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Terms and conditions for the supply of the 6th Ridler Report
1.2 Please read these Terms carefully and make sure that you understand them, before ordering the Report through our web 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 the Report. By accepting the Terms, you agree to be bound by them and the other documents expressly referred to in them.
1.3 If you are a consumer then references in these Terms to "you" are to the individual using our web site, and ordering the Report for private and non-commercial purposes. If you are a business, references in these Terms to "you" are to the business that you have the authority to bind in accordance with clause 5.1.
1.4 You should print a copy of these Terms or save them to your computer for future reference.
1.5 We amend these Terms from time to time as set out in clause 11. Please check these Terms to ensure you understand the terms which will apply at the time of placing your order. These Terms were most recently updated in September 2016.
2. Information about us
2.1 We operate the web site http://www.ridlerandco.com/. We are Ridler & Co. Limited ("Ridler & Co"), a company registered in England and Wales under company number 04147455, with our registered office at c/o Grant Jones Accountancy Ltd., Camberley House, 1 Portesbery Road, Camberley, Surrey, GU15 3 7Z. Our main trading address is 43 Berkeley Square London W1J 5FJ. Our VAT number is 777 3242 08.
2.2 Contacting us if you are a consumer:
2.2.1 To cancel the Contract in accordance with your legal right to do so as set out in clause 13, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the model cancellation form in the appendix at the end of these Terms. If you use this method we will email you to confirm we have received your cancellation. You can also e-mail us at email@example.com or contact our Client Service department by telephone on +44 (0)20 7112 6750. If you are emailing us please include details of your order number to help us to identify it. If you send us your cancellation notice by email, then your cancellation is effective from the date you send us the email.
2.2.2 If you wish to contact us for any other reason, including because you have any complaints, you can contact us by telephoning our Client Service department at +44 (0)20 7112 6750 or by emailing us at firstname.lastname@example.org.
2.2.3 If we have to contact you or give you notice in writing, we will do so by email to the email address you provide to us in your order.
2.3 Contacting us if you are a business:
2.3.1 You may contact us by telephoning our Client Service department at +44 (0)20 7112 6750 or by emailing us at email@example.com. If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 22.3.
3. How we use your personal information
3.2 We will use the personal information you provide to us when placing an order:
3.2.1 to supply the Reports to you;
3.2.2 to process your payment for the Report; and
3.2.3 to inform you about similar products that we provide, but you may stop receiving these at any time by contacting us.
4. If you are a consumer
This clause 4 only applies if you are a consumer.
4.1 If you are a consumer, you may only purchase the Report from our website site if you are at least 18 years old.
5. If you are a business customer
This clause 5 only applies if you are a business.
5.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase the Report.
5.2 These Terms and any document expressly referred to in them 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.
5.3 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 or any document expressly referred to in them. 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. Nothing in this clause shall exclude liability for either party's fraudulent misrepresentation.
6. The order process
6.1 Our order pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
6.2 You can purchase up to six (6) copies of the Report via our web site.
6.3 If you wish to purchase more than six (6) copies of the Report please contact us by emailing firstname.lastname@example.org or by calling us on +44 20 7112 6750. For the avoidance of doubt, any order placed by email or over the telephone will be subject to these Terms.
6.4 If you are an organisation that has purchased multiple copies of the Report, those copies must only be used by students or employees of your organisation. For the avoidance of doubt, you must purchase a copy of the report for each individual within your organisation that wishes to access or view the Report.
6.5 After you place an order, whether through the website, or by email/telephone, you will receive an email 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 following our receipt of payment in accordance with clause 17 and when we send you an email with the Report attached. The Contract between us will only be formed when we send you the email with the Report attached. Nothing in these Terms requires us to accept any order.
6.6 If we are unable to supply you with the Report, for example because it is no longer available or for any other reason, we will inform you of this by email and we will not process your order. If you have already paid for the Report, we will refund you the full amount charged as soon as possible.
7. Accessing the Report
7.1 The Report will be made available to you by email as a pdf document at a point in time after we have received payment of the price payable in respect of your order, as calculated in accordance with clause 16.1.
7.2 The Report will contain an electronic watermark containing your name and your organisation's name which may affect the look and feel of the Report, but which will not prevent you from reading it.
8. Restrictions on your use of the Report
8.1 Purchasing a single copy of the Report entitles you to download and print the Report, for your personal use only. Where you are purchasing a single copy of the report as a business, only the individual purchasing on behalf of the business may access and view the Report or read the printed copy. Each individual within your business that wishes to access or view the Report must purchase his or her own copy.
8.2 Where you purchase multiple copies of the Report, the number of individuals entitled to access and view the report is no greater than the number of copies you have purchased. For example, if you purchase four (4) copies, only four (4) individuals will be entitled to access and view the Report.
