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Terms and Conditions

Welcome to the Certsure website terms and conditions for use.

Agreed terms

1            About us

1.1        Company details. Certsure LLP (company number OC379918) (we and us) is a company registered in England and Wales and our registered office is at Warwick House Houghton Hall Park, Houghton Regis, Dunstable, Bedfordshire, LU5 5ZX. Our main trading address is the same as our registered office address. Our VAT number is GB155441713. We operate the website www.shop.niceic.com.

1.2        Contacting us. To contact us telephone our customer service team at 0333 015 6626 who are available Monday to Friday 9am to 5pm or email sales.enquiries@niceic.com. How to give us formal notice of any matter under the Contract is set out in clause 16.2.

2            Our contract with you

2.1        These terms and conditions (Terms) apply to the order by you and supply of goods by us to you (Contract). No other terms are implied by trade, custom, practice or course of dealing.

2.2        By entering into a Contract with us, you confirm that you are purchasing Goods from us in the course of your trade, business or profession - i.e. you are purchasing Goods from us as a business, and not as a consumer.  If you are purchasing goods from us as a consumer, you must not proceed with the purchase and you must contact us.

3            Placing an order on our website and its acceptance

3.1        Placing your order. Please follow the onscreen prompts to place an order. Please include your purchase order number where indicated if you would like this to be quoted on your invoice and on the delivery note. Each order is an offer by you to buy the goods specified in the order (Goods) subject to these Terms. This Contract relates only to the purchase of Goods from us.  If you are purchasing access to a training course from us these terms will not apply, and you should refer to our Terms and Conditions for NICEIC Training.  Please note, JavaScript must be enabled in order to purchase Goods on our website.

3.2        Correcting input errors. Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before completing the order by making payment. You are responsible for ensuring that your order is complete and accurate.

3.3        Acknowledging receipt of your order. After you place an order and make payment, an order acknowledgment and order number will be displayed on screen acknowledging that we have received it, but please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 3.4.  Once we have acknowledged receipt of your order, you cannot withdraw or amend your order. We will send you a copy of your invoice by email after the order has been acknowledged.

3.4        Accepting your order. The Contract between you and us will only be formed when we dispatch your order.

3.5        If we cannot accept your order. If we are unable to supply you with the Goods for any reason, we will inform you of this by email and we will not dispatch your order. If we are able to fulfil part of your order, we will dispatch the Goods that we can supply (and the relevant delivery charges will be payable). If you have already paid for the Goods that we are unable to supply, we will offer you a refund or credit note to the value of the full amount of those Goods (including any delivery costs charged if we do not dispatch your order) as soon as possible, or offer you the choice of an alternative product. If you choose to purchase an alternative product at a higher price, the difference will be payable. If the cost of the alternative product is less than the original product, we will refund you the difference in price.

4            Placing an order by email or telephone

4.1        Orders for Goods on our site can also be placed by email or telephone using the contact details set out in clause 1.2. Each order is an offer by you to buy Goods subject to these Terms. This Contract relates only to the purchase of Goods from us. 

4.2        If you submit your order via email using your own purchase order form and include a purchase order number, the purchase order number will be quoted on the invoice and on the delivery note.

4.3        We will acknowledge receipt of your order by email and send you a copy of your invoice and a copy of these Terms at the same time. Please note that this email does not mean that your order has been accepted. The Contract between you and us will only be formed when we dispatch your order. If we are unable to supply you with the Goods for any reason, we will follow the process set out in clause 3.5.

4.4        Payment for your order will be taken in accordance with clause 11.

5            Our goods

5.1        The images of the Goods on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Goods. The colour of your Goods may vary slightly from those images.

5.2        The packaging of your Goods may vary from that shown on images on our site.

5.3        We reserve the right to amend the specification of the Goods if required by any applicable statutory or regulatory requirement.

5.4        Branded Goods. Certain Goods that display NICEIC logos, including certificates and reports, workwear and labels, are only available to registered contractors of relevant organisations and your eligibility to buy these products will be verified during the ordering process. You must not order those products where you are not eligible to do so, and we will be entitled to reject your order (or subsequently cancel your order) if your eligibility cannot be verified.  These products are intended solely for the use by registered contractors and any infringement of this may impact on any current or future registration with NICEIC.

