echo3education Terms and Conditions of Supply
These Terms and Conditions will apply to any agreement between us for the sale of Courses to you (Agreement). Please review these Terms and Conditions carefully and make sure that you understand them before placing an order for any Courses from our site. Please note that before you make an order you will be asked to agree to these Terms and Conditions. If you refuse to agree to any of these Terms and Conditions, you will not be able to order any Courses from our site.
We review and make amendments to these Terms and Conditions from time to time as described in clause 8. For every occasion on which you wish to make an order for Courses, please check these Terms and Conditions to ensure you understand the Terms and Conditions which will apply at that time. These Terms and Conditions were most recently updated on 1st August 2017
These Terms and Conditions, and any Agreement between us, are only in the English language.
INFORMATION ABOUT US
1.1 We manage and run the website www.echo-3.co.uk. We are Echo3 Education Limited, a company registered in Scotland under company number SC543210 and with our registered office at Echo3 Education Limited, Loaning Mills, Edinburgh, Scotland, EH7 6LL which is also our main trading address. Our VAT number is 263 1385 12.
1.2 Contacting us if you are a consumer:
- (a) To cancel an Agreement in accordance with your legal right to do so as described in clause 9, you just need to tell us that you have decided to cancel. The simplest way to do this is by emailing us at email@example.com. You may also contact our Customer Services team by telephone on 0131 6618253. If you decide to email or write to us, please set out full details of your order to allow us to confirm the identity of it. If you send us your notice of cancellation by post or by e-mail, then your cancellation will take effect from the date on which you post us the letter or send us the e-mail.
- (b) If you decide to get in touch with us for any other reason, including because you have any complaints, you can contact us by telephoning our customer service team at 0131 6618253 or by e-mailing us at firstname.lastname@example.org.
- (c) If we have to contact you or give you any notice under this Agreement in writing, we will do so by pre-paid post to the address you stated in your order or by e-mail.
1.3 Contacting us if you are a business. You may contact us by telephoning our customer service team at 0131 6618253 or by e-mailing us at email@example.com. If you would like to give us formal notice of any matter in accordance with these Terms and Conditions, please see how to do this at clause 16.3.
2.1 The images of the Courses as presented on the website (consisting of online courses and associated materials) are set out for illustrative purposes only. Although we have made every effort to display the same colours, type of questions asked and information given accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Courses and/or that the questions and information will be exactly the same. Your Courses may vary slightly from those images.
USE OF OUR SITE
Your use of our site is governed by our Terms and Conditions of website use and Website Acceptable Use Policy. Please take the time to read these, as they include important Terms and Conditions which apply to you.
HOW WE USE YOUR PERSONAL INFORMATION
IF YOU ARE A CONSUMER
This clause 5 only applies if you are a consumer.
5.1 If you are acting as a consumer, you may only purchase Courses from our site if you are at least 18 years old.
IF YOU ARE A BUSINESS CUSTOMER
This clause 6 only applies if you are a business.
6.1 If you are not acting as a consumer, you confirm that you have sufficient authority to bind any business on whose behalf you use our site to purchase the Courses.
6.2 These Terms and Conditions and any document expressly referred to in them constitutes the whole agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
6.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement.
HOW THE AGREEMENT IS FORMED BETWEEN YOU AND US
7.1 Our course selection pages 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 finally submitting your order to us. Please take the time to carefully review and check your order at each page of the order process.
7.2 After your order is placed, you will receive an e-mail from us confirming that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 7.3.
7.3 We will confirm our acceptance to you by sending you an e-mail to confirm the delivery of your course (Confirmation Email). The Agreement between us will only be formed when we send you the Confirmation Email.
7.4 If we are unable to supply you with a Course, for example because that Course is no longer available or because of an error in the price on our site as referred to in clause 11.4, we will inform you of this by e-mail and we will not process your order any further. If the Courses have already been paid for, we will refund you the full amount including any delivery costs charged as soon as we are able.
OUR RIGHT TO MODIFY THESE TERMS AND CONDITIONS
8.1 We review and amend these Terms and Conditions from time to time. Please see the top of this page to see when these Terms and Conditions were last updated and which Terms and Conditions were varied.
