RYA TRADING TERMS AND CONDITIONS
1 Introduction
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).
1.4 Your use of the Site itself is subject to our website Terms of Use. You should also read our Privacy Policy.
2 Ordering
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 paragraph 7 – Product Cancellations and Returns).
3 eBooks and subscriptions
3.1 In order to view an eBook purchased from the RYA individually or by subscription 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 ebooks@rya.org.uk in the first instance.
3.2 Upon placing your first eBook or subscription order we will provide you with a username and password for an eBook or subscription account within the RYA app. This eBook or subscription 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.
3.3 As each eBook or subscription package is purchased we update the permissions on your eBook account to allow you to open up and view the eBook or eBooks in question. Once such permission is granted the cover image of the eBooks within your eBook account will have the words “subscribed” showing underneath it. Such permission is subject to the following provisions:
3.3.1 the eBook is not distributed or transmitted over any network or communication line
3.3.2 the eBook is not copied or modified in any way
3.3.3 the copyright and other proprietary notices contained in the eBook are not removed.
3.4 The permission given may not be transferred to a third party nor may you sublicense any of your rights under it. You may not share your password.
3.5 The permission is effective until terminated. We may terminate the permission and/or revoke the login to your eBook or subscription account if you fail to comply with any part of this these terms and conditions relating to eBooks or subscriptions for eBooks.
3.6 Applications for subscriptions will be submitted through an online form on the Site.
3.7 After submitting an subscription order to us, we will check if you have any instructor credentials which may entitle additional instructor content to be made available to you . You will then be contacted (on the details you supplied on the form) to complete your order.
3.8 Acceptance of your order for a specific eBook or subscription and formation of a contract between us for that specific product will take place when we update the permissions on your eBook or subscription account to allow you to view the eBook or eBooks in question.
4 Exam payments made online
4.1 By paying an RYA exam fee online you confirm that you meet the eligibility requirements of that exam or will meet those requirements at the date on which you undertake the exam. You acknowledge that you will not be able to undertake the selected exam until you meet the eligibility requirements.
4.2 Upon acceptance of your online exam payment you will be sent an RYA exam application form and any further instructions required.
4.3 The RYA exam application form and instructions will contain instructions specific to the exam you have booked, explain how to arrange the exam and list any additional items which you may need for your exam.
4.4 RYA exam application vouchers are valid for 6 months from the date of purchase. If you are unable to sit the exam before that time please contact the RYA Certification department on 02380 604158 who may be able to extend the exam application for a further 6 months. If we agree to extend the time period, and if the fee charged for your exam has increased in that time, we may ask you to pay the difference in order that you have paid the current exam fee for the time you sit the exam.
5 Prices and payment
5.1 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 or subscription purchases. Business buyers, including RYA recognised training centres, may be eligible for discounted prices.
5.2 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.
5.3 Orders placed online will not be accepted until they have been paid for in full.
5.4 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 subject to additional terms and conditions
5.5 By using a credit/debit card to pay for your order, you confirm that you have permission to use the card being used. 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.
5.6 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.
5.7 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.
5.8 For digital services (including eBooks and subscriptions) 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.
6 Delivery of products
6.1 You agree that we should deliver products, or make eBooks, subscriptions, exam application forms or other products sold online available to you as soon as possible from the time your order has been accepted. You recognise that this may impact on your rights to cancel the products or services.
6.2 Subject to availability (see paragraph 6.3 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.
6.3 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.
6.4 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.
6.5 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.
6.6 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.
6.7 If products have not been paid for in full before delivery, they will remain the property of the RYA until payment in full has been received. You are responsible for any products that remain the property of the RYA and should arrange appropriate insurance until you have paid for products. If payment is not received, the RYA may arrange for such goods to be collected from you.
6.8 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 via the delivery service we use. 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 at no extra cost provided that you undertake to i) return the lost items if they should arrive with you, and ii) offer such help and assistance to us as may be reasonably necessary to allow us to pursue a claim against our delivery service for the lost items. If you would like us to send you replacement items before it becomes clear that the original order has been lost we may ask you to pay for the replacement items until the status of your original order has been established, after which a refund maybe issued if appropriate. We may require a signature to confirm receipt of a replacement order.
