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Carbon Trust Publications Conditions of Sale

Last updated - August 2014

IMPORTANT INFORMATION (IF YOU ARE A CONSUMER)

YOU ARE ABOUT TO PURCHASE A DIGITAL FORMAT OF A PUBLICATION.

THE CONSUMER CONTRACTS (INFORMATION, CANCELLATION AND ADDITIONAL CHARGES) REGULATIONS 2013 ALLOWS YOU 14 DAYS (“CANCELLATION PERIOD”) WITHIN WHICH TO CANCEL YOUR ORDER. FURTHER DETAILS REGARDING YOUR RIGHT TO CANCEL IS SET OUT BELOW IN CLAUSE 6 OF THESE TERMS.

YOU WILL WAIVE THIS CANCELLATION RIGHT IF YOU CONTINUE WITH YOUR PURCHASE.

BY CLICKING THE "BUY NOW" BUTTON, YOU ACKNOWLEDGE THAT YOU WILL RECEIVE IMMEDIATE ACCESS TO YOUR PUBLICATION (WHETHER OR NOT YOU DOWNLOAD THE PUBLICATION) AND THAT YOU WILL LOSE YOUR RIGHT TO CANCEL YOUR PURCHASE WITHIN THE CANCELLATION PERIOD.

Subject to the above notice, the remainder of these terms apply to all purchases from our website.

We” means Carbon Trust Advisory Limited (company number 06274284) of 4th Floor, Dorset House, 27-45 Stamford Street, London SE1 9NT, UK.

The following conditions of sale, together with our Website Terms & Conditions of UsePrivacy Policy and Cookie Policy, set out the legal terms and conditions (“Terms”) on which we sell any of the publications listed on our website (our “Site”) to you.

To the extent of any conflict of terms between the following conditions of sale and our Privacy Policy, Cookie Policy and/or Website Terms & Conditions of Use, these conditions of sale shall prevail with respect to your purchase.

These Terms will apply to any contract between us for the sale of publications to you (“Contract”). Please read these Terms carefully and make sure that you understand them, before ordering and/or downloading any publications from our Site.  Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any publications from our Site.

You should print a copy of these Terms or save them to your computer for future reference.

We amend these Terms from time to time as set out in clause 5. Every time you wish to order and/or download a publication, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 14th August 2014.

These Terms, and any Contract between us, are only in the English language.

1. Contacting us

1.1                Contacting us if you are a consumer:

(a)            To cancel a Contract in accordance with your legal right to do so as set out in clause 6, you just need to let us know that you have decided to cancel. Your cancellation rights may be affected if you have ordered a digital download.

(b)            The easiest way to cancel an order of a hard copy of your required publication is to complete the cancellation form below. A link to this cancellation form will also be included in our Dispatch Confirmation. If you use this method we will e-mail you to confirm we have received your cancellation. You can also e-mail us at info@carbontrust.com or contact our Customer Services team by telephone on +44 (0)20 7170 7000 or by post to Publications, Carbon Trust Advisory Limited, 4th Floor, Dorset House, 27-45 Stamford Street, London SE1 9NT, UK. If you are emailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.

(c)            If you wish to contact us for any other reason, including because you have any complaints, you can contact us using the same address and telephone details as provided above, or email us at info@carbontrust.com.

(d)            If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.

1.2                Contacting us if you are a business. You may contact us by calling our customer service team at +44 (0)20 7170 7000 or by e-mailing us at info@carbontrust.com, with your business name in the subject title. If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 14.3.

2. If you are a consumer

This clause 2 only applies if you are a consumer.

2.1                If you are a consumer, you may only order/download publications from our Site if you are at least 16 years old.

3. If you are a business customer

This clause 3 only applies if you are a business.

3.1                If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our Site to order/download publications.

3.2                These Terms constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.

3.3                You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms.

3.4                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 Contract.

4. How the contract is formed between you and us

4.1                Our publications page will guide you through the steps you need to take to order or download a publication. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

4.2                After you place an order, you will receive an e-mail from us acknowledging 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 4.3.

4.3                If you have ordered a hard copy of a publication, we will confirm our acceptance to you by sending you an e-mail that confirms that the publication has been dispatched (“Dispatch Confirmation”). Subject to clause 5.2 below, the Contract between us will only be formed when we send you the Dispatch Confirmation.

