Terms and Conditions
You (the "Customer"/ "you" / "your") must agree to these terms and conditions (the “Terms”) before ordering from Highfield e-learning ("we" "us" "Highfield"). Clicking on the 'place order' button indicates that you agree with all the Terms. You should read these Terms before placing an order as they contain important information.
We have tried to state the Terms as clearly as possible, however, if you have any queries at all about the Terms, please do not hesitate to contact us.
Contents:
- Terms
- Who we are
- E-mail and attachments
- Order process
- Delivery
- The Goods
- Digital Downloads
- Copyright
- Prices and payment
- Delivery
- Liability
- Refunds, cancellation and credit notes
- Personal information and data protection
- Credit / debit card payment
- Assignment
- Force Majeure
- General
- Communications
- e-Learning Activation Codes
Definitions
Contract has the meaning set out in clause 4.5;
Goods means the goods purchased by you in accordance with the Contract;
Website means the Highfield e-learning website at www.highfieldelearning.com; and
Working Day means a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.
1. Terms
1.1 Subject to any variation under condition 1.3 the Contract (as defined below) shall be on these Terms and the Privacy Policy (as defined below) to the exclusion of all other terms and conditions (including any terms or conditions which you purport to apply under any purchase order, confirmation of order, specification or other document).
1.2 No terms or conditions endorsed on, delivered with or contained in your purchase order, confirmation of order, specification or other document shall form part of the Contract simply as a result of such document being referred to in the Contract.
1.3 These Terms apply to all Highfield’s sales of Goods to you and any variation to these Terms and any representations about the Goods shall have no effect unless expressly agreed in writing and signed by a director of Highfield. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of Highfield which is not set out in the Contract.
2. Who we are
Highfield can be contacted directly by any of the means below:
2.1 Mail
Highfield Place
Unit 15 Shaw Wood Business Park
Shaw Wood Way, Wheatley Hills
Doncaster
DN2 5TB.
2.2 Telephone
01302 363 277
2.3 E-mail
info@highfieldelearning.com
2.4 Contacts
Chief Executive – Jason Sprenger
Managing Director - Christian Sprenger
3. E-mail and attachments
3.1 Highfield will not send you an e-mail with an attachment unless you specifically request it. We will not ask you to confirm any of your details by e-mail. Should you receive an e-mail with an attachment indicating that it is from Highfield, and you have not specifically asked for the attachment you should not open it, as it may not be from us.
3.2 All of Highfield’s e-mail enabled computers are running up-to-date antivirus software. Although every reasonable effort has been made to ensure that our computers are virus free, we cannot be held responsible for any loss or damage to computers or other equipment, however caused by opening a file from or indicating that it is from Highfield.
4. Order Process
4.1 Our privacy and cookies policy (the “Privacy Policy”) sets out the terms on which we process any personal data we collect from you or that you provide to us. By using our site you consent to such processing and you warrant that all data provided by you is accurate. It also sets out information about the cookies we use on our site.
4.2 Each order or acceptance of a quotation for Goods by you from Highfield shall be deemed to be an offer by you to buy Goods subject to these conditions.
4.3 No order placed by You shall be deemed to be accepted by Highfield until a written acknowledgement of the order is issued by Highfield or (if earlier) Highfield delivers the Goods to You.
4.4 You shall ensure that the terms of your order and any applicable specification are complete and accurate.
4.5 Any quotation is given on the basis that the Contract shall come into existence upon dispatch by Highfield of the acknowledgement of order or, if earlier, dispatch of the Goods to you (the “Contract”). Any quotation is valid for a period of 30 days only from its date, provided that Highfield has not previously withdrawn it.