8.3 You must not, under any circumstances:
8.3.1 make copies of the Report (other than for your own use);
8.3.2 share the contents of the Report with any third party (including, where you are purchasing the report on behalf of an organisation, with any other individuals within your organisation);
8.3.3 post the Report on any website;
8.3.4 make alterations to, or modifications of, the whole or any part of the Report, including the electronic watermark;
8.3.5 create derivative works based on the whole or any part of the contents of the Report; or
8.3.6 remove our copyright notice from the Report; or
8.3.7 reproduce any data or commentary from the Report in your articles and writings, other than those parts of the Report which are publicly available on Ridler & Co's web site, or the Report itself, without the prior written consent of Ridler & Co.
9. Intellectual property rights in the Report
You acknowledge that all intellectual property rights in the Report anywhere in the world belong to us (or our licensors), that rights in the Report are licensed (not sold) to you, and that you have no rights in, or to, the Report other than the right to access and view the number of copies you have purchased, in accordance with these Terms.
10. Our right to vary these Terms
10.1 We may amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated.
10.2 When you order the Report from us, the Terms in force at the time of your order will apply to the Contract between you and us.
10.3 We may revise these Terms as they apply to your order from time to time, to reflect changes in relevant laws and regulatory requirements.
10.4 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. If you opt to cancel, you will have to return (at our cost) the Report you have received and we will arrange a full refund of the price you have paid.
11. Our right to make changes to the Report
11.1 We may update the Report, provided that the content of the Report shall always match the description of it that we provided to you before you bought it.
12. Your consumer right of return and refund
This clause 12 only applies if you are contracting as a consumer.
12.1 You can always end your contract with us. Your rights when you end the Contract will depend on whether there is anything wrong with the Report, how we are performing and when you decide to end the Contract:
12.1.1 if the Report is faulty or misdescribed you may have a legal right to end the Contract (or to get the Report rectified or replaced, or to get some or all of your money back), see clause 14 "if there is a problem with the Report";
12.1.2 if you want to end the Contract because of something we have done or have told you we are going to do, see clause 12.2 "ending the Contract because of something we have done or have told you we are going to do"; or
12.1.3 if you want to end the Contract because you have changed your mind, see clause 12.3 "exercising your right to change your mind".
12.2 Ending the contract because of something we have done or are going to do.
If you are ending the Contract for a reason set out at clauses 12.2.1 to 12.2.5 below the Contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
12.2.1 we have told you about an upcoming change to the Report or these Terms which you do not agree to (see clauses 11.1 and 10.4);
12.2.2 we have told you about an error in the price or description of the Report and you do not wish to proceed;
12.2.3 there is a risk that supply of the Report may be significantly delayed because of events outside our control;
12.2.4 we have suspended supply of the Report for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 28 days; or
12.2.5 you have a legal right to end the contract because of something we have done wrong.
12.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013).
You have 14 days after the day on which we email you to confirm that we accept your order to change your mind. However, please note that by agreeing to these Terms you agree that we may provide the Report to you immediately (unless we have separately agreed with you in writing to provide the Report to you at a later date), and that by starting to download the Report you will lose your right to change your mind as set out above.
13. How to end the contract with us (including if you have changed your mind)
This clause 13 only applies if you are contracting as a consumer.
13.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
13.1.1 By telephone or email. Call our Client Service Department on +44 20 7112 6750 or email us at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
13.1.2 By post : write to us at 42 Berkeley Square, London W1J 5FJ, including the information listed in 13.1.1.
13.2 Returning the Report after ending the Contract.
If you end the Contract for any reason after you have downloaded the Report, you must return any printed copy of the Report to us at your cost and must delete any copy of the Report held on your computer or other electronic storage device. Please call our Client Service Department on +44 (0) 20 7112 6750 or email us at firstname.lastname@example.org for a return label.
13.3 When we will pay the costs of return.
We will pay the costs of return:
13.3.1 if the Report is faulty or misdescribed; or
13.3.2 if you are ending the Contract because we have told you of an upcoming change to the Report or these Terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances you must pay the costs of return.
13.4 How we will refund you.
We will refund you the price you paid for the products including delivery costs, by the method you used for payment.
13.5 When your refund will be made.
We will make any refunds due to you as soon as possible.
14. If there is a problem with the Report
14.1 How to tell us about problems
If you have any questions or complaints about the Report, please contact us. You can telephone our Client Service team on +44 (0) 20 7112 6750 or write to us at email@example.com.
Clauses 14.2 and 14.3 only apply if you are a consumer.
14.2 Summary of your legal rights. If you are a consumer, we are under a legal duty to supply a product that is in conformity with this Contract. The Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
14.2.1 if your digital content is faulty, you are entitled to a repair or a replacement;
14.2.2 if the fault cannot be fixed within a reasonable time, or without causing you significant inconvenience, you can get some or all of your money back;
14.2.3 if you can show the fault has damaged your device and we have not used reasonable care and skill, you may be entitled to a repair or compensation.
