Ifast Fire and Safety Training > Admin > Terms & Conditions

Terms & Conditions

Terms, Conditions and Privacy for the Independent Fire & Safety Training Ltd website
Last Updated: January 2016

Introduction

  • This web site is owned and run by Independent Fire & Safety Training website
  • This website was designed by Access –by Design, http://www.access-bydesign.com
  • This document governs the terms and conditions of the use of the services and the privacy provided on the Independent Fire & Safety Training website
  • The Independent Fire & Safety Training website is committed to safeguarding your privacy online. The purpose of this document is to inform you of terms of use of the website and what personal information the Independent Fire & Safety Training website collects and the purposes for which it uses this information.
  • Please read this document carefully.
  • If you are not happy with our terms, conditions and privacy as laid out in this document, please do not use the Independent Fire & Safety Training website
  • If you wish to contact Independent Fire & Safety Training website concerning any matter relating to your personal information then please contact us in writing.
  • These terms and conditions may be modified by from time to time so please check occasionally. Continued use of the website by you will constitute your acceptance of any changes or revisions of this document that may happen.
  • The Website

    • All material on this website belongs to Independent Fire & Safety Training website or its website designers, licensors or third-party contractors.
    • All images are copyrighted, either from stock image licensing, graphic design from Access –by Design (as designers) or Independent Fire & Safety Training website, itself.
    • You may retrieve and display content from this website for your own personal, non-commercial use.
    • You may not in any way make commercial or other unauthorised use, by publication, re-transmission, distribution, performance, caching or otherwise, of material obtained through this website
    • You acknowledge that the original designers, Access –by Design, do not endorse the content of this site after the initial design period has expired (i.e. when the site goes ‘live’)
    • You acknowledge that the original designers, Access –by Design or Independent Fire & Safety Training website cannot be held responsible for the contents of any website linked to from this website. Using hyperlinks to any other service or site from this website is done at your sole risk.

    Material

    West Wing, The Granary, Oak Lane, Apuldram, Chichester PO20 7EQ
    Tel: 01243 776399
    Email: info@access-bydesign.com
    Web: www.access-bydesign.com

    • Any third party website, company or organisation other than the original designer, Access-by Design that links to this web site must not do any of the following;
      • create a frame or any other browser or border environment around the content of this site;
      • imply that Independent Fire & Safety Training website is endorsing it or its products or services;
      • use any of Independent Fire & Safety Training website logo or images displayed on Independent Fire & Safety Training website web site without permission from Independent Fire & Safety Training website
      • infringe any intellectual property or other right of any person;
      • Be a web site that contains content that could be construed as distasteful, offensive or controversial.
      • RSS may be used but under strict accreditation of source
    • Independent Fire & Safety Training website reserves the right to request that any link in breach of these terms be removed and to take whatever other action it deems appropriate.

    Copyright

    • Access-by Design respects the intellectual property of others, and we ask our clients to do the same. If Independent Fire & Safety Training website has used copyrighted material in the ongoing development of its own site, Access-by Design cannot be held responsible for this. However, as clients are informed of copyright and the internet, we trust that it is usually done in ignorance.
    • The clients of Access – by Design websites (including Independent Fire & Safety Training website) are not web designers and may make mistakes in ignorance.
    • If you believe that your work has been copied and is accessible on Independent Fire & Safety Training website web site in a way that constitutes copyright infringement, or that the web site contains links or other references to another online location that contains material or activity that infringes your copyright, we would ask affected parties to simply contact Independent Fire & Safety Training website to remove offending material, rather than taking aggressive action.
    • If no response can be had from Independent Fire & Safety Training website, please contact Access-by Design at: http://www.access-bydesign.com

    Disclaimer of Warranty and Limitation of Liability

    In using this website:

