1. These Terms
1.1 What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods, services or digital content.
1.2 Other applicable terms. In addition these terms, the following additional terms also govern our supply of products to you:
- Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our Website. When using our Website, you must comply with this Acceptable Use Policy.
- Our Code of Conduct.
1.3 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2. Information About Us and How to Contact Us
2.1 Who we are. We are AXELOS Limited a company registered in England. Our company registration number is 08489114 and our registered office is at Suite 10, 121/122 Sloane Street, London, SW1X 9BW, United Kingdom. Our registered VAT number is GB618184140.
2.2 How to contact us. You can contact us via our online form.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. Our Contract With You
3.1 How we will accept your order. Our acceptance of your order will take place when we email you to confirm it, at which point a contract will come into existence between you and us.
3.2 If we cannot fulfil your order. If we are unable to fulfil your order, we will inform you of this in writing and provide you with a refund of the sums paid. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for or because we have identified an error in the price or description of the product.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
4. Our Products
4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
4.2 Product packaging may vary. The packaging of the product may vary from that shown on images on our website.
5. Your Rights to Make Changes
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
6. Our Rights to Make Changes
6.1 Minor changes to the products. We may change any of our products or these terms:
- to reflect changes in relevant laws and regulatory requirements; and
- to implement minor technical adjustments and improvements, for example to address a security threat. We will inform of these changes when they are made and let know the extent, if any, to which any such changes may affect your use of the relevant product.
6.2 More significant changes to the products and these terms. In addition, we may make significant changes to these terms or our products, but if we do so we will notify you and you may then contact us to end the contract.
6.3 Updates to digital content. We may update or require you to update digital content, provided that the digital content shall, in all material respects, always match the description of it that we provided to you before you bought it.
7. Providing the Products
7.1 Delivery costs and estimates. The costs of delivery will be as displayed to you on our website. Delivery estimates on our website are for your guidance only. They are not guaranteed and should not be relied upon as such.
7.2 When we will provide the products.
- If the products are goods. Delivery of all goods is fulfilled by The Stationery Office Limited (Company No. 3049649) whose registered address is at 29 St John's Lane, London, EC1M 4NA (“TSO”) on our behalf.
Delivery within the United Kingdom. TSO will deliver the goods to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.
Delivery outside the United Kingdom. TSO will deliver them as soon as reasonably possible and in any event within 90 days after the day on which we accept your order.
Goods lost in transit. If you do not receive the goods within the time limits specified above, please contact TSO who will replace the goods lost in transit at no extra cost to you provided that:
- For goods to be delivered within the United Kingdom, your notification is received no later than 28 days after the last day on which the goods should have been delivered; and
- For goods to be delivered outside the United Kingdom, your notification is received no later than 90 days after the last day on which the goods should have been delivered.
Please note this does not affect your statutory rights.
- If the product is a one-off purchase of digital content. We will make the digital content available for download by you as soon as we accept your order. You expressly accept that, at the time of purchase we start providing you with this content, and that you cannot cancel it once delivery has started.
- If the products are ongoing services or a subscription to receive goods or digital content. We will supply the services, goods or digital content to you until either the services are completed or the subscription expires (if applicable) or you end the contract as described in clause 8 or we end the contract by written notice to you as described in clause 10.
AXELOS Membership: When you purchase AXELOS Membership, you provide your explicit consent to the immediate commencement of the provision of that service by us, which allows you to directly access the service. You acknowledge that in doing so, you lose your right to cancel as set out in clause 8 below, but this does not affect your right to cancel the service at any time.
7.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.4 When you become responsible for the product. The product will be your responsibility from the time we deliver the product to the address you gave us.
7.5 When you own goods. You own a product which is goods once we have received payment in full.
7.6 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, the address to which you would the goods delivered. If so, this will have been stated in the description of the products on our website. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.7 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
- deal with technical problems or make minor technical changes;
- update the product to reflect changes in relevant laws and regulatory requirements;
- make changes to the product as notified by us to you (see clause 6).
7.8 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of a product, unless the problem is urgent or an emergency. If we have to suspend a product for longer than 30 days in any calendar year we may adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 30 days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract unless the product is either digital content or an AXELOS Membership subscription.
7.9 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 12.4) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see clause 12.6). As well as suspending the products we can also charge you interest on your overdue payments (see clause 12.5).
8. Your Rights to End the Contract
8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
- If what you have bought is faulty or mis-described you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 11;
- If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
- If you have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
- In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.6.
8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:
- we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.2);
- we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
- there is a risk that supply of the products may be significantly delayed because of events outside our control;
- we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or
- you have a legal right to end the contract because of something we have done wrong.
8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.4 When you don't have the right to change your mind. You do not have a right to change your mind in respect of:
- AXELOS Membership;
- digital products after we have made these available to you to download or stream;
- services, once these have been completed, even if the cancellation period is still running;
- sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them; and
- any products which become mixed inseparably with other items after their delivery.
8.5 How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.
- Have you bought ongoing services (for example, AXELOS Membership)?
If so, you provide your explicit consent to the immediate commencement of the provision of that service by us, which allows you to directly access the service. You acknowledge that in doing so, you lose your right to cancel as set out in clause 8 below, but this does not affect your right to cancel the service at any time.
- Have you bought digital content for download or streaming (for example, an e-book)? if so, we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.
- Have you bought goods (for example, one of our publications in a physical format)?, if so you have 14 days after the day you (or someone you nominate) receives the goods, unless:
- Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.
8.6 Ending the contract where we are not at fault and there is no right to change your mind. If you do not have any other rights to end the contract (see clause 8.1), you can still contact us before it is completed and tell us you want to end it. If you do this the contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund reasonable compensation for the net costs we will incur as a result of your ending the contract. Please note this does not apply if you have purchased digital content or an AXELOS Membership subscription.
