RYA TRADING TERMS AND CONDITIONS
1.1 www.rya.org.uk (the “Site”) is operated by Royal Yachting Association (“RYA”, “we” and “us”).
1.2 The terms contained in this document (“Trading Terms”) apply to all transactions for the purchase of products and services from the Site and also to purchases made by telephone or email. Please read these Trading Terms carefully before making a purchase from us. By ordering any products or services from us you are indicating your acceptance to be bound by these Trading Terms. They form a legal agreement between you and us and can only be amended with our consent. If you are reading a copy of these Trading Terms on the Site you can print a copy by selecting the print option from the “File” menu of your browser.
1.3 These Trading Terms do not apply to eBook redemptions vouchers. (These are usually offered by third party training centres).
2.1 Orders for products and services may be placed by telephone or email and also by following the onscreen prompts on our website after clicking on the item you are interested in. If ordering on the Site you will have an opportunity to check and correct any input errors in your order up until the point at which you submit your order by clicking the “Place your Order” button on the “Basket” page.
2.2 All orders placed by you are subject to acceptance by us. We may choose not to accept your order for any reason and will not be liable to you or to anyone else in those circumstances.
2.3 After submitting an order to us, you will be sent an order acknowledgement email with your order reference and details of the products/services you have ordered. Please note, this email is an acknowledgement and is not an acceptance of your order.
2.4 If your order includes products which are not available from stock and have been discontinued, we will contact you by email or by telephone to notify you that we have cancelled your order. If we cancel your order any sum debited by us from your credit/debit card will be refunded in full to the same card.
2.5 Acceptance of your order and the formation of a contract between us will take place when we dispatch the products you have ordered to you, unless we have notified you that we do not accept your order or you have already cancelled it in accordance with the provisions below (see Clause 5 – Product Cancellations and Returns).
2.6 In the case of eBook purchases or redeeming a redemption voucher you will be sent RYA eBook instructions upon placing your first eBook order or applying to redeem voucher which will include a username for your eBook account with us and instructions for downloading the RYA Books app (which you will need to do if you have not already done so). Acceptance of your order for a specific eBook and formation of a contract between us for that specific eBook will take place when we update the permissions on your eBook account to allow you to view the eBook in question. Once such permission is granted the cover image of the eBook within your eBook account will have the words “subscribed” showing underneath it. You are strongly recommended to view the free taster for the eBook you intend to purchase before placing your first eBook order so as to check compatibility of the RYA Books app with the computer and other devices that you wish to use to view the eBook.
2.7 In the case of redeeming an eBook redemption voucher you will be sent RYA eBook instructions which will include a username for your eBook account with us and instructions for downloading the RYA Books app (which you will need to do if you have not already done so). Once such permission is granted the cover image of the eBook within your eBook account will have the words “subscribed” showing underneath it.
3 Prices and payment
3.1 The prices of products and services advertised for sale on the Site are as set out on the Site. All prices are in pounds (£) sterling, inclusive of VAT, but exclude delivery charges. There is no delivery charge for eBook purchases. Business buyers, including RYA recognised training centres, may be eligible for discounted prices.
3.2 Delivery charges, where applicable, are clearly displayed when you view the items you have selected within your basket. Delivery charges will be automatically calculated and added to your order.
3.3 Orders placed online will not be accepted until they have been paid for in full.
3.4 Payment can be made by most major credit or debit cards, by completing the relevant details on the checkout page.. Business buyers may be eligible for credit.
3.5 By using a credit/debit card to pay for your order, you confirm that the card being used is yours. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment we will not accept your order, we will not be obliged to inform you of the reason for the refusal, and we will not be liable for non-delivery. We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your order.
3.6 In the unlikely event that the price of a product or services has been incorrectly advertised on the Site or in our catalogue, we will contact you by email or telephone to ask whether you wish to proceed with the order at the correct price. If you are not happy to proceed, or we are unable to obtain your instructions, we will cancel the order and any sum debited by us from your credit/debit card will be refunded in full to the same card.