    • You acknowledge that you are using the website at your own risk. The website is provided "as is," and to the extent permitted by applicable law, Independent Fire & Safety Training website, Access –by Design and its affiliates hereby expressly disclaim any and all warranties, express and implied, including but not limited to any warranties of accuracy, reliability, title, merchantability, non-infringement, fitness for a particular purpose or any other warranty, condition, guarantee or representation, whether oral, in writing or in electronic form, including but not limited to the accuracy or completeness of any information contained therein or provided by the website
    • Independent Fire & Safety Training website and Access –by Design and its affiliates have taken steps to provide a reliable, secure and fast service. However, neither Independent Fire & Safety Training website nor its affiliate do represent or warrant that access to the website will be uninterrupted or that there will be no failures, errors or omissions or loss of transmitted information, or that no viruses will be transmitted on the service.
    • There are links on Independent Fire & Safety Training website to third party web sites which Independent Fire & Safety Training website has no control over. Independent Fire & Safety Training website accepts no responsibility or liability for any third party practices on third party websites. Independent Fire & Safety Training website advises you to carefully read 3rd party privacy statements prior to the use of any third party website.
      Independent Fire & Safety Training website and its affiliates shall not be liable to you or any third parties for any direct, indirect, special, consequential or punitive damages allegedly sustained arising out of;

      • your access to or inability to access the website, including for viruses alleged to have been obtained from the website;
      • your use of or reliance on the website or any of the information or materials available on the website

      regardless of the type of claim or the nature of the cause of action, even if advised of the possibility of such damages

    Privacy

    • The information that you provide about yourself to Independent Fire & Safety Training website will only be used by Independent Fire & Safety Training website in accordance with this document. This document does not apply to third party sites

    Disclosures

    • Independent Fire & Safety Training website may disclose your information, under strict terms of confidentiality and restriction of use, to partners of Independent Fire & Safety Training website who supply services on behalf of Independent Fire & Safety Training website and who require to process personal data in the provision of such services. When you use Independent Fire & Safety Training website services you are consenting to the disclosure of your personal information to Independent Fire & Safety Training website partners. Independent Fire & Safety Training website will not disclose any of your personal information to any other third parties without your express consent.
    • However, under certain circumstances the force of law may require the provision of information to legal authorities. In order to maintain the integrity of its website and safeguard the interests of its users, Independent Fire & Safety Training website will comply with any such legally binding request.
    • You agree that this document, for all purposes, shall be governed by and construed in accordance with English law. You also agree, subject to the following clause, to submit to the exclusive jurisdiction of the English courts as regards any claim or matter arising under this Agreement.
    • For the exclusive benefit of Independent Fire & Safety Training website shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence.

    Information Collected

    • Identifiable information - Your information is collected when you fill in a form on Independent Fire & Safety Training website, or you send an email to Independent Fire & Safety Training website or register any forum on the site. The information that is provided by you will only be used for the purpose for which it is provided, unless you are informed otherwise at the time of giving the information. You may inform Independent Fire & Safety Training website at any time if you wish Independent Fire & Safety Training website to cease using your personal information.
    • Non identifiable information - Independent Fire & Safety Training website will from time to time collect information from you that does not reveal your personal identity. Independent Fire & Safety Training website uses this information for editorial purposes, and occasionally for other internal purposes. This information is only used in aggregate form and is not connected to any name, address or other personal identifying information.

    Use of personal information

    • Independent Fire & Safety Training website processes personal information for the purpose of providing a personalised service, conducting market research surveys, running competitions and providing you with information about products and services on offer.
    • Independent Fire & Safety Training website may from time to time use your contact information to tell you about news or events provided by Independent Fire & Safety Training website or one of its strategic partners. You may opt-out of receiving such mailings at any time.

    International Transfers

    • Due to the international nature of the Internet, the collecting and processing of your personal information in accordance with Independent Fire & Safety Training website privacy document will often involve transferring the data between countries in which Independent Fire & Safety Training website and strategic partners are located.
    • Independent Fire & Safety Training website shall take steps to ensure that any transfer of data to a country or territory outside the European Economic Area, whose laws provide for a different standard of protection for your personal data than that provided under English law, shall be made subject to contractual arrangements which will require that your data be processed to at least a standard compliant with the Data Protection Act 1998.

