FIRAExova

Bookshop Terms of Sale

Exova BM TRADA provides an online bookshop service supplying specialist publications to professionals for use in the course of their work.

1.

Orders

1.1

If you are placing an order on behalf of your company or organisation you are confirming that:

Your company or organisation agrees to these Terms of Sale;

You are authorised to place the order and agree to these Terms of Sale on its behalf, and you are not exceeding your authority.

1.2 If you are placing an order on your own behalf, by sending it to us you are agreeing to these Terms of Sale.
1.3 In either case you are confirming that you are 18 or over and are agreeing to our use of your personal data in accordance with our Privacy Policy.
Please read these Terms of Sale; they are important. If you do not agree to these Terms of Sale do not place an order.
1.4 Following receipt of the completed order and the appropriate payment under paragraph 4, we will let you know if we cannot, for any reason, accept and process your order. We are unable to supply customers in Sudan or Syria. You confirm that you are not based in either of these countries or a designated person under any applicable trade or economic sanctions, export control, embargo or similar laws, regulations, rules, measures, restrictions, restricted or designated party lists, licences, orders, or requirements in force from time to time, including without limit those of the European Union, the United Kingdom, the United States and the United Nations.
1.5 If we accept your order, we will confirm that acceptance to you by e-mail or by letter, and issue you with an Order Number. A contract will be created between Exova BM TRADA and you (where you are placing an order as an individual) or your company or organisation (where you have applied on its behalf) when we send that confirmatory e-mail or letter.
1.6 We reserve the right to refuse to accept any order, as we see fit, without having to give any reason. If we refuse to accept your order, or are unable to supply you with any item, for example because it is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our website, we will inform you of this by e-mail and we will not process your order. If you have already paid for the item, we will refund you the full amount including any delivery costs charged as soon as possible.
1.7 When you place an order with us, our server uses SSL (Secure Sockets Layer), to prevent your details being read whilst being transmitted over the internet. For e-books, following receipt of payment, we make use of a third party “watermarking” service. Further details are given in our Privacy Policy.
1.8

We may change these Terms of Sale at any time without giving notice, so please check them whenever you complete any order form.  Any change will apply to any order submitted to us after that revision has been published on this website.  Please note that these Terms of Sale or our Privacy Policy may change at any time, so please check them each time you visit this website.

1.9

We are Exova (UK) Limited, trading as Exova BM TRADA, a company registered in Scotland under registered number SC 070429 and part of the Exova Group. Exova BM TRADA’s registered office is at: Exova (UK) Ltd, Lochend Industrial Estate, Newbridge, Midlothian. EH28 8PL.  Our VAT Registration Number is GB 553526638.

2.

Delivery and Returns Policy

2.1 We will endeavour to deliver the items you have ordered within 7 working days (UK deliveries) after we accept your order and, if you are paying by cheque, after your cheque has cleared.  If we fail to deliver your completed order within 28 days, you may cancel any part of your order not yet received by contacting us at publications@bmtrada.com
2.2 If you are not satisfied with a print product we deliver to you, you may return it to us, at your expense, within 14 days of it having been delivered to you, and (subject to paragraph 2.3) we will provide you with a refund but we will not accept the return of any item unless it is returned to us in saleable condition. Returns of software, opened CDs (subject to paragraph 2.3) or files downloaded from our website (which includes pdf files and e-books) will not be accepted. Before you order from us any material that needs to be downloaded, you must ensure that you can download to your particular device it in the format specified, and we accept no responsibility or liability for any incompatibility with your particular device or the inability of your particular device to accept any download. British Standards are loose-leaf publications supplied direct from the publisher, BSI, which has a no-returns policy, therefore you may not return any British Standards after purchase.
2.3 If you return any print product, CD or USB memory stick to us within the 14-day period mentioned in paragraph 2.2 because it is defective, we will replace it with a new version.
2.4 The invoice must accompany each returned item.  Returns should be sent to the Bookshop, Exova BM TRADA, Stocking Lane, Hughenden Valley, High Wycombe, Bucks, HP14 4ND.
2.5 We reserve the right to make partial deliveries and to charge for items delivered, even though some items in your order may not have been delivered.

3.