5. Delivery
5.1 Unless a specific agreement has been made, the following will apply:
5.1.1 for orders within mainland UK received before 17:00, the Goods will normally be dispatched the following Working Day. Orders will normally be dispatched using a two Working Day service. It should normally take no longer than 4 Working Days to receive the Goods. If you have not received the Goods within 4 Working Days please contact us; and
5.1.2 for orders outside the UK:
5.1.2.1 delivery charges will be confirmed to you before shipping, however, on your initial order they may be shown as £0.00;
5.1.2.2 you will be responsible for any tariff charges that Highfield incur in delivering the goods; and
5.2 If the delivery arrangements differ from above, you will be informed at the point of ordering, or by e-mail as close as possible to the time of ordering.
5.3 At any time before your order is dispatched, you have the right to cancel your order without payment or prejudice.
6. The Goods
6.1 All Goods are subject to availability. As a result of continuous product improvement the specification or design of Goods may vary from that shown.
6.2 It is your responsibility to ensure the suitability of the Goods offered for any particular purpose prior to purchasing the Goods.
7. Digital Downloads
7.1 The content of our Digital Downloads does not constitute advice and should not be relied upon by you when making or refraining from making any decision.
7.2 Subject to clause 11.3, we will not be liable to you for any economic loss, loss of profit, loss of business, loss of data, loss of revenue, depletion of goodwill or otherwise, in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever which arise out of or in connection with the content, purchase and/or download by you of:
7.2.1 the Digital Downloads; and/or
7.2.2 materials the same as or similar to the Digital Downloads that are not provided or created by Highfield.
8. Copyright
8.1 You acknowledge and agree that Highfield and/or its licensors own all intellectual property rights in the Goods. Except as expressly stated herein, the Contract does not grant you any rights to, or in, patents, copyright, database right, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licences in respect of the Goods.
8.2 Subject to clause 9.2, no part of any publication, training materials, CD ROM, DVD, video production or any of Highfield’s works may be reproduced by you. These works may not be stored in a retrieval system, or transmitted in any form or by any means electronic, photocopying, recording or otherwise without prior written consent from Highfield.
8.3 Notwithstanding clause 8.2, if the Goods you purchase from us include a Digital Download Project you shall be entitled to download and use such Digital Download Project from the Website without a licence from us. All intellectual property rights in such Digital Download Project, as between you and us, shall be owned by us both before and after purchase by you of the Digital Download Project.
8.4 Goods provided to you on a preview only basis must not be used for training purposes until you purchase such Goods and/or must not be provided to and/or made accessible to any third party.
9. Prices and Payment
9.1 You shall pay for the Goods at the point at which you purchase the Goods via the Website. The price of the Goods shall be confirmed prior to you purchasing the Goods.
9.2 All prices in our catalogue, leaflets and on the Website are in GBP, exclude VAT and delivery and were correct when published. We reserve the right to change the advertised price before an order is placed. You shall be notified of such amended price prior to purchasing the Goods.
9.3 The Goods remain the property of Highfield until payment has been received by Highfield from you in full and cleared funds.
9.4 If you fail to make any payment due to Highfield under the Contract by the due date for payment, Highfield may charge interest at the higher of either 3% above Barclays Bank plc base rate or the rate as set out in the Late Payments of Commercial Debts Regulations. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amounts, whether before or after judgment. You will pay the interest together with the overdue amount.
10. Delivery
10.1 For delivery timescales please refer to section 5.1.1.
10.2 Risk of loss or damage to the Goods shall pass to you upon delivery whether or not the Goods have been paid for.
10.3 Subject to clause 10.5 damage to Goods must be noted at the time of delivery and claims must be notified to Highfield within 14 days of delivery to you. Claims for non-delivery of Goods must be notified to Highfield within 7 days of the invoice date.
10.4 Subject to clause 10.5 faulty Goods will be accepted for return within 14 days of delivery to you if they are returned undamaged.
10.5 Subject to this clause 10.5 Goods returned to Highfield without agreement or in a damaged condition will be rejected and returned to you at your cost.
10.6 Subject to clause 10.5 proof of delivery of returned Goods must be retained by you. Returned videos obtained for preview should be sent by a first class recorded mail option.
