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:
1.1 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 despatches 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 Any quotation is valid for a period of 30 days only from its date, provided that the Company has not previously withdrawn it.
Highfield can be contacted directly by any of the
means below:
2.1 Mail
Highfield.co.uk limited, 'Vue Pointe', Spinney Hill,
Sprotbrough, Doncaster, DN5 7LY
2.2 Telephone
0845 2260350
2.3 E-mail
info@highfield.co.uk
2.4 Contacts
Managing Director - Richard Sprenger
Business Development Director - Christian Sprenger
Customer Services Director - Jayne Sprenger
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.
4.1 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 will be shown as £0.00. You will be contacted before shipping to confirm the delivery costs.
4.3 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.
4.4 At any time before your order is dispatched,
you have the right to cancel your order without payment
or predjudice.
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 out to a customer on a preview only bases must not be used fpr 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 excercise 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, personalised goods or goods made to a customer's specification, perishable goods and / or services, any copyright protected training materials.
6. The highfield.co.uk Web-Site
6.1 The site is the copyright of Highfield.co.uk limited. All content, both textual and graphical, and its arrangement and distribution on the site is protected by international copyright law.
6.2 The site 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.
7.1 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.
8.1 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.
9.1 The secure credit/debit card processing service for this site has been provided by securehosting.co.uk. This processing uses 128 bit encryption and has a Thawte Certificate to ensure the safety of your information. Once credit/debit details have been collected, your order will be processed manually through a standard PDQ.
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 verbaly 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.
11.1 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.
12.1 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.
13.1 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.
14.1 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 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.
16.1 Highfield.co.uk limited is committed to preserving the privacy of all visitors to www.highfield.co.uk . Please read the following privacy policy to understand how we use and protect the information that you provide to us.
16.2 By registering or
placing an order on this site, you consent to the collection, use and transfer
of your information under the terms of this policy.
16.3 INFORMATION THAT WE COLLECT FROM YOU
16.3.1 When you visit, register or order products or services on highfield.co.uk you may be asked to provide certain information about yourself including your name, contact details and credit or debit card information. We may also collect information about your usage of our website as well as information about you from [messages you post to the website and] e-mails or letters you send to us.
16.4 USE OF YOUR INFORMATION
16.4.1 Your information will enable us to provide you with access to all parts of our site and to supply the goods or services you have requested. It will also enable us to bill you and to contact you where necessary concerning your orders. We will also use and analyse the information we collect so that we can administer, support, improve and develop our business.
16.4.2 In particular, we may use your information to contact you for your views on our services and to notify you occasionally about important changes or developments to the site or our services. Further, where you have consented, we might also use your information to let you know about other products and services which we offer which may be of interest to you and we may contact you by post, telephone or fax, as well as by e-mail. If you change your mind about being contacted in the future, please let us know.
16.5 DISCLOSURE OF YOUR INFORMATION
16.5.1 The information you provide to us will be held on our computers in the UK and may be accessed by or given to our staff working outside the UK and third parties including companies within the highfield.co.uk limited group some of whom are located outside the European Economic Area who act for us for the purposes set out in this policy or for other purposes approved by you. Those parties process information, fulfil and deliver orders, process credit card payments and provide support services on our behalf include other types of recipients. We may also pass aggregate information on the usage of our site to third parties but this will not include information that can be used to identify you.
16.5.2 Where you have consented
when providing us with your details, we may also allow carefully selected third
parties, including other companies in our group, to contact you occasionally
about products and services which may be of interest to you including. They
may contact you by post, telephone or fax, as well as by e-mail. If you change
your mind about being contacted by these companies in the future, please let
us know.
16.5.3 Finally, if our business enters into a joint venture with or is sold
to or merged with another business entity, your information may be disclosed
to our new business partners or owners.
16.5.4 Countries outside the European Economic Area do not always have strong data protection laws. However, we will always take steps to ensure that your information is used by third parties in accordance with this policy.
16.5.5 Unless required to do so by law, we will not otherwise share, sell or distribute any of the information you provide to us without your consent.
16.6 COOKIES
16.6.1 Cookies are small amounts of information which we store on your computer. Unless you have indicated your objection when disclosing your details to us, our system will issue cookies to your computer when you log on to the site. Cookies make it easier for you to log on to and use the site during future visits. They also allow us to monitor website traffic and to personalise the content of the site for you. You may set up your computer to reject cookies, to do this please see your browsers documentation, although, in that case, you may not be able to use certain features on our site. If you do not wish to receive cookies in the future, please let us know.
16.7 SECURITY AND DATA RETENTION
16.7.1 We employ security measures to protect your information from access by unauthorised persons and against unlawful processing, accidental loss, destruction and damage. We will retain your information for a reasonable period or as long as the law requires.
16.8 ACCESSING AND UPDATING
16.8.1 You are entitled to see the information held about you and you may ask us to make any necessary changes to ensure that it is accurate and kept up to date. If you wish to do this, please contact us. We are entitled by law to charge a fee of £10 to meet our costs in providing you with details of the information we hold about you.
16.9 CHANGES TO OUR PRIVACY POLICY
16.9.1 Any changes to our privacy policy in the future will be posted to the site and, where appropriate, through e-mail notification.
16.10 CONTACT
16.10.1 All comments, queries and requests relating to our use of your information are welcomed and should be addressed to include full name, postal and e-mail address and telephone number, as well as the name of a contact person.