Consumer terms and conditions relating to the purchase of goods and services from the IET.
The Customer’s attention is drawn in particular to the provisions of clause 11.
1.1 The definitions in this clause apply to these Terms:
Force Majeure Event: shall have the meaning given in clause 12.
Goods: the products that we are selling to you as set out in the Order.
Order: your order for the Goods or Services.
Order Confirmation: shall have the meaning set out in clause 2.5(b).
Services: the services that we are providing to you as set out in the Order.
Terms: the terms and conditions set out in this document.
We/us: means any one of the following companies who accepts your order and issues an invoice for Goods and/or Services to you: (i) The Institution of Engineering and Technology, a registered charity in England & Wales (no 211014) and Scotland (no SC038698) whose registered address is Savoy Place, London, WC2R 0BL, UK or (ii) IET Services Limited, a company registered in England and Wales with company number 00909719 whose registered address is Savoy Place, London, WC2R 0BL, UK.
Writing or written: includes faxes and e-mail.
1.2 Headings do not affect the interpretation of these Terms.
2. BASIS OF SALE
(a) We consider these Terms, the Order and our price list to set out the whole agreement between you and us for the sale of the Goods or the supply of the Services. These Terms only apply to our contracts with consumers.
(b) Please check that the details in these Terms and on the Order are complete and accurate before you commit yourself to the contract. If you think that there is a mistake, please make sure that you ask us to confirm any changes in writing, as we only accept responsibility for statements and representations made in writing by our authorised employees and agents.
(c) Please ensure that you read and understand these Terms before you sign and submit the Order, because you will be bound by the Terms once a contract comes into existence between us, in accordance with clause 2.5.
2.2 Any samples, drawings, descriptions or advertising we issue, and any descriptions or illustrations contained in our catalogues or brochures, are issued or published solely to provide you with an approximate idea of the Goods and Services they describe. They do not form part of the contract between you and us.
2.3 If any of these Terms are inconsistent with any term of the Order, the Order shall prevail.
2.4 The Order is an offer by you to enter into a binding contract with us, which we are free to accept or decline at our absolute discretion.
2.5 These Terms shall become binding on you and us when:
(a) we issue you with written acceptance of an Order (Order Confirmation); or
(b) we notify you that we are able to provide the Services or supply the Goods,
whichever is the earlier, at which point a contract shall come into existence between us (Contract).
2.6 A quotation from us shall be valid for a period specified in it, unless we notify you in writing that we have withdrawn it during that period.
2.7 We shall assign an order number to the Order and inform you of it in the Order Confirmation. Please quote the order number in all subsequent correspondence with us relating to the Order.
2.8 You may at any time before any agreed delivery date amend or cancel an Order by providing us with written notice. If you amend or cancel an Order, your liability to us shall be limited to payment to us of all costs we reasonably incur in fulfilling the Order until we receive your amendment or cancellation. However, where the amendment or cancellation is due to our failure to comply with these Terms you shall have no liability to us for it.
2.9 We have the right to revise and amend these Terms from time to time. You will be subject to the policies and terms in force at the time that you order the Goods or Services from us, unless any change to those policies or these Terms is required by law or government or regulatory authority in which case it will apply to orders you have previously placed that we have not yet fulfilled. If the services are ongoing, we will give you prior notice of any changes to these Terms and you can choose to cancel the Order without penalty before the new Terms affect you.
3. THE GOODS
3.1 We warrant that on delivery the Goods shall:
(a) conform in all material respects with their description or the manufacturer's specification subject to any qualification or representation contained in our brochures, advertisements or any other documents;
(b) be of satisfactory quality;
(c) be fit for any purpose we say the Goods are fit for or for any reasonable purpose for which you use the Goods;
(d) be free from material defects in design, material and workmanship; and
(e) comply with all applicable statutory and regulatory requirements for selling the Goods in the United Kingdom.