11. Liability
11.1 This clause sets out Highfield's entire liability to you.
11.2 All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract.
11.3 Nothing in these conditions excludes or limits our liability:
(a) for death or personal injury caused by our negligence; or
(b) if applicable under section 2(3), Consumer Protection Act 1987; or
(c) for any matter which it would be illegal for the Highfield to exclude or attempt to exclude its liability; or
(d) for fraud or fraudulent misrepresentation.
11.4 Subject to condition 11.2 and condition 11.3:
(a) Our total liability in contract (including pursuant to an indemnity) tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to a sum equal to the price paid by you for the Goods; and
(b) We shall not be liable to you for any pure economic loss, loss of profit, loss of business, loss of data, loss of revenue, depletion of goodwill or otherwise, in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract.
12. Refunds, Cancellation and Credit Notes
12.1 The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the “Consumer Contract Regulations”). If you are purchasing goods from us as a Consumer, the Terms of this Clause 12 will apply.
12.2 You are entitled to a 14 day 'cooling off' period from the date you receive the Goods under the Consumer Contract Regulations, during which time you may return Goods purchased through the Website, subject to condition 12.4, for a refund or exchange, for any reason.
12.3 If you wish to exercise your rights under the Consumer Contract Regulations, you can do so by informing us of your intentions in writing or by completing the model cancellation form. Any refund will be limited to the cost of the Goods purchased. You must return the Goods to us within 14 Working Days of the date on which you notify us that you wish to cancel the Contract. You will be liable for all shipping costs incurred in returning the Goods to us. The Goods must be returned undamaged and unused. The Goods must be returned using a recorded and insured delivery service. Non-faulty items returned may be subject to a re-stocking fee.
12.4 Your refund will be issued within 14 days of receipt of the undamaged, unused Goods. We reserve the right not to issue a refund if, upon inspection, the Goods are found to have been used or damaged in any way. This does not affect your statutory rights.
12.5 In respect of Goods purchased with the European Economic Area, the right to cancel does not extend to any un-sealed audio or video recordings, computer software/files, personalised Goods or Goods made to a customer's specification, perishable Goods and / or services and any copyright protected training materials including Digital Download Projects.
12.6 Except for the provisions of clauses 12.1 – 12.5 which apply if you are a consumer, it is company policy not to issue cash refunds. Notwithstanding clauses 12.1 – 12.5 above, you may, with our prior written consent, return unused Goods and have your account credited by way of a credit note for future orders subject to the following conditions:
(a) the Goods must be in a good condition, unopened, unused and undamaged;
(b) you are able to provide us with the original invoice or proof of purchase; and
(c) you are responsible for the cost of returning the Goods to us.
12.7 Notwithstanding clause 12.6, we reserve the right to refuse to provide you with a credit note for any reason and may charge you an administrative fee for our reasonable costs incurred in arranging such credit note.
12.8 When a credit note is issued it can be used to purchase any Highfield product. If your credit note exceeds the purchase price of the good(s) you are purchasing no refund will be given for the unused portion of the credit note. Where your credit note is less than the purchase price of the good(s) you are purchasing, you must pay the outstanding balance. The credit note will be valid for 24 months from date of issue and then will lapse, along with any right you may have had to the sums to which it relates. Download our full Credit and Invoicing Policy.
12.9 It is important to keep your original credit note safe as copies will not be accepted. The credit note number reference must be presented prior to the point of purchase in order for the good(s) to be collected or delivered.
13. Personal Information and Data Protection
13.1 Please access our Privacy Policy for details as to how we use your information. We do not sell personal information about any of our customers, to any party, for any reason.
13.2 By accepting these terms and conditions, you consent to us holding your personal details for our records only. Your personal details will be held securely and will be used only for our own marketing/promotional purposes, for review by third parties if you have submitted information to an online directory, or for order/payment processing/monitoring. Your personal details WILL NOT be passed on to any third parties without your express permission. If you would like us to remove you from our private records, please contact us supplying your name and address, and your personal details will be removed within 7 Working Days.
