Terms and Conditions of Supply of Blue Raccoon Website
Blueraccoon.co.uk (“site”) is owned and operated by Blue Raccoon Limited a company registered in England and wales under company number 09132502 and with our registered office at 31, Newcastle Road, Congleton and VAT number is 193 6938 56
Please read these terms and conditions carefully before placing an order. By purchasing services on this site, you agree to be bound by these terms and conditions.
If you are not willing to be bound by these terms and conditions please do not purchase services from this site.
Deliverables: all documents, products and materials developed by us or our agents, subcontractors, consultants and employees in relation to the Services in any form.
Services: the services that we are providing to you in a consultancy capacity as set out in any training description.
Terms: the terms and conditions set out in this document.
Training Session: any training session, seminar or workshop provided by us in accordance with these Terms.
writing or written: includes email.
2. CHANGES TO TERMS
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.
Please check these terms and conditions periodically for changes.
Your continued use of this site and purchase of services 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 any existing provision of services, we will notify you of the changes.
4. AGE RESTRICTION
You shall not purchase any services from our site if you are below the age of 18 years old because under this age, you do not have legal capacity to enter into a contract.
5. ACCEPTANCE OF ORDER
5.1 These Terms will become binding on you and us and a Contract will come into effect between you and us only upon our written acceptance of the order issued to you by email or when we contact you to tell you that we are able to provide the services to you. We are not bound by the order unless we accept it in writing.
5.2 If there is any conflict between these Terms and any term of the order, the order will take priority.
6. ENTIRE AGREEMENT
7.2 You shall not have any claim for innocent or negligent misrepresentation against us based on any statement in this Contract.
7.3 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the services. 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.
8. PROVISION OF SERVICES
8.1 We will supply the services to you from the date agreed between us in writing until the estimated completion date set out in the order.
8.2 We will make every effort to complete the services on time. However, there may be delays due to an Event Outside Our Control. See clause 14 below for our responsibilities when an Event Outside Our Control happens.
9. INTELLECTUAL PROPERTY
9.1 We are the owner or the licensee of all Intellectual Property Rights and all other rights in the Services and the Deliverables and nothing in these Terms or otherwise shall operate to transfer the ownership of the Intellectual Property Rights in the Services or the Deliverables. We grant you a limited, non-exclusive, non-transferable, non-sub licensable revocable licence to use all or any of the Deliverables for the purposes for which the Services were provided only.
10. IF THERE IS A PROBLEM WITH THE SERVICES
10.1 In the unlikely event that there is any defect with the services:
a) please contact us and tell us as soon as reasonably possible;
b) please give us a reasonable opportunity to repair or fix any defect; and
c) we will use every effort to repair or fix the defect within 3 working days.
10.2 As a consumer, you have legal rights in relation to services not carried out with reasonable skill and care, or if the materials we use are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
11.1 You may cancel any Training Session by notice in writing to us.
11.2 On cancellation of a Training Session you must pay us the following fees:
a) if notice of cancellation is received 10 working days or less before the start of the relevant Training Session, a cancellation fee of 100% of the fee for the Training Session;
b) if notice of cancellation is received more than 10 working days before the start of the relevant Training Session, a cancellation fee of £75;
c) A substitute delegate can be named at any time prior to the course start.
11.3 Cancellation, Postponement or Substitution of Course Dates
a) Blue Raccoon Limited reserves the right to change the course presenters, dates, venue and content should the need arise. In the unlikely event of a course being cancelled or postponed by Blue Raccoon Limited a full refund will be made but no further liability will be accepted.
12. PRICE AND PAYMENT
12.1 Prices of the services are specified on our site and confirmed on the checkout page. We may change our prices any time, but that will not affect the prices for confirmed orders.
12.2 Our prices are exclusive of VAT. If there is a change in the rate of VAT between the date of the order and the date of delivery or performance, the rate of VAT that you pay will be adjusted, unless you have already paid full purchase price prior to the change in the rate of VAT takes effect.