3.7 If you are ordering products for delivery outside of the EU please note that your consignment may be subject to import duties and taxes which are levied once the products reach the country of destination. You will be responsible for these. We have no control over such charges and cannot advise you as to what they may be, although your local customs office may be able to assist. For deliveries outside the United Kingdom, you will be regarded as the importer and it is your responsibility to comply with all laws and regulations of the country in which the products are to be delivered. Cross-border deliveries may be subject to opening and inspection by customs authorities. The RYA recommends that you check with your local customs officials or post office for more information regarding importation taxes/duties that may be applicable to an online order.
3.8 For digital services (including eBooks) supplied to customers within the EU, VAT will be paid in the consumer’s country. It will be charged at the rate that applies in the consumer’s country. For those customers who have products delivered to an address outside of the European Union the VAT will be removed during the checkout process.
4 Delivery of products
4.1 Subject to availability (see clause 4.2 below), we will use all reasonable endeavours to deliver the products you have ordered as soon as possible after your order is accepted by us and save as mentioned below within 30 days of despatch of the order. We will usually deliver all products comprised in your order in one delivery, unless your order consists of multiple products, some of which are not available from stock, in which case, if all products are not in stock within 21 days of you placing your order, we will separately despatch those items that are. Any dates quoted for delivery outside the United Kingdom are approximate only and the RYA shall not be liable for any delay in delivery of products howsoever caused.
4.2 Where your order is for a publication that is being reprinted or a new edition is being released the expected availability date will usually be advised in the catalogue or on the Site. We will use all reasonable endeavours to despatch the publication as soon as possible after the publication becomes available.
4.3 We will deliver directly to the address specified in your order. We cannot deliver items within the same order to multiple addresses. We will notify you if any items are returned to sender as a consequence of the address specified in your order being incorrect. Items will be redelivered at your request to a new address notified by you upon payment by you of the postage charges.
4.4 Deliveries are made Monday to Friday (excluding public holidays) in accordance with the terms of the delivery service we use. The precise timing of a delivery cannot be specified. Certain deliveries may require a signature to confirm receipt.
4.5 Once delivered, the products ordered will become your property (provided they have been paid for in full) and your responsibility and, except in relation to products that are damaged or faulty when delivered or have been incorrectly delivered, we will not accept any liability for their loss, damage or destruction after they have been delivered.
4.6 In the event that you do not receive your products within a reasonable time of us confirming despatch please contact the Despatch Department and we will endeavour to track your order. If it becomes apparent that an order has been lost in the post we will make arrangements with you to send out a replacement order. We may require a signature to confirm receipt of a replacement order.
4.7 In the case of eBook purchases the product will be made available to view from an eBook account with the username and password we set up for you. It is your responsibility to obtain a copy of an appropriate software for your computer or to have a device compatible for viewing the eBook. Your account will be ordinarily be updated with the permission to allow you to view an eBook purchased within 12 hours of placing your order. If you do not receive eBook account details or permission to view an eBook purchase within 12 hours of placing your order please contact email@example.com
5 Product cancellations and returns
5.1 Except in relation to the products specified in paragraph 5.2 below and subject to clause 5.5 (business buyers) , you may cancel your order (or any part of it) at any stage before the products are delivered to you, and up to 14 days after the day on which you received the products or services. You may cancel the order by notifying us, giving us your full name, address and order reference which you can find on your order acknowledgement email. You may choose to use the cancellation form but it is not necessary to use this form. You may alternatively, let us know that you are cancelling the order by simply returning the products, in accordance with the provisions below. You do not need to give any reason for cancelling your order, but a brief explanation will help us improve the service we offer to customers in the future.