6.9 You should check the products you have ordered as soon as you receive them. In the event that you receive products which do not match your order, or if products are damaged please contact the Dispatch Department promptly to arrange for incorrect products to be returned to us.
6.10 In the case of eBook purchases and subscriptions the product will be made available to view from an 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(s). Your account will be ordinarily be updated with the permission to allow you to view an eBook or subscription purchased within 12 hours of placing your order. If you do not receive eBook account details or permission to view an eBook or subscription purchased within 12 hours of placing your order please contact ebooks@rya.org.uk
7 Product cancellations and returns
7.1 Except in relation to the circumstances specified in paragraph 7.2 below and subject to paragraph 7.6 (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 which you can find here 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.
7.2 You may not cancel your order if:
7.2.1 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
7.2.2 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; or
7.2.3 you have sat the exam paid for online.
7.3 You may only cancel an eBook or subscription if you have not logged into the RYA Books app since the purchase you wish to cancel, as eBooks (including those contained in an subscription) cannot by their nature be returned.
7.4 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.
7.5 Where you exercise your rights to cancel your order (and the circumstances in paragraphs 7.2 and 7.3 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.
7.6 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.
7.7 We may end your subscription or access to eBooks at any time if: i) you owe us money and do not make payment within 14 days of us reminding you that is payment is due ii) you do not provide us with the information necessary to provide the subscription or eBook, or we have reason to believe that you have breached the terms of this agreement, and in particular that you have allowed another to access your account, shared or copied eBooks.
8 Making copies
8.1 All learning tools including books, e-learning tools, DVDs, CD Roms and any other training course materials, including subscriptions to such products 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.
8.2 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.
9 Incorrect or faulty products
9.1 We are under a legal duty to supply products and services what are in conformity with this contract.
9.2 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, or does not otherwise match your order 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).
9.3 If the eBook file made available via your eBook or subscription account or the eBook or subscription 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 ebooks@rya.org.uk in the first instance.
9.4 Our policy on faulty products does not affect your statutory legal rights.
10 Product information
10.1 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.
10.2 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.
11 Your information
11.1 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 paragraph 12 below with regard to payment information. You can request that your personal details are removed by contacting us using the contact information referred to in paragraph 15. You will also have the opportunity to amend the details we hold about you by accessing your online account and making changes.
11.2 In the case of RYA exam payment customers and users of certain e-learning products you acknowledge that it may be necessary for the RYA to share some or all of your information with third parties for the purposes of taking the exam, recording or registering exam or qualification, or for undertaking e-learning which may be provided by a third party.
11.3 Further information regarding the manner in which we hold your personal information can be found in our Privacy Policy.
11.4 When registering for an account with us or joining us as a Member you will be invited to opt in to mailing lists relating to your specific interests. If you decide to opt in to any of our mailing lists you will be able to opt out from a mailing list at a later date by following the relevant prompts in your account.
12 Security
12.1 All payment transactions will be processed on our behalf by SecureTrading Limited trading as SecureTrading. This means that your credit/debit card details are provided directly to Secure Trading Limited and are never revealed to us.
12.2 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.
12.3 If you have any additional queries about security, please email us at web.support@rya.org.uk.
13 Our liability
13.1 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.
13.2 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).
13.3 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.
13.4 Nothing in this section or elsewhere in our Trading Terms affects your statutory legal rights.
14 General
14.1 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.
14.2 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.
14.3 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.
14.4 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.
14.5 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.
15 How to contact us
15.1 If you require further information or have any questions regarding these terms and conditions, then please email: orders@rya.org.uk or , telephone us on +44 23 8060 4132 or write to us at Royal Yachting Association, RYA House, Ensign Way, Hamble, Southampton, SO31 4YA.
16 Updates
16.1 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.
16.2 These Trading Terms were last updated on 25 September 2018
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