12.3 Despite our best efforts, there may be incorrect prices on some of the services. If the correct price is less than a price shown on our site, the lower amount will be charged. If the correct price is higher than the price specified on our site, we will inform you of this and ask whether you wish to continue with the order with the actual higher price. If the error in price is obvious, unmistakeable and mispricing could have been recognised reasonably by you, we will not be liable to provide the services to you at the lower price that was incorrect.
12.4 Payment for services is to be made in advance by credit or debit card except where agreed otherwise in writing between us. You must pay us in full in cleared funds before the relevant Training Session.
12.5 If you do not make any payment due to us by the due date for payment, we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Trustee Savings Bank from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
13. LIMITATION OF LIABILITY
13.1 Services supplied by us are for training purposes only. You shall not use the services for any business or re-sale, commercial purpose. We are not liable to you for any loss of business, loss of profit, loss of business opportunity, or business interruption.
13.1 Exceptions to Limitation of Liability
Our liability does not exclude or limit in any way:
(a) fraud or fraudulent misrepresentation;
(b) death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
(c) defective products under the Consumer Protection Act 1987;
(d) breach of the terms implied by sections 13, 14 and 15 of the Sale of Products Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) breach of the terms implied by section 12 of the Sale of Products Act 1979 (title and quiet possession).
14. CIRCUMSTANCES BEYOND OUR CONTROL
14.1 If there is failure to perform, or delay in performance of any of our obligations under these Terms due to Circumstances Beyond Our Control, we will not be liable for such failure.
14.2 Circumstances Beyond Our Control include any act or event beyond our reasonable control, including without limitation lock-outs, strikes, or other industrial action by third parties, riots, civil commotion, terrorist attack or threat of terrorist attack, invasion, war (whether declared or not) or threat or preparation for war, explosion, fire, flood, storm, subsidence, epidemic, earthquake, or other natural disaster, or failure of private or public telecommunications networks.
14.3 If any Circumstances Beyond Our Control affects the performance of our obligations under these Terms:
14.4 you will be notified as soon as reasonably possible; and
14.5 the time for performance of our obligations will be extended and our obligations under these Terms will be suspended for the duration of the Circumstances Beyond Our Control.
14.6 If Circumstances Beyond Our Control occur and you do not wish us to provide the services, you may cancel the contract in accordance with clause 9. We may cancel the contract if the Circumstances Beyond Our Control continues for more than 2 weeks in accordance with our cancellation rights.
15.1 Any notice to us should be in writing and sent to us by e-mail, by hand, or by pre-paid post to Blue Raccoon Limited at 31, Newcastle Road, Congleton, Chesire or firstname.lastname@example.org.
15.2 Any notice to you will be in writing by e-mail, by hand, or by pre-paid post to the address you provided us with on the Order.
16.1 We may assign our rights and obligations under these Terms to any another person. If there is any such assignment of rights and obligation, we will inform you in writing or by email.
16.2 You cannot transfer your rights and obligations under these Terms to any another person without our written approval.
16.3 This contract is only between you and us. No other third person shall have any rights to enforce any terms.
16.4 Each paragraph of these Terms are separate and distinct from other. If any court or relevant authority determines any of paragraphs of these Terms is unlawful, then such determination will not affect other paragraphs and all other remaining paragraphs will remain in effect and full force.
16.5 Our failure to insist that you perform any of your obligations under these Terms, or to enforce our rights against you, or delay in doing so, does not mean that our rights against you have been waived and does not mean that you need not comply with those obligations. Any waiver by us of your default will be only in writing, and it does not mean that we will waive any of your future defaults.
16.6 English law governs these Terms and contract between you and us. English courts will have jurisdiction on any dispute that may arise out of this Terms or contract between you and us. However, you may bring proceedings in Northern Ireland if you are a resident of Northern Ireland, and you may bring proceedings in Scotland if you are a resident of Scotland.
17. CONTACT US
17.1 For any questions or queries you can e-mail us at email@example.com.