YOUR ATTENTION IS IN PARTICULAR DRAWN TO THE PROVISIONS OF CONDITION 8
1.1 In these conditions the following words have the following meanings:
Contract: any contract between PAC Training and you for the sale and purchase of the Goods, incorporating these conditions;
Goods: any goods or services, including a Subscription, agreed in the Contract to be supplied to you by PAC Training (including any part or parts of them);
PAC Training: PAC Training LLP (registered number OC316382); and
Subscription: a subscription by you for the order of personalised training schedules to be supplied by PAC Training.
1.2 References to statutes or statutory provisions shall, unless the context otherwise requires, be construed as a reference to such statute or statutory provision as amended, consolidated, extended, re-enacted or replaced.
1.3 References to the masculine include the feminine and the neuter and to the singular include the plural and vice versa as the context admits or requires.
1.4 Headings do not affect the construction of these conditions.
2.1 Subject to variations carried out under this condition, the Contract will be on these conditions to the exclusion of all other terms and conditions. These conditions apply to all PAC Training’s sales and services and any variation to these conditions and any representations about the Goods shall have no effect unless expressly agreed in writing and signed by an authorised representative of PAC Training. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of PAC Training not set out in the Contract.
2.2 No contract for the sale and supply of the Goods will subsist between you and PAC Training unless and until PAC Training accepts your order by way of an e-mail confirming that it has received payment in full for all the Goods you have ordered. That acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you at the time PAC Training sends the e-mail to you (whether or not you receive that e-mail). This confirmation e-mail amounts to an acceptance by PAC Training of your offer to buy Goods from the PAC Training.
2.3 The confirmation e-mail will contain all relevant statutory information concerning the Contract and will set out the quantity and description of the Goods. The confirmation e-mail will also contain a link to these conditions, which may be amended from time to time. You must check that the details on the confirmation e-mail are correct as soon as possible and you should print out and keep a copy of it.
2.4 You undertake that all details you provide to PAC Training for the purpose of ordering or purchasing Goods are correct, that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the Goods ordered.
2.5 If there are any changes to the details supplied by you, it is your responsibility to inform PAC Training as soon as possible.
3.1 All advertising issued by PAC Training and any descriptions or illustrations contained in PAC Training’s catalogues, website or brochures are only issued or published for the purpose of giving an approximate idea of the Goods described in them. They will not form part of this Contract and this is not a sale by sample.
3.2When placing an order for the Goods, you have the option of choosing from one of the following three products:
(a) Option 1 - £47 annual Subscription or
(b) Option 2 – £49.50 + p&p PAC Training CD-ROM on its own.
4.1 Unless otherwise agreed by PAC Training in writing, the price for the Goods shall be the price corresponding to the membership option which you choose to subscribe to as set out in condition 3.2 of these conditions at the time when you confirm your order.
4.2 The price for the Goods shall be inclusive of any value added tax, but exclusive of all costs or charges in relation to packaging, postage, delivery and insurance all of which amounts you will pay in addition when it is due to pay for the Goods.
4.3 If an error is discovered in the price of the Goods that you have ordered, PAC Training will inform you as soon as possible. In the event that you order an item and the price published is incorrect for any reason, PAC Training will contact you to let you know the correct price and ask you whether you still wish us to fulfil your order at this price. PAC Training shall be under no obligation to fulfil an order for the Goods which were advertised at an incorrect price. PAC Training shall give you the option of confirming the order at the correct price, or if you so choose, to cancel the order altogether. If you cancel and have already paid for the Goods in the circumstances described in this condition, PAC Training shall refund the full amount to you.
4.4 You may cancel your order at any time prior to confirming your order by pressing the “Cancel” button. You may also cancel your order by post, email or telephone at any time after your order has been despatched, but in any event, no later than 7 days after you receive the Goods.
4.5 When cancelling your order, please ensure that you quote your name, address and order reference number. In the case where the Goods have been despatched or you have already received them, please return the Goods unopened together with the original invoice. You will be responsible for any charges incurred in returning the Goods to PAC Training.
4.6 Upon receipt of cancellation by you of the order, provided that any Goods despatched to you have been returned in the condition that they were sent, PAC Training will re-credit your debit or credit card in respect of the price paid by you for the Goods within 30 days of receipt of such confirmation. PAC Training will not refund any costs incurred in respect of the packaging, postage, delivery and insurance of the Goods.
4.7 If for any reason the Goods returned by you are not received by PAC Training, you will need to provide PAC Training with proof of postage in respect of the Goods. Failure to provide such proof may at PAC Training’s entire discretion entitle it to refuse to refund the sum which you have paid for the Goods.
5.1 Ownership of the Goods shall not pass to you until PAC Training has received in full all sums due to it in respect of the Goods.
5.2 Risk in the Goods will pass from PAC Training to you upon delivery.
5.3 Delivery times in respect of the Goods are approximate only. The Goods will be sent to the address given by you.
5.4 Please note that when shipping the Goods internationally, the Goods themselves may be subject to inspection by the relevant customs authorities.
6.1 Subject to condition 8.4, payment of the price for the Goods is due in pounds sterling and is payable as follows:
(a) Option 1 – Immediately upon completion of your order and then monthly in advance by direct debit or standing order every month thereafter; or
(b) Option 2 - Immediately upon completion of your order; or
(c) Option 3 – Immediately upon completion of your order.
6.2 Time for payment of the Goods shall be of the essence.
6.3 No payment shall be deemed to have been received until PAC Training has received cleared funds.
6.4 All payments payable to PAC Training under the Contract shall become due immediately upon termination of the Contract despite any other provision.