    Security

    • This Website has has tried to ensure there are security measures in place to protect against loss, misuse and alteration of your personal information but only where possible and practical. Users of this website are expected to take their own security measures, including using a secure, standards compliant browser, ad-blockers, high browser security options, their own firewall, antivirus (including adware protection) and internet browsing protection.
    • Although Independent Fire & Safety Training website strives to protect your personal information, Independent Fire & Safety Training website cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk. Once Independent Fire & Safety Training website receives the transmission, Independent Fire & Safety Training website makes best efforts to ensure the security on the system.

    Terms and Conditions of Sale

    • 1. Definitions

      "Company" means Independent Fire & Safety Training Ltd.
      "Consumer" means an individual who is not acting for the purposes of his or her business or profession.
      "Customer" means any person, body of persons, firm or company (acting in its own right or through any employee or agent) with whom the Company enters into a contract for the sale of the Goods by the Company.
      "Contract" means any contract describe in the above definition of “Customer”.
      "Goods" means the products offered for sale by the Company on its website www.ifast-online.co.uk
      "Website" means www.ifast-online.co.uk

    • 2. Terms & Conditions Apply to all Contracts

      2.1 All Contracts between the Company and the Customer are subject to these terms and conditions which shall be deemed to be incorporated into any Contract between the Company and all or any of its Customers.

      2.2 In the event of any conflict between these terms and conditions and any other terms and conditions, whether express or implied, incorporated or referred to in any communication from the Customer then these terms and conditions shall prevail and the Customer's terms and conditions shall be excluded in whole from the Contract.

    • 3. Acceptance of Customer’s Order by the Company

      3.1 Cancellation of orders by business to business customers is not accepted as many orders are despatched on the same day the order is placed. Cancellation of orders by Consumers will be accepted in accordance with the Consumer Protection (Distance Selling) Regulations 2000. Nothing in these Terms and Conditions is intended to impinge on a Consumer’s statutory or contractual rights to reject faulty goods.

      3.2 The Company's acceptance of the Customers order (including telephone orders) shall be effective, and the Contract shall be deemed to come into existence, only where such acceptance is made by way of confirmatory email by the Company to the Customer or where the Company commences delivery of the Goods to the Customer.

      3.3 All Contracts are subject to acceptance by the Company and to the availability of Goods ordered. The Company may in its absolute discretion refuse any order for Goods placed by a Customer.

    • 4. Specification

      4.1 The description and illustrations of the Goods shown on the Company’s Website (or given to the Customer over the telephone or by fax) are intended to be an illustration only and shall not form part of the Contract.

      4.2 The Company shall not be liable for any variations in any specification or description of the Goods which do not materially affect the specification, use and operation of the Goods. The Company shall be entitled to substitute any Goods ordered with goods of similar quality (i.e. EN Approved & Kite Marked) and capacity. The Company reserves the right to make any changes in the specification so as to conform to any applicable safety or other statutory requirements.

    • 5. Prices

      5.1 All prices shall be paid in Sterling.

      5.2 All Goods as well as VAT are invoiced at the price prevailing at the time of Contract unless otherwise agreed in writing. All prices published on the Company's Website are subject to variation at any time prior to acceptance of the Customer's order by the Company.

      5.3 All prices are given by the Company are on an ex works basis.

    • 6. Customer's Responsibilities and Warranty

      6.1 The Customer undertakes that;
      (1) all details provided to the Company for the purpose of purchasing the Goods offered on the Website are correct and accurate; the Customer shall pay any extra costs incurred by the Company in attempting to deliver the Goods if the delivery address provided by the Customer is inaccurate or incomplete. The Company may withhold re-despatch of the Goods until such costs as well as (at the Company’s sole discretion) reasonable storage charges are paid by the Customer.
      (2) any cheque, credit or debit card used to make a purchase from the Company is the Customer’s own cheque or card or the cheque/card of the Customer’s business and the Customer undertakes that he is authorised to use it and that there are sufficient funds or credit facilities to cover the cost of any Goods ordered. The Company reserves the right to obtain validation of your credit or debit card or to carry out credit checks before supplying the Goods.

