Terms & Conditions
You (the "Customer"/ "You" / "Your") must agree to these terms and conditions before ordering from Highfield Awarding Body for Compliance Limited ("we" "us" "HABC").
Clicking on the 'place order' button indicates that you agree with all terms and conditions stated herein. You should read these terms and conditions before placing an order, they contain important information.
We have tried to state our terms and conditions as clearly as possible, however, if you have any queries at all about these terms and conditions, please do not hesitate to contact us.
- General information
- Who we are
- E-mail and attachments
- Payment and delivery
- HABC General Conditions of Sale
- The HABC web site
- Personal information
- Credit/Debit card payment
- Force Majeure
1. General information
1.1 Subject to any variation under condition 1.3 the Contract shall be on these conditions to the exclusion of all other terms and conditions (including any terms or conditions which You purports 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 conditions apply to all the Company's sales and any variation to these conditions and any representations about the Goods shall have no effect unless expressly agreed in writing and signed by a director of the Company. You acknowledge that You have not relied on any statement, promise or representation made or given by or on behalf of the Company which is not set out in the contract. Nothing in this condition shall exclude or limit the Company's liability for fraudulent misrepresentation.
1.4 Each order or acceptance of a quotation for Goods by You from the Company shall be deemed to be an offer by You to buy Goods subject to these conditions.
1.5 No order placed by You shall be deemed to be accepted by the Company until a written acknowledgement of order is issued by the Company or (if earlier) the Company delivers the Goods to You.
1.6 You shall ensure that the terms of its order and any applicable specification are complete and accurate.
1.7 Any quotation is given on the basis that no Contract shall come into existence until the Company dispatches an acknowledgement of order to You. Any quotation is valid for a period of 30 days only from its date, provided that the Company has not previously withdrawn it.
2. Who we are
HABC can be contacted directly by any of the means below:
HABC limited, Highfield House, Sidings Court, Lakeside, Doncaster, DN4 5NL
Chief Executive - Jason Sprenger
3. E-mail and attachments
3.1 Highfieldabc.com limited 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 Highfieldabc.com limited, 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 Highfieldabc.com limited'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 so caused by opening a file from or indicating that it is from Highfieldabc.com limited.
4. Payment and delivery
4.1 Unless a specific agreement has been made, the following will apply: For orders within mainland UK your goods will be dispatched in accordance with the HABC Customer Services Statement.
4.2. For orders outside of the UK, delivery arrangements will be made on a case by case basis. Delivery charges may be shown as £0.00. You may be contacted before shipping to confirm the delivery costs.
4.3 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.
4.4 At any time before your order is dispatched, you have the right to cancel your order without payment or prejudice.
5. HABC General Conditions of Sale
5.1.1 Unless otherwise agreed all sales made by HABC are made under these conditions of sale. No variation of these conditions of sale or any terms supplied with any order form or other document provided by you will be binding on HABC unless accepted in writing by a Director of HABC.
5.1.2 All goods are subject to availability. As a result of continuous product improvement the specification or design of goods may vary from that shown.
5.1.3 It is your responsibility to ensure the suitability of the goods offered are for any particular purpose.
5.2.1 All rights reserved. No part of any logo, publication, training materials, CD ROM, DVD, video production or any of the author's works may be reproduced without the express permission of HABC. 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 permission in writing of HABC
5.3 Prices and Payment
5.3.1 All prices in our catalogue, leaflets, marketing materials and on our website are in pounds sterling, exclude VAT and delivery and were correct when published. HABC reserves the right to change the advertised price before an order is placed.
5.3.2 The goods remain the property of HABC until full payment has been received by HABC.
5.3.3 HABC 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.
5.4.1 For delivery timescales please refer to section 4.1.
5.4.2 Risk of loss or damage to the goods shall pass to you upon delivery whether or not they have been paid for.
5.4.3 Damage to goods must be noted at the time of delivery and claims must be notified to HABC within 3 days of delivery to you. Claims for non-delivery of goods must be notified to HABC within 7 days of the invoice date.
5.4.4 Faulty goods will be accepted for return within 14 days of delivery to you if they are returned undamaged, unless agreed otherwise.
