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1. Validity and Acceptance
of Orders.
1.1 These Terms and Conditions (T&Cs) govern the sale and supply of
products (the Products) purchased by you (the Purchaser) from Laing &
Buisson Limited (L&B) through the on-line shopping facility known
as the "Store" (the Store) situated on the L&B web site
(the Site). All contracts for the sale of Products made between the Purchaser
and L&B shall be deemed to incorporate these T&Cs and the placing
of an order for Product(s) by you with L&B shall be deemed to signify
that you have read and agree to be bound by the T&Cs.
1.2 L&B may amend and/or vary the T&Cs
from time to time. You will be notified of any amendments by a notice
on the Site.
2. L&B's Contract With You
2.1 Neither the Site, the Store nor the list of Products available from
the Site (the List) constitute a unilateral offer capable of acceptance
by you, but are an invitation to visitors to the Site to make an offer
for Products from the List by completing and submitting the order form
(the Order Form) provided on the Site for the purpose of ordering Products
from the Store.
2.2 L&B is free to choose at its sole
discretion not to supply Products to any person below the age of 18 or
to persons resident in countries outside of the European union.
2.3 All orders are accepted subject to the
availability of the Products. The fact that a particular item appears
on the List from time to time does not guarantee that the item is in stock,
and available for sale, and L&B shall not be bound to accept any offer
for any Products that are temporarily out of stock.
2.4 No contract for the sale of any Products
shall exist between you and L&B until you have made an offer for Products
by completing and submitting to us an Order Form and L&B has sent
you an e-mail (the Acceptance) confirming receipt and acceptance of your
Order Form, which Acceptance shall be deemed to be have been communicated
to you, and the contract of sale shall come into force, when the Acceptance
can be accessed by you from your personal computer, system, network or
server (as the case may be), regardless of whether or not you actually
do so.
2.5 L&B is entitled to withdraw from
any contract of sale in the case of obvious errors or inaccuracies regarding
the Products or the order appearing on the Site.
2.6 Conferences.
2.6.1 A reservation for a future event is a contract for a Product.
2.6.2 Substitution of delegates is acceptable
at any time and notification of substitution should be faxed (020 7841 0048)
or emailed to conferences@laingbuisson.co.uk
2.6.3 Cancellations must
be made in writing and will be accepted up to sixteen days prior to the
conference date. Written, faxed or emailed notices of cancellation received
on or before that date will be subject to an administration fee as indicated
on the conference brochure and the balance of fees paid will be refunded.
No refunds can be made on cancellations after this date.
2.6.4 In the event of cancellation of the conference by L&B,
L&B's liability will be restricted to the refund of fees paid and L&B
reserves the right not to offer refunds for cancellations arising from events
outside its control. 2.6.5 L&B reserves the right to make changes to
the programme, speakers or venue should this become necessary.
2.6.6 Purchasers of conference meetings
in electronic format are not permitted to:-
- save the Electronic Conference Recordings
to the hard disk of a personal computer;
- include information from the Electronic
Conference Recordings in presentations and internal documents, provided
the material acknowledges the copyright owner (Laing & Buisson);
- cite the Electronic Product in a published
work, provided the citation acknowledges the copyright owner (Laing
& Buisson).
2.7 CareSearch, StarTracker
& Data Products
2.7.1 Orders are subject to the completion of a separate licence agreement covering the conditions of use of Products, which will be sent to the Purchaser for signature on receipt of the order.
2.7.2 The annual subscription to CareSearch covers three issues of CareSearch that are released at approximately four-monthly intervals and this includes the issue supplied after receipt of an order. These releases however may not coincide with the date of an order and subscribers may therefore receive
four issues, but may not use the final issue beyond the expiry date of their subscription
2.7.3 The annual subscription to StarTracker covers six releases including the issue supplied after receipt of an order. If Laing & Buisson is unable to supply six issues of StarTracker in the year as a result of any cause beyond its control (see 7 Force Majeure below), then subscribers will be reimbursed pro-rata to the number of issues not received.
2.7.4 Data sets and mailing lists are supplied on a 12 months licence from the date of supply and cannot be used after that period, unless otherwise agreed by Laing & Buisson.
2.7.5 The Purchaser acknowledges that the copyright of the Products is and will continue to be the property of Laing & Buisson. No transfer of copyright is effected in favour of the Purchaser by virtue of any order.
2.7.6 The Purchaser shall not publish any part of the product on the worldwide web or any other electronic publishing system. The Purchaser is not permitted to include material from any Products in any published work without clearly crediting Laing & Buisson as the copyright owner.
2.7.7 The Purchaser shall not sell or supply the product on any terms whatsoever, whether in whole or in part, or other information derived wholly or in part from the product, on any media, to any person outside of the business ie. to a third party, without permission. Products contain control addresses to monitor usage.
2.7.8 The Purchaser acknowledges that Laing & Buisson has taken all reasonable measures to ensure the accuracy of data and cannot accept responsibility or liability for errors or omissions from the data or for any consequences arising there from. In no circumstances whatsoever shall Laing & Buisson accept liability for consequential loss or damage resulting from the use of the product.
