e-Store purchase terms (‘Purchase Terms’)
Please read these Purchase Terms carefully as they affect your rights and liabilities and set out how we make the products and services listed on our e-store (‘Knowledge Services’) available to you.
These Purchase Terms will apply to any contract between us for the sale of Knowledge Services to you (‘Contract’). If you refuse to accept these Purchase Terms, you will not be able to order any Knowledge Services from our website.
We amend these Purchase Terms from time to time and any changes will be posted to this page. Every time you wish to order Knowledge Services, please check these Purchase Terms to ensure you understand the terms which will apply at that time.
These Purchase Terms and any Contract between us, are only in the English language.
1. CONSUMERS and BUSINESS CUSTOMERS
Specific clauses in these Purchase Terms will apply to you only if the purchases are made as a result of a ‘consumer sale’, as that term is defined by Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. We have marked those clauses as ‘If you are a consumer’. If you are not making any purchase as a result of a consumer sale then such clauses shall not apply to you and instead, the clause marked ‘If you are a business customer’ shall apply.
2. PRODUCTS and SERVICES
2.1 Selected Knowledge Services, such as information and software, may be available by electronic download (‘e-Products’) or in hard copy as printed text, as applicable (‘Hard Copies’).
2.2 The e-Products are available and accessible via our website only and shall be provided to you for the period of your subscription to the Knowledge Service.
3. ORDER PROCESS
3.1 Our order process allows you to check and amend any errors so please take the time to read and check your order before you submit your order.
3.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order (‘Order Confirmation’). The Contract between us will only be formed when we send you the Order Confirmation.
3.4 We will send you a separate email confirming dispatch of Hard Copy items.
3.5 If we are unable to supply you with a particular item, for example because an item is not in stock, no longer available or because of an error in the price or availability on our website, we will e-mail you and will not process your order. If you have already paid for the relevant Knowledge Service, we will refund you the full amount of the item we are unable to supply including any delivery costs charged as soon as possible.
4. PRICES and PAYMENT
4.1 The prices for the Knowledge Services will be as quoted on the website at the time you submit your order. We take all reasonable care to ensure that the prices are correct at the time the information was entered into our system but there may be an error and which will be dealt with under clause 4.5.
4.2 All prices are inclusive of VAT at the applicable current rate chargeable in the UK for the time being.
4.3 Prices do not include delivery charges or customs and excise, import or other duties payable. Our delivery charges are as advised to you during the check-out process, before you submit your order. If you are ordering from outside the UK, please contact your local customs office for further information before placing your order.
4.4 Prices may change from time to time, but changes will not affect any Contract already in place.
4.5 Our website contains a large number of Knowledge Services. It is always possible that, despite our reasonable efforts, some of the Knowledge Services on our website may be incorrectly priced. If we discover an error in the price of the Knowledge Services you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
4.6 Payment for the Knowledge Services and all applicable delivery charges is in Pounds Sterling (£) in advance, via Worldpay.
4.7 We may provide you with the option to select an alternative currency for payment during the check-out process. You acknowledge that any exchange rate applied by the institution providing your chosen method of payment is outside our control.
5.1 If for any reason beyond our reasonable control, we are unable to supply a particular Information Service, we will not be liable to you.
5.2 We reserve the right to cancel or vary (including but not limited to the content, date or venue) any training course or discussion/visit with one of our engineers.
6.1 Delivery of Hard Copies will be made by a third party courier service. We cannot give any guarantee as to the time for delivery of such items.
6.2 You shall be responsible for the Knowledge Services upon delivery. Delivery of Hard Copies will be completed when we deliver to the delivery address specified by you. Delivery of e-Products will be completed when these are made available for download by you. Delivery of training or a discussion/visit with one of our engineers shall be delivered at the venue and time specified in the Order Confirmation, or as amended under clause 5.2.
7. INTELLECTUAL PROPERTY
7.1 We and the members of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006 (‘Associated Companies’) retain the ownership, title and interest in the intellectual property rights contained in the Knowledge Services, including e-Products and training materials.
7.2 You are entitled to view, copy, print, access, download and transmit (for the purposes expressly permitted in these Purchase Terms) and store the e-Products and training materials, provided that you do not:
7.2.1 remove any notices relating to the ownership of copyright or other intellectual property rights in the e-Products or training material; or
7.2.2 modify, translate, reverse engineer, reproduce, decompile, disassemble (except as expressly permitted by law) or create derivative works of any of the e-Products or training material; or
7.2.3 rent, lease, sub-licence, loan, commercialise, copy or give or transfer any rights in the e-Products or services in any form, to any person or entity without the prior written consent of Ricardo.
7.3 Any product, process or technology referred to in the Knowledge Services may be subject to other intellectual property rights of Ricardo and our Associated Companies and are not made available hereunder.
7.4 Nothing in these Purchase Terms shall grant to you any licence, title or right to use the intellectual property rights in the Hard Copies.
