Terms and Conditions of Sale
Consumer Pre-Contract Information and Terms and Conditions of Sale
These Terms and the Annex to them contain the "Pre-Contract Information" (as set out in Schedule 2 of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013) which We are under a legal duty to provide to You as a consumer prior to entering into a binding legal contract with Us.
These Terms (together with Our [Privacy Policy, Terms of Website Use and Website Acceptable Use Policy][l1] ) tells You information about us and the legal terms and conditions (the "Terms") on which We sell any of the membership services (the "Services") listed on Our website ("Our Site") to You.
These Terms will apply to any contract (the "Contract") between us for the sale of the membership services, including events, (the "Services") listed on Our website ("Our Site") to You. Please read these Terms carefully and make sure that You understand them, before ordering any Services from Our Site. Please note that before placing an order You will be asked to agree to these Terms. If You refuse to accept these Terms, You will not be able to order any Services from Our Site.
You should print a copy of these Terms or save them to Your computer for future reference.
We may amend these Terms from time to time as set out in clause 6. Every time You wish to order Services, please check these Terms to ensure You understand the terms which will apply at that time. These Terms were adopted on 1 February 2017.
These Terms, and any Contract between us, are only in the English language.
1.1. We operate the website www.britsoc.co.uk. We are The British Sociological Association, a company limited by guarantee registered in England and Wales under company number 3890729 and a charity registered in England and Wales with the Charity Commission under charity number 1080235 with Our registered office at Chancery Court, Palatine House, Belmont Business Park, Belmont, Durham DH1 1TW. Our VAT number is 331 9860 90.
2.1. To cancel a Contract in accordance with Your legal right to do so as set out in clause 8, You just need to let us know that You have decided to cancel. The easiest way to do this is to complete the cancellation form set out in the Annex to these Terms below. You can also e-mail us to cancel Your order at enquiries@britsoc.org.uk] or contact our membership services team by telephone on 0191 383 0839 or by post to BSA, Bailey Suite, Chancery Court, Belmont Business Park, Durham, DH1 1TW. If You are emailing us or writing to us please include details of Your order to help us to identify it. If You send us Your cancellation notice by e-mail or by post, then Your cancellation is effective from the date You send us the e-mail or post the letter to us.
2.2. If You wish to contact us for any other reason, including because You have any complaints, You can contact us by telephoning Our membership services team at 0191 383 0839 or by e-mailing us at enquiries@britsoc.org.uk.
2.3. If We have to contact You or give You notice in writing, We will do so by e-mail or by pre-paid post to the address You provide to us in Your order.
3.1. Your use of Our Site is governed by Our Terms of website use and Website Acceptable Use Policy. Please take the time to read these, as they include important terms which apply to You.
4. How We use Your personal information
4.1. We only use Your personal information in accordance with Our Privacy Policy. Please take the time to read Our Privacy Policy, as it includes important terms which apply to You.
5. How the contract is formed between You and us
5.1. The order pages on Our Site will guide You through the steps You need to take to place an order with us. Our order process allows You to check and amend any errors before submitting Your order to us. Please take the time to read and check Your order at each page of the order process.
5.2. After You place an order, You will receive an e-mail from us acknowledging that Your order for the Services has been received (the "order Confirmation"). The Contract between us will only be formed when We send You the order Confirmation.
5.3. If We are unable to supply You with a Service, for example because that Service is no longer available, We will inform You of this by e-mail and We will not process Your order. If You have already paid for the Services, We will refund You the full amount which You paid to Us.
5.4. You have a legal right to withdraw Your order at any time by notifying Us of Your intention to withdraw prior to Our acceptance of Your order in the manner set out in clause 5.2. If you Withdraw Your order in accordance with this clause, We will refund any payments which You have made to Us in respect of the Services no later than 14 (fourteen) days after the day on which You informed Us of Your decision to withdraw the order and such refund shall be made using the same means of payment as You used for the initial transaction, unless You and Us expressly agree otherwise.
6. Our right to vary these Terms
6.1. We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
6.2. Every time You order Services from us, the Terms in force at the time of Your order will apply to the Contract between You and us.
6.3. We may revise these Terms as they apply to Your order from time to time to reflect changes in relevant laws and regulatory requirements
- Term
7.1. Without prejudice to Your rights of cancellation set out in clause 8 of these Terms, unless terminated earlier in accordance with clause 8 1, the Contract shall remain in force until the end of the calendar year (i.e. 31 December) following the date on which the Contract is formed and, if the Services are paid for annually by Direct Debit and the payer has agreed to allow us to collect the price for the Services automatically each year, unless we hear to the contrary, the Services will be automatically renewed at the end of each year for a further calendar year. A reminder will be sent to advise of the cost of the Services, and any changes to these Terms that will take effect, at renewal. If You do not wish to renew on this basis, you should notify Us at least 7 days prior to renewal.