2.7.9 The product will normally be supplied within three working days of receipt of the order or signed licence agreement as applicable. Orders cannot be cancelled after despatch of the product. Orders cancelled prior to despatch will incur a £60 (plus VAT) cancellation charge.
2.7.10 Laing & Buisson undertakes to supply the product in the format or version specified and makes no guarantee as to the compatibility of the product with any computer hardware or software. The responsibility to ensure the compatibility of the product with the Purchaser's computer system and subsequent suitability for its purpose, rests with the Purchaser alone.
2.8 Market
Reports
2.8.1 The Purchaser acknowledges that the copyright of the Product is
the property of L &B.
2.8.2 All rights are reserved by L&B.
No part of any Product may be reproduced, stored in a retrieval system
or transmitted in any form or by any means without the prior written consent
of the L&B.
2.8.3 Neither L&B, nor any of its agents,
representatives or employees accept any liability for any loss or damage,
including any loss of profits, lost savings or other incidental or consequential
loss, occasioned to any person no matter howsoever caused or arising as
a result of or in consequence of action taken or refrained from in reliance
on the contents of the Product.
2.8.4 No cancellation of any order will
be accepted after despatch of the product.
2.8.5 Electronic copies of the contents
of a Product (Electronic Market Report) are provided by L&B to the
Purchaser on a non-exclusive non-transferable licence. The Purchaser of
a licence to use an Electronic Market Report agrees to the terms of this
licence set out in 2.8.6 and 2.8.7, below. The Purchaser may give access
to an Electronic Market Report to Authorised Users only. 'Authorised User'
means either: a) the Purchaser and up to two work colleagues at the same
site; or b) a person who has been given access to the Publication under
a multi-user subscription taken out with L&B.
2.8.6 Authorised Users are permitted to make personal use of the Electronic
Market Report, including to:
- save the Electronic
Market Report to the hard disk of a personal computer;
- make one print
out of the complete Electronic Market Report for personal use only;
- print out
a reasonable number of individual pages from the Electronic Market Report
for personal use and for departmental use;
- include information from the Electronic
Market Report in presentations and internal documents, provided the
material acknowledges the copyright owner (Laing & Buisson); and
- cite the Electronic Market Report in
a published work, provided the citation acknowledges the copyright owner
(Laing & Buisson).
2.8.7 Authorised Users are not permitted to:
- email or otherwise
transfer or pass on electronically the Electronic Market Report to another
person who is not authorised to use it;
- store the Electronic Market Report on
a hard disk of a computer which can be accessed by any person not authorised
to use it;
- copy the Electronic Market Report to
a compact disc, DVD, floppy disk or other removable storage medium,
other than for temporary personal use (e.g. transferring it from a PC
to laptop);
- Publish the Electronic Market Report
or sections of the Electronic Product on a company Intranet, the world
wide web or any other electronic publishing system;
- Modify or re-work the Electronic Market
Report in any way;
- Distribute, lease, rent, sub-license,
charge for or sell the Electronic Market Report; and
- Print out more that one complete copy
of the Electronic Market Report or copy the complete print out.
2.9 Subscription Newsletters
2.9.1 The Purchaser acknowledges
that the copyright of the Product is the property of L&B.
2.9.2 All rights are reserved by L&B.
No part of any Product may be reproduced, stored in a retrieval system
or transmitted in any form or by any means without the prior written consent
of the L&B.
2.9.3 Neither L&B, nor any of its agents,
representatives or employees accept any liability for any loss or damage,
including any loss of profits, lost savings or other incidental or consequential
loss, occasioned to any person no matter howsoever caused or arising as
a result of or in consequence of action taken or refrained from in reliance
on the contents of the Product.
2.9.4 Annual subscriptions cover 10 issues,
commencing from the next issue to be published after receipt of order.
2.9.5 Cancellation of subscriptions will be accepted subject to an administration
fee of £60 + VAT and a refund will be made pro rata with the number
of months of the subscription left to run.
2.9.6 Electronic copies of the contents
of a newsletter Product (Electronic Newsletter) are provided by L&B
to the Purchaser on a non-exclusive non-transferable licence. The Purchaser
agrees to the terms of this licence as set out in 2.9.7 and 2.9.8, below.
2.9.7 The Purchaser alone is permitted to make personal use of the Electronic
Newsletter, including to:
- save the Electronic
Newsletter to the hard disk of a personal computer;
- make one print out of each complete
issue of the Electronic Newsletter for personal use only;
- include information from the Electronic
Newsletter in presentations and internal documents, provided the material
acknowledges the copyright owner (Laing & Buisson); and
- cite the Electronic Product in a published
work, provided the citation acknowledges the copyright owner (Laing
& Buisson).