4.4                If you have ordered a soft copy, you will be required at the point of your transaction (if you are a consumer) to acknowledge that you are waiving your 14-day cancellation right under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 by seeking immediate access to a soft copy of the publication and making payment. Your Contract with us will be formed when we send you a confirmatory email containing a link to your publication. 

4.5                If we are unable to supply you with a publication, for example because that publication is not in stock or no longer available or because (where you have ordered hard copies) we cannot meet the delivery date notified to you or because of an error in the price on our Site, we will inform you of this by e-mail and we will not process your order. If you have already paid for the publication, we will refund you the full amount including any applicable delivery costs charged as soon as possible.

5. Our right to vary these Terms

5.1                We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.

5.2                Every time you order or download a publication from us, the Terms in force at the time of your order will apply to the Contract between you and us.

5.3                We may revise these Terms as they apply to your order from time to time to reflect the following circumstances:

(a)            changes in relevant laws and regulatory requirements; and

(b)            changes to the publications we offer, or the basis on which these are provided to you.

5.4                If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected publications (or other ordered items) or just the publications (or other ordered item(s)) you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant publications you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.

6.  Your consumer right of return and refund

This clause 6 only applies if you are a consumer.

6.1                If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 6.2. 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 publication, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.

6.2                Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation where you have ordered a hard copy of the publication which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:

 

Your Contract

End of the cancellation period

Your Contract is for a single publication.

The end date is the end of 14 days after the day on which you receive the publication.

Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the publication on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.

Your Contract is for multiple publications which are delivered on separate days.

The end date is 14 days after the day on which you receive the last of the separate publications ordered.

Example:  if we provide you with a Dispatch Confirmation on 1 January and you receive the first of your separate publications on 10 January and the last separate publication on 15 January you may cancel in respect of all publications and any or all of the separate publications at any time between 1 January and the end of the day on 29 January.


6.3                To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form. If you use this method we will e-mail you to confirm we have received your notice of cancellation.

You can also e-mail us at info@carbontrust.com or contact our Customer Services team by telephone on +44 (0)20 7170 7000 or by post to Publications, Carbon Trust Advisory Limited, 4th Floor, Dorset House, 27-45 Stamford Street, London SE1 9NT, UK. If you are e-mailing us or writing to us please include details of your order, including any reference number you have been given, to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us (please retain proof of postage for your records). For example, you will have given us notice in 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.

6.4                If you cancel your Contract we will:

(a)            refund you the price you paid for the publication(s). However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, 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 have paid, 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 publication within 3-5 days at one cost but you choose to have the publications delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

(c)            make any refunds due to you as soon as possible and in any event within the 14 days after the day on which we receive the returned publication or, if earlier, the day on which you provide us with evidence that you have sent the publication back to us.  For information about how to return a publication to us, see clause 6.7.

6.5                If you have returned the publications to us under this clause 6 because they are faulty or mis-described, we will refund the price of the publication in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.

6.6                We will refund you via the same method used by you to pay for your publication.

6.7                If a publication has been delivered to you before you decide to cancel your Contract:

(a)            then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. Please return to “Publications – Returns” at our address at 4th Floor, Dorset House, 27-45 Stamford Street, London SE1 9NT;

(b)            unless the publication is faulty or not as described (in this case, see clause 6.5), you will be responsible for the cost of returning the publication to us.

6.8                Because you are a consumer, you have legal rights in relation to products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 6 or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

7. Delivery

7.1                We will contact you with an estimated delivery date, which will be within 30 days after the date of the Dispatch Confirmation (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 13 for our responsibilities when this happens.

7.2                If no one is available at your address to take delivery, the carrier may leave you a note that the publication has been returned to our premises, in which case, please contact us to rearrange delivery.

7.3                Delivery of an order shall be completed when we deliver the publication to the address you gave us and the publications will be your responsibility from that time.

7.4                You own the publications once we have received payment in full, including all applicable delivery charges.

This clause 7.5 only applies if you are a consumer.

7.5                If we miss the 30 day delivery deadline for any publications then you may cancel your order straight away if any of the following apply:

(a)            we have refused to deliver the publication;

(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.

7.6                If you do not wish to cancel your order straight away, or do not have the right to do so under clause 7.5, 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.

