TERMS of EVENTS
1. General Information
1.1 These Conditions are supplemental to THE SPACE TO THINK Ltd “Terms of Sales” “Copyright Policy” and “Privacy Policy” and tell you the terms and conditions on which The Space to Think supply any of the events via the website.
1.2 Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using thespacetothink.co.uk website (the “Service”) operated by The Space to Think Ltd a registered company in England 15780513 (“I”, “me”, “my”, ”us”, “we”, or “our”). You should understand that by ordering any of our goods and/or services, you agree to be bound by these Terms.
1.3 By ordering any events/services you accept these Terms.
2. Definitions and Interpretation
2.1 In these Terms the following definitions apply unless the context requires otherwise:
“Cooling-off Period” means in the case of the purchase of events/services, the 7 working day period commencing on the day following the day we accept Your Order.
“Business Customer” means any purchaser who is not a consumer.
“Consumer” means any natural person who, when placing an Order, is acting for purposes which are outside their trade, business or profession.
“Event” any training course or event offered by us.
“Order” means an order for events/goods and/or services which is subject to these Terms.
“Website” mean www.thespacetothink.co.uk
3. Placing an Order
3.1 The appearance of the goods or services on our website is an invitation to you to make an offer to purchase them by placing an order with us. To place your Order, please follow the steps set out on THE SPACE TO THINK Website.
3.2 Where your email address has been provided on the Order we will acknowledge receipt of your Order. Please note that such an acknowledgment does not mean that your Order has been accepted.
3.3 Acceptance will take place and be deemed complete and effectively communicated to you on the earlier of: a) the date of any confirmation email sent by us; b) despatch of the goods ordered; or c) delivery of the services ordered.
3.4 If you do not receive a confirmation email we recommend that you first check your spam/junk box and then contact THE SPACE TO THINK to confirm that your Order has been received and processed.
3.5 If, following acceptance of an Order THE SPACE TO THINK does not supply the goods or services to you for any reason, THE SPACE TO THINK will not charge you for those events, goods or services and will refund any money already paid for them. However, THE SPACE TO THINK will not be responsible for compensating you for any other losses which you may suffer if it does not supply the Event, Goods or Services.
4. Prices and Payment
4.1 The prices payable for the Order (including any delivery charges) are as set out on our Website. All prices are stated in UK Pounds Sterling and are exclusive of any applicable sales tax, duty or VAT.
4.2 Prices are liable to change at any time. Subject to clauses 5.3 and 10.3, such changes will not apply to Orders of which THE SPACE TO THINK has already confirmed receipt.
4.3 Whilst THE SPACE TO THINK tries to ensure that the prices and descriptions of the events, goods and services shown on the Website are accurate at the time you place your Order, mistakes may sometimes occur. If we discover a mistake in the price or description of the goods or services THE SPACE TO THINK will contact you as soon as possible and give you the option to either re-order the goods or services at the correct price or description or to cancel your Order. If THE SPACE TO THINK cannot contact you it will treat the Order as having been cancelled. If the Order is cancelled THE SPACE TO THINK will not charge you for those goods or services and will refund any money already paid for them.
4.4 THE SPACE TO THINK must receive payment of the price of the events, goods or services in full and cleared funds before your goods or services are delivered. Payments must be by credit card or debit card unless otherwise agreed in writing.
5. Your Cancellation of an Order
5.1 The Space to Think’s cancellation policy varies depending on the type of events, goods or services purchased.
5.2 Events
5.2.1 You may cancel an Order for a place at an Event provided that notice of such cancellation is received no less than 14 days prior to the day of the Event in which case we shall refund 50% of the Event price to you. Unless otherwise specified, any cancellation notices received less than 14 days prior to the day of the Event shall not be eligible for a refund.
5.2.2 You may send a substitute attendee if the original attendee can no longer attend, only on agreement with THE SPACE TO THINK.
5.2.3 Non-payment and/or non-attendance do not constitute valid cancellation and THE SPACE TO THINK reserves the right, in its sole discretion, to charge (and you agree to pay) the full Event price in such circumstances.
5.3 General Provisions
5.3.1 To cancel an Order, you must inform us in writing.
5.3.2 You must return any goods in respect of which an Order has been cancelled to THE SPACE TO THINK 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 goods while they are in your possession. If you fail to comply with this obligation, THE SPACE TO THINK may have a right of action against you for compensation.
5.3.3 If you cancel an Order and do not return the goods to THE SPACE TO THINK as required, THE SPACE TO THINK may charge you its direct costs of recovering the goods.
5.3.4 Nothing in these Terms affects a consumer’s statutory rights. For more information regarding a consumer’s statutory rights please visit the Citizens Advice Bureau website at: www.citizensadvice.org.uk.
6. Cancellation by The Space to Think
6.1 THE SPACE TO THINK reserve the right to cancel an Order which it has accepted if:
6.1.1 THE SPACE TO THINK encounters technical problems in delivering the goods or services; or
6.1.2 the goods or services requested are no longer available;
6.1.3 one or more of the goods or services you ordered was listed at an incorrect price due to a typographical error or an error in pricing information.