5.4.5 Any goods returned to HABC without agreement or in a damaged condition, will be rejected and returned to you at your cost.
5.4.6 Proof of delivery of returned goods must be retained by the purchaser.
5.6.1 This clause sets out HABC's entire liability to the customer.
5.6.2 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
5.6.3 Nothing in these conditions excludes or limits the liability of HABC:
(a) for death or personal injury caused by HABC's negligence; or
(b) under section 2(3), Consumer Protection Act 1987; or
(c) for any matter which it would be illegal for the HABC to exclude or attempt to exclude its liability; or
(d) for fraud or fraudulent misrepresentation.
5.6.4 Subject to condition 5.6.2 and condition 5.6.3:
(a) HABC's total liability in contract, 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 the Contract price; and
(b) HABC shall not be liable to the customer 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.
5.7 The Consumer Protection (Distance Selling) Regulations 2000.
5.7.1 Consumers are entitled to a 7 day 'cooling off' period under the distance selling regulations, during which time you may return goods purchased through the web site, subject to condition 5.7.4, for a refund or exchange, for any reason.
5.7.2 If you wish to exercise your rights under these regulations, you can do so by informing us of your intentions in writing. In this case, any refund will be limited to the cost of the goods purchased only; shipping costs will not be refunded. You must return the goods to us within 7 working days of receipt of your written confirmation. 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.
5.7.3 Your refund will be issued within 28 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.
5.7.4 Applies to sales within EEA only. This right to cancel does not extend to: Any un-sealed audio or video recordings, computer software/files, personalized goods or goods made to a customer's specification, perishable goods and / or services, any copyright protected training materials.
6. The HABC Web-Site
6.1 The site is the copyright of HABC. All content, both textual and graphical, and its arrangement and distribution on the site is protected by international copyright law.
6.2 The site in full, or any part of the site, may not be reproduced, or stored in any form, either electronic or otherwise, without the prior written consent of HABC limited.
7. Personal Information
Your personal details may be kept by HABC limited if you choose to supply them. They will be kept for our records only and will be used only for our own marketing/promotional purposes, or for order/payment processing/monitoring. Your personal details WILL NOT be passed on to any third parties without your expressed 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.
7.2 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.
8. Credit/Debit Card Payment
8.1 The secure credit/debit card processing service for this site has been provided by Protx. Your details may be transferred to Protx for the sole purpose of processing any transactions you have instigated.
8.2 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.
8.3 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.
9.1 HABC may assign the Contract or any part of it to any person, firm or company.
9.2 You shall not be entitled to assign the Contract or any part of it without the prior written consent of HABC.
10. Force Majeure
10.1 HABC reserves the right to defer the date of delivery or to cancel the Contract or reduce the volume of the Goods ordered by the customer (without liability to the customer) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of HABC including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, 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, provided that, if the event in question continues for a continuous period in excess of 180 days, the customer shall be entitled to give notice in writing to HABC to terminate the Contract.
11.1 Each right or remedy of HABC under the Contract is without prejudice to any other right or remedy of HABC whether under the Contract or not.
11.2 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.
11.3 Failure or delay by HABC 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.
11.4 Any waiver by HABC 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.
11.5 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.
11.6 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.
12.1 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 HABC) to its registered office or such changed address as shall be notified to the Customer by HABC; 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 HABC by the Customer.
12.2 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.
13.2 By registering or placing an order on this site, you consent to the collection, use and transfer of your information under the terms of this policy.
13.3 When you visit, register or order products or services on highfieldabc.com you may be asked to provide certain information about yourself including your name, contact details and credit or debit card information. We may also collect information about your usage of our website as well as information about you from [messages you post to the website and] e-mails or letters you send to us.
13.4 Your information will enable us to provide you with access to all parts of our site and to supply the goods or services you have requested. It will also enable us to bill you and to contact you where necessary concerning your orders. We will also use and analyze the information we collect so that we can administer, support, improve and develop our business.