14.3 Nothing in these Terms will affect your legal rights.
15. Our rights to end the contract
15.1 We may end the contract if you break it. We may end the Contract at any time by writing to you if:
15.1.1 you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due; or
15.1.2 you fail to comply with the restrictions imposed on your use of the Report under clause 8; or
15.1.3 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, your email address.
15.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 15.1, we will refund any money you have paid in advance where you have not yet received the Report, but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
16. Price payable for the Report
16.1 The price payable of the Report will be as quoted on our website at the time you submit your order.
16.2 Prices for the Report may change from time to time, but changes will not affect any order you have already placed.
16.3 Discounts on the purchase of the Report are available to specified membership organisations and networks. Ridler & Co will seek to honour the discounts offered but is not legally bound to give these discounts. In instances where the Report has already been purchased, Ridler & Co will not be able to offer a discount retrospectively.
16.4 The price 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 Report in full before the change in VAT takes effect.
17. How to pay
17.1 Unless you are placing an order for more than 6 copies of the Report by email (in which case clause 17.2 will apply), you can pay for the Report using the debit card or credit cards accepted on our web site, or, if preferred, we can send you an invoice.
17.2 Where you have placed an order by email, in accordance with clause 6.3, we will send you an invoice.
17.3 We must receive payment for the Report or Reports before we send you the Report or Reports.
18. No warranty in relation to the Report
18.1 Subject to Clause 23.6: the Report is provided "as is" and without warranty. You acknowledge that the Report has not been developed to meet your individual requirements. We will not be liable for any loss suffered by you as a result of decisions made by you based on the Report's contents.
19. Our liability if you are a business
This clause 19 only applies if you are a business customer.
19.1 We only supply the Report for internal use by your business, and you agree not to use the Report for any resale purposes.
19.2 Nothing in these Terms limits or excludes our liability for:
19.2.1 death or personal injury caused by our negligence;
19.2.2 fraud or fraudulent misrepresentation;
19.2.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
19.2.4 defective products under the Consumer Protection Act 1987.
19.3 Subject to clause 19.2, we will under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, and whether arising under or in connection with the Contract, for:
19.3.1 any loss of profits, sales, business, or revenue;
19.3.2 loss or corruption of data, information or software;
19.3.3 loss of business opportunity;
19.3.4 loss of anticipated savings;
19.3.5 loss of goodwill; or
19.3.6 any indirect or consequential loss.
19.4 Subject to clause 19.2, our total liability to you in respect of all other 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 the price you paid for the Report.
19.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Report. 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 Report is suitable for your purposes.
20. Our liability if you are a consumer
This clause 20 only applies if you are contracting as a consumer.
20.1 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.
20.2 We are not liable for business losses. We only supply the products for your domestic and private use. If you use the Report for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
20.3 We do not in any way exclude or limit our liability for:
20.3.1 death or personal injury caused by our negligence; or
20.3.2 fraud or fraudulent misrepresentation.
21. Events outside our control
21.1 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 21.2.
21.2 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.
21.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
21.3.1 we will contact you as soon as reasonably possible to notify you; and
21.3.2 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 the Report to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
21.4 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.
22. Communications between us
22.1 When we refer, in these Terms, to "in writing", this will include email.
22.2 If you are a consumer you may contact us as described in clause 2.2.
22.3 If you are a business:
22.3.1 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 email.
22.3.2 A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or if sent by email, one Business Day after transmission.
22.3.3 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 email, that such email was sent to the specified email address of the addressee.
22.3.4 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
23. Other important terms
23.1 We may transfer this Contract 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.
23.2 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.
23.3 Nobody else has any rights under this contract. This Contract is between you and us. No other person shall have any rights to enforce any of its Terms.
23.4 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.
23.5 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.
23.6 If you are a consumer, you have legal rights in relation to items that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect your legal rights as a consumer.
23.7 Which laws apply to this Contract and where you may bring legal proceedings.
23.7.1 If you are a consumer, please note that the Contract is governed by English law. This means that a Contract for the purchase of the Report, any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction in connection with any such dispute or claim.
23.7.2 If you are a business, the 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. You and 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 the Agreement or its subject matter or formation (including non-contractual disputes or claims).
Complete and return this form only if you wish to withdraw from the contract
To: Ridler & Co. Limited, 43 Berkeley Square London W1J 5FJ (email: firstname.lastname@example.org; telephone: +44 20 7112 6750)
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*], Ordered on [*]/received on [*],
Name of consumer(s)
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper), Date
[*] Insert or delete as appropriate © Crown copyright 2013.
Thank you for buying the 6th Ridler Report and for agreeing to the terms and conditions for the purchase of the report which, among other things, specify that :
We only accept on-line card paymentsfor purchases of up to 6 reports in a single transaction.