8.2 Every time you order Courses from us, the Terms and Conditions in effect at the time of your order will be the ones applicable to the Agreement between you and us.
8.3 We may review and vary these Terms and Conditions as they are applicable to your order from time to time to reflect changes in regulatory requirements and relevant laws.
8.4 If we have to revise these Terms and Conditions as they apply to your order, we will get in touch with you to give you reasonable advance notice of the changes and let you know how you may cancel the Agreement if you do not agree with the changes. You may cancel the agreement either in respect of all the affected Courses or just the Courses you have yet to receive. If you decide to cancel, you will have to return (at our cost) any relevant Courses you have already received and we will arrange a full refund of the price you may paid, including any delivery charges.
YOUR CONSUMER RIGHT OF RETURN AND REFUND
This clause 9 only applies if you are a consumer.
9.1 If you are a consumer, you have a legal right to cancel an Agreement under the Consumer Agreements (Information, Cancellation and Additional Charges) Regulations 2013 during the period which is set out below in clause 9.3. 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 or keep a Course, you can advise us of your decision to cancel the Agreement and receive a refund. Information and advice about your legal right to cancel the Agreement is available from your local Citizens’ Advice Bureau or Trading Standards office.
9.2 However, this cancellation right does not apply in the case of:
- (a) sealed audio or sealed video recordings or sealed computer software, once these Courses are unsealed after you receive them.
- (b) any Courses which become mixed inseparably with other items after their delivery.
9.3 Your legal right to cancel an Agreement commences from the date of the Confirmation Email (the date on which we e-mail you to confirm our acceptance of your order), which is when the Agreement between us is formed. Your final date to cancel the Agreement will then depend on what you have ordered and how it is to be delivered, as described in the table below:
|YOUR AGREEMENT||END OF THE CANCELLATION PERIOD|
|Your Agreement is for a single Course (which is not delivered in instalments on separate days).||The end date is the end of 14 days after the day on which you receive the Course.
Example: if we send you a Confirmation Email on 1 January and you receive the course on the same date you may cancel at any time between 1 January to 15 January.
|Your Agreement is for either of the following:
• one Course which is delivered in instalments on separate days.
• multiple Courses which are delivered on separate days.
|The end date is 14 days after the day on which you receive the last instalment of the Course or the last of the separate Courses ordered.
Example: if we send you a Confirmation Email on 1 January and you receive the first instalment of your Course or the first of your separate Courses on the same date and the last instalment or last separate Course on 15 January you may cancel in respect of all instalments and any or all of the separate Courses at any time between 1 January and the end of the day on 29 January.
|Your Agreement is for the regular delivery of a Course over a set period.||The end date is 14 days after the day on which you receive the first delivery of the Courses (which in the case of electronic courses are usually sent directly by e-mail).
Example: if we send you a Confirmation Email on 1 January in respect of Courses to be delivered at regular intervals over a year and you receive the first delivery of your Course on 10 January, you may cancel at any time between 1 January and the end of the day on 24 January. 24 January is the last day of the cancellation period in respect of all Courses to arrive during the year.
9.4 To cancel an Agreement, you just need to let us know that you have decided to cancel. Email firstname.lastname@example.org
You may also e-mail us at email@example.com or contact our Customer Services team by telephone on 0131 661 8253. If you decide to e-mail us or contact us in writing please include details of your order to help us to identify it. If you send us your notice of cancellation by e-mail or by post, then your cancellation will take effect from the date you send us the e-mail or post the letter to us. For example, you will have given us notice in the correct time as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day.
9.5 If you decide to cancel your Agreement we will:
- (a) refund the price paid for the Courses to you. However, you should be aware that we are permitted by law to reduce your refund to reflect any reduction in the value of the courses (if the course is delivered in whole or part in a ‘hard format’ rather than purely electronic), if this has been caused by your handling them in a way which would not be permitted in a shop.