6.2 If THE SPACE TO THINK cancels an Order pursuant to clause 6.1, THE SPACE TO THINK will notify you by e-mail and will re-credit to your account any sums already paid by you to THE SPACE TO THINK in accordance with clause 7. THE SPACE TO THINK will not be liable for any compensation for disappointment or damages for any other loss suffered as a result of the cancellation.
7. Refunds
7.1 We will process all refunds due to you as soon as possible (and, in any event, where you are a Consumer, within 30 days of the date on which you notify us (or we notify you) of a wish to cancel).
7.2 Refunds will usually be made using the same method originally used by you to pay for your purchase of the Goods.
8. Delivery
8.1 The method of delivery varies depending on the type of goods or services purchased.
8.1.1 Training Courses & Events
i. THE SPACE TO THINK will issue an email confirmation of a successful booking to the email address supplied on your Order as soon as possible following acceptance of the Order.
ii. THE SPACE TO THINK aims to confirm a booking within 10 days of the date of your Order.
8.1.2 Online Documents
i. THE SPACE TO THINK will deliver the documents (usually in either a word or pdf format) to the email addressed supplied on your Order as soon as possible following acceptance of the Order.
ii. THE SPACE TO THINK aims to deliver the documents within 10 days of the date of Your Order. You should notify THE SPACE TO THINK in writing at its contact address if you do not receive the documents within such 10 day period.
8.1.3 Other goods or services
i. THE SPACE TO THINK will use its reasonable endeavours to deliver the goods or service on or around the estimated delivery date notified to you upon confirmation of acceptance of an Order.
i. Where no estimated delivery date is provided, THE SPACE TO THINK shall deliver the goods or services within a reasonable period of time following acceptance of the Order.
9. Defective Goods or Services
9.1 If you are a Consumer and have purchased personalised goods or, if you are a Business Customer and have purchased any goods, then you may only return them to THE SPACE TO THINK if they are damaged or not substantially in accordance with your order specifications (“Defective Goods”). You may return any Defective Goods to us and we will, at your option, either replace the Defective Goods or give you a full refund of the price actually paid and any delivery charges reasonably incurred in receiving and returning the Defective Goods PROVIDED THAT you return them within a reasonable period of time after the date that you received them.
9.2 Nothing in these Terms affects a consumer’s statutory rights.
9.3 If you receive Defective Goods you shall act reasonably when seeking redress and not incur any unnecessary costs. In particular you shall:
9.3.1 report faults as soon as reasonably practicable; and
9.3.2 look after the Defective Goods with due care.
9.4 If you are a Consumer and have purchased services which in your opinion have not been performed in accordance with these Terms, then you may cancel the Order and, THE SPACE TO THINK will either re-perform the defective services or, subject to your own investigation substantiating your claim, give you a full refund of the price actually paid within 30 days of confirmation of your entitlement to a refund.
10. Additional terms relating to Events
10.1 THE SPACE TO THINK cannot guarantee that your booking for an Event is secure until payment has been received from you in full.
10.2 Unless otherwise stated, the price includes any materials and any refreshments provided by THE SPACE TO THINK in respect of a particular Event.
10.3 THE SPACE TO THINK reserves the right to increase the price of an Event at any time prior to the day of the Event due to any factors beyond our reasonable control. THE SPACE TO THINK shall provide you with as much notice as reasonably possible of any such increases in price.
10.4 You shall be responsible for all of your attendees and will indemnify THE SPACE TO THINK and keep THE SPACE TO THINK indemnified against all losses, damages, costs and expenses awarded against, or suffered or incurred by THE SPACE TO THINK or its suppliers as a result of the actions or omission of such persons.
10.5 You shall provide THE SPACE TO THINK with such co-operation and information as it may reasonably require in relation to your attendance at the Event, including without limit details of any special requirements (such as dietary or access requests) that you may have.
10.6 THE SPACE TO THINK shall inform you as soon as reasonably possibly of any change to (for example, content, location or time) cancellation or postponement of an Event. Where an Event is cancelled or postponed THE SPACE TO THINK will contact you to rearrange a new event and, if you are unable to attend the revised event, THE SPACE TO THINK shall refund the price paid to you.
10.7 The intellectual property rights (including, without limit, copyright and trade marks) arising out of or in relation to the Event (including, without limit, any materials provided by us) shall, as between THE SPACE TO THINK and you, remain vested in The Space to Think. You shall not be entitled to copy or distribute any of our materials or content provided to you prior to or during the Event without our prior written consent.