5.2 You may not cancel your order if:
5.2.1 you have taken any audio and/or visual recordings or computer software out of the sealed packaging in which they were delivered to you or the product purchased is an eBook as this cannot by reason of its nature be returned; or
5.2.2 the products have been customised or made to your own specifications unless such products were damaged or faulty when delivered to you or have been incorrectly delivered.
5.3 Where you decide to cancel an order after we have despatched the products, you will be under a duty to return them to us at your own risk and cost. All such products should be returned within 14 days of you cancelling your order (where you choose to cancel by notifying us) and, in any event, no later than 28 days after the products have been delivered to you. Until such time as they are returned, you must retain possession of the products and take reasonable care of them. You should return the products to us unused (except to the extent reasonably necessary to examine them) and together with the original product packaging. We suggest you return the parcel to us either by courier or by recorded delivery mail or other form of certified mail. We advise that you take out enough postal insurance to cover the value of the contents.
5.4 Where you exercise your rights to cancel your order (and the circumstances in Clause 5.2 do not apply), we will refund the price you paid for the products including the delivery costs to you. We will use the method you used for payment. However if you selected a premium delivery service we will ordinarily only reimburse you for a sum equivalent to the standard delivery service. We may reduce the amount we refund you to reflect any loss in value of the products as a result of unnecessary handling of the products by you.
5.5 Cancellation rights do not apply to business buyers. However we may be prepared upon prior written request to repurchase stock that is still current and in resalable condition for up to 28 days after the products are have been delivered to you. Requests for returns outside of the 28 day period should be made to the Publishing Department.
6 Learning tools and eBooks
6.1 All learning tools including books, e-learning tools, DVDs, CD Roms and any other training course materials are sold subject to the condition that they shall not, by way of trade or otherwise, be lent, re-sold, hired out or otherwise circulated without our prior consent in any form of binding or cover other than that in which they are published and without a condition to the same effect as this condition being imposed on the subsequent resale of such books, e-learning tools, DVDs, CD Roms and any other training course materials.
6.2 In order to view an eBook purchased from the RYA you will need to download an RYA Books app. You are strongly recommended to ensure that you have the necessary software or compatible devices by downloading the RYA Books app and the free taster of the eBook before purchase. Any queries should be directed to firstname.lastname@example.org in the first instance.
6.3 Upon placing your first eBook order we will provide you with a username and password for an eBook account within the RYA app. This eBook account may be accessed by you on up to three devices (tablet, smartphone or computer) registered in your name and to which you have downloaded the RYA Books app. As each eBook is purchased we update the permissions on your eBook account to allow you to open up and view the eBook in question. Once such permission is granted the cover image of the eBook within your eBook account will have the words “subscribed” showing underneath it. Such permission is subject to the following provisions:
6.3.1 the eBook is not distributed or transmitted over any network or communication line
6.3.2 the eBook is not copied or modified in any way
6.3.3 the copyright and other proprietary notices contained in the eBook are not removed.
This permission may not be transferred to a third party nor may you sublicense any of your rights under it.
This permission is effective until terminated. We may terminate the permission and/or revoke the login to your eBook account if you fail to comply with any part of this Clause 6.2.
6.3 eBooks are protected by digital rights management software which restricts the ability to print the eBooks. DO NOT attempt to make copies of the eBook. The making of illegal copies will be a breach of copyright against which we may take legal action.
7 Incorrect or Faulty products
7.1 We are under a legal duty to supply products and services what are in conformity with this contract.
7.2 If the products delivered to you are not what you ordered or if any product you purchase is damaged or faulty when delivered to you we may offer a repair, exchange or refund as appropriate, in accordance with your legal rights. If you believe a product is incorrect or faulty, you should notify us to arrange for the return of the product. (We will pay or refund the cost of return of the products to us).