6            Cancellation, returns and exchanges

6.1        You cannot cancel an order after we have acknowledged receipt of it.

6.2        In most circumstances we cannot make changes to an order that has been acknowledged. Please contact us using the details in clause 1.2 if you would like to make a change to your order. If your order has already been dispatched from the warehouse, then the order cannot be changed and you will need to return the Goods in accordance with our Returns Policy, which can be accessed here.  If your order has not been dispatched from the warehouse, we may accept changes to your order, at our sole discretion.

6.3        We cannot exchange Goods that have been delivered, please see our Returns Policy for details.

6.4        We cannot issue refunds for certain Goods. Please see our Returns Policy for details.

7            Delivery, transfer of risk and title

7.1        We aim to deliver as per your chosen delivery option (except where the order relates to Goods that are delivered electronically).  If you have not received your Goods or any contact from our team within 5 working days from the date that your order has been acknowledged please contact us. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 15 for our responsibilities when this happens.

7.2        Delivery is complete once the Goods have been unloaded at the address for delivery set out in your order and the Goods will be at your risk from that time.

7.3        You own the Goods once they have been delivered to you, and we have received payment in full, including all applicable delivery charges.

7.4        If we fail to deliver the Goods, our liability is limited to the cost of obtaining replacement goods of a similar description and quality in the cheapest market available, less the price of the Goods. However, we will not be liable to the extent that any failure to deliver was caused by an Event Outside Our Control, or because you failed to provide adequate delivery instructions or any other instructions that are relevant to the supply of goods.

7.5        If you fail to take delivery of the Goods when they are delivered to you, you will be responsible to us for any costs incurred by us in arranging for a re-delivery of the Goods, together with any reasonable costs that we incur in storing the Goods for you pending that re-delivery.

7.6        While we will endeavour to ensure that Goods ordered reach you in a timely manner, we advise you not to schedule any work based on the estimated delivery date, and to wait until you have received the items before scheduling work. We will not have any liability to you for any costs that you incur due to Goods not arriving within the expected delivery timescale.

8            No international delivery

8.1        We do not deliver to addresses outside the UK.  You may place an order for Goods from outside the UK, but this order must be for delivery to an address in the UK.

9            Price of goods and delivery charges

9.1        The prices of the Goods will be as quoted on our site at the time you place your order. We will use our best efforts to ensure that the prices of Goods are correct at the time when the relevant information was entered onto the system. However, please see clause 9.5 for what happens if we discover an error in the price of Goods you ordered.

9.2        Prices for our Goods may change from time to time, but changes will not affect any order you have already placed.

9.3        The price of Goods excludes VAT (where applicable), which we will be entitled to add to the price of the Goods at the applicable rate chargeable in the UK at the time of the order. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Goods in full before the change in VAT rate takes effect.

9.4        The price of the Goods does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please refer to our Delivery Charges page which can be accessed here.

9.5        We sell a large number of Goods through our site. It is always possible that, despite our best efforts, some of the Goods on our site may be incorrectly priced. If we discover an error in the price of the Goods you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Goods at the correct price or cancel your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. If we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Goods and refund you any sums you have paid.

10          Age restricted products

10.1      Where you place an order for an item which is restricted by age such as a knife blade, aerosol or solvent you confirm that you are over the age of 18 and that delivery will be accepted by someone over the age of 18.  We reserve the right to cancel your order in part or full should we believe that you do not meet the age restrictions for the products above or similarly restricted products.

11          How to pay

11.1      You can only pay for Goods purchased on our website using a debit card or credit card. We accept the following cards: Mastercard, Visa and Maestro/Solo. We do not accept American Express.

11.2      Payment for the Goods and all applicable delivery charges is in advance. We will charge your debit card or credit card at the time that the order for the Goods is placed.

11.3      Goods purchased by telephone or email must paid for in accordance with clauses 11.1 and 11.2 and will not be processed until payment for the Goods and all applicable delivery charges have been taken, unless you have a separate credit agreement with us. Payment for the Goods will be taken over the telephone via a secure payment portal.

