Terms & Conditions of Supply

Terms & Conditions of Supply

Bespoke Training Solutions – Terms and Conditions of Supply

Introduction

https://www.bespoketrainingsolutions.com and https://online.bespoketrainingsolutions.com (“site”) is owned and operated by Bespoke Training Solutions Ltd, registered in England and Wales under company number 5064692 at the registered address The Mews, Little Brunswick Street, Huddersfield, HD1 5JL. VAT Registration Number: 845 0377 25

Please read these terms and conditions carefully before placing an order for products or services on this site. By placing an order, you agree to be bound by these terms and conditions.

Definitions

“Buyer” means the individual who buys or agrees to buy the Goods and/or Services from the Supplier;

“Consumer” shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;

“Contract” means the contract between the Supplier and the Buyer for the sale and purchase of Goods and/or Services incorporating these Terms and Conditions;

“Goods” means the articles that the Buyer agrees to buy from the Supplier;

‘Intellectual Property Rights’ means patents, rights to inventions, copyright and moral rights, trademarks and service marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

“Services” means the services that the Buyer agrees to buy from the Supplier;

“Supplier” means Bespoke Training Solutions Ltd, The Mews, Little Brunswick Street, Huddersfield, HD1 5JL that owns and operates https://www.bespoketrainingsolutions.com and https://online.bespoketrainingsolutions.com.

“Terms and Conditions” means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Supplier;

“Website” and “Site” means https://www.bespoketrainingsolutions.com and https://online.bespoketrainingsolutions.com.

Conditions

    • Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
    • These Terms and Conditions shall apply to all contracts for the sale of Goods and/or Services by the Supplier to the Buyer and shall prevail over any other documentation or communication from the Buyer.
    • Access to the Website is provided “as is” and on an “as available” basis.  We may alter, suspend or discontinue the Website (or any part of it) at any time and without notice.  We will not be liable to you in any way if the Website (or any part of it) is unavailable at any time and for any period.
    • Use of the Website is subject to our Website Terms of Use.  Please ensure that you have read them carefully and that you understand them.
    • Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Supplier.
    • Any complaints should be addressed to the Supplier’s email address.

Privacy policy

Registration and other information provided by you is subject to our Privacy Policy and shall only be used in accordance with it. For more information, please go to our Privacy Policy:
https://www.bespoketrainingsolutions.com/privacy-policy/

Entire agreement

These Terms and the Privacy Policy constitute the entire agreement between you and us and supersedes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.

Representations

    • You acknowledge and agree that by entering into this Contract with us you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or the Privacy Policy.
    • You shall not have any claim for innocent or negligent misrepresentation against us based on any statement in this Contract.
    • Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these 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 Products are suitable for your purposes.

Product images

Images of products on this site are for illustrative purposes only.

Intellectual property rights

All Intellectual Property Rights and goodwill in or relating to the contents of the Supplier’s Goods and/or Services is the copyright of the Supplier.

Use of goods and/or services

    • All Goods and/or Services are purchased solely for the personal use of a specific, named person in preparation for the specified exams. The Goods and/or Services are supplied to the original named person only and may not be transferred or made available to others.
    • The Buyer may not copy, summarise or reproduce any of the Goods and/or Services in any form.
    • The Buyer may not email, lend, hire or give any Goods and/or Services to individuals other than the original named person or companies for either commercial or non-commercial use.
    • The Buyer may not sell the Goods and/or Services to individuals or companies for either commercial or non-commercial use.
    • Where goods and/or services are accessed using an account on the BTS website or app, the account is for the sole use of the specific, named individual and must not be made available to others. The account holder undertakes to safeguard the username and password on the account for their sole personal use.
    • Users of the site may not email, lend, hire or give any account access to individuals other than the original named person or companies for either commercial or non-commercial use.
    • Should any illegal use of any materials be discovered, legal actions may be instigated against the Buyer.