8.1 We warrant to you that we or one of our Associated Companies is the owner of all legal rights in the Knowledge Services or has been granted a right to use any third party rights that exist in the Knowledge Services.
9. CANCELLATIONS AND REFUNDS
At Ricardo we are focused on delivering excellence through technology and innovation and this ethic is put into the quality of the products and services we deliver to our customers.
9.1 Occasionally though, we know you may want to cancel or return products and by law you have the right to cancel the purchase of most items within 14 days without giving any reason.
9.2 You also have statutory rights where goods are not as described, not fit for purpose or not of satisfactory quality.
9.3 You have the statutory right to cancel your order for any reason within 14 days of receiving the product.
- The right of cancellation does not apply to:
- the supply of goods made to your specifications or clearly personalized;
- a service if Ricardo has fully performed it and you accepted when you placed your order that we could start to deliver it, and that you could not cancel it once delivery had started;
- the supply of digital content (including apps, digital software, ebooks, MP3, etc) which is not supplied on a tangible medium (e.g. on a CD or DVD) if you accepted when you placed your order that we could start to deliver it, and that you could not cancel it once delivery had started. we are unable to refund any payment for e-Products which have been downloaded.
9.5 Your statutory rights mean that you will be refunded the cost of sending the item back to us if it is cancelled (based on the cheapest method to send). You must return each item in the same condition in which you received it. This means that items must be returned new, unused and complete. We reserve the right to refuse returns or to charge you our fees and expenses if the product isn't received in new, unopened condition.
9.6 Once you have received the Order Confirmation for a training course, you are not entitled to cancel the booking. Delegates may be substituted free of charge, provided that you notify us at [email protected] before the start of the course. We may, in our absolute discretion, agree to issue you with a credit note for any training course you no longer require provided that you contact us at least 21 day before the start of the course and any issued credit note will only be valid for 12 months as against e-Store purchases.
You have additional rights in relation to incorrect, damaged or defective goods. For more information about these statutory rights, please visit Adviceguide, a Citizens Advice website at: http://www.adviceguide.org.uk/. This link is provided to help you find out the rights they have where goods are not as described, not fit for purpose or not of satisfactory quality.
Data privacy for returned products
9.7 You must entirely delete, remove and eliminate all personal data pertaining to you and/or any third party included on the item. You will be fully responsible for any data breach that may occur if you fail to do so.
9.8 You must remove from the returned product and from the box containing the returned product any item not pertaining to the returned product as originally received. Ricardo will not be responsible for any such items erroneously left by you within the returned product or within the box containing the returned product. You agree and accept that the returned product will become Ricardo’s property.
10. OUR LIABILITY
10.1 Nothing in these Purchase Terms limits or excludes our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) defective products under the Consumer Protection Act 1987; or
(e) if you are a consumer, any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples).
10.2 If you are a consumer:
10.2.1 If we fail to comply with these Purchase Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Purchase Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract.
10.2.2 We only supply the Knowledge Services for domestic and private use. You agree not to use the Knowledge Services for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
10.3 If you are a business customer:
10.3.1 Subject to Clause 10.1, we will under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
10.3.2 Subject to Clause 10.1, our liability to you in connection with any Contract will not exceed the total price charged for the relevant Knowledge Service.
10.3.3 Except as expressly stated in these Purchase Term, we do not give any representation, warranties or undertakings in relation to the Knowledge Services. Any representation, condition or warranty which might be implied or incorporated into these Purchase Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Knowledge Services are suitable for your purposes.
11.1 These Purchase Terms shall be governed by and construed in accordance with the laws of England and any disputes will be decided only by the English courts.
11.2 If any of these Purchase Terms is held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Purchase Terms which will continue to be valid and enforceable to the fullest extent permitted by law.
11.4 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control:
11.4.1 An Event Outside Our Control means: any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
11.4.2 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract: (a) we will contact you as soon as reasonably possible to notify you; and (b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Knowledge Services to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
11.4.3 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us at [email protected]. If you opt to cancel, you will must return any Hard Copies to us in their original packaging and e-Products must be permanently deleted from your hardware and any storage device. We will refund the price you have paid, including any delivery charges.
11.5 No failure or delay by Ricardo in exercising any of its rights under these Purchase Terms shall be deemed to be a waiver of that right and no waiver by Ricardo by any breach of these Purchase Terms shall be considered as a waiver of any subsequent breach of the same or any other provision.
11.6 Except for Associated Companies, a person who is not a party to these Purchase Terms shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these Purchase Terms but this shall not affect any right or remedy of a third party which exists or is available apart from that Act.
12 RICARDO INFORMATION
12.1 If you have an order query, please e-mail us at [email protected]
12.2 Our website is owned and operated by Ricardo UK Limited a company registered in England and Wales (company number 02815682) whose registered office is at Shoreham Technical Centre, Shoreham-by-Sea, West Sussex, BN43 5FG, England. Our VAT number is 212 8365 24.