INSTITUTE OF ENVIRONMENTAL MANAGEMENT AND ASSESSMENT AGREEMENT
NOTICE TO PURCHASER: PLEASE READ THIS AGREEMENT CAREFULLY. BY
CLICKING "I ACCEPT" YOU ACCEPT THE FOLLOWING TERMS AND CONDITIONS TO
BE ENTERED INTO BETWEEN YOU AND THE INSTITUTE OF ENVIRONMENTAL
MANAGEMENT AND ASSESSMENT OF ST NICHOLAS HOUSE, 70 NEWPORT,
LINCOLN, LN1 3DP ("IEMA"). PURCHASER AGREES TO BE BOUND BY ALL THE
TERMS AND CONDITIONS OF THIS AGREEMENT. PURCHASER AGREES THAT IT IS
ENFORCEABLE AS IF IT WERE A WRITTEN NEGOTIATED AGREEMENT SIGNED BY
PURCHASER. IF PURCHASER DOES NOT AGREE TO THE TERMS OF THIS
AGREEMENT OR IF YOU ARE NOT AUTHORISED TO ENTER INTO LEGALLY BINDING
CONTRACTS ON BEHALF OF PURCHASER, DO NOT CLICK "I ACCEPT" AND DO NOT
CONTINUE TO PLACE AN ORDER ON THIS WEBSITE.
1. DEFINITIONS
"Shopping Basket" means the screen displayed on the Website which details the
Goods, the Price and other relevant details including, without
limitation, delivery details.
"Delivery Price" means the applicable rate for delivery displayed in the
Shopping Basket and will depend on the weight of the goods
and the day of delivery.
"Effective Date" means the date on which the Purchaser clicks "I Accept" to
accept the terms and conditions of this Agreement.
"Goods" means one or more products available for purchase on the
Website which the Purchaser purchases as detailed in the
Shopping Basket.
"Order" means an order for Goods paid for by the Purchaser via the
Website but not yet delivered.
"Price" means the purchase price displayed in the Shopping Basket,
payable by the Purchaser for the Goods and Delivery Price.
"Purchaser" means the individual or organisation that enters into this
Agreement and makes a purchase from IEMA using the
Website.
"Website" means the website at the url: www.iema.net
2. PURCHASE AND DELIVERY OF GOODS
2.1 Subject to receipt by IEMA of the Price, and Purchaser's compliance with all the terms
and conditions of this Agreement, IEMA shall use all reasonable endeavours to supply
the Goods to the Purchaser in accordance with the details contained in the Shopping
Basket.
2.2 Completing and submitting an Order over the Website amounts to an offer to contract
with IEMA by Purchaser. Such offer is accepted and a binding contractual agreement
is entered into between you and IEMA, when acceptance of your offer is generated by
the Website. For the avoidance of doubt, IEMA is under no obligation to accept any
offer.
2.3 If for any reason IEMA is not able to obtain the relevant Goods, IEMA will be entitled to
cancel an accepted Order or any part thereof by notice to the Purchaser. In such
circumstances, IEMA will refund to the Purchaser such portion of the Price as relates
to the Goods that IEMA is unable to provide.
2.4 The delivery of Goods will be carried out by third party couriers or service providers.
Any timescales for delivery given on the Website are purely estimates and shall not
result in any binding obligations on IEMA. IEMA cannot be held liable for any delay in
such delivery.
3. PRICE
3.1 In consideration for the provision of the Goods, Purchaser shall have paid IEMA the
Price.
3.2 The Price is inclusive of VAT (if applicable). The Price does not include any import
duties or taxes which may be levied by any local authorities if the Goods are to be
delivered outside the United Kingdom. Any such additional duties or taxes shall be
paid directly to the relevant body by the Purchaser.
3.3 In the event that the Price is not paid in accordance with the provisions herein, IEMA
may deny the supply of the Goods to the Purchaser without notice.
