Terms & Conditions

You (the "Customer"/ "You" / "Your") must agree to these terms and conditions before ordering from Highfield.co.uk Limited ("we" "us" "Highfield"). Clicking on the 'place order' button indicates that you agree with all terms and conditions stated herein. You should read these terms and conditions before placing an order, they contain important information.

We have tried to state our terms and conditions as clearly as possible, however, if you have any queries at all about these terms and conditions, please do not hesitate to contact us.

Contents:

1. General information
2. Who we are
3. E-mail and attachments
4. Payment and delivery
5. HIGHFIELD.CO.UK LTD General Conditions of Sale
6. The highfield.co.uk limited web site
7. Cookies
8. Personal information
9. Credit/Debit card payment
10. Additional Terms and Conditions for highfield.co.uk Training Courses
11. Assignment
12. Force Majeure
13. General
14. Communications
15. e-Learning activation codes
16. Privacy Policy

1. General information

1.1 Subject to any variation under condition 1.3 the Contract shall be on these conditions to the exclusion of all other terms and conditions (including any terms or conditions which You purports to apply under any purchase order, confirmation of order, specification or other document).

1.2 No terms or conditions endorsed on, delivered with or contained in Your purchase order, confirmation of order, specification or other document shall form part of the Contract simply as a result of such document being referred to in the Contract.

1.3 These conditions apply to all the Company's sales and any variation to these conditions and any representations about the Goods shall have no effect unless expressly agreed in writing and signed by a director of the Company. You acknowledge that You have not relied on any statement, promise or representation made or given by or on behalf of the Company which is not set out in the contract. Nothing in this condition shall exclude or limit the Company's liability for fraudulent misrepresentation.

1.4 Each order or acceptance of a quotation for Goods by You from the Company shall be deemed to be an offer by You to buy Goods subject to these conditions.

1.5 No order placed by You shall be deemed to be accepted by the Company until a written acknowledgement of order is issued by the Company or (if earlier) the Company delivers the Goods to You.

1.6 You shall ensure that the terms of its order and any applicable specification are complete and accurate.

1.7 Any quotation is given on the basis that no Contract shall come into existence until the Company dispatches an acknowledgement of order to You. Any quotation is valid for a period of 30 days only from its date, provided that the Company has not previously withdrawn it.

2. Who we are

Highfield can be contacted directly by any of the means below:

2.1 Mail
Highfield.co.uk limited, Highfield House, Sidings Court, Lakeside, Doncaster, DN4 5NL

2.2 Telephone
0845 2260350

2.3 E-mail
info@highfield.co.uk

2.4 Contacts
Chairman - Richard Sprenger
Managing Director - Christian Sprenger
Customer Services Director - Jayne Sprenger
Legal and Operations Director - Jason Sprenger

3. E-mail and attachments

3.1 Highfield.co.uk limited will not send you an e-mail with an attachment unless you specifically request it. We will not ask you to confirm any of your details by e-mail. Should you receive an e-mail with an attachment indicating that it is from Highfield.co.uk limited, and you have not specifically asked for the attachment you should not open it, as it may not be from us.

3.2 All of Highfield.co.uk limited's e-mail enabled computers are running up-to-date antivirus software. Although every reasonable effort has been made to ensure that our computers are virus free, we cannot be held responsible for any loss or damage to computers or other equipment, however so caused by opening a file from or indicating that it is from Highfield.co.uk limited.

4. Payment and delivery

4.1 Unless a specific agreement has been made, the following will apply: For orders within mainland UK received before 17:00pm, your goods will normally be dispatched the following working day. Orders will normally be dispatched using a two working day service. It should normally take no longer than 4 working days to receive your order. If you have not received your order after this time, please contact us.

4.2 For orders outside the UK, delivery charges may be shown as £0.00. You may be contacted before shipping to confirm the delivery costs.

4.3 For order placed within the UAE, delivery rates will equivalent to those charged in the UK.

4.4 All prices for products purchased in the UAE will be processed at the current exchange rate in operation by the processing bank. This may vary from the exchange rate listed on the Highfield Site.

4.5 Products ordered from within the UAE are priced in GBP with an indicated cost in UAE. This indicated cost is based on an average of the exchange rate from GBP to AED over a period of time. The period used for this calculation at any point in time will be detailed on all relevant pages. This indicated cost is for information only.

4.6 The GBP cost for products ordered in UAE may vary from the cost of the same products when purchased through the UK site. This is to account for additional costs in the transportation of products to the UAE.

4.7 If the delivery arrangements differ from above, you will be informed at the point of ordering, or by e-mail as close as possible to the time of ordering.

4.8 At any time before your order is dispatched, you have the right to cancel your order without payment or prejudice.

5. HIGHFIELD.CO.UK LTD General Conditions of Sale

5.1 General

5.1.1 Unless otherwise agreed all sales made by Highfield are made under these conditions of sale. No variation of these conditions of sale or any terms supplied with any order form or other document provided by you will be binding on Highfield unless accepted in writing by a Director of Highfield.