7.3 If the eBook file made available via your eBook account or the eBook account itself is faulty or does not comply with the compatibility specifications stated on our website we may rectify the fault or refund as appropriate in accordance with your legal rights. eBooks cannot by their nature be returned or exchanged. You are strongly recommended to ensure that you have the necessary software or compatible devices by downloading the RYA Books app and the free taster of the eBook before purchase. Any queries should be directed to email@example.com in the first instance.
7.4 Our policy on faulty products does not affect your statutory legal rights.
8 Product information
8.1 We have taken reasonable steps to display as accurately as possible the colours and other detailing of our products in the images that appear on the Site. However, as the actual colours and detailing you see onscreen will depend on your monitor, we cannot guarantee that your monitor’s display of any colour or other detailing will exactly reflect the colour or detailing of the product upon delivery.
8.2 Any information on the Site regarding sizing of products is included as a guide only. If you are in any doubt as to the size of any product you require, we recommend that you contact us prior to placing an order on 0845 345 0372.
9 Your information
9.1 Where you place an order for products or services and you are not a Member you will be asked to register an account with us. The information collected from you in order to set up the account will be used by us to process your order and will be retained on our database allowing for you to purchase further products. See Clause 10 below with regard to payment information. A customer can specifically request that their personal details be removed by contacting us using the contact information referred to in Clause 13. You will also have the opportunity by going into your account to amend the details we hold about you.
9.2 Your details will be added to mailing lists for any interests that you selected following on screen prompts when registering an account with us or when joining us as a Member. You will be given the opportunity to unsubscribe from any mailing list following each mailshot.
9.3 Further information regarding the manner in which we hold your personal information can be found in our Privacy Statement. By purchasing products and services from us you accept the terms of the Privacy Statement.
10.2 We recommend that you do not communicate your payment card details to anyone, including us, by email. We cannot be responsible for any losses you may incur in transmitting information to us by internet link or by email. Any such loss shall be entirely your responsibility.
10.3 If you have any additional queries about security, please email us at firstname.lastname@example.org.
11 Our liability
11.1 We will not be liable to you where performance of any of our obligations is prevented or restricted by any circumstance or cause beyond our reasonable control.
11.2 You are responsible for the use you make of the products and services you order. To the extent not prohibited by law, we accept no liability for any loss which is not reasonably foreseeable or for any business loss (which includes loss of profits, contracts, goodwill, opportunity and other similar losses).
11.3 We accept liability for death or personal injury caused by our negligence and responsibility for fraudulent misrepresentation and any other liability that cannot, under English law, be excluded.
11.4 Nothing in this section or elsewhere in our Trading Terms affects your statutory legal rights.
12.1 Royal Yachting Association is a company registered in England. Our company number is 878357 and our registered office address is RYA House, Ensign Way, Hamble, Southampton SO31 4YA. Our VAT registration number is 239281352.
12.2 Any formal legal notices should be sent to us at the address at the end of these Trading Terms by email and confirmed by post.
12.3 Failure by us to enforce a right does not result in waiver of such right. You may not assign or transfer your rights under these Trading Terms.
12.4 If any part of these Trading Terms is found to be unenforceable as a matter of law, all other parts of these Trading Terms shall be unaffected and shall remain in force.
12.5 You and we agree that English law applies to these Trading Terms and that any dispute between us arising out of or in connection with these Trading Terms will only be dealt with by the English courts, unless you are resident in another part of the United Kingdom, in which case the applicable law of that part of the United Kingdom will apply and any dispute will be brought before the courts there. We are required by law to inform you that purchases can be concluded in English only and that no public filing requirements apply.
13 How to contact us
13.1 If you require further information or have any questions regarding these terms and conditions, then please email: email@example.com or , telephone us on +44 23 8060 4132 or write to us at Royal Yachting Association, RYA House, Ensign Way, Hamble, Southampton, SO31 4YA.
14.1 We keep our terms and conditions under regular review and we will place any updates on this webpage. Any such updates will not affect any purchases you have made before the change is implemented.
14.2 These Trading Terms were last updated on 18 January 2017.
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