12          Manufacturer's guarantee

Some of the Goods we sell to you come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Goods.

13          Our warranty for the Goods

13.1      The Goods are intended for use only in the UK. We do not warrant that the Goods comply with the laws, regulations or standards outside the UK.

13.2      We provide a warranty that on delivery, the Goods will:

13.2.1  subject to clause 4, conform in all material respects with their description; and

13.2.2  be free from material defects in design, material and workmanship.

13.3      Subject to clause 13.4, if:

13.3.1  you give us notice in writing within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 13.2;

13.3.2  we are given a reasonable opportunity of examining the Goods; and

13.3.3  we ask you to do so, you return the Goods to us at our cost,

we will, at our option, repair or replace the defective Goods, or refund the price of the defective Goods in full.

13.4      We will not be liable for breach of the warranty set out in clause 13.2 if:

13.4.1  you make any further use of the Goods after giving notice to us under clause 13.3;

13.4.2  you alter or repair the Goods without our written consent;

13.4.3  the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or

13.4.4  the Goods differ from their description or specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.

13.5      We will only be liable to you for the Goods' failure to comply with the warranty set out in clause 13.2 to the extent set out in this clause 13.

13.6      Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Goods. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Goods are suitable for your purposes.

13.7      The warranties which we provide pursuant to this clause 13 are given solely for your benefit, and cannot be relied on by any other person to whom you resell any of the Goods, or who you permit to use any of the Goods.

13.8      These Terms also apply to any repaired or replacement Goods supplied by us to you.

14          Our liability: your attention is particularly drawn to this clause

14.1      References to liability in this clause 14 include every kind of liability arising under or in connection with the Contract including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.

14.2      Nothing in these Terms limits or excludes our liability for:

14.2.1  death or personal injury caused by our negligence;

14.2.2  fraud or fraudulent misrepresentation;

14.2.3  breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or

14.2.4  any other liability that cannot be limited or excluded by law.

14.3      Subject to clause 14.2, we will under no circumstances be liable to you for:

14.3.1  any loss of profits, sales, business, or revenue;

14.3.2  loss or corruption of data, information or software;

14.3.3  loss of business opportunity;

14.3.4  loss of anticipated savings;

14.3.5  loss of goodwill; or

14.3.6  any indirect or consequential loss.

14.4      Subject to clause 14.2, our total liability to you for all losses arising under or in connection with the Contract will in no circumstances exceed the price that you paid for the Goods.

15          Events outside our control

15.1      We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).

15.2      If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:

15.2.1  we will contact you as soon as reasonably possible to notify you; and

15.2.2  our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

15.3      You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, we will refund the price you have paid, including any delivery charges, for any Goods which have not, at that date, been delivered to you.

16          Communications between us

16.1      When we refer to "in writing" in these Terms, this includes email.

16.2      Any notice given by one of us to the other under or in connection with the Contract must be in writing and be delivered by hand, or sent by pre-paid first class post or other next working day delivery service.  Notices which you give to us must be sent to our registered office (set out at clause 1.1 above).  Notices which we give to you must be sent to the address that you give to us when you place your order.

16.3      A notice is deemed to have been received:

16.3.1  if delivered by hand, at the time the notice is left at the proper address; or

16.3.2  if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting.

16.4      In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post.

16.5      The provisions of this clause will not apply to the service of any proceedings or other documents in any legal action.

17          General

17.1      Assignment and transfer.

17.1.1  We may assign or transfer our rights and obligations under the Contract to another entity.

17.1.2  You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.

17.2      Entire agreement. The Contract is the entire agreement between us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.

17.3      Language. These Terms and the Contract are made only in the English language.

17.4      Variation. Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).

17.5      Waiver. If we do not insist that you perform any of your obligations under the Contract, or if we do not exercise our rights or remedies against you, or if we delay in doing so, that will not mean that we have waived our rights or remedies against you or that you do not have to comply with those obligations. If we do waive any rights or remedies, we will only do so in writing, and that will not mean that we will automatically waive any right or remedy related to any later default by you.

17.6      Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

17.7      Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.

17.8      Governing law and jurisdiction. The Contract is governed by English law and each party irrevocably agrees to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the English courts.