- (b) refund any delivery costs you may have paid for our courses which are not purely delivered electronically, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a Course within 3-5 days at one cost but you choose to have the Course delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
- (c) process any refunds due to you as soon as possible and in any event within the deadlines indicated below:
- (i) if you have received the Course and we have not provided an offer to collect it from you: 14 days following the day on which we receive the Course after you have returned it to us, if earlier, the day on which you provide us with evidence to show that you have returned the course to us. For information about how you may return a Course to us, see clause 9.8;
- (ii) if you have not yet received the Course or if you have received it and we have offered to collect it from you: 14 days after you advise us of your decision to cancel the Agreement.
9.6 If you have returned the Courses to us pursuant to this clause 9 because they are mis-described or defective, we will provide you with a refund of the price of the Courses in full, together with any delivery charges that may apply, and any reasonable costs you may incur in returning the item to us.
9.7 We will refund you on the debit or credit card that you used to pay (or by another method subject to our agreement and your original method of payment).
9.8 If materials for a Course have been delivered to you before you make a decision to cancel your Agreement:
- (a) then you must return all materials to us without delay and no later than 14 days after the day on which you advise us that you wish to cancel the Agreement. You can either send it back to our registered office or alternatively we may arrange to collect the Course materials from the address to which they were delivered. We will contact you to arrange a suitable time to collect the materials;
- (b) unless the Course Materials are defective or not in accordance with their description (in this case, see clause 9.6), you will be responsible for the cost of returning the Courses to us. If we have offered to collect the Course from you, we will charge you the direct cost to us of collection.
9.9 Because you are a consumer, we are under a legal duty to supply Courses that are in conformity with this Agreement. As a consumer, you have legal rights in relation to Courses that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 9 or anything else set out in these Terms and Conditions.
10.1 The majority of our courses are electronic courses which will be delivered automatically and in accordance with the Confirmation Email (the date on which we e-mail you to confirm our acceptance of your order). For any other courses which are delivered in a hard format we will confirm an estimated delivery date in our Confirmation Email (the date on which we e-mail you to confirm our acceptance of your order). Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 15 for details of our responsibilities when this happens.
10.2 Delivery of an Order shall be completed when we deliver the Courses to the address you gave us and the Courses will be your responsibility from that time.
10.3 Except in the case of courses delivered electronically and unless agreed otherwise we do not deliver courses internationally.
This clause only applies if you are a consumer.
10.4 If we miss the agreed delivery date for any Courses then you may cancel your Order straight away if any of the following circumstances apply:
- (a) we have refused to deliver any of the Courses;
- (b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
- (c) you told us before we accepted your order that delivery within the delivery deadline was essential.
10.5 If you decide that you do not wish to cancel your order immediately, or do not have the right to do so under clause 10.44, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.
10.6 If you do choose to cancel your Order for late delivery under clause 10.5 or clause 10.6, you may do so for just some of the Courses or all of them, unless splitting them up would substantially diminish their value. If the Courses have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your Order we will refund any sums you have paid to us for the cancelled Courses and their delivery.
10.7 In the case of courses delivered electronically, these will be delivered immediately either at the same time or following the Confirmation Email.
PRICE OF COURSES AND DELIVERY CHARGES
11.1 The prices of the Courses will be as quoted on our site at the time you submit your order. We take all reasonable care to make sure that the prices of Courses are correct at the time when they are entered onto the system. However please see clause 11.4 for what happens if we discover an error in the price of the Course(s) you ordered.
11.2 Prices for our Courses may vary from time to time, but changes will not affect any order you have already placed.
11.3 The price of a Course includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT varies between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Courses in full before the change in VAT takes effect.
11.4 The price of a Course does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order. In the case of electronic courses (where no hard copies of materials are delivered), there is of course no separate delivery charge.
11.5 Our site contains a large number of Courses. It is always possible that, despite our best efforts, some of the Courses on our site may not be correctly priced. If we find an error in the price of the Courses you have ordered we will contact you to advise you of this error and provide you with the option of continuing to purchase the Course at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Courses to you at the incorrect (lower) price.
HOW TO PAY
12.1 You can only pay for Courses using a debit card, credit card or Paypal. We accept the following cards: [Mastercard, Visa, Visa Electron, American Express].
12.2 Further and subject to our agreement you may request delivery of an invoice from us and make payment for Courses by bank transfer or cheque (although full payment must usually be received in advance of access to the Courses).