5.1.2 All goods are subject to availability. As a result of continuous product improvement the specification or design of goods may vary from that shown.

5.1.3 It is your responsibility to ensure the suitability of the goods offered are for any particular purpose.

5.2 Copyright

5.2.1 All rights reserved. No part of any publication, training materials, CD ROM, DVD, video production or any of the author's works may be reproduced. These works may not be stored in a retrieval system, or transmitted in any form or by any means electronic, photocopying, recording or otherwise without prior permission in writing of Highfield.co.uk Ltd

5.2.2 Videos sent out to a customer on a preview only bases must not be used for training purposes whatsoever until the video is sold completely.

5.3 Prices and Payment

5.3.1 All prices in our catalogue, leaflets and on our website are in pounds sterling, exclude VAT and delivery and were correct when published. Highfield reserves the right to change the advertised price before an order is placed.

5.3.2 The goods remain the property of Highfield.co.uk Ltd until full payment has been received by Highfield.

5.3.3 Highfield may charge interest at the higher of either 3% above Barclays Bank plc base rate or the rate as set out in the Late Payments of Commercial Debts Regulations This is currently 8% on any amount not received by the due date until such amount is received.

5.4 Delivery

5.4.1 For delivery timescales please refer to section 4.1.

5.4.2 Risk of loss or damage to the goods shall pass to you upon delivery whether or not they have been paid for.

5.4.3 Damage to goods must be noted at the time of delivery and claims must be notified to Highfield within 3 days of delivery to you. Claims for non-delivery of goods must be notified to Highfield within 7 days of the invoice date.

5.4.4 Faulty goods will be accepted for return within 14 days of delivery to you if they are returned undamaged.

5.4.5 Any goods returned to Highfield without agreement or in a damaged condition will be rejected and returned to you at your cost.

5.4.6 Proof of delivery of returned goods must be retained by the purchaser. Returned videos obtained for preview, should be sent First Class Recorded.

5.6 Liability

5.6.1 This clause sets out Highfield's entire liability to the customer.

5.6.2 All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract

5.6.3 Nothing in these conditions excludes or limits the liability of Highfield:
(a) for death or personal injury caused by Highfield's negligence; or
(b) under section 2(3), Consumer Protection Act 1987; or
(c) for any matter which it would be illegal for the Highfield to exclude or attempt to exclude its liability; or
(d) for fraud or fraudulent misrepresentation.

5.6.4 Subject to condition 5.6.2 and condition 5.6.3:

(a) Highfield's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the Contract price; and

(b) Highfield shall not be liable to the customer for any pure economic loss, loss of profit, loss of business, loss of data, loss of revenue, depletion of goodwill or otherwise, in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract.

5.7 The Consumer Protection (Distance Selling) Regulations 2000...

5.7.1 Consumers are entitled to a 7 day 'cooling off' period under the distance selling regulations, during which time you may return goods purchased through the web site, subject to condition 5.7.4, for a refund or exchange, for any reason.

5.7.2 If you wish to exercise your rights under these regulations, you can do so by informing us of your intentions in writing. In this case, any refund will be limited to the cost of the goods purchased only, shipping costs will not be refunded. You must return the goods to us within 7 working days of receipt of your written confirmation. You will be liable for all shipping costs incurred in returning the goods to us. The goods must be returned undamaged and unused. The goods must be returned using a recorded and insured delivery service. Non-faulty items returned may be subject to a re-stocking fee.

5.7.3 Your refund will be issued within 28 days of receipt of the undamaged, unused goods. We reserve the right not to issue a refund if, upon inspection, the goods are found to have been used or damaged in any way. This does not affect your statutory rights.

5.7.4 Applies to sales within EEA only. This right to cancel does not extend to: Any un-sealed audio or video recordings, computer software/files, personalized goods or goods made to a customer's specification, perishable goods and / or services, any copyright protected training materials.

6. The highfield.co.uk and highfield.ae Web-Sites

6.1 The sites are the copyright of Highfield.co.uk limited. All content, both textual and graphical, and its arrangement and distribution on the sites is protected by international copyright law.

6.2 The sites in full, or any part of the site, may not be reproduced, or stored in any form, either electronic or otherwise, without the prior written consent of Highfield.co.uk limited.

7. Cookies

7.1 A 'Cookie' is a small piece of information stored on YOUR computer. Cookies can be used by websites to store and view information about users of that site.Any information stored by the site in a cookie is solely to aid the user in browsing the site. The site should operate at a satisfactory level with cookies disabled in your browser. If you choose to disable cookies you may experience difficulties in using the shopping cart, in this case please e-mail your order to: orders@highfield.co.uk, or phone (0845) 2260350.

7.2 Third party cookies: Disabling third party cookies should have no detrimental effect on the performance of the web site.

8. Personal Information

8.1 Please click on our Privacy Policy for details as to how we use your information. We do not sell personal information about any of our customers, to any party, for any reason.

