TERMS AND CONDITIONS OF SALE

PLEASE READ THESE TERMS AND CONDITIONS OF SALE CAREFULLY BEFORE PLACING AN ORDER FOR ANY GOODS.

By clicking on the "Accept" button at the foot of these Terms and Conditions you signify your acceptance of these Terms and Conditions. By placing an order you are making an offer which if accepted by us will constitute a binding agreement between us. If you do not agree to these Terms and Conditions click on the Decline button at the foot of these Terms and Conditions.

These are the Standard Terms and Conditions of Sale of PASS MY EXAMS Limited (registered number 03943500) of 65 Richmond Hill, Luton, Bedfordshire LU2 7HT ("we" or "us") for certain products as set out in the pages on this site from which you have chosen being the products listed in the order form ("the Goods"). Subject to the provisions of clause 4.1 below, the price of each of the Goods and the delivery charges (for addresses in the United Kingdom) are inclusive of Value Added Tax and are as set out next to the relevant Goods on the relevant page of the site and in the Order Form. Whilst every effort is made to deliver the Goods in accordance with the time-scales set out for delivery in the relevant pages, we do not accept any liability for late delivery of the Goods and your attention is drawn to the provisions of clause 6 below. In accordance with the provisions of the Consumer Protection (Contracts concluded by means of Distance Communication) Regulations 2000, you have the right to cancel this transaction. Details of your right to cancel will be sent to you with the Goods when they are delivered and can be found in Clause 9 below. We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms and Conditions at any time. Please check these Terms and Conditions periodically for changes.

1. Interpretation

1.1 In these Terms and Conditions:

"Business Day" means a day (other than a Saturday or Sunday) on which the clearing banks are open for business in the City of London

"Contract" means the contract for the purchase and sale of the Goods

"Goods" means the goods which we are supplying to you in accordance with these conditions.

"Information System" means a system for generating, sending, receiving, storing or otherwise processing electronic communications

"Order" means any order placed by you with us for the supply of Goods

"Order Form" means the order form completed and submitted by you

"First class post" includes recorded delivery and registered post;

"Regulations" means the Consumer Protection (Contracts Concluded by Means of Distance Communication) Regulations 2000

"Terms and Conditions" means the standard Terms and Conditions of sale set out in this document

"Writing" includes e-mail, facsimile transmission and comparable means of communication.

1.2 Any reference in these Terms and Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.

1.3 The headings in these Terms and Conditions are for convenience only and shall not affect their interpretation.

1.4 Unless the context otherwise requires:-

1.4.1 words importing the singular shall include the plural and vice versa;
1.4.2 words importing gender shall include all genders;
1.4.3 references to persons shall include bodies of persons whether corporate or incorporate.
1.5 Unless the context otherwise requires references to clauses shall be construed as references to clauses of these Terms and Conditions.

2. Basis of the sale

2.1 We shall sell to you and you shall purchase only those Goods which you have set out in an Order which has been accepted by us. We reserve the right to reject any Order. Each such sale of Goods will be subject to these Terms and Conditions, which shall govern the Contract to the exclusion of any other terms and conditions subject to which any Order is made or purported to be made by you.

2.2 No Order submitted by you shall be deemed to be accepted by us unless we confirm it in writing.

2.3 No variation to these Terms and Conditions shall be binding unless we agree to it in writing.

2.4 Any advice or recommendation given on this web site or otherwise given by us or any of our employees or agents to you as to the application or use of the Goods which is not confirmed in writing by us is followed or acted upon entirely at your own risk, and accordingly we shall not be liable for any such advice or recommendation which is not so confirmed.

2.5 Any typographical, clerical or other error or omission on any page of this web site or in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by us shall be subject to correction without any liability on our part.

3. Orders

3.1 You shall be responsible for ensuring the accuracy of the terms of any Order submitted by you, and for giving us any necessary information within a sufficient time to enable us to perform the Contract in accordance with its terms.

3.2 The quantity, quality and description of and any specification for the Goods shall be those set out in the relevant pages of this web site.

4. Price of the goods

4.1 The price of the Goods shall be the price set out on the relevant page of this web site. We reserve the right to change the prices set out on this site provided that if we accept an order from you the price for the goods will be the price set out in the relevant page at the time the order is placed.

4.2 You shall be liable to pay our charges for delivery which are set out on the relevant page of this web site.

4.3 The price is inclusive of any applicable value added tax.

5. Disclaimer

5.1 Whilst every effort is made to ensure the information contained on this web site and in the Goods is correct and not misleading we make no warranties representations or undertakings about such content (including, without limitation, any as to the quality, accuracy, completeness or fitness for purpose of such content).

5.2 The Goods supplied are intended to be revision aids only and should not be used as a replacement for study and revision of the appropriate syllabus.

6. Delivery

6.1 Delivery of the Goods shall be made by us or our carrier to the address for delivery shown on the Order Form which must be an address in the United Kingdom.

