Terms and Conditions
These terms and conditions apply to any and all contractual arrangements entered into by you (the customer) and us (NB Professional, including all derivatives and other trading entities)
1 You warrant that:
(a) any personal information provided to us (NB professional and all derivatives thereof) is true, accurate, current and complete in all respects;
(b) you are not impersonating any other person or entity and;
(c) you will notify us immediately of any changes to your personal information by emailing or telephoning our customer service representatives.
1.2 In order to monitor and improve customer service, we may sometimes record telephone calls.
(a) NB Professional is committed to protecting your privacy. We will only use the information we collect about you in a lawful manner, (in accordance with the Data Protection Act 1998)
1.3 We will not supply, share or otherwise release any of your personal details to any other companies, unless required by law to do so.
1.4 We collect information about you for these reasons:
(a) to process any order you place with us; or
(b) to provide you with the best possible service.
1.5 We will not send future emails to you, unless you have given us your consent. If you submitted your details without requesting to opt out of future emails, you will be given the option to unsubscribe from our mailing list via a link from any emails that might be sent to you.
1.6 In accordance with the Privacy and Electronic Communications Act of 2003, we do not send random marketing emails to personal email addresses otherwise known as spam.
1.7 The type of information we collect about you includes:-
Name, Address, Phone number, email address and information specific to the treatment or service you may seek from us.
1.8 We never collect sensitive information about you without your explicit consent. The information that we hold will be accurate and up to date. You can email us to check the information that we hold about you. Should there be any inaccuracies we will correct or delete promptly.
1.9 We may use technology to track the patterns of activity by visitors to our site; this can include using a ‘cookie’ which would be stored on your browser. You can usually modify your browser to prevent this from happening. The information collected in this way can be used to identify you unless you modify your browser settings.
1.10 NB Professional does not store your credit/debit card details.
1.11 To provide increased value to our users, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for:
(a) the privacy practices of such websites;
(b) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources; or
(c) the use which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
2 Price and Payment
2.1 The price of the Products and/or Service and any delivery charges will be as quoted on our site from time to time, except in cases of obvious error.
2.2 All prices include VAT. 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 in full before the change in VAT takes effect.
2.3 Prices and delivery charges are liable to change at any time.
Our site contains a large number of Products and details of the Services we provide and it is always possible that, despite our best efforts, some of the Products and/or Services listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures or before we commence the provision of the Services so that, where the price for Products or Services as the case may be correct is less than our stated price, we will charge the lower amount. If a Product or Service’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product or carrying out the Service, or reject your order and notify you that we are rejecting it.
2.4 If the pricing error is obvious and unmistakable and could have reasonably recognised by you as an error, we do not have to provide the Products and/or Service to you at the incorrect (lower) price.
3.1 We warrant to you that any Product purchased from us through our site will, on delivery, conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.
3.2 Subject to clause 3.4, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Products and/or Services and, subject to clause 3.3 , any losses that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure.
3.3 Subject to clause 3.4, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories even if such losses result from our deliberate breach:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits;
(d) loss of anticipated savings;
(e) loss of data; or
(f) waste of management or office time.
However, this clause 3.3 will not prevent claims for loss of or damage to your physical property that are foreseeable or any other claims for direct loss that are not excluded by categories (a) to (f) inclusive of this clause 3.3.
3.4 Nothing in this agreement excludes or limits our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
(d) defective products under the Consumer Protection Act 1987; or
(e) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
3.5 Where you buy any Product from a third party seller through our site, the seller’s individual liability will be set out in the seller’s terms and conditions and you agree that we carry no liability in tort, negligence or breach of statutory duty in relation to any such goods.
4 Written communications
4.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
5.1 All notices given by you to us must be given to NB Professional or by email at firstname.lastname@example.org. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 4.1 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. 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 and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
6. Transfer of rights and obligations
6.1 The contract between you and us is binding on you and us and on our respective successors and assignees.
6.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
6.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
7. Events outside our control
7.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
7.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a.) strikes, lock-outs or other industrial action;
(b.) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c.) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d.) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e.) impossibility of the use of public or private telecommunications networks;
(f.) the acts, decrees, legislation, regulations or restrictions of any government; and
(g.) pandemic or epidemic.
7.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
8.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
8.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
8.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 1.34 above.
9.1 If any court or competent authority decides that any of the provisions of these terms and Conditions or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
10 Entire agreement
10.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
10.2 We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
10.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
10.4 Nothing in this clause limits or excludes any liability for fraud.
11 Our right to vary these terms and conditions
11.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
11.2 You will remain subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before accepting payment (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
12 Law, Jurisdiction and termination
12.1 Contracts for the purchase of Products through our site and/or the Services and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
12.2 By entering into this agreement with NB Professional you agree that any contract for professional services may be terminated by NB professional if you behave in a manner which is in the reasonable opinion of NB Professional, dangerous, disruptive or in any way at odds with our values of professionalism and respect.
12.3 Any such decision to terminate a contractual arrangement will only be taken after the matter has been considered by Senior NB staff and you have been given a reasonable opportunity to make verbal and written representations.
13 Third Party Rights
13.1 A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
14 Intellectual Property Rights
14.1 By taking part in any course and or training event operated by NB Professional or any derivative entity you do so on the basis that any and all intellectual property used in the course remains the property of NB Professional and may not be duplicated, shared or otherwise reproduced without the express written permission of NB Professional.
14.2 You agree that any breach of 14.1 whether intentional or not may render you liable to liable to legal proceedings.
Head Office Contact Details
300 Clifton Drive,
Lytham St Annes,
(0044) 1253 422506