Your personal details may be kept by highfield.co.uk limited if you choose to supply them. They will be kept for our records only and will be used only for our own marketing/promotional purposes, or for order/payment processing/monitoring. Your personal details WILL NOT be passed on to any third parties without your expressed permission. If you would like us to remove you from our private records, please contact us supplying your name and address, and your personal details will be removed within 7 working days.

8.2 Your credit/debit card details will be kept for the duration of the transaction for which they were supplied only. Upon satisfactory completion of the transaction, your credit/debit card details will be removed and destroyed. No record of them will be kept, electronically or otherwise.

9. Credit/Debit Card Payment

9.1 The secure credit/debit card processing service for this site has been provided by Protx. Your details may be transferred to Protx for the sole purpose of processing any transactions you have instigated.

9.2 Under no circumstances will your credit/debit card information passed on, sold or loaned to any third party. Your credit/debit card information is kept for the duration of the transaction in question only. If you are in any doubt, we are happy to take credit/debit card payments over the phone or accept payment by cheque.

9.3 You should ensure that you have established a secure connection before supplying any credit/debit card information. For more information on how to tell if you are viewing a secure or non-secure site, please see your browsers documentation.

10. Additional Terms and Conditions for highfield.co.uk Training Courses

10.1 Booking Conditions

10.1.1 On residential courses, accommodation and all meals are provided for residents

10.1.2 Payments must be received prior to the course

10.1.3 Once Highfield.co.uk has received the booking form you are liable for payment

10.2 Highfield.co.uk reserves the right to cancel the course, for example due to under subscription. In such circumstances a full refund of course fees will be made or transfer to another suitable course should the delegate request so. No responsibility is accepted for incidental or consequential loss resulting from such a cancellation.

10.3 Cancellations

10.3.1 More than 28 working days before the course, no charge will be made

10.3.2 14-28 working days before the course, 50% of the fee will be payable

10.3.3 Less than 14 working days before the course, the whole fee will be payable

10.3.4 All cancellations requested verbally must be confirmed in writing, fax or email

10.4 Substitutions

10.4.1 May be made at any stage at no cost

10.5 Transfers

10.5.1 Transfer to a subsequent date when the same course is running, subject to availability of places, will be a standard fee of £25.

10.5.2 Any hotel cancellation costs may be charged.

10.5.3 If that transfer is then cancelled at any time the original cancellation clause will apply.

10.5.4 All changes requested verbally must be confirmed in writing, fax or e-mail. Changes will become effective on the date of receipt of written confirmation.

10.6 Occasionally, due to circumstances beyond our control alterations to timing and content of courses may become necessary. We therefore reserve the right to modify the course information or tutor.

11. Assignment

11.1 Highfield may assign the Contract or any part of it to any person, firm or company.

11.2 You shall not be entitled to assign the Contract or any part of it without the prior written consent of Highfield.

12. Force Majeure

12.1 Highfield reserves the right to defer the date of delivery or to cancel the Contract or reduce the volume of the Goods ordered by the customer (without liability to the customer) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of Highfield including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, provided that, if the event in question continues for a continuous period in excess of 180 days, the customer shall be entitled to give notice in writing to Highfield to terminate the Contract.

13. General

13.1 Each right or remedy of Highfield under the Contract is without prejudice to any other right or remedy of Highfield whether under the Contract or not.

13.2 If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.

13.3 Failure or delay by Highfield in enforcing or partially enforcing any provision of the Contract shall not be construed as a waiver of any of its rights under the Contract.

13.4 Any waiver by Highfield of any breach of, or any default under, any provision of the Contract by the Customer shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the Contract.

13.5 The parties to the Contract do not intend that any term of the Contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.

13.6 The formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.

14. Communications

14.1 All communications between the parties about the Contract shall be in writing and delivered by hand or sent by pre-paid first class post or sent by fax:
(a) (in case of communications to Highfield) to its registered office or such changed address as shall be notified to the Customer by Highfield; or
(b) (in the case of the communications to the Customer) to the registered office of the addressee (if it is a company) or (in any other case) to any address of the Customer set out in any document which forms part of the Contract or such other address as shall be notified to Highfield by the Customer.

14.2 Communications shall be deemed to have been received:
(a) if sent by pre-paid first class post, two days (excluding Saturdays, Sundays and bank and public holidays) after posting (exclusive of the day of posting); or
(b) if delivered by hand, on the day of delivery; or
(c) if sent by fax on a working day prior to 4.00 pm, at the time of transmission and otherwise on the next working day.

15. e-Learning Activation Codes

15.1 All activation codes are valid for 30 days only.

15.2 You should ensure that you are ready to, and capable of, installing and registering the software before contacting highfield for your activation code.

15.3 Licences will commence from the date of activation, after which date duplicate or replacement codes may not be given.

15.4 Where a replacement code is issued, this will be at Highfield's discretion.

15.5 All licences for a single machine only unless otherwise stated.

15.6 Any attempt to breach licence conditions, for example installing on multiple machines or attempting to fraudulently extend the licence duration, will be considered a serious copyright infringement.

15.7 All requests for replacement codes must be made in writing, or through the Highfield web site.