13.5 In particular, we may use your information to contact you for your views on our services and to notify you occasionally about important changes or developments to the site or our services. Further, where you have consented, we might also use your information to let you know about other products and services which we offer which may be of interest to you and we may contact you by post, telephone or fax, as well as by e-mail. If you change your mind about being contacted in the future, please let us know.
13.6 The information you provide to us will be held on our computers in the UK and may be accessed by or given to our staff working outside the UK and third parties including associated companies (including but not limited to Highfield.co.uk Ltd), some of whom are located outside the European Economic Area who act for us for the purposes set out in this policy or for other purposes approved by you. Those parties process information, fulfill and deliver orders, process credit card payments and provide support services on our behalf include other types of recipients. We may also pass aggregate information on the usage of our site to third parties but this will not include information that can be used to identify you.
13.7 Where you have consented when providing us with your details, we may also allow carefully selected third parties, including other companies in our group, to contact you occasionally about products and services which may be of interest to you including. They may contact you by post, telephone or fax, as well as by e-mail. If you change your mind about being contacted by these companies in the future, please let us know.
13.8 If our business enters into a joint venture with or is sold to or merged with another business entity, your information may be disclosed to our new business partners or owners.
13.9 Your information may also be used by any associated company, including but not limited to Highfield.co.uk Ltd.
13.10 Countries outside the European Economic Area do not always have strong data protection laws. However, we will always take steps to ensure that your information is used by third parties in accordance with this policy.
13.11 Unless required to do so by law or as otherwise set out in these terms and conditions, we will not share, sell or distribute any of the information you provide to us without your consent.
13.12 We employ security measures to protect your information from access by unauthorized persons and against unlawful processing, accidental loss, destruction and damage. We will retain your information for a reasonable period or as long as the law requires.
13.13 You are entitled to see the information held about you and you may ask us to make any necessary changes to ensure that it is accurate and kept up to date. If you wish to do this, please contact us. We are entitled by law to charge a fee of £10 to meet our costs in providing you with details of the information we hold about you.
13.15 All comments, queries and requests relating to our use of your information are welcomed and should be addressed to include full name, postal and e-mail address and telephone number, as well as the name of a contact person.
14.1 A 'Cookie' is a small piece of information which we store on your computer. Our system will issue cookies to your computer when you access the site. There are 2 types of Cookie:
- First Party Cookies; these are our own cookies and are controlled by us.
- Third Party Cookies; these are set and controlled by other organisations.
This site uses First Party Cookies only. Cookies make it easier for you to log on to and use the site during future visits and all of the cookies we use are essential to the effective operation of the site. Some cookies allow us to monitor website traffic in order to personalise the content of the site for you and to schedule maintenance and downtime. You may set up your computer to reject cookies, if you choose to do this, you may not be able to use certain features on our site, in which case please do call us on 0845 2260350 or e-mail us at email@example.com and we will deal with your enquiry personally.
First Party Cookies – All Users
||Stores server-side, user-specific data relating to a current browsing session.
||These are first party cookies for Google analytics and track how many times a visitor has been to the site.
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||b - c are a pair and work together to calculate how long a visit takes - b takes a time stamp of when a user enters a site - c takes a time stamp of when the user leaves - b expires at the end of the session - c waits 30mins and then expires.
|_utmb / _utmc
||Keeps track of where the visitor came from - what search engine used - what link the user clicked - what key word the user used and where they are in the world.
Additional First Party Cookies – Registered Centres
||Stores a unique identifier to allow the site to remember a user’s identity.
||Stores a unique identifier to allow the site to remember purchase details.
||Stores a unique identifier of the current logged in user’s role to ensure that the correct information is presented to them.
||Stores a unique identifier to allow the site to remember a centre’s identity.
||Stores the centre registration number to allow the site to remember a centre’s identity.
||Stores the tutor registration number to allow the site to remember a tutor’s identity.
||Stores the Internal Verifier registration number to allow the site to remember an Internal Verifier’s identity.
||Stores the unique identifier to allow the site to remember a tutor’s identity.
||Stores the unique identifier to allow the site to remember an Internal Verifier’s identity.
||Stores the designated role of the current logged in user to ensure that the correct information is presented to them.
||Stores details of the last products viewed by the user to allow relevant information to be presented.