU ARE A BUSINESS CUSTOMER
This clause 4 only applies if you are a business.
4.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
4.2 These Terms constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
4.3 You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms.
4.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
5. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
5.1 Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us.
5.2 If you order a Printed Product, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in Clause 5.3.
5.3 We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.
5.4 If you order a Digital Product, your order will be checked instantaneously and, once verified, access to the Product will be supplied immediately.
5.5 If we are unable to supply you with a Product for any reason (Clause 10.5), we will inform you of this by e-mail and we will not process your order. If you have already paid for the Product, we will refund you the full amount (including any delivery costs).
6. OUR RIGHT TO VARY THESE TERMS
6.1 We reserve the right to amend these Terms to reflect changes in relevant laws and regulatory requirements, and for any other reason. Every time you order a Product from us, the Terms in force at the time of your order will apply to the Contract between you and us.
7. YOUR CONSUMER RIGHT OF RETURN AND REFUND
This clause 7 only applies if you are a consumer.
7.1 If you are a consumer of Printed Products you have a legal right to cancel a Contract during the period set out in Clause 7.3. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep the entire order, you can notify us of your decision to cancel the Contract and receive a full refund including the delivery charge (at the least expensive rate). Note that if you cancel part of your order you will not receive a refund for the original delivery charge (Clause 7.5). Advice about your legal right to cancel is available from your local Citizens' Advice Bureau or Trading Standards office.
7.2 However, this cancellation right does not apply in the case of any Products that contain digital content (including apps, digital software, PDFs, ebooks etc) which you purchase that are not on a tangible medium (e.g. on a CD or DVD). Digital Products are non-refundable.
7.3 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed.
7.4 Your deadline for cancelling the Contract is the end of the 14th day after the day on which you received the Product.
7.5 If the contract is for multiple products that were delivered on different dates, your deadline for cancelling the Contract is the end of the 14th day after the day on which you received the final Product.
7.6 If you cancel your Contract we will:
7.6.1 refund you the full amount you paid for the Products. However, we may reduce/withhold any refund for products returned to us in an unsaleable condition, where we reasonably believe the deteriorated condition to be a result of negligence while in your possession.
7.6.2 refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the cost of delivery by the least expensive delivery method we offer.
7.6.3 make any refunds due to you within the following deadlines:
220.127.116.11 if you have received the Product and we have not offered to collect it from you: 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a Product to us (Clause 7.8);
18.104.22.168 if you have not received the Product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.
7.7 If you have returned the Products to us under this Clause 7 because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
7.8 If you used a credit/debit card to make payment, we will issue a refund to that card. If you paid by cheque we will issue a refund via BACS and will therefore require your bank details. Please note that refunds for payments made by cheque could take up to 30 days to be credited to your account.
7.9 If a Product has been delivered to you before you decide to cancel your Contract:
7.9.1 then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract;
7.9.2 unless the Product is faulty or not as described (Clause 7.6), you will be responsible for the cost of returning the Product to us.
7.10 We are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 7 or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
8.1 We will contact you with an estimated delivery date, which will be within 30 days after the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order). Occasionally our delivery to you may be affected by an Event Outside Our Control. See Clause 15 for our responsibilities when this happens.
8.2 Delivery of an Order shall be completed when we deliver the Products to the address you gave us, or you (or a carrier organised by you) collect them from us. The Products will be your responsibility from that time.
8.3 Subject to Clause 14, you own the Products once we have received payment in full, including all applicable delivery charges.
This clause 8.4 only applies if you are a consumer.
8.4 If we miss the 30 days delivery deadline for any Products then you may cancel your Order straight away if any of the following apply:
8.4.1 we have refused to deliver the Products;
8.4.2 delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
8.4.3 you told us before we accepted your order that delivery within the delivery deadline was essential.
8.5 If you do not wish to cancel your order straight away, or do not have the right to do so under Clause 8.4, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.
9. INTERNATIONAL DELIVERY
9.1 We deliver to the countries listed in the ‘Estimate Shipping and Tax’ section of the checkout page at https://www.istructe.org/shop/ (International Delivery Destinations). However, there are restrictions on some Products for certain International Delivery Destinations, so please review the information on that page carefully before ordering Products.