2.9.8 The Purchaser is not permitted to:
- email or otherwise
transfer or pass on electronically the Electronic Newsletter to another
person who is not authorised to use it;
- store the Electronic Newsletter on a
hard disk of a computer which can be accessed by any person not authorised
to use it;
- copy the Electronic Newsletter to a
compact disc, DVD, floppy disk or other removable storage medium, other
than for temporary personal use (e.g. transferring it from a PC to laptop);
- Publish the Electronic Newsletter or
sections of the Electronic Newsletter on a company Intranet, the world
wide web or any other electronic publishing system;
- Modify or re-work the Electronic Newsletter
in any way;
- Distribute, lease, rent, sub-license,
charge for or sell the Electronic Newsletter; and
- Print out more that one complete copy
of the Electronic Newsletter or copy the complete print out.
3. Pricing and Availability
3.1 The prices of the Products are those
specified on the List at the time of ordering. Each price, as displayed,
is [exclusive] of VAT (where applicable and at the standard UK rate of
17.5%). Goods delivered to certain countries may be subject to local import
charges and taxes for which the Purchaser accepts responsibility.
3.2 There will be an additional charge for
delivery of Products outside the UK, the amount of which may vary according
to the delivery method that you choose and which shall be notified to
you at the time of placing your order.
3.3 In the unlikely event that the Goods
are unavailable, L&B shall send you a notification by e-mail. Price
and availability information on the Site is subject to change without
notice.
3.4 Save as referred to in Clauses 3.1 and
3.2, there is no charge for using the Store to order Goods.
4. Delivery of Products
4.1 L&B shall deliver hard copy Products
ordered by you to the delivery address which you specify on the Order
Form.
4.2 L&B shall deliver Electronic Products
ordered by you to the email address which you specify on the Order Form.
4.3 All delivery times quoted on the Site
are estimates only based on availability, normal processing and delivery
time. Subject to availability of the Products, L&B shall use its best
endeavors to deliver hard copy Products to you as soon as reasonable practicable
and in any event within the period of 2-4 days beginning on the day after
the day you sent your Order Form to us.
4.4 Electronic Products will be emailed
to your email address immediately on completion of your order.
4.5 You shall be bound to accept the Goods
when the Acceptance is communicated to you in accordance with Clause 2.4
and delivery shall be deemed to take place when the Products are delivered
to you at the nominated address or to a carrier as the case may be, whereupon
the risk of loss, breakage or any other damage whatsoever shall pass to
you, or, if you wrongfully fail to take delivery of the Product, at the
time when L&B has tendered delivery of the Product.
5. Cancellations, Refunds and Complaints
5.1 L&B Products contain high value information and once
dispatched are not returnable or refundable, except as provided for in
Clauses 2.6.3, 2.7.5 and 2.9.5. This does not affect your statutory rights.
5.2 Exceptionally, refunds, cancellations
or substitutions made at the discretion of Laing & Buisson.
5.4 Complaints relating to any Products
may be emailed to orders@laingbuisson.co.uk or mailed to Laing & Buisson
at 29 Angel Gate, 326 City Road, London, EC1V 2PT marked for the attention
of "Customer Services".
6. Payment Terms
The Site can accept those credit and debit cards which are displayed.
Credit cards are debited before any Goods are despatched to you by L&B.
7. Force Majeure
In the event that L&B is prevented from carrying out its obligations
under a contract for sale of Goods as a result of any cause beyond its
control such as but not limited to Acts of God, War, Strikes, Lock-outs,
Flood and Failure of third parties to deliver goods, L&B shall be
relieved of its obligations and liabilities under such contract for sale
for as long as such fulfilment is prevented.
8. Claims
8.1 No liability for any
claim for damage to, defects in, or non-functionality of, any Products
shall be accepted unless you notify L&B by email or in writing within
a reasonable period of delivery; 48 hours should normally be this period.
This period may be extended at the sole discretion of L&B.
8.2 No liability for any claim for missing
items such as inserts, book sleeves, CD covers, etc shall be accepted
unless you notify L&B in writing within a reasonable period, normally
48 hours of delivery.
8.3 No liability for any claim will be accepted
in the case of Goods differing in quantity or descriptions from the particulars
given on the delivery note unless you notify L&B in writing normally
within 48 hours of delivery and the onus is on you to prove any shortage.
9. Limitation of Liability
9.1 The extent of L&B's liability to you for any default or breach
whatsoever and howsoever arising shall in no case exceed the value of
the Products ordered by you and L&B shall in no circumstances whatsoever
be liable to you in respect of any loss or damage whether suffered by
you or any customer of you and whether direct, indirect, consequential
or howsoever else arising.
10. Statutory Rights
10.1 Your statutory rights are unaffected by L&B terms and conditions
of sale.
11. Consumer Protection
11.1 The identity of the supplier for the purposes of the Consumer Protection
(Distance Selling) Regulations 2000 is Laing & Buisson Limited registered
in England under number 2088064 and whose registered office is at 29 Angel
Gate, 326 City Road, London, EC1V 2PT.
12. Jurisdiction
12.1 These Terms shall be governed by, and construed in accordance with,
English law. The parties irrevocably agree that the courts of England
shall have exclusive jurisdiction to settle any dispute which may arise
out of, under, or in connection with these Terms or the legal relationship
established by them, and for those purposes irrevocably submit all disputes
to the jurisdiction of the English courts.
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