Terms and Conditions

1. General

1.1. Welcome to the HVCA Publications website terms and conditions for use. These terms and conditions apply to the use of this Website and by accessing this Website and/or placing an order you agree to be bound by the terms and conditions. If you do not agree to be bound by these terms and conditions you may not use or access this Website. Before you place an order, if you have any questions relating to these terms and conditions please contact our Customer Service Representatives by e-mail, or call us on 01768 860405 between 9am-5pm (please note that all calls to our Customer Services Representatives will be charged at the national rate and may be recorded for quality monitoring and training purposes).

1.2. The owner of this web site is Welplan Limited whose address is Welplan Limited of Old Mansion House, Eamont Bridge, Penrith, Cumbria CA10 2BX (‘Welplan’/‘we’ /‘us’/‘our’). Company number 02782737.

1.3. Your contract for purchases made through the Site is with Welplan, and you undertake that any and all goods ordered by you are for your own use only.

1.4. You must be eighteen years old to use this site. If you are under eighteen, you may only use the site in conjunction with, and under the supervision of, a parent or guardian. If you do not qualify, please do not use the site.

1.5. While we try and ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.

1.6. No contract for the sale of any product will subsist between you and Welplan until Welplan dispatches the product(s) ordered. We will confirm that the product(s) have been dispatched by a confirmation email. This confirmation e-mail amounts to an acceptance by Welplan of your offer to buy goods from Welplan or a third party supplier that is engaged on your behalf by Welplan (whether or not you receive that e-mail).

1.7. You agree that e-mail can be used as a long-distance means of communication.

1.8. We reserve the right to alter or withdraw any of our shopping online services, or, to refuse our shopping online services to any customer and to update these Conditions at any time. Any changes will be notified to you via the e-mail address provided by you on registration or via suitable announcement on the HVCA Publications website.

1.9. Welplan will not pass on your personal or credit or debit card details to any third party except where an additional security check may be deemed necessary. We shall be entitled to process your data in accordance with the terms of our Privacy Policy. Please view this document for further information.

1.10. You undertake that all details you provide to Welplan for the purpose of ordering or purchasing goods or services are correct, that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the goods or services ordered.

1.11. You must choose a username and password on completion of registration. You are responsible for all actions taken under that username and password and shall only use the Site under your own username and password. You must make every effort to keep your password safe and should not disclose it to anyone. If it is compromised, you must change it. You may not transfer or sell your username to anyone, nor permit, either directly or indirectly, anyone to use your username or password.

1.12. If there are any changes to the details supplied by you it is your responsibility to inform Welplan as soon as possible.

1.13. All purchases are non-exchangeable, non-refundable and non-transferable.

 

2. Liability

 

2.1. This section applies only to the extent permitted by law. For the avoidance of doubt, Welplan do not exclude or limit any liability for (a) personal injury (including sickness and death) where such injury results from Welplan’s negligence or wilful default, or that of Welplan's employees, agents or subcontractors or (b) fraudulent misrepresentation.

2.2. Welplan does not accept liability (except as set out below) for any errors and omissions and reserve the right to change information, prices, specifications and descriptions of listed goods, products and services.

2.3. If an error is discovered in the price of the goods that you have ordered, we will inform you as soon as possible. We shall be under no obligation to fulfil an order for a product which was advertised at an incorrect price, if the item(s) has been charged and not dispatched we will cancel and refund your order.

2.4. Welplan will do its best to correct errors and omissions as quickly as practicable after being notified of them.

2.5. TO THE FULLEST EXTENT PERMITTED BY LAW, WELPLAN IS PROVIDING THIS SITE AND ITS CONTENTS ON AN ‘AS IS’ BASIS AND MAKES NO (AND EXPRESSLY DISCLAIMS ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THIS SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED IN THIS SITE INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, WELPLAN DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT.

2.6. In the unlikely event that you receive goods which were not what you ordered or which are damaged or defective, or are of a different quantity to that stated on your order form, Welplan shall, at its own option, make good any shortage or non-delivery, replace or repair any damaged or defective goods, or refund to you the amount you paid for the goods in question PROVIDED THAT you notify Welplan of the problem in writing at the address stated in the confirmation e-mail within 10 working days of delivery of the goods. NOTHING IN THIS CLAUSE AFFECTS YOUR STATUTORY RIGHTS.

2.7. You and Welplan will only be liable under these Terms for losses which are a reasonably foreseeable consequence of the relevant breach of contract.

2.8. The products sold on the Site are provided for your use only. Accordingly, Welplan do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Site or for any products or services purchased from Welplan.

2.9. Welplan make no promise that our online services will be uninterrupted, timely, secure or entirely error free.

 

3. Processing of order

 

3.1. Credit and Debit cards are debited on the day of shipping by Welplan. All prices include sales taxes (where applicable) unless otherwise stated, and no charge is made for shipping, unless the orders are overseas or to the Republic of Ireland orders in which case you will be required to pay carriage.

3.2. Every purchase you make shall be deemed performed in England. English law shall govern every aspect of contractual agreement concerning purchases made from the Site.

3.3. Welplan aims to arrange shipment of all ‘in stock’ items within 24 hours of receiving your order. Your order may be delayed if the item is not in stock with our suppliers. Some items may be unavailable and the current stock status is approximate. Welplan are not able to supply dates our suppliers may get an item in stock.

