Terms and conditions

 

Publications purchasing terms and conditions

If you would like a digital copy of these terms and conditions, you can download a PDF version here.

If you are purchasing a publication Product (as defined below) the below terms and conditions will apply.

The Publications terms and conditions are effective from 19th April 2021.

 

1. About these terms and conditions

 

1.1 These are the terms and condition (the ‘Terms’) on which we supply publications to you, whether they are in hardcopy or digital content. These Terms form the whole of our ‘Agreement’ with you.

 

1.2 In these Terms, the following words have the following meanings:

 

‘we’, ‘us’ and ‘our’ means the Construction Industry Training Board (Registered Charity Number 264289 in England and Wales and SC044875 in Scotland), known as CITB; 

 

‘you’ means the individual or organisation ordering Products under these terms and conditions; 

 

‘Credit Account’ means a pre-arranged credit account with us; 

 

‘Description’ means our description of a Product that may be purchased from us; 

 

‘Dispatch’ means the time Hardcopy Products are dispatched from us or our warehouse, or for E-book Products the time we send you the email with log-in details in order to access; 

 

‘Hardcopy Products’ means those hardcopy versions of publications that are printed or in CD or DVD format and require delivery following ordering; 

 

‘E-book/Download Products’ means those digital products accessible online via our web browser https://www.hsepublications.co.uk/vouchers or through the free CITB HS&E Publications app, available on both the Apple and Android app stores;  

 

‘Order’ means a request by you to purchase Products from us; 

 

‘Order Number’ means a number provided by us to you after you place an Order; 

 

‘Products’ means Hard Copy Products or E-book/Download Products you have ordered from us; 

 

‘Working Days’ means a day other than a Saturday or Sunday or a public or bank holiday in England and Wales.

 

1.3 Reference to writing or written includes email or other electronic transmission in normal readable form.

 

1.4 These Terms replace all other terms and conditions previously applicable to the sale of the Products and shall apply to any Order to the exclusion of any other terms and conditions. We may at any time revise these Terms, in whole or in part, without notice. You agree to review the Terms regularly and any Order placed by you signifies acceptance of them. We may not necessarily keep a copy of your Order and these Terms and recommend that you keep a copy of them for your information in the future.

 

1.5 If you are placing an online Order, your use of the website is also subject to the terms and conditions governing the use of our website. Access to the website is on a temporary basis and we reserve the right to amend or withdraw the service without notice. We will not be liable if for any reason the website is unavailable at any time and for any period.

 

2. Minors

 

2.1 To purchase Products you must be over 18 years of age. If you are under 18 years old, you can only purchase a Product with the involvement of a parent or guardian.

 

3. Placing your order

 

3.1 An Order for a Product can be placed through our website. At the final stage of the online ordering process, when you click ‘submit’, we will send you a notification by email acknowledging receipt and details of your Order.

 

3.2 This email notification sent to you by us following the placing of an Order online is intended to be treated as an acknowledgement of the Order only and does not mean that we have accepted your Order, unless specified otherwise by us. 

 

4. Our Agreement with you

 

4.1 All Orders for Products shall be regarded as an offer by you to purchase the Products under the Terms of the Agreement.

 

4.2 Although we make every effort to ensure that the Description of the Products and the prices sets out on our website or in our literature is accurate, mistakes may occasionally happen. We reserve the right to cancel any Order for Products where any such mistake has occurred, even after we have accepted such an Order. Where pricing is concerned, if the correct price is lower than stated we will process your Order and charge you the lower price. If the correct price is higher, we will notify you in writing and give you the option of either paying the higher price or cancelling your Order.

 

4.3 After placing an Order online, you will receive an email from us acknowledging that we have received your Order. Please note that this does not mean that your Order has been accepted. Acceptance of your offer will take place on Dispatch to you of the Products ordered unless we notify you in writing of our acceptance at any time prior to such Dispatch. Our acceptance of your Order brings into existence a legally binding Agreement between us.

 

5. Selecting the Products

 

5.1 You are responsible for the selection of the Products, and any Description, advice or recommendation given by us to you as to the suitability, fitness for any purpose, application or use of the Products is intended for guidance only and is followed or acted upon entirely at your own risk. Accordingly, we shall not be liable for any such Description, advice or recommendation.

 

6. Price and Delivery Charges

 

6.1 The prices of the Products are as published on the website. We reserve the right to change prices listed without notice. 

 

6.2 Prices shown exclude value added tax (‘VAT’) and any other government duty or tax applicable unless specified otherwise by us on the website. When you order Products for delivery outside the UK the Order may be subject to import duties and taxes which are levied once the package reaches the specified destination. Customs duties vary from country to country. Any additional charges for customs clearance or otherwise must be borne by you.