4. PURCHASER'S WARRANTIES AND UNDERTAKINGS
4.1 Purchaser hereby undertakes to ensure that all details provided to IEMA including,
without limitation, delivery details, are complete and accurate.
4.2 Purchaser hereby warrants that they are 18 years of age or older.
4.3 IEMA shall not be liable for any delay or failure to deliver the Goods which is a result of
Purchaser failing to provide complete and accurate details.
5. TERM AND TERMINATION
5.1 This Agreement shall commence on the Effective Date and shall continue until the
earlier of: (i) delivery of the Goods; or (ii) a refund being given pursuant to these terms
and conditions.
5.2 If you are acting as a consumer and purchasing the Goods from within the UK and,
you shall be entitled to cancel this contract in accordance with the rights granted to you
by The Consumer Protection (Distance Selling) Regulations 2000 ("the Regulations").
The Purchaser shall be liable for the costs of returning any Goods following the
cancellation of a contract under the Regulations. The Purchaser will not be entitled to a
refund of any priority, express or courier charges over and above the standard postage
and packaging charges.
6. LIABILITY AND WARRANTIES
6.1 To the maximum extent permitted by law, IEMA shall not be liable for any loss, injury
or damage caused in whole or part by, or resulting from any failure, delay, interruption
or otherwise of the provision of the Goods
6.2 Purchaser's sole remedy with respect to any claims arising out of this Agreement shall
be limited to a refund of the Price.
6.3 In no event shall IEMA be liable for any special, indirect, incidental or consequential
damages, including loss of profits and goodwill, business or business benefit, or the
cost of procurement of substitute products or Goods by Purchaser even if advised of
the possibility of such damages.
6.4 All warranties, including without limitation, the implied warranties of merchantability,
fitness for a particular purpose, and any warranties arising by statute or otherwise in
law or from course of dealing, course of performance, or use of trade are hereby
excluded and disclaimed to the fullest extent possible by law.
7. DATA PROTECTION
7.1 IEMA is the data controller of your data. IEMA is registered under the Data Protection
Act 1998 (DPA) and complies with the DPA in all dealings with Purchaser personal
data.
7.2 When offering to enter into a contract with IEMA, a Purchaser consents to IEMA and
any third parties involved in fulfilling an Order processing such Purchaser's personal
data to the extent necessary to fulfill that Order.
8 GENERAL
8.1 Subscriber shall not assign this Agreement, in whole or in part, without the written
consent of IEMA.
8.2 This Agreement and its performance shall be governed by and construed in
accordance with and the parties hereby submit to the exclusive jurisdiction of the laws
of England and Wales.
8.3 If any provision of this Agreement or the Goods thereof is declared void, illegal, or
unenforceable, the remainder of this Agreement will be valid and enforceable to the
extent permitted by applicable law.
8.4 Any failure by any party to this Agreement to enforce at any time any term or condition
under this Agreement will not be considered a waiver of that party's right thereafter to
enforce each and every term and condition of this Agreement.
8.5 IEMA will not be responsible for delays resulting from circumstances beyond its
reasonable control including courier and/or postal services.
8.6 This Agreement (i) constitutes the entire agreement and understanding between the
parties with respect to the subject matter hereof and supersedes all prior agreements,
oral and written, made with respect to the subject matter hereof, and (ii) cannot be
altered except by agreement in writing executed by an authorised representative of
each party. No purchase order and/or standard terms of purchase provided by
Subscriber shall supercede this Agreement.
8.7 Nothing in this Agreement shall give, directly or indirectly, any third party any
enforceable benefit or any right of action against IEMA and such third parties shall not
be entitled to enforce any term of this Agreement against IEMA.
If you have any questions regarding this Agreement or if you wish to discuss the terms and
conditions contained herein please contact IEMA using the following contact details:
Website: www.iema.net
Email: iemashop@iema.net
Address: Publications, The Institute of Environmental Management and Assessment,
Nicholas House, 70 Newport, Lincoln, LN1 3DP
Freephone: +44 (0) 1522 540090
4
Version: 1.0
Date: 03 January 2006
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