      6.2 Guidance on the choice, use and maintenance of equipment offered for sale by the Company is available upon request. The initial assessment of which type, size and location of extinguisher is the responsibility of the customer. The Customer is ultimately responsible for ensuring the equipment purchased is compliant with current legislation applicable to their premises, Building Regulations and good practice. All electrical equipment requiring mains power supply must be installed by a qualified electrician to current IEEE regulations.

    • 7. Payment

      7.1 All Goods supplied to consumers must be paid for in full prior to despatch, either by BACS, PayPal, cheque or credit/debit card. Goods will not be despatched until cleared funds have been received. Customers paying by cheque must allow at least 7 working days for bank clearance of the cheque.

      7.2 The Company makes no additional charge for payment by credit card.

    • 8. Delivery/Delivery Charges

      8.1 The Company will endeavour to deliver the Goods within 3 working days of cleared funds being received by the Company. However any delivery time given is only an estimate as the Company is reliant on external courier companies over which it has no influence. No liability is accepted for failure to deliver the Goods within the endeavoured time if a delay is caused by circumstances beyond the control of the Company, such as delays caused by delivery companies or manufacturers lead times. The Company will advise the Customer of any delay and the Customer shall be entitled to cancel the order within 24 hours of being notified if the revised expected delivery date is unacceptable.

      8.2 Shipments above 2kg in weight are sent with overnight courier transport normally for next day delivery subject to stock being available) . Lighter parcels up to 1.5 kg are sent with Royal Mail Registered Post (2-3 days) or Royal Mail Special delivery up to 2kg (next day) if requested. If the consumer adds special delivery instructions, e.g. 'please leave parcel on back door step if not in', the Company cannot provide proof of delivery, should the parcel go missing. The Company will, however, provide a proof of shipping, if requested. The Consumer is responsible for any losses suffered as a result of a parcel being left in a specific location at their request. If the Customer is not in residence when a delivery is attempted, the delivery driver will leave a card with details of the time delivery was attempted and the telephone number of the local parcel depot for the Customer to re-arrange delivery or collection. Please note that if the parcel cannot be delivered after several days and has to be returned, the Company reserve the right to charge the Customer a second delivery charge for re-delivery, should the Customer still wish to receive the product. Alternatively, the Company may at their discretion cancel the order and issue a refund.

      8.3 Goods will only be despatched after either (1) credit/debit card payment has been accepted by the card provider or (2) the Customer’s cheque has cleared in full.

      8.4 Title to the Goods passes to the customer on the Goods leaving the Company’s premises. Delivery of the Goods shall be deemed to have take place:
      (1) if the Goods are delivered by a delivery company, when the Goods are unloaded at the address specified by the Customer;
      (2) if the Goods are collected by the Customer, when the Goods are handed to the Customer at the Company’s registered office premises.

      8.5 All Goods are visually inspected by the Company and despatched free of external damage. It is the Customer’s responsibility to check the Goods immediately on receipt for (1) external damage and (2) in regard to fire extinguishers, for accuracy of pressure (i.e. within green scale on gauge).

      8.6 In the case of Business Customers, the Company does not accept liability for shortages or damage to Goods delivered unless the Customer advises the Company of such defects of the Goods within 3 days of receipt of the Goods. In the case of Consumers, they should notify shortages or damage within a reasonable period of becoming aware of the same.

      8.7 The Customer may request from the Company a proof of delivery, provided that this request is made in writing within 3 months of the date of despatch and the company shall use reasonable endeavours to provide such proof. After 3 months, delivery shall be deemed to have been successfully completed.

      8.8 The Company may elect to deliver the Goods in instalments and no failure by the Company in respect of any one or more instalments shall entitle the Customer to treat the Contract as a whole as repudiated.