Data Protection and Privacy

3.1 We want to protect the privacy of visitors to our website and that of our customers.  Please read our Privacy Policy; it will help you to understand how we use your personal data.  We may change our privacy policy at any time without giving you notice, so please check it each time you visit this website.
3.2  Whenever you give us personal data, you are consenting to its collection and use in accordance with our Privacy Policy.

4.

Prices and Payment

4.1 The prices payable are those in force at the date and time you send your order form to Exova BM TRADA.  We may change our prices at any time before the order form is sent to us.
4.2 You must pay by credit or debit card or by sending us a cheque at the time you send us your order. If the order is placed on behalf of a member of the Timber Research and Development Association (“TRADA”), we will send the paid invoice and the delivery to the member address. 
4.3 Details of our prices (including delivery charges) and the procedures for payment are displayed on the Bookshop website.
4.4 We try to ensure that the prices displayed on this website are accurate but the prices shown on your order form will need to be validated by us. We will inform you if our prices are higher than those stated in your order form and, if they are, you may cancel your order.
4.5 You undertake and warrant that all details provided to us for the purpose of placing your order will be correct, that the credit or debit card used belongs to the organisation on whose behalf you are placing the order or the person submitting the order form and that there are sufficient funds or credit facilities to cover all sums due to us.
4.6 We reserve the right to obtain validation of any credit or debit card details and to clear any cheque before accepting any order.
4.7 Fees are exclusive of Value Added Tax (which will be at the rate applicable when your order is accepted by us) and all similar taxes or duties. Where delivery is to be to a country outside the UK, you are responsible for payment of any import duties and taxes and for compliance with applicable laws and regulations relating to the items purchased from us.

5.

Accuracy of Information, Warranties and Disclaimer

5.1 We try to ensure that any information and material on this website that has been supplied by us is accurate, but we make no representation and give no warranty that any information or material is accurate, up to date or complete.  We accept no liability for any loss or damage caused by inaccurate information or material, whether supplied by us or by a third party.
5.2

If you find any inaccurate, out of date or incomplete information or material on this website, or if you suspect that something is an infringement of intellectual property rights, please let us know immediately by contacting:

Tel: 01494 569602

Email: publications@bmtrada.com
5.3

We only supply the items which you order from us for internal use by your business, and you agree not to    use items for any resale purposes.

 5.4

Nothing in these Terms of Sale limits or excludes our liability for:

(a)                  death or personal injury caused by our negligence;

(b)                  fraud or fraudulent misrepresentation;

(c)                  breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or

(d)                  defective products under the Consumer Protection Act 1987.

 5.5  Subject to paragraph 5.4, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the contract between us for:

5.5.1         any loss of profits, sales, business, or revenue;

5.5.2         loss or corruption of data, information or software;

5.5.3         loss of business opportunity;

5.4.1         loss of anticipated savings;

5.4.2         loss of goodwill; or

5.4.3         any indirect or consequential loss.

5.6

Our total liability to you in respect of all other losses arising under or in connection with the contract between you and us, as referred to in paragraph 1.5, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the items which you have ordered from us and which are the subject of such contract.

 5.7

 Except as expressly stated in these Terms of Sale, we do not give any representation, warranties or undertakings in relation to the goods sold to you. Any representation, condition or warranty which might be implied or incorporated into these Terms of Sale by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the goods are suitable for your purposes.

6.

General

6.1 If we fail to insist that you perform any of your obligations under these Terms of Sale, 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.
6.2 If any provision of these Terms of Sale is (for any reason), held to be unenforceable, illegal or invalid in some other way, the unenforceable, illegal or invalid provision will not affect the remainder of these Terms of Sale and they will continue in full force and effect.
6.3 These Terms of Sale are governed by English law and you agree to submit to the exclusive jurisdiction of the courts of England and Wales.  The place of performance will be England.
6.4 No addition to or modification of any provision of these Terms of Sale will be binding on us unless made in writing and signed by our duly authorised representatives.  "Writing" includes e-mail.
6.5 These Terms of Sale together with our Privacy Policy, your order form and any payment method instructions contain the entire agreement and understanding relating to the subject matter of your order.  They supersede and extinguish any earlier agreements, understandings or arrangements (whether oral and written) relating to that subject matter.