3.4. If for any reason we are unable to supply a particular item we will attempt to advise you the next working day via email.

3.5. HVCA Publications cannot guarantee that the online service will be free from fault. If a fault occurs in the service you should report it to HVCA Publications and we will attempt to correct the fault as soon as we are able to do so.

3.6. Access to the site may occasionally be restricted for maintenance.

3.7. All online orders must be accompanied with appropriate credit card details.

3.8. When purchasing by credit/debit card, your card details will be encrypted during the transaction process to minimise the possibility of unauthorised access or disclosure.

3.9. A discount of 10 percent is available on orders of between five and ten copies of the same publication, and 20 percent on orders of more than 10 copies of the same publication.

 

4. Delivery/title/risk

 

4.1. The period stated within which you will receive your order is approximate. Goods will be sent to the address given by you in your order and stated in the Order Confirmation. Please note that your goods may be sent to you in installments.

4.2. If your delivery address is outside of Great Britain, you may be subject to import duties and taxes, which are levied once a shipment reaches your country. Any such additional charges for customs clearance must be borne by you. You should note that customs policies vary widely from country to country; Welplan advises each customer to contact their local customs office for further information.

4.3. Please note that when shipping products internationally, you should be aware that cross-border shipments are subject to opening and inspection by customs authorities.

 

5. Miscellaneous

 

5.1. We shall have no liability to you for any delay in the delivery of products ordered or any other matters to the extent that the delay is due to any event outside our reasonable control, including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.

5.2. We shall have no liability (including liability for negligence) for the acts or omissions of telecommunications service providers or for failures of, or faults in their networks and equipment.

5.3. No waiver by us of any breach of these Terms shall be considered as a waiver of any subsequent breach of the same or any other provision.

5.4. You may not permit, create unauthorized framing of, or deep linking to, the Site or the creation of derivative works thereof from any other website under your management or control.

5.5. In these Terms, ‘Intellectual Property Rights’ means patents, database rights, copyright, design rights (whether registered or unregistered), trade marks (whether registered or unregistered) and other similar rights, together with the right to apply for the protection of any such rights. All Intellectual Property Rights in the Site shall be owned by us absolutely.

5.6. Subject to the licence granted to you to use the Site, Welplan reserves all rights, title and interest in its Intellectual Property Rights in the Site. Any goodwill accruing from use of Welplan and its affiliates’ trade marks, trade and business names and service marks under this Agreement will vest in Welplan and its affiliates, as appropriate.

5.7. It is a crime to use a false name or a known invalid credit card to order. Anyone caught wilfully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the law. Welplan tracks the electronic ‘fingerprints’ of every order placed on Welplan to enable us and all legitimate crime prevention and prosecution authorities to trace individual users engaging in criminal activities on our website.

5.8. We reserve the right to terminate this Agreement and to suspend or terminate your access to the Site immediately and without notice to you if:

a) you fail to make any payment to us when due;

b) you breach the terms of this Agreement (repeatedly or otherwise);

c) when requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity;

d) we suspect you have engaged, or about to engage, or have in any way been involved, in fraudulent or illegal activity on the Site

5.9. Welplan may amend these Terms from time to time, and place the new version on the Site. For users purchasing goods or registering on the Site for the first time, all purchases from the date that the amended terms are placed on our website onwards will be governed by those new terms Otherwise, such changes will be effective against existing users thirty days following posting of the amended version on the Site. Your continued use of the Site following Welplan’s posting of any changes will constitute your acceptance of such changes. If you do not agree to any changes to these Terms, then your only remedy is to cease using the Site.

5.10. These Terms supersede any and all other conditions, understandings, commitments, agreements or representations (except fraudulent misrepresentations) relating to your purchase, whether oral or in writing, and contain the entire agreement between Welplan and you relating to your purchase. Welplan advises that you print off and keep safe a copy of these terms and conditions once your order has been accepted by Welplan. We will store a copy of the contract entered into by you with Welplan. You are advised to read (and are responsible for reading) fully all information on this website.

5.11. If any provision of these Terms shall be held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the remaining parts of these Terms and the remainder of the affected provision shall be unaffected.

5.12. These Terms are subject to the laws and exclusive jurisdiction of England and Wales and any disputes will be decided only by the Courts of England and Wales..

5.13. A person not a party to these Terms and Conditions shall have no right under the Contract (Right of Third Parties) Act 1999 to enforce any of these Terms and Conditions but this shall not affect any right of remedy of a third party which exists or is available apart from such Act.

5.14. We will use the information you provide and transactional information, for administering this service and for marketing purposes including market research. We may analyse your data and send you offers and information by mail or email, about other HVCA products. If you do not want us to contact you by mail or email, or send you offers, please contact us.

5.15. When someone gives us their credit card or bank account details we accept responsibility to keep that information confidential.

5.16. The HVCA Publications online shop is linked to a proprietary e-commerce server for collecting payments. When you place an order, the order details are sent to us by email, but your payment information, including card details, are not stored by HVCA Publications or by the proprietary e-commerce server.

5.17. All orders are checked carefully and payments are cleared/authorised before despatch of goods to your address.