TERMS AND CONDITIONS Please Read This Document
1. Validity and Acceptance of Orders.
1.1 These Terms and Conditions (T&Cs) govern the sale and supply of products and services (the Products) purchased by you (the Purchaser) from Laing & Buisson Limited (L&B) by mail, email, telephone or 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, or if you have misrepresented your entitlement to any special offer (for example booking a conference place, taking out a newsletter subscription or purchasing any product at a special public sector price if you are not a public sector employee).
2.6.1 These Terms and Conditions apply to conferences organised by L&B.
2.6.2 A delegate, exhibitor or sponsor reservation for a future conference or event is a contract.
2.6.3 Substitution of delegates is acceptable at any time and notification of substitution should be faxed (020 7841 0048) or emailed to firstname.lastname@example.org
2.6.4 Delegate cancellations must be confirmed by mail, email or fax and will be accepted up to the date specified in the conference brochure. 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.
2.6.5 Exhibitor cancellations must be confirmed by mail, email or fax and will be accepted up to one calendar month before the date of the event. Written, faxed or emailed notices of cancellation received on or before that date will be subject to an administration fee as indicated on the order form and the balance of fees paid will be refunded. No refunds can be made on cancellations after this date.
2.6.6 Sponsor contracts may not be cancelled, other than by agreement in writing with L&B.
2.6.7 L&B reserves the right to make changes to the programme, speakers or venue should this become necessary.
2.6.8 In the event of cancellation of the conference by L&B, liability will be restricted to the refund of fees paid and will not extend to indirect or consequential losses.
2.6.9 L&B reserves the right to make changes to the programme, speakers or venue.
2.6.10 Purchasers of conference proceedings in electronic format are permitted to:
- Save the Publication to the hard disk of a personal computer.
- Print out proceedings for personal use.
- Cite information from the proceedings in presentations and internal documents provided the material credits the copyright owner (L&B).
2.6.11 Purchasers of conference proceedings in electronic format are not permitted to:
- Email or otherwise transfer electronically the proceedings to another person who is not authorised to use it.
- Store the proceedings on a hard disk of a computer which can be accessed by anyone not authorised to use it.
- Copy the proceedings to a compact disc, DVD, floppy disk or other removable storage medium, other than for temporary personal use (eg transferring it from a PC to laptop).
- Publish the proceedings or sections of the proceedings on a company Intranet, the world wide web or any other electronic publishing system.
- Modify or re-work the proceedings in any way in order to distribute, lease, rent, sub-license, charge or sell them.
2.6.12 L&B reserves the right not to offer refunds if events outside its control, including disruption of transport, non-availability of the venue and acts of terrorism, prevent the conference from taking place or prevent delegates and/or speakers from attending on the conference date.
2.6.13 Should such events prevent the conference from taking place on the original conference date, then L&B will use their best endeavours to re-arrange substantially the same programme at a convenient later date and delegate, exhibitor and sponsor contracts will remain in force as if the conference or event had taken place on the original date.
2.7 CareSearch & 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 Except in so far as required to do so under Freedom of Information legislation, 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.
2.10.1 For terms and conditions of Laing & Buisson (Consultancy) Ltd, see www.laingbuissonconsulting.co.uk/terms_conditions.asp
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). 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 A delivery charge of £30 per report will apply to reports delivered outside the United Kingdom.
4.3 L&B shall deliver Electronic Products ordered by you to the email address which you specify on the Order Form.
4.4 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.
4.5 Electronic Products will be emailed to your email address immediately on completion of your order.
4.6 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 email@example.com 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 Services or 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.
8.1 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 Services or 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.
12.1 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.