3.2 This warranty is in addition to your legal rights in relation to Goods which are faulty or which otherwise do not conform with these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or trading standards office.
3.3 This warranty does not apply to any defect in the Goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, if you use the Goods in a way that we do not recommend, your failure to follow our instructions, or any alteration or repair you carry out without our prior written approval.
4. DEFECTIVE GOODS AND RETURNS
4.1 In the unlikely event that the Goods do not conform with these Terms, please let us know as soon as possible after delivery. We will ask you to return the Goods to us at our cost and once we have checked that the Goods are faulty, we will provide you with a full or partial refund, replace the Goods or repair the Goods.
4.2 These Terms will apply to any repaired or replacement Goods we supply to you.
4.3 You may cancel a Contract at any time within seven working days beginning on the day after you received the Goods by informing us in writing, in which case you need to return the Goods to us in their original packaging and in unused condition at your own cost within as soon as reasonably practicable.
4.4 All Goods should be returned to The IET Returns Department, Unit 7, Fulton Close, Stevenage, Herts, SG1 2AF, UK.
4.5 If you cancel your order or return the redemption code for an e-book and you will receive a refund if you have not downloaded the product(s).
5.1 Delivery of the Order shall be completed when we deliver the Goods to you.
5.2 We will take reasonable steps to meet the delivery date set out on the Order or as otherwise agreed between us in writing. However, occasionally delivery may be affected by factors beyond our control and so cannot be guaranteed. We will let you know if we become aware of an unexpected delay and will arrange a new delivery date with you.
5.3 Our estimated delivery times are 2-5 working days for delivery in the UK and 2-4 weeks for delivery outside the UK. If you fail to take delivery of an Order within 21 calendar days of the date set out in the Order, then, except where this failure is caused by our failure to comply with these Terms or by an event beyond your control we will store the Goods until delivery takes place and may charge you a reasonable sum to cover expenses and insurance and we shall have no liability for late delivery.
5.4 We will not be held responsible for incorrect or inaccurate data. Should you submit an order for which the goods are subsequently returned to us, an additional charge will be made to re-send the goods to you. If goods are delivered to an incorrect address, the IET will not be responsible for collecting and/or replacing the goods.
5.5 Upon confirmation of payment, e-book orders will be fulfilled by an email containing a redemption code and details of how to download the product
6. TITLE AND RISK
6.1 The Goods will be your responsibility from the time of delivery.
6.2 Ownership of the Goods will only pass to you when we receive payment in full of all sums due for the Goods, including delivery charges.
7. QUALITY OF SERVICES
7.1 Unless we are prevented from doing so by a Force Majeure Event, we will provide Services which:
(a) conform in all material respects with their description;
(b) are carried out with reasonable care and skill;
(c) are fit for any purpose we say the Services are fit for, or for any purpose for which you use the Services and about which you have informed us, or we could reasonably expect you to use the Services;
(d) are free from material defects in design, material and workmanship; and
(e) comply with all applicable statutory and regulatory requirements for supplying the Services in the United Kingdom.
7.2 This warranty is in addition to your legal rights in relation to Services which are not carried out with reasonable skill and care or which otherwise do not conform with these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
7.3 You must provide us, in sufficient time, with any information and instructions relating to the Services that is or are necessary to enable us to provide the Services in accordance with these Terms.
7.4 If you do not, or you provide us with incomplete, incorrect or inaccurate information or instructions, we may cancel the Order by giving you written notice, or we may make an additional charge of a reasonable sum to cover any extra work that is required.
7.5 We only supply the Services for domestic and private use, and you agree not to use the Services for any commercial purpose.
8. PROVISION OF SERVICES
8.1 We will supply the Services to you from the date set out in the Order.
8.2 The Services will be supplied until terminated in accordance with these Terms.
8.3 We will make every effort to complete the Services on time but there may be delays due to circumstances beyond our control. In this case we will complete the Services as soon as reasonably possible.