    • 9. Goods or Services not conform to Contract

      9.1 The Customer shall be deemed to have examined the Goods upon delivery thereof (time being of the essence) and to have satisfied itself that they conform to Contract. A claim that Goods are not in accordance with the Contract will not be accepted by the Company unless notice in writing, specifying the alleged default, is given to the Company within 14 days of delivery of the Goods. The Company gives no other warranty on the Goods other than the manufacturer’s warranty. Where the manufacturer’s warranty requires the return of the Goods to the Company within 14 days of receipt, the Company will only accept returns of allegedly defective Goods within this time frame. If the Customer returns the allegedly faulty Goods to the Company and the Company agrees with the Customer’s claim, the Company will replace the faulty Goods free of charge within 21 days of receipt of the faulty Goods.

      9.2 Proof of postage is not proof of delivery and the Customer is strongly advised to return the Goods by recorded delivery, registered post or courier and to insure the Goods for their full value. The Company does not accept liability for damage in transit. It is the Customer’s responsibility to package the Goods adequately.

      9.3 Subject to the right of Consumers under The Consumer Protection (Distance Selling) Regulations 2000, the Company does not accept liability for the suitability or specification of the Goods. It is the Customer’s sole responsibility to chose Goods from the Company’s range which are suitable and have the correct specification for the Customer’s purposes. The company does not accept returns whereby the customer, after receipt, decides are unsuitable for their needs.

      9.4 Failure to notify the Company of the non-delivery of the Goods, or any of them within 14 days of the due date for delivery will release the Company from liability for claims for non-delivery.

      9.5 Subject to the rights of Consumers set out below, the Company shall have no liability to the Customer in respect of damaged or defective Goods (and the Customer shall be required to pay the full Contract price) where:-
      (a) any claim made by the Customer is not in accordance with these terms and conditions
      (b) damage has been sustained after delivery of the Goods to the Customer, or its agents
      (c) defects are caused by installation
      (d) or operation other than in accordance with any instructions supplied in writing with the Goods or if any adjustment, alteration or other work has been performed on the Goods by any person other than the Company or its employees or agents.

    • 10. Returns Policy

      The Company supplies all goods with the following returns policy for Consumers:

      10.1 A Consumer who cancels an order or who receives an order and wishes to return the goods, should inform the Company in writing that they wish to cancel the order within seven days of the date the order was placed with the Company, or seven days of receipt of the goods (whichever is the longer). The Company shall refund the Consumers full invoice amount within 28 days of receiving the goods, subject to inspection and them being returned 'as new' in a re-saleable condition. The Consumer will be liable for any damage to the goods, however caused, and the Company shall withhold the amount it deems necessary from the Consumers refunded amount.

      10.2 Goods Faulty on Arrival. If you are reporting faulty goods within 28 days of receipt (please note that for business customers, this is 14 days), and when the goods are returned to us complete, we will issue a full refund to you via your original payment method.

      10.3 Goods Damaged in Transit. If the goods are damaged in transit, the Company request that the Customer report it to the Company within 24 hours from receipt of goods. If goods are visibly damaged on receipt, the Customer should sign the delivery note accordingly. Once the damaged goods have been collected and received back into the Companies warehouse, the Company will issue a full refund to the Customer via their original payment method.

      10.4 Goods Faulty in Warranty Period . If the Customer is reporting faulty goods after 28 days of receipt, then provided the product is within its warranty period, the Customer is entitled to a warranty repair or replacement. In some cases, manufacturers provide warranty support and repair services and or telephone help facilities for the Customers convenience. This does not affect the Customers rights to claim against the Company under the Sales of Goods Act (as amended) if the goods do not conform to the contract and the manufacturer does not repair or replace the goods or offer the Customer an alternative remedy.

