TRAINING DEVELOPMENTS SCOTLAND LIMITED – TERMS & CONDITIONS
1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods, services or digital content.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
1.3 Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
Provisions specific to consumers only are in red and those specific to businesses only are in blue.
If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement.
2. Information about us and how to contact us
2.1 Who we are. We are Training Developments Scotland Limited a company registered in Scotland. Our company registration number is SC397255 and our registered office is at Mclay, Mcalister & Mcgibbon LLP, 145 St. Vincent Street, Glasgow, Scotland, G2 5JF. Our registered VAT number is GB116090346.
2.2 How to contact us. You can contact us by telephoning our customer service team at 08081696423 or by writing to us at email@example.com or Units 1-3, 5 Murray Street, Paisley PA3 1QG.
2.3 How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3.Our contract with you
3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.3 We only sell to the UK. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from addresses outside the UK.
4. OUR CHARTER
4.1 We are committed to providing a high standard of service whether you are a learner, an employer or a visitor. Please tell us if we fall below your expectations.
4.2 In order to get the most out of your learning programme, we will expect you to:
5. Your rights to make changes
5.1 If you wish to make a change to the course(s) or any course package module(s) you have ordered, please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
5.2 Should you wish to make any date changes to courses or any course package modules, you will be charged an administration fee of £50.00 for short courses and £150.00 for longer courses and packages (any course over 2 weeks). The administration fees are to cover our reasonable costs in administering changes.
5.3 All course change requests must be made with a signed letter or by email. Course moves will be made at our discretion and can only be made once.
6. Our rights to make changes
6.1 Minor changes to the course(s). We may change the course(s):
6.2 More significant changes to the course(s) and these terms. In addition, as we informed you in the description of the course(s) on our website, we may make changes to these terms or the course content, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any course(s) paid for but not received.
6.3 Accreditation body changes to the course(s). in the event that changes are enforced on us by our accreditation body, which means that a course is required to be changed after it has started, you will not be entitled to a refund in relation to that course because such changes are necessary to maintain the accreditation of such course.
6.4 Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.
7. Providing the COURSE(S)
7.1 We will begin the course(s) on the date agreed with you during the order process. The completion date for the course(s) is as told to you during the order process.
7.2 What will happen if you do not give required information to us. We may need certain information from you so that we can provide the course(s) to you. If so, this will have been stated in the order form. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for late supply or not supplying any part of the course(s) if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
8. Your rights to end the contract
8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any course(s) which have not been provided and you may also be entitled to compensation. The reasons are:
8.3 Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.4 When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of courses, once these have been completed, even if the cancellation period is still running.
How long do consumers have to change their minds? If you are a consumer how long you have to change your mind depends on what you have ordered and how it is delivered. Your general right as a consumer is that you have fourteen (14) days after the day we email you to confirm we accept your order. However:
8.5 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you are not a consumer who has a right to change their mind (see clause 1), you can still end the contract before it is completed, but you may have to pay us compensation. Under these circumstances, if you cancel your contract at any time, we will charge you an administration fee of £50.00 in relation to short courses and £150.00 in relation to longer courses and packages (any course over two (2) weeks) to cover our administration costs of cancelling. If we are able to sell your cancelled place(s) on the course(s), we will refund you the difference between the full price paid by you in relation to the cancelled place(s) and the aggregate of the administration fee plus the price received by us for the replacement place(s). This means if we are not at fault and you are not a consumer who has a right to change their mind, and you cancel the contract at any time, you may not receive any refund or if you have not yet paid for your place, we may charge you the full price plus the relevant administration fee, which will be to cover our administration costs of trying to resell the place(s).
9. How to end the contract with us (including if you are a consumer who has changed their mind)
9.1Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
9.2How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the course(s) by the method you used for payment. However, we may make deductions from the price, as described below.
9.3 When we may make deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind:
9.4 When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind.
10. Our rights to end the contract
10.1 We may withdraw your place on the course(s) and end the contract if you do not pay. If you do not pay us when you are supposed to (see clause 4) and you still do not make payment within seven (7) days of us reminding you that payment is due, we may withdraw your place on the course(s). We will contact you to tell you we are withdrawing your place. We will not withdraw your place where you dispute the unpaid invoice (see clause 11.7).
10.2 We may withdraw your place on the course(s) and end the contract if you do not attend. Once a course has been commenced, the student must attend all sessions necessary to complete the course (once a course has been started, it cannot be completed at a later date). You will not be entitled to any refund for any absence.
11.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order form when you placed your order. We take all reasonable care to ensure that the price of the course(s) advised to you is correct. However please see clause 3 for what happens if we discover an error in the price of the course(s) you order.
11.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the course(s), we will adjust the rate of VAT that you pay, unless you have already paid for the course(s) in full before the change in the rate of VAT takes effect.
11.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the course(s) we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the course’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the course’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
11.4 When you must pay and how you must pay. We accept payment by debit and credit cards, cash, cheque or internet banking transfer. When you must pay depends on what product you are buying:
11.5 Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
11.6 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of Bank of Scotland from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
11.7 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
12. Our responsibility for loss or damage suffered by you if you are a consumer
12.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation.
12.3 When we are liable for damage to your property. If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
12.4 We are not liable for business losses. If you are a consumer we only supply the course(s) for to you for domestic and private use. If you use the course(s) for any commercial or business purpose our liability to you will be limited as set out in clause 13.
13.Our responsibility for loss or damage suffered by you if you are a business
13.1 Nothing in these terms shall limit or exclude our liability for:
13.2 Except to the extent expressly stated in clause Error! Reference source not found. all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
13.3 Subject to clause 1:
How we will use your personal information. We will only use your personal information as set out in our https://www.skillstg.co.uk/gdpr-policy/.
15.1 We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
15.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
15.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
15.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
15.6 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by Scots law and you can bring legal proceedings in respect of the products in the Scottish courts. If you live in England or Wales you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the Scottish courts.
15.7 Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with Scots law and the courts of Scotland shall have exclusive jurisdiction to settle any such dispute or claim.