6.2 Whilst every effort will be made to ensure that any Goods ordered are delivered within the period specified for delivery of such goods on the relevant page and subject to our obligations under the Regulations, any dates quoted for delivery of the Goods are approximate only and we shall not be liable for any delay in delivery of the Goods however caused. The Goods may be delivered by us in advance of the estimated delivery date.

6.3 The Goods may at our discretion be delivered in instalments. Each delivery shall constitute a separate contract and failure by us to deliver any one or more of the instalments in accordance with these Terms and Conditions or any claim by you in respect of any one or more instalments shall not entitle you to treat the Contract as a whole as repudiated.

6.4 If we fail to deliver the Goods (or any instalment) for any reason other than any cause beyond our reasonable control or your fault, and we are accordingly liable to you, our liability shall be limited to the price of the Goods.

6.5 If you fail to take delivery of the Goods or fail to give us adequate delivery instructions then, without prejudice to any other right or remedy available to us, we may cancel the Contract and refund to you the price of the goods less the cost of their delivery and the cost of their being returned to us.

7. Risk and property

7.1 Risk of damage to or loss of the Goods shall pass to you at the time of delivery or, if you wrongfully fail to take delivery of the Goods, the time when we or our carrier has tendered delivery of the Goods.

7.2 Subject to clause 9 and notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Terms and Conditions, the Goods are not your property until we have received payment for them.

8. Warranties and liability

8.1 Your statutory rights including those under the Regulations are not affected by these Terms and Conditions.

8.2 Any claim by you which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall (whether or not delivery is refused by you) be notified to the Company within 7 days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If delivery is not refused, and you do not notify us accordingly, you shall not be entitled to reject the Goods and we shall have no liability for such defect or failure, and you shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract.

8.3 Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods is notified to us in accordance with these Terms and Conditions, we shall be entitled to replace the Goods (or the part in question) free of charge or, at our sole discretion, refund to you the price of the Goods (or a proportionate part of the price), but we shall have no further liability to you.

8.4 Except in respect of death or personal injury caused by our negligence, we shall not be liable to you by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any loss of profit, loss or corruption of data, loss of anticipated savings or any other indirect, special or consequential loss or damage, costs, expenses or other claims for compensation whatsoever (whether caused by our negligence, our employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use by you, and our entire liability under or in connection with the contract shall not exceed the price of the Goods, except as expressly provided in these Terms and Conditions.

8.5 Subject to our obligations and your rights under the Regulations, we shall not be liable to you or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of our obligations in relation to the Goods, if the delay or failure was due to any cause beyond our reasonable control.

9. Right of Cancellation

9.1 You shall have a period of seven working days after the date on which you have received the Goods and a notice of your right of cancellation to withdraw from the Contract and to return the Goods to us. You shall be responsible for payment of the direct costs in returning the Goods to us and we shall be entitled to deduct from any refund of the price for the Goods an amount equal to such delivery costs as are paid by us on your behalf.

10. Communications

10.1 Any notice given under or in relation to this Agreement will be in writing and signed by or on behalf of the party giving it and may be served by:

10.1.1 delivering it personally or by sending it by pre-paid first class post, or recorded delivery or registered post;
10.1.1 or by facsimile transmission;
10.1.2 or by e-mail provided that the requirement for the notice to be signed will not apply to notices served by e-mail

10.2 Any such notice will be deemed to have been received:

10.2.1 if delivered personally, at the time of delivery;
10.2.2 in the case of pre-paid first class post or recorded delivery or registered post, 48 hours from the date of posting if from and to an address in the United Kingdom or Northern Ireland and 5 days from the date of posting if from and to an address elsewhere;
10.2.3 in the case of facsimile 12 hours after the time of transmission provided an error-free transmission has been received by the sender provided that within 24 hours of transmission a copy of the facsimile is sent by post to the intended recipient in accordance with the provisions of clause 10.1;and
10.2.4 in the case of e-mail at the time that the e-mail enters an Information System of the intended recipient provided that no error message indicating failure to deliver has been received by the sender and provided further that within 24 hours of transmission a hard copy of the e-mail signed by or on behalf of the person giving it is sent by post to the intended recipient in accordance with the provisions of clause 10.1

Provided that if deemed receipt occurs before 9am on a Business Day the notice will be deemed to have been received at 9am on that day, and if deemed receipt occurs after 5pm on a Business Day, or on a day which is not a Business Day, the notice will be deemed to have been received at 9am on the next Business Day.

10.3 In proving such service it will be sufficient to prove that the envelope containing such notice was addressed to the address of the relevant party and delivered either to that address or into the custody of the postal authorities as a pre-paid recorded delivery, registered post or airmail letter, or that the notice was transmitted by fax to the fax number of the relevant party.

11. General

11.1 No waiver by us of any breach of the Contract by you shall be considered as a waiver of any subsequent breach of the same or any other provision.

11.2 If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected.

11.3 The Contract shall be governed by the laws of England and Wales, and you agree to submit to the non-exclusive jurisdiction of the English courts.