These Terms and Conditions set out the terms under which you may use this website, https://trainingandsupport.co.uk ("Our Site"). Please read these Terms and Conditions carefully and ensure that you understand them.
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
"Contract" means a contract for the purchase and sale of Services;
"Order" means your intention to purchase the Services;
"Services" means the services which are to be provided by Us to you as detailed on Our Site;
"Content" means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;
"User" means a user of Our Site.
"We/Us/Our" means trainingandsupport.co.uk, which is a trading style of Hopkins T.A.S Ltd, a company registered in England, number 10171365, whose registered office and main trading address are shown on the Contact page of Our Site.
2. Information About Us
2.1 Our Site, https://trainingandsupport.co.uk, is a trading style of Hopkins T.A.S Ltd owned and operated by Angela Hopkins.
3. Access to Our Site
3.1 Access to Our Site is provided "as is" or on an "as available" basis. We may alter, suspend, or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
4. Age Restrictions
4.1 Users may only purchase services through Our Site if they are at least 18 years of age.
5. Services, Pricing and Availability
5.1 We neither represent nor warrant that all Services advertised on Our Site will be available at all times.
5.2 We reserve the right to change prices.
6.1 No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at our sole discretion, accept. Our acceptance is indicated by your signature of the legal document/s the Lasting Power of Attorney. Only when you have signed the legal document/s and/or we have received your payment will there be a legally binding contract between Us and you ("the Contract").
6.2 If We, for any reason, do not accept or cannot fulfil your Order, any payment you have made will be refunded in full. If we do not fulfil your Order to your satisfaction, the cause of which is not due to any negligence or error on your part, your payment will be refunded in full.
7.1 Payment for the Services will be in the form of an advance electronic payment or if agreed by invoice for total price for the Goods or Services.
7.2 We accept payment by cheque, bank transfer, and the multiple financial services of Worldpay.
8. Provision of the Services
8.1 We will use all reasonable endeavours to provide the Services with reasonable skill and care, commensurate with best trade practice. We cannot, however, be held responsible for any delays if an event outside of our control occurs.
8.2 If the information you provide is incomplete or otherwise incorrect, we will not be responsible for any delay caused as a result. If additional work is required from us to correct or compensate for a mistake made as a result of incomplete or otherwise incorrect information that you have provided, we reserve the right to charge you a reasonable additional sum for that work or, alternatively, you may be asked to recommence the procedure, including payment in full.
8.3 Please note that since the provision of Services may occur immediately following receipt of your payment, your right to cancel under the statutory 14 day "cooling off" period may be lost (please refer to Clause 10 for your cancellation rights).
8.4 If you cancel after provision of the Service has begun but is not yet complete you will still be required to pay for the Services provided up till the point at which you inform us that you wish to cancel. The amount due shall be calculated in proportion to the full price of the Services and the actual Services already provided. Refunds, where applicable, will be issued within 14 days of the date you inform us of your wish to cancel.
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10. Problems with the Services and Your Legal Rights
10.1 We always use reasonable endeavours to ensure that Our Services are trouble-free. If, however, there is a problem with the Services please contact Us as soon as possible.
10.2 We will use reasonable endeavours to remedy problems with the Services as quickly as is reasonably possible and practical.
10.3 As a consumer, you have certain legal rights with respect to the purchase of services. For full details of your legal rights and guidance on exercising them it is recommended that you contact your local Citizens Advice Bureau or Trading Standards Office. If we do not perform the Services with reasonable skill and care, you have the right to request repeat performance free of charge, or, if that is not possible or done within a reasonable time without inconvenience to you, you have the right to a full refund, in compliance with the guarantee of satisfaction as given on Our Site.
11. Our Liability
11.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created, we will not be responsible for any loss or damage that is not foreseeable.
11.2 We provide Services for domestic and private use or purposes. We make no warranty or representation that the Services are fit for commercial or industrial purposes of any kind, including resale. We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
11.3 Nothing in these Terms and Conditions seeks to exclude or limit Our liability for failing to perform the Services with reasonable care and skill or in accordance with information provided by Us about the Services or about Us.
11.4 Nothing in these Terms and Conditions seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to your Citizens Advice Bureau or Trading Standards Office.
12. Events Outside of Our Control (Force Majeure)
12.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action by third parties, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster or any other event that is beyond Our reasonable control.
12.2 If any event described under this Clause 12 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
12.2.1 We will inform you as soon as is reasonably possible;
12.2.2 Our obligations under these Terms and Conditions (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
12.2.3 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Services as necessary;
12.2.4 If the event outside of Our control continues for more than 48 hours, we may cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of such cancellation will be paid to as soon as is reasonably possible and in any event no later than 14 calendar days after the date on which We inform you of the cancellation;
12.2.5 If an event outside of Our control occurs and you wish to cancel the Contract as a result, you may do so. Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and in any event no later than 14 calendar days after the date on which you inform Us that you wish to cancel.