13.3 Your credit/debit card details will be kept for the duration of the transaction for which they were supplied only. Upon satisfactory completion of the transaction, your credit/debit card details will be removed and destroyed. No record of them will be kept, electronically or otherwise.
14. Credit/Debit Card Payment
14.1 The secure credit/debit card processing service for this site has been provided by Sage Pay. Your details may be transferred to Sage Pay for the sole purpose of processing any transactions you have instigated.
14.2 Under no circumstances will your credit/debit card information passed on, sold or loaned to any third party. Your credit/debit card information is kept for the duration of the transaction in question only. If you are in any doubt, we are happy to take credit/debit card payments over the phone or accept payment by cheque but this may result in a delay in delivery.
14.3 You should ensure that you have established a secure connection before supplying any credit/debit card information. For more information on how to tell if you are viewing a secure or non-secure site, please see your browsers documentation.
15. Assignment
15.1 Highfield may assign the Contract or any part of it to any person, firm or company.
15.2 You shall not be entitled to assign the Contract or any part of it without the prior written consent of Highfield.
16. Force Majeure
16.1 Highfield reserves the right to defer the date of delivery or to cancel the Contract or reduce the volume of the Goods ordered by you (without liability to you) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of Highfield including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, pandemic, lock-outs, strikes or other labour disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials.
16.2 If the event in question, as listed in 16.1 above, continues for a period in excess of 180 days, you shall be entitled to give notice in writing to Highfield to terminate the Contract.
17. General
17.1 Each right or remedy of Highfield under the Contract is without prejudice to any other right or remedy of Highfield whether under the Contract or not.
17.2 If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.
17.3 Failure or delay by Highfield in enforcing or partially enforcing any provision of the Contract shall not be construed as a waiver of any of its rights under the Contract.
17.4 Any waiver by Highfield of any breach of, or any default under, any provision of the Contract by the Customer shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the Contract.
17.5 The parties to the Contract do not intend that any term of the Contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
17.6 The formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.
18. Communications
18.1 All communications between the parties about the Contract shall be in writing and delivered by hand or sent by pre-paid first class post or sent by fax:
(a) (in case of communications to Highfield) to its registered office or such changed address as shall be notified to the Customer by Highfield; or
(b) (in the case of the communications to the Customer) to the registered office of the addressee (if it is a company) or (in any other case) to any address of the Customer set out in any document which forms part of the Contract or such other address as shall be notified to Highfield by the Customer.
18.2 Communications shall be deemed to have been received:
(a) if sent by pre-paid first class post, two days (excluding Saturdays, Sundays and bank and public holidays) after posting (exclusive of the day of posting); or
(b) if delivered by hand, on the day of delivery; or
(c) if sent by fax on a Working Day prior to 4.00 pm, at the time of transmission and otherwise on the next Working Day.
19. e-Learning Activation Codes
19.1 In order to access software that Highfield has agreed to licence to you, you may require an activation code from Highfield. Please contact Highfield in order to request the activation code. All activation codes are valid for 30 days only from the date they are provided to you. If you have not inputted the activation code within such 30 day period, you will need to call Highfield to obtain a further activation code.
19.2 The software licence will commence from the date that you activate the code and will expire after a certain period of time as notified to you by Highfield. You will no longer be able to access the software once the code has expired. If you require access to the software following expiry of the activation code, please contact Highfield to agree an extension of the software licence, such extension being at Highfield’s sole discretion.
19.3 You should ensure that you are ready to, and capable of, installing and registering the software before contacting Highfield for your activation code.
19.4 All licences shall be for a single machine only unless otherwise stated. Should you require further licences for additional users or machines, please contact Highfield.
19.5 Any attempt to breach licence conditions, for example installing on multiple machines or attempting to fraudulently extend the licence duration, will be considered a serious copyright infringement.
20. Other
20.1 Highfield may recommend training providers for certain courses based on volume purchasing. Contact us to request a listing as recommended provider.