      10.5 Change Your Mind. If the Customer changes their mind and is a Consumer (not applicable to business customers), and the goods have not been in their possession for over 14 days, then the Customer is entitled to return the goods to the Company for a full refund on condition that the Customer take reasonable care of the goods until they are returned to the Company. In particular this means that you will not open shrink-wrapped or blister pack products or break any manufacturers seals, return in good condition including all packaging, manuals, cables etc, return the goods in a condition that would enable the Company to resell them as new. Please note that if the Customer changes their mind the cost of returning Goods is the responsibility of the Customer.

      10.6 If the Customer changes their mind and are a business customer the Company does not accept the return of goods.

    • 11. Limitation of Liability

      11.1 Unless otherwise stated in the manufacturer’s documentation supplied with the Goods, all Goods delivered to a UK mainland address carry a 12 month manufacturer’s warranty. The Goods carry no other warranty. Customers who wish to make a warranty claim must comply with the manufacturer’s instructions and warranty procedure. Details regarding the manufacturers warranty are available from the Company upon request.

      11.2 When dealing with Business Customers, the Company shall under no circumstances be liable for any consequential or indirect damage or loss, however caused, included (but not limited to) loss of business or profit, loss of goodwill, damage to trading relationships, loss of date and other financial loss. The Company’s liability in respect of all other losses shall be limited to the invoiced to the invoiced amount of the order.

      11.3 These Terms and Conditions shall not limit the Company’s liability for death or personal injury caused by its negligence.

    • 12. Force Majeure
      The Company shall not be liable for any delay, or other failure to perform any part of the Contract, as a result of any factor outside the Company's control, whether an Act of God or otherwise.
    • 13. The Consumer Protection (Distance Selling) Regulations 2000

      13.1 Contracts for the purchase of Goods by a Customer not acting in the course of a business and made through the Company’s Website are, with the exception of certain excepted contracts, subject to The Consumer Protection (Distance Selling) Regulations 2000 (the Regulations).

      13.2 If the Regulations apply Customers may cancel goods purchased from the Company by sending a written notice of cancellation by post or hand delivery to the Company’s registered office address or by email to enquiries@ifast-online.co.uk

      13.3 The notice of cancellation must be delivered within 14 working days of the day after date of delivery of the Goods.

      13.4 The Customer is responsible for the cost of returning the Goods if this right is exercised. If the Customer does not actually return the Goods to the Company, the Customer is under a duty to make the Goods available for collection at the Customer’s expense from the address to which they were delivered.

      13.5 The Customer is under a duty to retain possession of the Goods whilst awaiting return to the Company and to take reasonable care of the Goods during this period. The Customer shall be liable for any loss or damage to the Goods if he fails to comply with this obligation.

    • 14. Notices

      Any written notice to be given under the Contract shall be given by way of first class Recorded Delivery post or facsimile transmission or email or by personal delivery by the party giving it to the other, at his last known business address notified to the other, and shall be deemed to be delivered either 48 hours after posting (in the case of a letter) or immediately after receipt (in the case of facsimile transmission, email or personal delivery). Notification given by Customers by email must include full address, telephone and contact details and the Company may contact the Customer to verify the notification is from an authorised source.

    • 15. General

      15.1 The Customer shall not be entitled to assign or transfer, in whole or in part, the benefit or burden of the Contract without the Company's prior written consent.

      15.2 The rights and remedies of the Company set out in these conditions shall be in addition, and without prejudice, to any other rights and remedies which may be available to the Company at common law or under statute.

    • 16. Invalidity

      If any part of these terms and conditions for any reason should be held to be invalid, such invalidity shall not affect the remaining clauses of these terms and conditions.

    • 17. Governing Law

      These Terms and Conditions shall be governed by and construed in accordance with the Law of England.

    Any Other Terms

    • If the Independent Fire & Safety Training website runs competitions, free prize draws and promotions on this website. These are subject to additional terms that will be made available at the time.
    • For website accessibility, please see our accessibility page
    • This document is the complete and entire agreement between the parties and supersedes any prior agreement, whether written or oral.
    • If any provision of this document is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of this document, which shall remain in full force and effect.

    If you don't agree to the terms, conditions and privacy policies contained in this document please exit the website now.