 

6.3 Delivery of the Products to a postal address in the UK is free of charge unless our Publications Department notify you otherwise prior to Dispatch or you select an express delivery service.

 

6.4 For any Products delivered to an address outside the UK or where express delivery has been selected or as otherwise notified by the Publications Department, postal and packing charges are payable by you and such charges will be calculated automatically online before you place your Order.

 

7. Payment

 

7.1 All payments must be made in UK sterling (GBP). 

 

7.2 Payment shall be made before the Products are Dispatched other than where we agree to payment being made through an active credit account with us. If you fail to make any payment prior to Dispatch or on the due date as applicable, without prejudice to any other right or remedy available to us, we shall be entitled to cancel the Agreement and/or suspend any further deliveries to you.

 

7.3 Where payment is to be made by a credit account, payment shall be made within 30 days of the date of invoice. If full payment is not received when due we shall be entitled to include interest on the amount outstanding from the date when such payment is due until the date of actual payment (both after as well as before judgment) at a rate per annum of 4 per cent above the base rate from time to time of Barclays Bank plc. If we must recover the outstanding payment and/or Products, recovery costs are to be paid by you.

 

8. Set-off

 

8.1 Without waiver or limitation of any rights or remedies we shall be entitled to set-off any and all monies owed by us to you against any and all monies owed by you to us under this or any other contract.

 

9. Delivery

 

9.1 If your Order is accepted, we will aim to deliver within 10 Working Days and in any event within 30 days starting on the day after you have placed your Order, unless you are pre-ordering a Product not yet available, in which case it will be 30 days from the date of publication by us, or as advised within the Description of the Product (the ‘Latest Delivery Date’). The place of delivery for Hardcopy Products shall be as stated in the Order, which will be a postal address, and for E-book/Download Products it will be the email address you have specified in your Order (‘Delivery Address’). If we are not able to deliver the Products by the Latest Delivery Date you will be informed of this and, unless you request us to continue processing your Order, you shall be reimbursed as soon as possible and in any event within 30 days starting on the day after the Latest Delivery Date. 

 

9.2 For operational reasons the Products may be delivered in installments. Any failure by us to deliver any one or more of the installments in accordance with this Agreement or any claim by you in respect of any one or more installments shall not entitle you to treat the Agreement in its entirety as terminated.

 

9.3 If you do not receive the Products you have ordered within 30 days of placing an Order you must notify us immediately, unless you are pre-ordering a Product not yet available. In the absence of such notice from you to us, the Products shall be deemed to have been delivered and accepted by you complete and in a satisfactory condition.  Thereafter, you shall not be entitled to reject the Products, we shall have no liability for any defects or failure and you shall be bound to pay the price as if the Products had been delivered in accordance with this Agreement.

 

10. Risk and Ownership

 

10.1 Risk of damage to or loss of the Products shall pass to you upon delivery at the Delivery Address. 

 

10.2 Ownership of the Products passes to you on the earlier of the two events, receipt by us of full payment, or delivery to you of the Products at your Delivery Address. We may recover any Products supplied at any time prior to ownership passing if you are in breach of these Terms.

 

11. Damaged or Defective Products

 

11.1 You should inspect the Products when you receive them for defects or damage. If you find a defect or damage you must tell us as soon as possible, by contacting the Publications Department as set out in clause 18 (How to contact us). If the Products are found to be damaged or defective upon delivery to you, at our discretion we will repair or replace the Products or refund the price paid by you. 

 

11.2 At our request and direction you shall send to us the damaged or defective Products. We will check all Products returned as damaged or defective. In the event we find no fault, we reserve the right not to refund you and to recover our fees and expenses from you.

 

12. Cancellation and Returns

 

12.1 Cancellations and returns are at our sole discretion and provisional upon you indemnifying CITB for all costs and charges incurred by us in the original delivery of those Products and their subsequent return including any handling charges, and provided you inform us by email to publications@citb.co.uk or by phone of your wish to cancel or seek a refund within 14 days from receipt of the Products. Should you wish to return any Products please contact the Publications Department by telephone on 0344 994 4122 or email publications@citb.co.uk. Your statutory rights are not affected.

 

12.2 You may not cancel the Agreement if the Products delivered have been customised or personalised or, if the Products are CDs, DVDs, audio or video recordings or computer software, if they are unsealed, or, if you have already accessed E-book Products.