- Right of Cancellation
8.1. You have a legal right to cancel the Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 8.2 below. This means that during the relevant period if You change Your mind or decide for any other reason that You do not want to receive the Services, You can notify us of Your decision to cancel the Contract and receive a refund. Advice about Your legal right to cancel the Contract is available from Your local Citizens' Advice Bureau or Trading Standards office.
8.2. Subject to clause 8.3 below, Your legal right to cancel a Contract starts from the date of the order Confirmation (the date on which We e-mail You to confirm Our acceptance of Your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract ends at the end of 14 (fourteen) days after the date on which the Contract between us is formed (the "Cancellation Period").
8.3. If You request us to commence providing the Services or you begin using the Services during the Cancellation Period You will lose the right to cancel during the Cancellation Period should We fully perform the Services that We have agreed to provide to You.
8.4. You may inform Us of your decision to cancel the Contract using the Model Cancellation Form set out in the Annex to these Terms or by any other clear statement from You to Us setting out Your decision to cancel the Contract.
8.5. Subject to clause 8.7, if You cancel Your Contract during the Cancellation Period We will refund to You any payments which You paid to Us for the Services no later than 14 (fourteen) days after the day on which You informed Us of Your decision to cancel the Contract. Such refund shall be made using the same means of payment as You used for the initial transaction, unless You and Us expressly agree otherwise.
8.6. To meet the Cancellation Period deadline, it is sufficient for you to send to Us Your decision to cancel the contract before the Cancellation Period expires.
8.7. If You have expressly requested that You wish Us to commence providing the Services to You or you begin using the Services during the Cancellation Period, in accordance with clause 9.1, and subsequently inform us of Your decision to cancel the Contract during the Cancellation Period, You shall be obliged to pay to Us an amount which is in proportion to the amount of Services which have been performed since the date on which the Contract was formed in the context of the overall Services which We agreed to provide to you under the Contract. We will contact You to confirm this amount.
- Providing the Services
9.1. We will commence the provision of the Services as soon as Your payment has been processed after We have received Your order. You should be aware that, if You use our Services during the Cancellation Period You may lose Your right to cancel, please see clause 8.3 in this regard.
9.2. We will make every effort to provide the Services once Your payment has been processed. However, there may be delays due to an Event Outside Our Control. See clause 13 for Our responsibilities when an Event Outside Our Control happens.
9.3. We may have to suspend the Services if We have to deal with technical problems. We will contact You to let You know in advance where this occurs, unless the problem is urgent or an emergency. You do not have to pay for the Services while they are suspended under this clause 9.3.
10.1. The prices of the Services will be as quoted on Our Site at the time You submit Your order. We take reasonable care to ensure that the prices of Services are correct at the time when the relevant information was entered onto the system.
10.2. Prices for Our Services may change from time to time, but changes will not affect any order You have already placed.
10.3. The price of a Service includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of Your order and the date of performance, We will adjust the VAT You pay, unless You have already paid for the Services in full before the change in VAT takes effect.
11.1. You can only pay for Services using cheque, a debit card or credit card or by way of Direct Debit or BACS transfer. Details of payment methods are set out on our Site as part of the order process.
12.1. If We fail to comply with these Terms, We are responsible for loss or damage You suffer that is a foreseeable result of Our breach of these 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 this contract.
12.2. We only supply the Services for domestic and private use. You agree not to use the product 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.
12.3. We do not in any way exclude or limit Our liability for:
12.3.1. death or personal injury caused by Our negligence;
12.3.2. fraud or fraudulent misrepresentation;
12.3.3. any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
12.3.4. 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); and
12.3.5. defective products under the Consumer Protection Act 1987.
13. Events outside Our control
13.1. 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. An Event Outside Our Control is defined below in clause 13.2.
13.2. 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.
13.3. If an Event Outside Our Control takes place that affects the performance of Our obligations under a Contract:
13.3.1. We will contact You as soon as reasonably possible to notify You; and
13.3.2. 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 Products to You, We will arrange a new delivery date with You after the Event Outside Our Control is over.
13.4. 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. If You opt to cancel, We will be entitled to retain or be paid a sum which represents the amount of Services provided to the date of cancellation.
14.1. When We refer, in these Terms, to "in writing", this will include e-mail. You may contact us as described in clause 2.
15.1. We may transfer Our rights and obligations under a Contract to another organisation, but this will not affect Your rights or Our obligations under these Terms.
15.2. You may only transfer Your rights or Your obligations under these Terms to another person if We agree in writing.
15.3. This Contract is between You and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
15.4. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
15.5. If We fail to insist that You perform any of Your obligations under these Terms, or if We do not enforce Our rights against You, or if We delay in doing so, that will not mean that We have waived Our rights against You and will not mean that You do not have to comply with those obligations. If We do waive a default by You, We will only do so in writing, and that will not mean that We will automatically waive any later default by You.
15.6. Please note that these Terms are governed by English law. This means a Contract for the purchase of Products through Our Site and any dispute or claim arising out of or in connection with it will be governed by English law. You and We both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if You are a resident of Northern Ireland You may also bring proceedings in Northern Ireland, and if You are a resident of Scotland, You may also bring proceedings in Scotland.
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