Exemplas Holdings Group Companies - Terms and Conditions of Business
In these terms
‘Exemplas Holdings’ or ‘We’ means one or other of the Exemplas Holdings Group Companies, depending on the Products and/or the Services ordered, as indicated in the order form available online:
The registered office of the company is:
BioPark, Broadwater Road,
Welwyn Garden City
Registered in England No. 4106751
‘The Customer’ or ‘You’ means the person placing an order for the purchase of the Products and/or the Services from Exemplas Holdings.
‘The Products’ means hard copy items identified on this website, such as publications and CDs and other items relating to the Services, whether purchased separately or in connection with the supply of the Services.
‘The Services’ means the services described in Clause 7 below.
2. Orders and payments
2.1 Firm Orders and Acceptance
Completion and submission (electronic or otherwise) to us of the online booking form constitutes your order for the Products and/or the Services referred to in the booking form on the terms set out below, whether or not you propose to make payment online.
We will acknowledge receipt of on-line orders electronically but all such orders are subject to our written acceptance.
Acceptance of all orders (whether placed online or not) will be by issue of the relevant invoice (or where payment has been received online, by issue of copy invoice) in accordance with Clause 2.4 below (for addresses see Customer Services at the end of these terms and conditions).
In the event of our not accepting any order placed, any sum debited to us from your credit/debit card will be re-credited to your account as soon as possible.
2.2 Terms and conditions of business
Acceptance will always be on the basis that:
- these Exemplas Holdings terms and conditions of business apply, and
- no terms and conditions accompanying a customers order shall apply unless specifically referred to in our acceptance, and
- nothing said by any of our employees or agents shall be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of the Products or the Services offered by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such statement being untrue or misleading.
The prices payable for the Products and the Services are as set out in our website unless Clause 3 below is applies.
All prices are shown exclusive of VAT unless otherwise stated. Our VAT registration number (either company) is 755693095.
A VAT invoice for all orders placed (marked paid where applicable) will be sent to you by post within 7 working days.
2.5 Time for Payment
Where payment is not made by credit/debit card bank transfer, payment for the Products and the Services ordered shall be made without deduction or set off to Exemplas Holdings in the relevant company name and at the address set out on the invoice within 30 days of the invoice date or by the date of delivery of the Products or the Services (if earlier). Overdue payments shall incur interest at 2% above the base rate of National Westminster Bank plc.
2.6 Methods of Payment
We normally require payment by credit/debit card when the Products or Services are ordered online. Where orders are telephoned or emailed and accepted by us, payments should be made by cheque following receipt of invoice.
3. Discounted and free-of-charge training courses
From time to time we offer a number of our courses free of charge or at a discount to customers meeting certain criteria.
When you have registered on our website and we have verified that your personal details match the appropriate eligibility criteria you will automatically:
- be provided with details of any courses which are then available free of charge , and
- be offered any discount then available to you for the course you have selected.
4. Registration on website
Customers registering on our website meeting the necessary eligibility criteria will not only be offered available discounts or free places on training courses as referred to in Clause 3 above, but also given access to certain secure areas of the site.
5. Delivery of Products
Products will normally be despatched by post to the address specified in your order form within 3 working days of your order being processed.
6. Cancellation of orders for Products
6.1 Statutory Rights & Distance Selling Regulations 2000
Orders placed via this website are subject to the UK Consumer Protection (Distance Selling) Regulations 2000 under which you may cancel your order (without giving any reason) and receive a full refund for any of the Products (other than digital items, such as e-Learning products, where the item has been downloaded) at any time up to the end of the seventh working day after delivery of the Product to you.
If you wish to cancel your order, you must do so either:
- in person or
- in writing (i.e. by post, e-mail or fax)
on the terms of and at/to the address set out in Clause 6.3 below.
6.2 Acceptance of returns
In addition to your statutory rights, we will normally accept (but at our discretion) the return of any Product if you wish to cancel its purchase provided it remains in its original condition and provided you return it to us on the terms and to the address set out in Clause 6.3 below, within 30 calendar days of delivery of the item to you.