Liability

The Supplier shall perform the Services with reasonable skill and care. However, where applicable, the Supplier does not guarantee that the Services will be uninterrupted, secure or error-free or that any data generated, stored, transmitted or used via or in connection with the Services will be complete, accurate, secure, up to date, received or delivered correctly or at all. The Supplier may have to suspend the Services for repair, maintenance or improvement. If so, the Supplier will restore them as quickly as is reasonably possible.

Whilst the Supplier makes every effort to ensure that all information (written and verbal) provided is accurate and correct at the time, no liability for any claims in relation to loss of business or consequential damage incurred by you as a result of using or relying on the information will be accepted. The Supplier shall not accept responsibility for loss or damage, whether direct, indirect, incidental or consequential in connection with or arising from your use of or any information provided by or omitted by the Supplier.

The Goods and Services could include inaccuracies or typographical errors and is in no way intended to be an official representation of the Chartered Insurance Institute™ examinations. The Chartered Insurance Institute™ does not review or warrant the accuracy of any Goods or Services offered by the Supplier. The Supplier may make improvements and/or changes to Goods and Services at any time without notice.

The Supplier accepts no liability for failure in any exams. For the avoidance of any doubt, the Supplier does not offer any kind of exam pass guarantee.

Ordering

All orders for Goods and/or Services shall be deemed to be an offer by the Buyer to purchase Goods and/or Services pursuant to these Terms and Conditions and are subject to acceptance by the Supplier. The Supplier may choose not to accept an order for any reason.

When placing an order electronically via the Website, the technical steps the Buyer needs to take to complete the order process are given. By submitting an electronic order the Buyer is making an offer to purchase Goods and/or Services which, if accepted by the Supplier, will result in a legally binding contract.

In the unlikely event that the Supplier does not accept or cannot fulfil the Buyer’s order for any reason, the Supplier will explain why in writing.  No payment will be taken under normal circumstances.  If the Supplier has taken payment any such sums will be refunded to the Buyer as soon as possible and in any event within 14 days.

The Buyer has a legal right to a “cooling-off” period within which you can cancel the Contract for any reason.  This period begins once your order is complete, i.e. when the Contract between the Supplier and the Buyer is formed.  The Buyer may also cancel for any reason before the Supplier accepts the order.

In the case of physical Goods, the cooling-off period ends seven working days after the day on which the buyer receives the Goods.

If the Buyer wishes to exercise his or her right to cancel under this Clause 11, he or she must inform the Supplier of their decision within the cooling-off period.  Cancellation by email or by post is effective from the date on which the Buyer sends the message. The terms of cancellation and refund are detailed in Clause 16.

By placing an order, the Buyer agrees to receive our newsletter and other email communications. The Buyer can unsubscribe at any time.

Annual updates to materials

From 1st September each year, the CII will begin to examine the updated syllabi for the current tax year. Previous tax year materials will remain valid for all exams up to and including 31st August 2022. The updated materials for the new syllabus year will be added to the BTS shop throughout June/July. BTS would like to reassure candidates purchasing materials after 1st June that they will have the option to receive, upon request, access to the digital version of the updated materials for the new syllabus year, when they are published, without cost.

Purchasers of printed versions of materials will have the option to request access to the updated digital versions.

Access to the updated digital materials as part of this offer will be available on a time-limited basis (120-days), commencing the date of the original purchase. For example, a customer purchasing 21/22 exam year materials on 1st June 2022 would be eligible to request access to the updated 22/23 materials for a period up to the 29th September 2022.

This offer is to enable candidates wishing to make a start on their studies, for a September onwards exam sitting, the option to begin their study with the previous years’ materials whilst the updated syllabus versions are pending publication.

This offer is for access to the digital versions of annually updated materials only.

This offer excludes the R06 case study analysis e-Learning and AF fact find analysis e-Learning which are produced for specific exam sittings only.