13. Intellectual Property Rights
13.1 All content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to Us. All content is protected by applicable United Kingdom and international intellectual property laws and treaties.
13.2 Subject to sub-Clauses 14.3 and 14.6 you may not reproduce, copy, distribute, sell, rent, sub-license, store, or in any other manner re-use Content from Our Site unless given express written permission by Us to do so.
13.3 You may:
13.3.1 Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);
13.3.2 Download Our Site (or any part of it) for caching;
13.3.3 Print pages from Our Site;
13.3.4 Download extracts from pages on Our Site; and
13.3.5 Save pages from Our Site for later and/or offline viewing.
13.4 Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.
13.5 You may not use any Content saved or downloaded from Our Site for commercial purposes without first obtaining a license from us (or our licensors, as appropriate) to do so. [This does not prohibit the normal access, viewing and use of Our Site for general information purposes whether by business users or consumers.]
14.1 The Content on Our Site does not constitute advice on which you should rely. It is provided for general information and guidance purposes only. Professional advice should always be sought before taking any action relating to the preparation of legal documents.
14.2 Insofar as is permitted by law, We make no representation, warranty or guarantee that Our Site will fully meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware or that it will be infallibly secure. If, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Site damages your device or other digital content belonging to you, you may be entitled to certain legal remedies. For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.
14.3 We make reasonable efforts to ensure that the Content of Our Site is complete, accurate and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate or up-to-date.
15. Viruses, Malware and Security
15.1 We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.
15.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
16. Acceptable Usage Policy
16.1 You may only use Our Site in a manner that is lawful and that complies with the provisions of this Clause 17. Specifically:
16.1.1 You must be over 18 years of age and of sound mind;
16.1.2 You must ensure that you comply fully with all and any local, national or international laws and/or regulations;
16.1.3 You must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
16.1.4 You must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software or data of any kind; and
16.1.5 You must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
17. Law and Jurisdiction
17.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, the law of England and Wales.
17.2 If you are a consumer, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England and Wales.
17.3 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England and Wales.
20. Other Important Terms
20.1 You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.
20.2 The Contract is between you and us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
20.4 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, those provisions shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
20.5 No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.
20.6 We may revise these Terms and Conditions from time to time in response to changes in relevant laws and other regulatory requirements.
21. Complaints and Feedback
21.1 We welcome feedback from Our customers and whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, we nevertheless want to hear from you if you have any cause for complaint.
Terms and Conditions of Sale of Products
1.1 The "Buyer" means the person and company who buys or agrees to buy Goods from the Seller.
1.2 The "Seller" means Hopkins T.A.S Ltd.
1.3 "Conditions" means the Conditions of Sale set out in this document and any special conditions agreed in writing by the Seller.
2.1 These "Terms and Conditions" do not affect your statutory rights as a consumer.
2.2 All contracts of sale made by the Seller shall be deemed to incorporate these terms and conditions which shall prevail over any other document or communication from the Buyer.
2.3 If any amendments to this terms and conditions are required it is preferable that they be confirmed in writing.
2.4 Acceptance of delivery of Goods shall be deemed conclusive evidence of the Buyers acceptance of these Conditions.
3.1 The Price shall be that on the Seller’s current list price, web site, or if applicable the price contained in the Seller’s Quotation. The quotation taking precedence within stated time limits.
3.2 Should a product's price change between receipt of order and dispatch the buyer will be notified and given the opportunity to cancel the order and receive a full refund.
3.3 All Prices are exclusive of VAT and any charges for packing, postage and carriage (plus VAT) which shall be paid in addition unless otherwise stated in writing. We charge a flat rate for P&P on orders within UK Mainland, however we will reserve the right to charge for postage in other areas.
3.4 In the case of non account sales, payment must be made in full before dispatch of any Goods.
3.5 In the case of other sales, payment is due in full on the terms of credit agreed which shall not be more than 14 days from the date of invoice (unless extended in writing). Time for payment shall be of the essence and any failure to pay shall entitle the Seller at its option to treat the Contract as repudiated by the Buyer or to delay delivery until paid.
3.6 If any act or proceedings shall be commenced in which the Buyer’s solvency is concerned, all monies under any transaction covered by these Conditions shall become immediately due and payable
4. Interest on Overdue Invoices
4.1 Interest on overdue invoices shall accrue from the date when payment becomes overdue on a monthly basis until the date of payment at 5% of the invoice total, the sum of which will be added to your invoice. You may also lose any discounts offered to you as part of the sale.
4.2 We require payment to terms. Payment must be made on time, in full and without any deductions, set off or counterclaim. In the event that an account is outstanding, we will refer the matter to our debt collection agents, which will incur costs, any costs incurred to collect the debt will be added to the debt plus VAT at the prevailing rate. You agree that you will be legally liable to pay us at that surcharge, and that the payments of the same can be enforced against you in court. You also agree to pay interest at the relevant reference rate provided for under the Late Payment of Debts (Interest) Act 1998, which is payable both after and before any judgement of the court and continues to accrue.