12.3 Payment for the Courses and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we dispatch your order.
OUR LIABILITY IF YOU ARE A BUSINESS
This clause 13 only applies if you are a business customer.
13.1 We only supply the Courses for internal use by your business, and you agree not to use the Course for any resale purposes.
13.2 Nothing in these Terms and Conditions 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 and Conditions implied by section 12 of the Sale of Courses Act 1979 (title and quiet possession); or
- (d) defective Courses under the Consumer Protection Act 1987.
13.3 Subject to clause 13.2, we will under no circumstances whatever be liable to you, whether in Agreement, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Agreement for:
- (a) any loss of profits, sales, business, or revenue;
- (b) loss or corruption of data, information or software;
- (c) loss of business opportunity;
- (d) loss of anticipated savings;
- (e) loss of goodwill; or
- (f) any indirect or consequential loss.
13.4 Subject to clause 13.2, our total liability to you in respect of all losses arising under or in connection with the Agreement, whether in Agreement, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Courses.
13.5 Except as expressly stated in these Terms and Conditions, we do not give any representation, warranties or undertakings in relation to the Courses. Any representation, condition or warranty which might be implied or incorporated into these Terms and Conditions 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 Courses are suitable for your purposes.
OUR LIABILITY IF YOU ARE A CONSUMER
This clause 14 only applies if you are a consumer.
14.1 If we fail to comply with these Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions 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 Agreement.
14.2 We only supply the Courses for domestic and private use. You agree not to use the Course 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.
14.3 We do not in any way exclude or limit our liability for:
- (a) death or personal injury which caused by our negligence;
- (b) fraud or fraudulent misrepresentation;
- (c) any breach of the Terms and Conditions which are implied by section 12 of the Sale of Courses Act 1979 (title and quiet possession);
- (d) any breach of the Terms and Conditions which are implied by section 13 to 15 of the Sale of Courses Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
- (e) defective Courses under the Consumer Protection Act 1987.
EVENTS OUTSIDE OUR CONTROL
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under an Agreement that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 15.2.
15.2 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.
15.3 If an Event Outside Our Control takes place that affects the performance of our obligations under an Agreement:
- (a) we will contact you as soon as reasonably possible to notify you; and
- (b) our obligations under this Agreement 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 Courses to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
15.4 You may cancel an Agreement 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, you will have to return (at our cost) any relevant Courses you have already received and we will refund the price you have paid, including any delivery charges.
COMMUNICATIONS BETWEEN US
16.1 When we refer, in these Terms and Conditions, to “in writing”, this will include e-mail.
16.2 If you are a consumer you may contact us as described in clause 1.2.
16.3 If you are a business:
- (a) Any notice or other communication given by you to us, or by us to you, under or in connection with the Agreement shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.
- (b) A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or if sent by e-mail, one Business Day after transmission.
- (c) In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified firstname.lastname@example.org of the addressee.
- (d) The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
OTHER IMPORTANT TERMS AND CONDITIONS
17.1 We may transfer our rights and obligations under this Agreement to another organisation, but this will not affect your rights or our obligations set out under these Terms and Conditions.
17.2 You may only transfer your rights or your obligations under these Terms and Conditions to another person if we agree to this in writing.
17.3 This Agreement is between you and us. No other person shall have any rights to enforce any of the Terms and Conditions contained in it, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
17.4 Each of the paragraphs of these Terms and Conditions 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.
17.5 If we fail to insist that you perform any of your obligations under this Agreement, 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.
17.6 If you are a consumer, please note that this Agreement is governed by Scottish law. This means an Agreement for the purchase of Courses through our site and any dispute or claim arising out of or in connection with it will be governed by Scottish law. You and we both agree that the courts of Scottish will have non-exclusive jurisdiction.
17.7 If you are a business, any dispute or claim arising out of this Agreement or in connection with it or its subject matter or formation (including disputes or claims arising outside the ambit of this agreement) shall be governed by and construed in accordance with the law of Scotland
17.8 If you are a business, we both irrevocably agree that the courts of Scotland will have exclusive jurisdiction to settle any dispute or claim which arises out of or in connection with this Agreement or its subject matter or formation (including disputes or claims arising outside the ambit of this agreement).