To request the digital version of updated materials under this offer, customers should contact enquiries@bespoketrainingsolitions.com including full details of their original purchase in the email.

Price and payment

The price of the Goods and/or Services shall be that stipulated on the Website. The price is exclusive of VAT unless otherwise stated. If the VAT rate changes between the Buyer’s order being placed and the Supplier taking payment, the amount of VAT payable will be automatically adjusted when taking payment. Where applicable, the price excludes delivery charges.

The total purchase price, including VAT and delivery charges, if any, will be displayed in the Buyer’s shopping cart prior to confirming the order.

We make all reasonable efforts to ensure that all prices shown on the Website are correct at the time of going online.  We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary.  Changes in price will not affect any order that you have already placed (please note sub-Clause regarding VAT, however).

In the event that the price of Goods the Buyer has ordered changes between the Buyer’s order being placed and the Supplier processing that order and taking payment, the Buyer will be charged the price shown on the Website at the time of placing the order.

After the order is received the Supplier shall confirm by email the details, description and price for the Goods and/or Services.

Payment of the price including VAT and delivery charges, if applicable, must be made in full before dispatch of Goods or commencement of the Services or, if the Supplier agrees to credit terms, within the terms of the invoice.

Where applicable, if any payment is not paid on time or any payment is rejected or refused, the amount owing will be treated as overdue and the Supplier will be entitled immediately to cease or suspend the provision of any Service or further deliveries of Goods until payment has been received.

Where applicable, the Supplier shall be entitled to charge interest on overdue invoices from the date when payment becomes due from day to day until the date of payment at a rate of 8% per annum above the base rate of the Bank of England from time to time in force.

Rights of the supplier

The Supplier reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Supplier shall make every effort to ensure prices are correct at the point at which the Buyer places an order.

The Supplier reserves the right to withdraw any Goods and/or Services from the Website at any time.

The Supplier shall not be liable to anyone for withdrawing any Goods and/or Services from the Website or for refusing to process an order.

Delivery

The Supplier shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Supplier shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.

Delivery of digital Goods and/or Services shall be made electronically to the Buyer’s email address specified in the order.

Orders placed for physical Goods before 2pm Monday – Friday are processed and dispatched the same day. Delivery is by local courier and is usually within two working days of dispatch. Delivery times may vary depending on the destination address.

Risk in the Goods and/or Services shall pass to the Buyer upon delivery of the Goods and/or Services.

Cancellation and return

In accordance with The Consumer Protection (Distance Selling) Regulations 2000 you have a right of cancellation.

The Buyer may cancel a Contract for physical Goods up to seven working days after the day the Goods have been received. Goods must be returned by the Buyer at the Buyer’s expense within 28 days of cancellation in a resaleable condition, in the original packaging and should be adequately insured during the return journey. The Buyer will receive a refund of all monies paid for the Goods except for postal charges. If the Buyer fails to return the Goods following cancellation, the Supplier shall be entitled to deduct the cost of recovering the Goods from the Buyer.

Goods to be returned must clearly show the order number obtained from the Supplier on the package.

Requests to return physical Goods should be made to enquiries@bespoketrainingsolutions.com. A return address will be provided upon receipt of the request.

Where returned Goods are found to be damaged due to the Buyer’s fault the Buyer will be liable for the cost of remedying such damage.

The Buyer shall inspect the Goods immediately upon receipt and shall notify the Supplier by email at enquiries@bespoketrainingsolutions.com within seven working days of delivery if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods.

Where a claim of defect or damage is made, the Buyer shall be entitled to a replacement or a full refund (including delivery costs) plus any return postal charges if applicable.

The Buyer may cancel a Contract for electronically delivered Goods and/or Services at any time before seven working days has passed from the day after the Contract was made and any payments made by the Buyer shall be refunded in full within 28 days. If, however, the Supplier starts to perform its side of the Contract with the agreement of the Buyer before the Buyer exercises this right to cancel, the right to cancel is lost. The Buyer will lose the right to cancel within seven days once the digital Goods have been accessed.