8.4 We may have to suspend the Services if we have to deal with technical problems, or to make improvements to the Service. We will let you know in advance where this occurs, unless the problem is urgent or an emergency.
9. DEFECTIVE SERVICES
9.1 In the unlikely event that the Services do not conform with these Terms, please let us know as soon as possible after we have carried them out. We will provide you with a full or partial refund depending on what is reasonable or re-perform the Services.
9.2 These Terms will apply to any replacement Services we supply to you.
10. PRICE AND PAYMENT
10.1 The price of the Goods or Services will be as set out in the quotation we provided to you or, if we have not provided a quotation or the quotation has expired, in our price list in force at the time we confirm your Order. Prices are liable to change at any time, but price changes will not affect Orders that we have confirmed in writing.
10.2 These prices include VAT. However, if the rate of VAT changes between the date of the Order and the date of delivery, we will adjust the VAT you pay, unless you have already paid in full before the change in the rate of VAT takes effect.
10.3 These prices exclude delivery costs, which will be added to the total amount due.
10.4 It is always possible that, despite our best efforts, some of the Goods or Services may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that, where the correct price is less than our stated price, we will charge the lower amount when dispatching the Goods to you. If the Goods’ correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Goods, or reject the Order and tell you. If the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error, we do not have to provide the Goods to you at the incorrect (lower) price.
10.5 Payment for all Goods or Services must be made in advance.
11. LIMITATION OF LIABILITY
11.1 Subject to clause 11.2 and 11.3, if either of us fails to comply with these Terms, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which we or you could reasonably foresee would result from the failure to comply with these Terms.
11.2 Subject to clause 11.3, neither of us shall be responsible for losses that result from our failure to comply with these Terms including, but not limited to, losses that fall into the following categories loss of income or revenue, loss of business, loss of anticipated savings, or loss of data. However, this clause 11.2 shall not prevent claims for foreseeable loss of, or damage to, your physical property.
11.3 This clause does not include or limit in any way our liability for:
(a) death or personal injury caused by our negligence; or
(b) fraud or fraudulent misrepresentation; or
(c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
(d) losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability; or
(e) any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
12. EVENTS OUTSIDE OUR CONTROL
12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (Force Majeure Event).
12.2 A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following:
(a) strikes, lock-outs or other industrial action; or
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; or
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or
(e) impossibility of the use of public or private telecommunications networks.
12.3 Our obligations under these Terms are suspended for the period that the Force Majeure Event continues, and we will extend the time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms can be performed despite the Force Majeure Event.
13.1 Either of us may terminate the arrangement between us at any time by providing the other party with 30 calendar days' prior notice in writing.
13.2 Termination will not affect either party's outstanding rights or duties, including our right to recover from you any money you owe us under these Terms.
You may not transfer any of your rights or obligations under these Terms to another person without our prior written consent, which we will not withhold unreasonably. We can transfer all or any of our rights and obligations under these Terms to another organisation, but this will not affect your rights under these Terms.
All notices sent by you to us must be sent to IET Customer Services, Michael Faraday House, 6 Hills Way, Stevenage, SG1 2AY (email: firstname.lastname@example.org). We may give notice to you at either the e-mail or postal address you provide to us in the Order. Notice will be deemed received and properly served 24 hours after an e-mail is sent or three working days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that the e-mail was sent to the specified e-mail address of the addressee.
16. DATA PROTECTION
16.1 We will only use the personal information you provide to us to provide the Goods and/or Services, or to inform you about similar goods or services which we provide, unless you tell us that you do not want to receive this information. We may share your personal information with other companies in our group unless you tell us that you do not want it to be so shared.
16.2 We have a full and detailed privacy statement available on our web site http://www.theiet.org/help/privacy.cfm which forms part of these Terms & Conditions.
17.1 If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
17.2 If we fail, at any time while these Terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any of our rights or remedies under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
17.3 A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
17.4 These Terms shall be governed by English law and you and we both agree to the exclusive jurisdiction of the English courts.