6.5 You shall make all payments due under the Contract in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless you have a valid court order requiring an amount equal to such deduction to be paid by PAC Training to you.
6.6 If you fail to pay PAC Training any sum due pursuant to the Contract you will be liable to pay interest to PAC Training on such sum from the due date for payment at the annual rate of 3% above the base lending rate from time to time of the Bank of England, accruing on a daily basis until payment is made, whether before or after any judgment.
6.7 The Contract in respect of Option 1 shall roll on a month to month basis from the date which the order is completed until you provide written notice of at least 14 days before the expiry of any monthly period informing PAC Training of your wish to terminate.
6.8 Termination of the Subscription in respect of Option 2 shall immediately occur on the first anniversary of the Contract. Subject to condition 4.4, the term in respect of Option 2 is for a fixed period of one year and may not be terminated sooner.
6.9 PAC Training shall be entitled to terminate the Contract immediately if you commit a breach of your obligations as set out in these conditions.
7.1 PAC Training warrants that (subject to the other provisions of these conditions) upon delivery, and for a period of 12 months from the date of delivery, the Goods will be of satisfactory quality within the meaning of the Sale of Goods Act 1979; and be reasonably fit for any particular purpose for which the Goods are being bought if you have made known that purpose to PAC Training in writing and PAC Training has confirmed in writing that it is reasonable for you to rely on the skill and judgement of PAC Training.
7.2 PAC Training shall not be liable for a breach of any of the warranties in condition 8.1 unless: (a) you give written notice of the defect to the PAC Training, and (if the defect is as a result of damage in transit) to the carrier, within 7 days of the time when you discover or ought to have discovered the defect; and (b) the PAC Training is given a reasonable opportunity after receiving the notice of examining such Goods and you (if asked to do so by the PAC Training) return such Goods to the PAC Training's place of business at the PAC Training's cost for the examination to take place there.
7.3 PAC Training shall not be liable for a breach of any of the warranties in condition 7.1 if:(a) you make any further use of such Goods after giving such notice; or (b) the defect arises because you failed to follow PAC Training’s oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods; or (c) you alter or repair such Goods without the written consent of PAC Training.
8.1 Subject to conditions 4, 5 and 7, the following provisions set out the entire financial liability of the PAC Training (including any liability for the acts or omissions of its employees, agents and sub-contractors) to you in respect of: (a) any breach of these conditions; (b) any use made or resale by you of any of the Goods, or of any product incorporating any of the Goods; and (c) any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.
8.2 All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract.
8.3 Nothing in these conditions excludes or limits the liability of the PAC Training: (a) for death or personal injury caused by the PAC Training’s negligence; (b) under section 2(3) Consumer Protection Act 1987; (c) for any matter which it would be illegal for the PAC Training to exclude or attempt to exclude its liability; or (d) for fraud or fraudulent misrepresentation.
8.4 Subject to conditions 8.2 and 8.3, the PAC Training’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this Contract shall not exceed the Contract price, and the PAC Training shall not be liable to you for any pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise, direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract.
8.5 Before completing your order, you should consider whether you are physically capable of performing the recommended exercises as set out in the PAC Training CD-ROM. If you are in any doubt, or if you suffer from any existing illnesses or injuries, please consult with your doctor before proceeding further with this order. PAC Training cannot accept any liability whatsoever in respect of any pre-existing illnesses or injuries which are aggravated as a result of this order.
9.1 You may not assign the Contract or any part of it without the prior written consent of PAC Training. PAC Training may assign the Contract or any part of it to any person, firm or supplier.
PAC Training may defer the date of delivery or cancel the Contract or reduce the volume of the Goods ordered by you (without liability to PAC Training) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond its reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials Provided that, if the event in question continues for a continuous period in excess of 60 days, you shall be entitled to give notice in writing to PAC Training to terminate the Contract.
11.1 Each right or remedy of PAC Training under the Contract is without prejudice to any other right or remedy of PAC Training whether under the Contract or not.
11.2 If any provision of the Contract is found by any court of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and of such provision shall continue in full force and effect.
11.3 Failure or delay by PAC Training in enforcing or partially enforcing any provision of the Contract will not be construed as a waiver of any of its rights under the Contract.
11.4 Any waiver by PAC Training of any breach of or any default under any provision of the Contract by you shall not be a waiver of any further breach or default and in no way affect other terms of the Contract.
11.5 The parties to this Contract do not intend that any term of this Contract will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
11.6 In addition to these conditions, you undertake to comply with the terms and conditions of use of this website and with any licences which are supplied with the CD-ROM.
11.7 The Goods are not for re-sale, whether it is the re-sale of the whole or of part only.
11.8 The Contract shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.
12.1 All communications between the parties about this Contract must be in writing and delivered by hand or sent by pre-paid first class post or sent by facsimile transmission: (a) (in case of communications to PAC Training) to the address set out in condition 12.3 or such changed address as shall be notified to you by PAC Training on its website; or (b) (in the case of the communications to you) to the address which you gave to PAC Training at the start of the Contract or such other address as shall be notified to PAC Training by you.
12.2 Communications shall be deemed to have been received: (a) if sent by pre-paid first class post, 2 days (excluding Saturdays, Sundays and bank and public holidays) after posting (exclusive of the day of posting); (b) if delivered by hand, on the day of delivery; (c) if sent by facsimile transmission on a working day prior to 4.00 pm, at the time of transmission and otherwise on the next working day.
Communications addressed to PAC Training shall be sent to Victoria Building, Victoria Road, Middlesborough TS1 3BA and marked for the attention of Anthony Borsumato, telephone number 00 44 1642 384 563. email@example.com.