9. How to End the Contract with Us (including if you have changed your mind)
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by contacting us, confirming which goods/service you wish to cancel, the date you ordered/received said goods/service, and your name and address. If you would prefer to confirm you wish to cancel in writing, please write to AXELOS Limited, 65 Gresham Street, London EC2V 7NQ, United Kingdom, confirming the above details as well as signing and dating the document.
9.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must post them back to us or (if they are not suitable for posting) allow us to collect them from you. Please contact us for a return label or to arrange collection. We will pass the relevant information to TSO who will contact you. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
9.3 When we will pay the costs of return. We will pay the costs of return:
- if the products are faulty or incorrectly described; or
- if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
9.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection. The costs of collection will be the same as our charges for standard delivery.
9.5 How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
9.6 Deductions from refunds. If you are exercising your right to change your mind we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
9.7 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
- If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.2.
- In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
10. Our Rights to End the Contract
10.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
- you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
- you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, the correct address for delivery; or
- you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct reasonable compensation for the net costs we will incur as a result of your breaking the contract.
11. If There is a Problem with the Product
11.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us via our online form or alternatively via email at [email protected].
11.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your product is goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected life of your product your legal rights entitle you to the following:
- up to 30 days: if your item is faulty, then you can get a refund.
- up to six months: if your faulty item can't be repaired or replaced, then you're entitled to a full refund, in most cases.
- up to six years: if the item can be expected to last up to six years you may be entitled to a repair or replacement, or, if that doesn't work, some of your money back.
If your product is digital content, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
- if your digital content is faulty, you're entitled to a repair or a replacement.
- if the fault can't be fixed within a reasonable time, or without causing you significant inconvenience, you can get some or all of your money back
- if you can show the fault has damaged your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation
If your product is services, the Consumer Rights Act 2015 says:
- you can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.
- if you haven't agreed a price upfront, what you're asked to pay must be reasonable.
- if you haven't agreed a time upfront, it must be carried out within a reasonable time.
11.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please contact us for a return label or to arrange collection.
11.4 Online dispute resolution. If you feel that your complaint has not been satisfactorily resolved, and you live within the European Union, you can refer to the European Commission's Online Dispute Resolution website.
Price and Payment
12.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of product advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the product you order.
12.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
12.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognized by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
12.4 When you must pay and how you must pay. We accept payment with the credit and debit cards listed on our website. When you must pay depends on what product you are buying:
- For goods, you must pay for the products before we dispatch them.
- For digital content, you must pay for the products before you download them.
- For services, you must pay for the services before we start providing them to you.
12.5 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 8% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
12.6 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know and we will not charge you interest until we have resolved the issue.
12.7 Ongoing services, for example AXELOS Membership:
12.7.1 Some of our products and services are provided on a periodic basis (for instance, monthly or annually) (“Recurring Products & Services”). If a product or service is a Recurring Product or Service, this will be disclosed to you when you are placing your order. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, "Payment Method") in order purchase a Recurring Product or Service. We will bill the relevant periodic fees to your Payment Method. You must cancel the Recurring Product or Service before it renews each period in order to avoid billing of the next period's fees to your Payment Method.
12.7.2 We may, at our sole discretion, offer a number of plans, including special promotional plans or memberships with differing conditions and limitations in relation to a Recurring Product or Service. Any materially different terms from those described in these Terms & Conditions of Sale will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your Recurring Product or Service by visiting our website and clicking on the "Your Account" link. Some plans may offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered plans.
12.7.3 YOU ACKNOWLEDGE THAT IN RESPECT OF A GIVEN RECURRING PRODUCT OR SERVICE YOUR MEMBERSHIP WILL RENEW AUTOMATICALLY FOR ANOTHER EQUIVALENT PERIOD AT THE END OF THE FIRST AND ANY FOLLOWING ANNIVERSARY, UNLESS YOU NOTIFY US BEFORE RENEWAL THAT YOU WANT TO CANCEL OR DO NOT WANT TO AUTOMATICALLY RENEW (BY SETTING YOUR ACCOUNT TO "DO NOT AUTOMATICALLY RENEW"). YOU UNDERSTAND YOUR ACCESS TO THE PRODUCT OR SERVICE WILL AUTOMATICALLY RENEW AND YOU AUTHORIZE US (WITHOUT FURTHER NOTICE TO YOU) TO COLLECT THE THEN-APPLICABLE PERIODIC FEE USING ANY PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
12.7.4 Payments for Recurring Products or Services are non-refundable and there are no refunds or credits for partially used periods. Following any cancellation, however, you will continue to have access through till the end of your then current billing period.
12.7.5 At any time, and for any reason, we may provide a refund, discount, or other consideration ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
12.7.6 You may cancel your Recurring Product or Service at any time, and you will continue to have access to the service through the end of your then current billing period. We do not provide refunds or credits for any partial membership periods. To cancel, go to the "Your Account" page on our website and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period
Our Responsibility for Loss or Damage Suffered by You
13.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
13.2 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
How We May Use Your Personal Information
14.1 How we will use your personal information. We will use the personal information you provide to us:
- to supply the products to you;
- to process your payment for the products; and
- if you agreed to this during the order process, to inform you about similar products that we provide, but you may stop receiving these at any time by contacting us.
14.2 We may pass your personal information to credit reference agencies. Where we extend credit to you for the products we may pass your personal information to credit reference agencies and they may keep a record of any search that they do.
14.3 We will only give your personal information to (other) third parties where the law either requires or allows us to do so.
Other Important Terms
15.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
15.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
15.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
15.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
15.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.