9.2 If you order Products from our site for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
9.3 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
9.4 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
10. PRICE OF PRODUCTS AND DELIVERY CHARGES
10.1 The prices of the Products will be as quoted on our site at the time you submit your order. We take reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see clause 10.5 for what happens if we discover an error in the price of Product(s) you ordered.
10.2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
10.3 All prices stated exclude VAT. The applicable VAT rate will be applied at checkout. If the rate of VAT changes between the date of your order and the date of delivery, the VAT rate at the date of your order will be the applicable rate.
10.4 The price of a Printed Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order.
10.5 Our site contains a large number of Products. It is possible that, despite our reasonable efforts, Products may be incorrectly priced. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
11. HOW TO PAY
11.1 You can pay for print Products using either a debit/credit card or via cheque. Cheques should be made payable to “IStructE Ltd” and marked for the attention of the Institution’s Commercial Department at the address listed in Clause 1.1.
11.2 Payment for print Products and all applicable delivery charges is required at checkout. Note: we will not charge your debit/credit card or process your cheque until we dispatch your order.
11.3 You can pay for digital Products using a debit/credit card. The Product will be available for you to download immediately upon credit/debit card authorisation.
12. OUR LIABILITY IF YOU ARE A BUSINESS
This clause 12 only applies if you are a business customer.
12.1 We only supply the Products for internal use by your business, and you agree not to use the Product for any resale purposes.
12.2 Nothing in these Terms limits or excludes our liability for:
12.2.1 death or personal injury caused by our negligence;
12.2.2 fraud or fraudulent misrepresentation;
12.2.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
12.2.4 defective products under the Consumer Protection Act 1987.
12.3 Subject to Clause 12.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
12.3.1 any loss of profits, sales, business, or revenue;
12.3.2 loss or corruption of data, information or software;
12.3.3 loss of business opportunity;
12.3.4 loss of anticipated savings;
12.3.5 loss of goodwill; or
12.3.6 any indirect or consequential loss.
12.4 Subject to Clause 12.2, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.
12.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms 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 Products are suitable for your purposes.
13. OUR LIABILITY IF YOU ARE A CONSUMER
This Clause 13 only applies if you are a consumer.
13.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
13.2 You agree not to use the product for any resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.3 We do not in any way exclude or limit our liability for:
13.3.1 death or personal injury caused by our negligence;
13.3.2 fraud or fraudulent misrepresentation;
13.3.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
13.3.4 any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
13.3.5 defective products under the Consumer Protection Act 1987.
14. PRODUCTS CONTAINING DIGITAL CONTENT
14.1 We grant you a non-transferable, non-exclusive licence to use the digital content in the Product. Reproduction or transmission of all or part of the content, whether by storing in any medium by electronic means or otherwise, without our prior written consent, is prohibited. The commission of any unauthorised act in relation to the content may result in civil or criminal actions.
14.2 You shall not grant sub-licences, in whole or in part, of any of the rights granted under this Clause 14, or sub-contract any aspects of exploitation of the rights licensed to you, without our prior written consent.
14.3 You may not change, amend or develop the digital content in any way without our prior written consent.
14.4 We retain ownership of all intellectual property rights in the digital content and in any derivative works which it may create.
14.5 You shall not infringe any moral rights (as defined in Chapter IV of the Copyright, Designs and Patents Act 1988) that subsist in respect of the digital content.
15. EVENTS OUTSIDE OUR CONTROL
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in Clause 15.2.
15.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
15.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
15.3.1 we will contact you as soon as reasonably possible to notify you; and
15.3.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
15.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
16. COMMUNICATIONS BETWEEN US
16.1 When we refer, in these Terms, to "in writing", this will include e-mail.
16.2 If you are a consumer you may contact us as described in Clause 1.2.
16.3 If you are a business:
16.3.1 Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.
16.3.2 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, one Business Day after transmission.
16.3.3 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 e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
16.3.4 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
17. OTHER IMPORTANT TERMS
17.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
17.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
17.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
17.4 Each of the paragraphs of these Terms 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.
17.5 If we fail to insist that you perform any of your obligations under these Terms, 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.
17.6 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. Both parties agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
17.7 If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law.
17.8 If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).