1.1 BGI SPEAKING LTD (Company No. 08120259) (“BGI”?) is a private limited company registered in England and Wales. References to ‘we’, ‘us’ or ‘our’ relate to BGI.
1.2 Thank-you for visiting our website www.bgistrategyonapage.com.This page and any document referred to in it tells you the terms and conditions on which we supply ourproducts relating to BGI Strategy on a Page™products (Products?), as listed on our website.
2.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order.Please note that this does not mean that your order has been accepted.Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched or activated on your behalf (“Dispatch Confirmation”?).The contract between us (“Contract”?) will only be formed when we send you the Dispatch Confirmation.
2.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation.
2.3 We may also provide links on our site to the websites of other companies, whether affiliated with us or not.We cannot give any undertaking, that products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely.This DISCLAIMER does not affect your statutory rights against the third party seller.We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.
2.4 Our website uses SSL Certificates to ensure a secure connection for any credit card transactions and data transfer and ensure that all such data remains encrypted.
3. CONSUMER RIGHTS
3.1 The Products are intended for sale by businesses, however, if you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products.In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy.
3.2 To cancel a Contract, you must inform us by email at [firstname.lastname@example.org]. You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk.You have a legal obligation to take reasonable care of the Products while they are in your Product. If you fail to comply with this obligation, we may have a right of action against you for compensation.
3.3 We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail
4. AVAILABILITY AND DELIVERY
Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
5. RISK AND TITLE
6.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
6.2 These prices include VAT but exclude delivery costs, which will be added to the total amount due as set out in our Delivery Guide.
6.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
6.4 We are under no obligation to provide the Product to you at an incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
6.5 Payment for all Products must be by credit or debit card.We will not charge your credit or debit card until we despatch your order.
7. IMPORT DUTY
7.1 If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination.You will be responsible for payment of any such import duties and taxes.Please note that we have no control over these charges and cannot predict their amount.Please contact your local customs office for further information before placing your order.
7.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined.We will not be liable for any breach by you of any such laws.
(a) When you return a Product to us because you have cancelled the Contract between us within the seven-day cooling-off period, we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, including the cost of sending the item to you.However, you will be responsible for the cost of returning the item to us.
8. STATUS AND LIMITATION OF LIABILITY
8.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
8.2 The Products are for use in a business context and you acknowledge and agree that:
8.3 To the maximum extent permitted by law, our aggregate liability arising out of or related to any Product, whether in contract, personal injury, damage to belongings or otherwise shall not exceed the purchase price paid by you for the Product.
8.4 To the maximum extent permitted by law, we shall not have any liability to each other for any indirect, special, incidental, punitive or consequential damages, however caused, whether in contract, tort or under any theory of liability, and whether or not you or we have been advised of the possibility of such damage.
8.5 Except for actions for breach of intellectual property rights (clause 5.4) or confidentiality (clause 5.3), no action (regardless of form) arising out of this Agreement may be commenced by either party more than one year after the purchase of the Product.
8.6 You are responsible for decisions made or actions taken to implement any strategic information or guidance providedas a result of any of our Productsand thatto the maximum extent permitted by law, any implied terms and warranties are excluded.
8.7 This Agreementdoes not constitute or imply any other relationship between us other than as expressly provided.
9. WRITTEN COMMUNICATIONS
9.1 Applicable laws require that some of the information or communications we send to you should be in writing.When using our site, you accept that communication with us will be mainly electronic.We will contact you by e-mail or provide you with information by posting notices on our website.For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.This condition does not affect your statutory rights.
10. INTELLECTUAL PROPERTY RIGHTS AND CONFIDENTIALITY
10.1 We do not hold or store any financial information about you, however, we may hold personal information (including your name, email address and company details) to (i) provide the Products or (ii) provide details of our other services or our Products (by mail, email, telephone, SMS or via the internet) or (iii) to complete internal administration related to you.
10.2 We will not give your personal data to any other third party without your prior written consent. However, we take no responsibility for the security of information transmitted over the internet.
10.3 You acknowledge and agree that all material in relation to BGI and the Products, whether presented during, before or after any Product are subject to intellectual property rights, including (but not limited to) copyright, trademarks and any design rights in BGI Strategy on a Page™. You agree not to do anything that would infringe our intellectual property rights in such materials.
notices given by you to us must be given at [ email@example.com ]. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause above.Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter.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.
12.1 This Agreement is not enforceable by any third party (whether under statute or otherwise). The unenforceability of any part of this Agreement will not affect the enforceability of any other part.
12.2 Unless otherwise agreed, no delay, act or omission by either party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
12.3 This Agreement is the entire agreement between the parties in relation to its subject. No other terms apply.
12.4 This Agreement is governed by the laws of England and Wales and the parties submit to the non-exclusive jurisdiction of the courts of England. 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 events outside our reasonable control.
12.5 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14.
12.6 The contract between you and us is binding on you and us and on our respective successors and assigns.
12.7 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
12.8 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
12.9 If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
12.10 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
12.11 We have the right to revise and amend these terms and conditions from time to time.
12.12 You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
12.13 Variations to this Agreement will also have effect when agreed by e-mail by the parties.