6.3 Cost of return/address for returns
In the event of you cancelling your order in accordance with Clauses 6.1 or 6.2 above, you will be responsible for the cost of return of any Product already forwarded or in the process of being forwarded to you.
The address for returns is:
Exemplas Holdings Returns
BioPark, Broadwater Road,
Welwyn Garden City
Any Product so returned remains at your risk pending receipt by us and consequently for your protection we recommend that you use a recorded-delivery service.
6.4 Re-imbursement of purchase price
As soon as we accept notice of your cancellation of your order in accordance with the above terms, we will refund the purchase price of the relevant Product.
Any sum debited to us from your credit/debit card will be re-credited to your account as soon as possible and in any event within 30 days of your order provided that the Product is returned by you and received by us in the condition it was in when delivered to you. If you do not return the Product delivered to you or do not pay the costs of return, we shall be entitled to deduct the direct costs of recovering the Product from the amount to be re-credited to you.
7. Delivery of services
‘The Services’ means the delivery of the training courses referred to in Clause 8 below.
8. Training courses
8.1 Website descriptions of training courses
The outlines of courses on this website are intended as guides only, as courses are regularly reviewed and updated to reflect changes in legislation and other business developments as well as continuous improvements to the Services.
8.2 Limited numbers
Our courses are designed and presented by specialists and are intended to be participative wherever appropriate. To facilitate this, the number of bookings accepted on each course is restricted, so as to enable those attending to obtain the full benefit of discussion and interaction between delegates and the speaker.
8.3 What is included in the purchase price of course place
Please see the individual course description for details of any meals or accommodation included.
8.4 Course materials
Course handout materials are provided as an aid to learning and understanding and to avoid copious note taking. They are only available to those booked on a course and not sold separately. No part of any handout material may be reproduced without permission.
9. Change or cancellation of bookings
9.1 If you have to change or cancel your booking
Please contact us as soon as possible (see Customer Services below).
We understand that changes in circumstances mean that it is not always possible for an individual booked on a course to attend. However, cancellations can cause us difficulties and are therefore subject to the following conditions:
- Delegates can be substituted at any time prior to the commencement of the course.
- A transfer to another course will be considered as a cancellation and re-booking.
- A course place may be cancelled without charge providing the necessary notice is given to us in the same form or method as is set out in clause 2.1 above for the placing of orders and it is received by us.
- not less than 10 clear working days prior to the commencement of the course or
- in the case of a course offered free of charge, at least 2 clear working days prior to the commencement of the course, or
- within 7 clear working days of the confirmation of order (but prior to the commencement of the course)
whichever is the later date.
As soon as we accept notice of your cancellation of any order which may be cancelled without charge in accordance with the above terms, we will refund fees paid. Any sum debited to us from your credit/debit card will be re-credited to your account as soon as possible and in any event within 30 days of your order.
- Where a course place is not cancelled, or is cancelled on less than the working days’ notice required above, the full course fee will remain payable.
9.2 If we need to change or cancel your booking
We know that cancellation of a course by us causes inconvenience and we therefore make every endeavour to run published programmes. However, we reserve the right to alter or reschedule programmes, timings, speakers, fees or venues without prior notice for whatever reason. Such alteration or cancellation will only be in exceptional circumstances and in such case we will endeavour to give you as much notice as possible.
In the event of any change of alteration or cancellation of course, our liability shall be restricted to offering you a re-booking on any replacement course we run, or the refunding of any fees paid to us by you if we are not replacing the course or if you do not wish to accept any re-booking offered.