11. Liability
11.1 THE SPACE TO THINK warrants that:
11.1.1 where you are a Consumer and purchase any goods from THE SPACE TO THINK through the Website, such goods shall be of satisfactory quality or reasonably fit for purpose;
11.1.2 where you are a Business Customer and purchase any goods from THE SPACE TO THINK through the Website, such goods shall correspond with the description on the Website; and
11.1.3 any services purchased from THE SPACE TO THINK through the Website are performed with reasonable skill and care and correspond with the description on the Website.
11.2 THE SPACE TO THINK shall not be liable for any loss or damage to the goods where you have: (a) damaged the goods through your own activity or inactivity; (b) misused the goods and caused a fault (e.g. through the use of incompatible systems); or (c) attempted to repair the goods.
11.3 THE SPACE TO THINK uses reasonable endeavours to ensure that all the content provided in any documents purchased from THE SPACE TO THINK is correct at the time of publication. The content is provided in the documents on an information basis only and should not be relied upon. No responsibility is accepted by THE SPACE TO THINK for any errors, omissions, or misleading content in the documents.
11.4 THE SPACE TO THINK does not guarantee the accuracy, timeliness, completeness, performance or fitness for a particular purpose of the content supplied in any documents purchased from us. IT IS YOUR RESPONSIBILITY TO SELECT THE CORRECT DOCUMENT FOR YOUR NEEDS. You should take legal advice regarding this if you are uncertain. Likewise, completion of any blanks or alternatives is entirely your responsibility.
11.5 For the avoidance of doubt, if you are a Business Customer and purchase goods or services from THE SPACE TO THINK through the Website, THE SPACE TO THINK does not warrant that the goods or services will be of satisfactory quality or reasonably fit for purpose. It is your responsibility to ensure that the goods and services fulfil your requirements. All conditions, warranties, stipulations and other terms which might otherwise be implied by statute, common law or the law of equity are excluded to the fullest extent permitted by law.
11.6 Save as provided in clause 11.7:
11.6.1 The Space to Think’s total aggregate liability to you in respect of any goods or services purchased from THE SPACE TO THINK through the Website (whether in contract, tort (including, but not limited to, negligence) or strict liability or otherwise howsoever arising) shall not exceed the total price payable by you to THE SPACE TO THINK for such goods or services;
11.6.2 THE SPACE TO THINK will not be liable for any claim to the extent that it relates to loss of profits, loss of business, goodwill, business opportunity or anticipated savings, injury to reputation, third party losses or indirect, consequential or special loss or damage regardless of whether THE SPACE TO THINK new or had reason to know of the possibility of the loss or damage in question; and
11.6.3 THE SPACE TO THINK will not be liable for any delay in or failure to comply with its obligations (including, without limitation, a failure to provide an Event) to the extent that such failure results from circumstances beyond reasonable control.
11.7 Nothing in these terms shall limit our liability for personal injury or death caused by our negligence, fraud or fraudulent misrepresentation and/or for any other loss or damage the exclusion or limitation of which is prohibited by English law.
12. Data Protection, Privacy and Cookies
Please see our “Privacy Policy” for details as to how THE SPACE TO THINK will treat your personal data.
13. The Space to Think’s right to vary these Terms
THE SPACE TO THINK reserves the right to change these Terms at any time without prior notice to you. The changes will not apply to any purchase where THE SPACE TO THINK have already confirmed receipt of your Order.
14. Written Communications
14.1 THE SPACE TO THINK is required by law to provide certain information or communications to you in writing.
14.2 When using the Website, you accept that communication with THE SPACE TO THINK will be mainly electronic. THE SPACE TO THINK will contact you by e-mail or provide you with information by posting notices on our Website. You agree to this electronic means of communication.
15. Governing Law
Any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to these Terms shall be governed and construed in accordance with English law. You and THE SPACE TO THINK hereby accept the exclusive jurisdiction of the English courts or where you are a consumer living in Scotland, Wales or Northern Ireland, the law and courts of the relevant part of the United Kingdom.
16. General
16.1 Even though any contract between you and THE SPACE TO THINK relating to your purchase of the goods or services is concluded over the internet, you and THE SPACE TO THINK agree that it has been concluded in England in writing.
16.2 You may not sub-contract, transfer or assign any rights and/or obligations under the Order without our prior written permission.
16.3 The remedies available to either you or THE SPACE TO THINK under the Terms shall not exclude or limit any other rights that you or THE SPACE TO THINK may have against each other. Any failure by us to enforce any of our rights under these Terms shall not affect our right to enforce them at a later date.
16.4 If a court or other regulatory body finds that any part of these Terms is invalid or unenforceable, the remainder of them shall not be affected and shall be construed as if such invalid or unenforceable part did not exist.
16.5 Nothing in these Terms is intended to or shall operate to create a partnership or joint venture of any kind between us or to authorise either of us to act as agent for the other, and neither of us shall have authority to act in the name or on behalf of or otherwise to bind the other in any way (including but not limited to the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
16.6 These Terms are not intended to create and shall not create any rights, entitlements, claims or benefits enforceable by any third party by virtue of the Contracts (Rights of Third Parties) Act 1999.