The Buyer may cancel a Contract for a workshop booking at any time up to seven days prior to the workshop date. If attendance is cancelled after this point and a replacement candidate cannot be found, costs will not be refunded. If the Buyer purchases a workshop space which takes place within seven days of the order confirmation, the Buyer hereby waivers their cancellation rights. If the Supplier cancels the workshop, the cost of attending the workshop will be refunded in full.

Any refunds due under this Clause 16 will be made using the same payment method that you used when ordering the Goods.

Requests for cancellation and return should be made to enquiries@bespoketrainingsolutions.com 

Limitation of liability

Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Supplier the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Goods and/or Services and the Supplier shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatsoever.

Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury resulting from the negligence of the Supplier or that of the Supplier’s agents or employees.

Data protection

All personal information that the Supplier may collect (including, but not limited to, the Buyer’s name, address and telephone number) will be collected, used and held in accordance with the provisions of the General Data Protection Regulation (GDPR) (EU) 2016/679.

See our privacy policy and cookie policy for information on how we use your personal information.

Length of service

Digital Goods are sold with an access duration of 120 days from the date of purchase unless otherwise stated. Full details can be found on the relevant product pages at the point of sale. Access to digital products will end 120 days after the purchase date. Access periods can only be extended at the discretion of the Supplier.

Free samples of digital Goods are made available at the discretion of the Supplier. The Supplier reserves the right to remove access to free samples at any time without notice.

The Supplier reserves the right to refuse access to Goods and/or Services, paid or otherwise at any point.

Technical Support

Buyers have access to an email-based help desk support system. All requests for technical support should be submitted to enquiries@bespoketrainingsolutions.com. Upon receipt of notification of a problem with the Service, Bespoke Training Solutions will investigate the problem and provide the Buyer with a time estimate for resolution.

The Service Level Agreement between Bespoke Training Solutions and the Buyer is determined by the severity outlined below:

Severity Level

What this includes

SLA

1 – High

The system is down or

unavailable to end-users.

Request received and

actioned the same day (Mon – Fri, 8am – 5pm)

2 – Medium

Minor bugs or requests

that are affecting

performance or

functionality.

Request received and

actioned within 1-2 days (Mon – Fri, 8am – 5pm)

3 – Low

General Help and Support

Queries

Request received and

actioned within 2 days (Mon – Fri, 8am – 5pm)

Waiver

No waiver by the Supplier (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.

Force majeure

The Supplier shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to, acts of God, strikes, lockouts, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Supplier shall be entitled to a reasonable extension of its obligations.

Severence

If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.

Changes to terms and conditions

We reserve the right, at our discretion, to modify, add, or remove any or all of these terms and conditions at any time and each such change shall be effective immediately upon posting. This right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.

Please check these terms and conditions periodically for changes.

Your continued use of this site and purchase of products on this site following the posting of changes to these terms and conditions will mean you accept those changes. Please check the terms before every purchase.

If the revised terms apply to your order, we will notify you of the changes. If you intend to cancel the Contract with us upon such changes, you may cancel either in respect of all the affected Products or just the Products you are yet to receive. If you opt to cancel, you shall return (at our cost) relevant Products you have already received and we will refund the price you have paid, including any delivery charges.

Complaints

If the Buyer wishes to make a complaint about any aspect of the Service they have received, they can do so by contacting the Supplier via email to solutions@bespoketrainingsolutions.com. The Supplier will reply to all complaints promptly and will aim to provide a full response within seven working days of receipt. Where further investigation is required, the Supplier will indicate a timescale by which a full response will be provided.

Governing law and jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the law of England and Wales and the parties hereby submit to the exclusive jurisdiction of the English and Welsh courts.

SIGN UP TO OUR MAILING LIST