10. Limitation of liability
Nothing in these terms and conditions is intended to limit any rights you might have as a consumer, whether under statute or otherwise, that may not be excluded. Subject to that:-
10.1 Exemplas Holdings only accepts liability for:-
10.1.1 Death or injury caused by the negligence of Exemplas Holdings, its employees, agents or subcontractors without limit; and
10.1.2 Subject to Clause 10.2.2 below, physical damage to or loss of your tangible property to the extent it results from breach of contract or the negligence of Exemplas Holdings, its employees agents; and
10.1.3 Any other liabilities specifically provided for in these terms to the extent so specified.
10.2.1 Under no circumstances shall Exemplas Holdings be liable to you for any indirect or consequential losses, damages costs or expenses of any kind whatever (including any loss of production, loss or corruption to data, loss of profits or of contracts, loss of operation time and loss of goodwill or anticipated savings, even if Exemplas Holdings has been advised of their possibility) and howsoever caused, whether arising under contract, tort (including negligence) or otherwise in connection with the performance of this agreement, including the provision of (or failure to provide) any information or advice.
10.2.2 Except in respect of death and personal injury, our total liability to you in contract or tort (including negligence) or otherwise from or in relation to the provision of or failure to provide any Product or Service under this agreement shall not exceed
- in respect of loss or damage to tangible property, the sum of £10,000
- in the event of any alteration or cancellation of a course in accordance with Clause 9.2 above, as provided for in that Clause
- in respect of any other loss, an amount equivalent to the sum paid by you for the Products and/or the Services in question.
10.2.3 This Clause 10 shall apply before and after any termination of this agreement.
11. Data Protection
We do not sell, trade or rent your personal information to others. Your details will be added to our database in order to process your request, and so that you can be kept up to date with relevant details of our services.
If you do not wish to receive any further information or offers from us, whether by post telephone or email, please let us know (see Customer Services at the end of these terms and conditions).
13. Intellectual Property
13.1 All Intellectual Property Rights in the Products or any course material or work created by Exemplas Holdings or its employees, agents or subcontractors as part of the provision of the Services shall be the property of Exemplas Holdings. For this purpose Intellectual Property Rights’ means copyrights, rights in the nature of copyright, patents, trade marks, database rights, service marks, design rights, registered designs, and any other similar proprietary rights.
13.2 No Product or any part of any course material or any material supplied by Exemplas Holdings as part of training services shall be reproduced by you in any way without the prior agreement in writing of Exemplas Holdings.
14. Complaints and Disputes
In the unlikely event that you have cause for complaint please contact us as soon as possible (see Customer Services at the end of these terms and conditions). You will receive an acknowledgement within [five] working days and we will try to resolve any problems as quickly as possible.
The parties agree to use all reasonable efforts to negotiate a settlement of any complaint or dispute between them
(i) by using Exemplas Holdings’s complaint handling procedure, or if this is unsuccessful,
(ii) by one party giving notice to the other requesting that the dispute be referred to mediation in accordance with the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure.
Any amendment to each confirmed order must be in writing agreed between the parties.
Unless otherwise expressly stated in these terms and conditions,
- all notices from you to us must be in writing and sent to our contact address set out under “Customer Services” at the end of these terms and conditions and
- all notices from ourselves to you must be in writing and sent to the address set out on the order form.
If any part of these terms and conditions is unenforceable, the enforceability of any other part of them shall not be affected.
The failure of either party to seek redress for breaches or to insist upon strict performance of any term, condition or provision of this Agreement, or the failure of either party to exercise any right or remedy to which it is entitled hereunder shall not constitute a waiver thereof. A waiver of any default shall not constitute a waiver of any subsequent default. No waiver of any of the terms, conditions or provisions of this Agreement shall be effective unless it is in writing.
15.5 Jurisdiction and applicable law
These terms and any contract of which they form part shall be governed by and interpreted in accordance with English law and subject to the exclusive jurisdiction of the English courts.
16. Customer Services
If you wish to contact us for any reason, please do so during business hours using one of the following routes: (business hours are Monday to Friday 09.00 to 17.00).
Tel: +44 (0) 845 600 9130
Fax: +44 (0) 845 60 20 111
Contact us using our enquiry form.
Exemplas Holdings Customer Services
Welwyn Garden City