5. Warranty and Liability
5.1 The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller. Except where the Buyer is dealing as a consumer (as defined in the Unfair Contract Terms Act 1977, Section 12) all other warranties, conditions or terms relating to fitness for purpose, merchantability or condition of the Goods, whether implied by Statute, Common Law or otherwise are excluded and the Buyer is satisfied as to the suitability of the Goods for the Buyer’s purpose.
5.2 While every effort is made to ensure that the product specifications submitted are accurate, manufacturers do add and remove functionality in their products as the product is developed. Inevitably there will be a delay before the product descriptions are updated reflecting these changes. It is highly recommended that an evaluation of the chosen product(s) is carried out to ensure that it meets your functional requirements prior to purchase.
6.1 Products supplied within the UK will normally be delivered within 4 weeks of receipt of order.
6.2 Where a specific delivery date has been agreed, and if this delivery date cannot be met the Buyer will be given the option to agree a new delivery date or receive a full refund.
6.3 While every reasonable effort shall be made to keep any delivery date, time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any other person or Company arising directly or indirectly out of any failure to meet any estimated delivery date.
6.4 Delivery of the Goods shall be made to the Buyer’s address and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
7. Ownership and Risk
7.1 The risk in Goods shall pass to the Buyer on delivery of the Goods or on the Goods being appropriated to the Buyer but kept at the Seller’s premises at the Buyer’s request.
7.2 The Seller remains the owner of the Goods affected by the Contract until the Seller has been paid in full for such Goods.
7.3 The Buyer shall inspect the Goods immediately on receipt and shall notify the Seller within a reasonable time of delivery if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do this he is deemed to have accepted the Goods.
7.4 Any Goods in respect of which any claim of defect or damage is made shall be preserved by the Buyer intact together with the original packing at the Buyer’s risk and either
a) retained by the Buyer for a reasonable period to enable the Seller or it's agent to inspect or Collect the Goods or
b) at the Seller’s option returned by the Buyer to the Seller who will refund the cost of postage and packing to the Buyer if the Goods are in fact defective.
8. Cancellation and Returns
8.1 If it is agreed that the goods are to be returned :-
a) a Goods Return number obtained from the Seller must be clearly shown on the returned parcels.
b) the Buyer will be liable cost of remedying any damage to the Goods returned where such damage has, in the opinion of the Seller, been caused by the Goods being inadequately packaged by the Buyer or through the Buyer’s fault.
c) the Seller reserves the right to make a handling and restocking charge of 25% on Goods which are returned if they were ordered in error or are no longer required. If the goods are faulty or being returned under clause 8.2 then the restocking charge will not apply.
d) Some items are subject to special order terms from the manufacturer and cannot be returned. You will notified of these terms when or before you place your order. These items may not be returned or costs refunded as the manufacturer or UK importer will have ordered them specifically for you.
e) Many items sold as used including defibrillators are purchased specifically for that customer and may not be returned unless faulty.
8.2 If you are a consumer you have the right, in addition to your other rights, to cancel your contract with Hopkins and receive a refund. You must contact us and inform us in writing of your desire to cancel your contract within 7 working days of receipt of the relevant product(s). You must return the goods to us at your cost and we advise you to ensure the goods are adequately insured during any return journey.
8.3 Boxed software returned under clause 8.1 must be returned with the box seal unbroken. If the software is delivered electronically we will fax you a Proof of Destruction form. Once this form is signed & returned and meets our returns criteria, your account will be credited accordingly.
9. Force Majeure
In the event that the Seller is prevented from carrying out its obligations under a contract for sale as a result of any cause beyond its control such as but not limited to Acts of God, War, Strikes, Lock-outs, Flood and Failure of third parties to deliver goods, the Seller shall be relieved of its obligations and liabilities under such contract for sale for as long as such fulfilment is prevented.
10. No Waiver
10.1 The Seller’s failure to insist on strict performance of any provision of these Conditions shall not be deemed to be a waiver of its rights or remedies in respect of any present or future default of the Buyer in performance or compliance with any of these conditions.
11.1 Except as may be implied by law where the Buyer is dealing as a consumer, in the event of any breach of these Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential damage.
12.1 If you have a complaint about our service or any goods or services you purchase from Hopkins then please contact us immediately. You will be contacted as soon as possible and definitely within 24 hours of our hearing from you and aim to provide a resolution within 5 working days.
12.2 All complaints will be dealt with in a fair and confidential manner.
13.1 Any contracts shall in all respects be construed and operate as a English contract and in conformity with English law.
13.2 If any part of these terms and conditions that are not fundamental is found to be illegal or unenforceable, such finding will not affect the validity or enforceability of the remainder of these terms and conditions.
Ken has been lovely. Very informative, knowledgeable and friendly. Has made things so much more user friendly.
Liz, from Hitchen
Awesome training, Ken is fab, love the machines!
Tracy from Hitchen
Brilliant - Thank you! Very useful information.
Steph' from Caterham