7.7                If you do choose to cancel your order for late delivery under clause 7.6 or clause 7.7, you can do so for just some of the publications (where applicable) or all of them, unless splitting them up would significantly reduce their value. After you cancel your order we will refund any sums you have paid to us for the cancelled publications and their delivery.

8. International delivery

8.1                We deliver to all countries outside of the UK (International Delivery Destinations).  However there are restrictions regarding certain International Delivery Destinations, so please review the information on that page carefully before ordering hard copies of publications.

8.2                If you order publications from our Site for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination.  Please note that we have no control over these charges and we cannot predict their amount. 

8.3                You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.

8.4                You must comply with all applicable laws and regulations of the country for which the publications are destined.  We will not be liable or responsible if you break any such law.

9. Price of publications and delivery charges

9.1                The prices of the publications will be as quoted on our Site at the time you submit your order. We take reasonable care to ensure that the prices of publications are correct at the time when the relevant information was entered onto the system. However please see clause 9.5 for what happens if we discover an error in the price of the publication(s) you ordered.

9.2                Prices for our publications may change from time to time, but changes will not affect any order you have already placed.

9.3                The price of a publication includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes 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 publication(s) in full before the change in VAT takes effect.

9.4                The price of a publication includes delivery charges.

9.5                It is possible that, despite our reasonable efforts, some of the publications on our Site may be incorrectly priced. If we discover an error in the price of the publications you have ordered we will contact you in writing to inform you of this error and we will give you the option of continuing to purchase the publication 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 publication(s) to you at the incorrect (lower) price.

10. How to pay

10.1            You may pay for publications using either PayPal or by debit or credit card. Payment for the publications (which includes applicable delivery charges) is in advance. Please note that we do not store credit card details nor do we share customer details with any third parties.

11. Our liability if you are a business

This clause 11 only applies if you are a business customer.

11.1            We only supply the publications for internal use by your business, and you agree not to use the publications for any resale purposes.

11.2            Nothing in these Terms 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.

11.3            Subject to clause 11.2, we will under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract 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.

11.4            Subject to clause 11.2, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the price of the publications you have purchased.

11.5            Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the publications. Any representation, condition or warranty which might be implied or incorporated into these Terms 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 publications are suitable for your purposes.

12. Our liability if you are a consumer

This clause 12 only applies if you are a consumer.

12.1            If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms 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 Contract.

12.2            We only supply the publications for your domestic and private use. You agree not to use the publication 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.

12.3            We do not in any way exclude or limit our liability for:

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

(b)            fraud or fraudulent misrepresentation;

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

(d)            any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and

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

13. Events outside our control

13.1            We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 13.2. 

13.2            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.

13.3            If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

(a)            we will contact you as soon as reasonably possible to notify you; and

(b)            our obligations under a Contract 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 publications to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

13.4            You may cancel a Contract 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 publications you have already received and we will refund the price you have paid, including any delivery charges.

14. Communications between us

14.1            When we refer, in these Terms, to "in writing", this will include e-mail.

14.2            If you are a consumer you may contact us as described in clause 1.1.

14.3            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 Contract 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 (that being Monday to Friday except UK public holidays) 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 e-mail address 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.

15. Other important terms

15.1            We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you by posting on this webpage if this happens.

15.2            You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

15.3            This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise. However, if you are a consumer, the recipient of your gift of a publication will have the benefit of any statutory warranties and you will not need their consent to cancel or make any changes to these Terms.

15.4            Each of the paragraphs of these Terms 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.

15.5            If we fail to insist that you perform any of your obligations under these Terms, 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.

15.6            If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of publications through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

15.7            If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

15.8            If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims). 

 

CARBON TRUST PUBLICATIONS

ORDER CANCELLATION FORM

 

TO:  PUBLICATIONS, CARBON TRUST ADVISORY LIMITED, 4TH FLOOR, DORSET HOUSE, 27-45 STAMFORD STREET, LONDON SE1 9NT

 

I(/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following publications [reference] [*].

 

Ordered on [*]/received on [*] ………………………………………………………………………………………………

Name of consumer(s) ………………………………………………………………………………………………

Address of consumer(s) ………………………………………………………………………………………………

 

Signature of consumers(s) (if notified on paper)………………………………………………………………………………

 

Date [*]

 

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