 

12.3 If we agree to you cancelling the Agreement, you are to return the Products to us in their original condition, undamaged and at your cost within 14 days of such cancellation. Once we have receipt of the Products and they have been verified we can proceed with the refund.

 

12.4 Products returned should be packaged securely, clearly identified with the applicable Order Number and addressed to our respective warehouse. We shall provide you with this address when arranging the return.

 

12.5 Any Products returned will be at your risk and we shall not be responsible for Products which are damaged or lost in transit.

 

13. Intellectual Property

 

13.1 The names, images and logos identifying CITB are proprietary marks of CITB.

 

13.2 All other trademarks, brand names, product names and titles and copyright used in our website, our catalogue, or the Products, are trademarks, brand names, product names or copyrights of their respective holders. No permission is given by CITB in respect of the use of any of them and such use may constitute an infringement of the holder’s rights.

 

13.3 Copyright subsists in our website, our literature (including Descriptions) and our Products. No part of our website, our literature (including Descriptions) or our Products may be reproduced in any form without our prior written consent.

 

14. Liability

 

14.1 Nothing in this Agreement is intended to limit liability for (a) death, personal injury caused by our negligence; or (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be excluded or limited by the laws of England and Wales.

 

14.2 Subject to clause 14.1 we shall not be liable to you:

 

14.2.1 For any indirect, special or consequential loss of any nature whatsoever; or

 

14.2.2 For any loss of profits, loss of income, other economic loss, loss of business, loss of contracts, loss of goodwill, loss of data, administrative inconvenience or disappointment.

 

14.2.3 Where performance of any obligation to you is prevented or impeded by any circumstance or cause beyond our reasonable control including without limitation strikes and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

 

14.3 Subject to clause 14.1, our liability to you in contract, tort or otherwise is limited to the cost of replacing the Products ordered.

 

14.4 We do not accept liability for shortages in quantities delivered unless you notify us of any claim of short delivery of the Products within two Working Days of delivery. In such circumstances our liability shall be restricted to making good the shortfall.

 

14.5 We accept no liability for any reliance placed upon the contents of any Product supplied. The said material is intended for reference purposes only and is not intended, nor should it be used, as a substitute for professional advice and judgement or to provide legal advice with respect to particular circumstances.

 

15. Data Protection and Privacy Policy

 

15.1 ‘Personal Data’ is an individual’s personal information including information obtained directly from an individual, or from third parties, or as a result of our relationship with the individual in our capacity as an Industrial Training Board.

 

15.2 By placing an Order you are allowing us to use your Personal Data for the purpose of supplying the Products (including passing your details on to couriers and other subcontractors).

 

15.3 By placing an Order you consent to us processing your Personal Data and warrant that all data provided by you is accurate.

 

15.4 Your Personal Data will be processed by us in accordance with all applicable data protection and privacy legislation in force from time to time in the UK and in line with our Privacy Policy. For more information explaining your legal rights and how we use your Personal Data, please view our Privacy Notice online at citb.co.uk/privacy.

 

16. General 

 

16.1 A person who is not a party to this Agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this contract but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

 

16.2 The headings in these Terms are for convenience only and shall not affect their interpretation.

 

16.3 If any term of this Agreement is found by any court or body or authority of competent jurisdiction to be illegal, unlawful, void or unenforceable (including any provision in which we exclude our liability to you), such term will be deemed to be severed from this Agreement and this will not affect the enforceability of the remainder of this Agreement which will continue in full force and effect.  

 

16.4 The Agreement between us shall be governed by and interpreted in accordance with the laws of England and Wales and the courts of England and Wales shall have non-exclusive jurisdiction to resolve any disputes between us.

 

17. Complaints

 

17.1 If you have a complaint, please contact our Publications Department via the details set out in clause 18 (How to contact us) and where applicable, quoting the Order Number.

 

18. How to contact us

 

You can contact our Publications Department by:

 

Email:  Publications@citb.co.uk

 

Phone:  0344 994 4122

 

Post: 

Publications Department

CITB 

Q10-Neon

Quorum Business Park

Benton Lane

Newcastle Upon Tyne

NE12 8BU

 

Our office hours are 8am – 5.30pm Monday to Friday, excluding public holidays (in England and Wales).

 

If your query is about the Health Safety and Environment test revision materials please contact our agent Pearson VUE at the below details:

 

Email: citb.hsanderevision@pearson.com

 

Telephone: 0344 994 4488

 

Fax:  0300 200 1177

 

Office hours are 8.00am – 8.00pm Monday to Friday, 8.00am – noon on Saturday, excluding public holidays (in England and Wales).

 

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