Online shopping and payments terms and conditions
These terms and conditions and the Distant Selling Regulations apply to all purchases of goods and/or services from the Institute of Professional Willwriters or the Institute of Scottish Professional Willwriters (the ‘Institute’).
1.1 In addition to the website’s terms and conditions which govern your use of this website, when you purchase goods and/or services from the Institute you agree to be bound by these online terms and conditions. Where there is inconsistency between the website’s terms and conditions and the online terms and conditions, the online terms and conditions will prevail.
1.2 The online terms and conditions do not affect your statutory rights as a consumer.
1.3 The Institute may vary the online terms and conditions at any time. Your continued use of the website following any variation to the online terms and conditions shall be deemed to be acceptance of any variation.
2 Service availability
2.1 The Institutes website is for use by United Kingdom and overseas residents. However, goods and/or services will only be supplied to members of the Institute.
2.2 Goods and/or services ordered from the Institutes website for use outside the United Kingdom may be subject to import duties and taxes or handling charges which are levied when the delivery reaches the country of destination. The Institute does not have any control over these charges and cannot predict their amount. Payment of any such charges, taxes or import duties will be your responsibility and you must comply with the applicable laws and regulations held within the destination country. Please check with your local customs office for further information prior to placing your order.
3 The contract
3.1 Your order constitutes an offer to the Institute to buy goods and/or services. All orders are subject to acceptance by the Institute and such acceptance will be by way of email confirming payment has been received for the goods and/or services (the purchase confirmation). The contract between you and the Institute will only be formed when you are sent the purchase confirmation.
3.2 The contract will relate only to those goods and/or services which have been confirmed in the purchase confirmation.
4.1 If you are not already a member of the Institute, you will be asked to complete a membership application before you can purchase goods and/or services from the Institute.
4.2 You warrant that in using the Institute’s website and completing any online registration you will not impersonate any other person, use a false name or, without proper authority act for any other person or organisation.
5.1 The Institute reserves the right to take legal action against committing or attempting to commit online fraud.
6 Price and payment
6.1 Prices and any additional related charges (where applicable) are as published on the Institute’s website for the relevant goods and/or services on the date of your order.
6.2 Value Added Tax (VAT) is not applicable to goods and/or services provided by the Institute to its members.
6.3 Despite its best efforts there may be occasions where goods and/or services may be priced incorrectly by the Institute. Prices are normally verified as part of the Institute’s order confirmation procedures. If goods and/or services are less than the stated price you will be charged at the lower rate. If the price for the goods and/or services is higher than the stated price there will be a discretionary decision to
(a) fulfil the order at the price it was purchased advising you of the price difference;
(b) contact you to advise you that there is a higher cost to pay
(c) reject your order and notify you of the details.
6.4 The Institute does not have an obligation to provide goods and/or services at an incorrect price but reasonable discretion will be used to resolve such matters.
6.5 Payment for goods and/or services is accepted through major credit and/or debit cards excluding American Express, Diners, JCB and other corporate business cards. Your card will be charged directly after your order has been placed but the time taken to process the payment through your account will be dependant on your card supplier.
6.6 The Institute accepts no liability if a payment is refused or declined by the credit or debit card supplier for any reason.
6.7 The Institute accepts no liability for any loss or damage, arising directly or indirectly, as a result of a payment being refused or declined.
6.8 If you are purchasing from outside the United Kingdom you will be charged in your own currency and the banks will perform the currency conversion into pounds sterling.
6.9 Confirmation of your payment will be displayed on screen once it has been authorised and accepted. You will also receive confirmation of the transaction to the email address you have provided.
7.1 Your order will be fulfilled within 28 days of the date of purchase unless it is specified otherwise against individual goods and/or services.
8 Refunds and cancellations
8.1 Where you are entitled to a refund it will be made to the credit or debit card used to pay for the order within 30 days of the date the refund was requested.
8.2 If for any reason the Institute is unable to supply the goods and/or services you have ordered any charges incurred will be refunded.
8.3 If the goods and/or services are not what you originally ordered or are defective, please return them to the institute of Professional Willwriters, Trinity Point, New Road, Halesowen B63 3HY with a covering letter. The goods and/or services will either be replaced or a refund of the full amount will be given including the cost of postage and packing incurred in returning the goods and/or services.
8.4 You have the right to cancel the contract and return goods and/or services up to seven days following delivery unless the purchase is in relation to a services which has already been provided to the purchaser. The Institute will refund the cost of the goods and/or services returned but it is not obliged to refund the cost of postage and packing. Any refund will be made within 28 days of receipt of the goods and/or services provided that the goods and/or services are in the same conditions as they were at the time of purchase.
8.5 You do not have the right to cancel the contract once the performance of any services has commenced with your agreement prior to the end of the cancellation period.
9 Data protection policy.
9.1 The Institute does not hold customer credit or debit card details on its website or any of its data systems. All credit or debit card details are managed by the Institute’s payment service provider Worldpay who is compliant with the payment industry’s standards for data protection and transaction security.
9.2 Any personal data collated through the Institute’s website will only be used to process and fulfil your order and purchase and for statistical analysis to continually improve the website and business process performance. Personal data will be processed in compliance with the principles of the Data Protection Act 1998.
9.3 Data may be shared with the police, the government or any other legal authority investigating suspected legal activities if there is an official request.
10.1 As a customer you agree to indemnify the Institute against all claims, damages and expenses arising out of any breach of these online terms and conditions and other liabilities arising out of your use of the Institute’s website.
11 The entire agreement
11.1 These online terms and conditions and any document expressly referred to in them, represent the entire agreement between you and the Institute in relation to the subject matter of any contract. These online terms and conditions supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
12 Limitation of liability
12.1 The Institute will not be liable in contract, tort, or pre-contract representations (excluding fraudulent or negligent misrepresentations) or otherwise, for any economic losses, loss of goodwill or reputation, or special indirect losses incurred by you or any third party arising out of or in connection with these online terms and conditions.
12.2 These online terms and conditions do not exclude or limit the Institute’s liability for death or personal injury arising through its negligence.
12.3 The Institute will not be held responsible for any delay or failure to comply with its obligations under these online terms and conditions if the delay or failure arises from any cause which is beyond its reasonable control.
13.1 These online terms and conditions shall be governed by and construed in accordance with the laws of England and Wales and Scotland and any disputes will be decided by the Courts of England and Wales unless the purchaser lives or trades in Scotland in which case any disputes will be decided by the Courts of Scotland.
14 Complaints and disputes
14.1 If there is an occasion where an issue has not been resolved to your satisfaction you may wish to contact the Institute regarding your complaint.
14.2 Complaints will be dealt with in adherence to the Institute’s Constitution.
15 Contact details
Address: Trinity Point, New Road, Halesowen, West Midlands B63 3HY
Opening hours: Monday to Friday 9.00-5.30pm
Telephone: 0345 257 2570.