Please read through these terms carefully as they will apply to any contract between IFA Promotion Limited and you for the supply of our merchandise
| 1. |
Application of these terms
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| 1.1 |
These terms will govern the contract between IFA Promotion Limited (referred to as "us", "our" or "we" in these terms) for the sale to the member IFA ordering any of the products shown on our web-site (referred to as "you" or "your" in these terms)
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| 1.2 |
These terms will prevail over any terms put forward by you, unless we expressly agree to them in writing. No conduct by us, our employees, agents or sub-contractors shall be deemed to constitute acceptance of any terms put forward by you
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| 1.3 |
Once we accept your order, you will have entered into a legally binding contract with us
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| 2. |
Formation of contract
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| 2.1 |
We accept orders at our discretion. Following receipt of an order from you, the contract will be formed on these terms in the following way:
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| 2.1.1 |
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When you have decided what you want to buy, You may order over the telephone, by facsimile transmission, or by submitting an order form on our web site. Whichever order method you choose, these terms will apply to the contract between us and you
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| 2.1.2 |
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Our posting of products on our web site is an invitation to you to decide whether you wish to buy from us and does not constitute an offer
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| 2.2 |
Our acceptance of an order submitted on line will be deemed to have been effectively communicated to you when we send it by e-mail to your e-mail address on your order form
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| 2.3 |
In these terms the expressions "sell, sale and buy" shall be construed in the light of condition 7
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| 3. |
Prices
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| 3.1 |
The price payable for a product is the price displayed on our web-site when you place the order. We reserve the right to alter all or any of the prices without notice. If a price posted on our web site is obviously incorrect, we will not be bound by that price
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| 3.2 |
All prices include delivery charges (for parcel post only to UK addresses), sales tax and Value Added Tax at the rate currently in force at the time of this contract
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| 4. |
Payment Terms
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| 4.1 |
Payment is to be made in full before we accept your order or supply you with the products. If we agree different terms when you order, payment will be due within 30 days of the date of the invoice
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| 4.2 |
All monies due under this contract are due in pounds Sterling
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| 5. |
Warranty
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| 5.1 |
You warrant that you are a member IFA at the time of placing your order and that you are not aware of any reason why your IFA membership is likely to be terminated for any reason
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| 6. |
Amendments
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| 6.1 |
We reserve the right to modify, suspend or discontinue any or all of the products we advertise on our web site at our sole discretion and without notice
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| 6.2 |
We reserve the right to alter these terms and conditions at any time, whether by notice on our web site or by contacting you directly. Changes will not effect any contract concluded before notice of change has been so given
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| 7. |
Conditions of use
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| 7.1 |
The following conditions apply to your purchase and use of all products incorporating the IFA symbol logo ("the Logo"):-
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| 7.2 |
the right to use the Logo shall be suspended for as long as:-
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| 7.2.1 |
you are suspended from conducting investment business or any registered individual or other person authorised to conduct investment contract business for you if so suspended; and/or
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| 7.2.2 |
any reasonable request of information by us shall not have been supplied to us after reasonable period
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| 7.3 |
You acknowledge that copyright and all other rights of a similar nature relating to the Logo are owned by us
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| 7.4 |
You are hereby authorised on a non-exclusive bases to use or reproduce the Logo only in connection with such of your business as is carried out on an independent basis in the following manner:-
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| 7.4.1 |
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by inclusion in any letterheads, compliment slips, invoices and other business documentation used in your business and
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| 7.4.2 |
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by displaying those items of the products supplied by us to you which comprise decals, stickers, notices and advertising materials outside or inside your Premises (as defined below) where the only investment business (as defined by the Financial Services and Markets Act 2000) conducted by any person is on an independents basis
For the purposes of this condition 7 "Premises" shall mean any room or part of a building suite or rooms or group of buildings which is separate and clearly identifiable otherwise then by the use of such decals etc
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| 7.4.3 |
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for the avoidance of doubt the decals shall not be displayed outside any office or other building from which any investment business (other than on an independent basis) is conducted
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| 7.5 |
you undertake with us that you will:-
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| 7.5.1 |
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only use the Logo as a trademark in accordance with the terms of the registration and in particular, will not use it in any manner likely to mislead the public as to its significance and that you will not reproduce, modify or in any way commercially exploit the Logo except as expressly authorised by this condition 7; and
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| 7.5.2 |
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promptly give us notice in writing of any infringement by any third party of the Logo as a trademark and generally of unauthorised or wrongful use of the Logo (or of any mark in your reasonable opinion confusingly similar to the Logo) which shall from time to time come to your knowledge
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| 7.6 |
In return for your undertaking above, you shall be entitled to all rights granted to the authorised user of a registered trademark in accordance with the provisions of the Trade Marks Act 1994 (as from time to time amended) provided the Logo remains registered as such
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| 7.7 |
The rights granted to you by this condition 7 are personal to you and may not be transferred, assigned or dealt with by you in any manner whatsoever
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| 7.8 |
You undertakes that forthwith upon termination of your status as a full IFAP member you will immediately:-
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| 7.8.1 |
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remove and destroy all such products comprising stickers, decals, notices and advertising materials as have been, or are being, used and which are still in your possession and
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| 7.8.2 |
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cease to use any letterheads, compliment slips, invoices and other business documentation bearing the Logo, and grant us the right to:-
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| 7.8.2.1 |
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enter upon your business premises at any time after such termination in order to verify such removal and cessation of use and
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| 7.8.2.2 |
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to take possession of any articles found there
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| 7.8.3 |
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permanently delete any copies of the Logo held in electronic format
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| 8. |
Delivery
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| 8.1 |
All products are subject to availability. Any delivery date given is an estimate only and cannot be guaranteed. If we cannot deliver to you within 28 days from the date of your order, we will contact you by e-mail or telephone within 5 working days to inform you when we expect the products to be ready for delivery. If the products are not ready for delivery within 2 months from the date of your order, you may cancel the order at any time after that, even if the products are ready for delivery then. If you do cancel in this case, any advance payment will be returned to you in full
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| 8.2 |
We reserve the right to despatch part of an order to you if we can fulfil a substantial part of your order, but have to wait for a delivery from our supplier to complete your order
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| 8.3 |
Delivery will be to the delivery address stated in your order form
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| 8.4 |
If you do not receive the products within a reasonable period 10 days from the delivery date that we advised to you, we will accept responsibility for the loss PROVIDED THAT you inform us in writing by post or e-mail at our trading address (as shown on our web site) within 21 days of the date we despatched the products to you
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| 8.5 |
Where an item is missing from your order, we will accept responsibility for the loss PROVIDED THAT you inform us in writing by e-mail or at our trading address within 7 days of the date we despatched the products to you
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| 9. |
Ownership, risk and title
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| 9.1 |
Ownership of the products remains with us until you have paid the amount due in full
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| 10. |
Unforeseen circumstances
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| 10.1 |
There may be times where events beyond our control prevent us from supplying the products you have ordered within the agreed time span. If this occurs, we will not be in breach of any obligation under this contract and we reserve the right to deliver the products when we are able
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| 11. |
Limitation of liability
If we breach the terms of this agreement, or you seek compensation and damages for any claim or claims arising out of this contract for whatever reason, your remedy will be limited to damages. Our liability will not exceed the cost of the price of the products purchased
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| 12. |
Exclusion of liability
With the exception of clause 11, we shall not be liable to you, except in respect of injury or death of any person in the jurisdiction of England and Wales, whether in contract, tort (including negligence and breach of statutory duty), strict liability, or otherwise whatsoever for
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| 12.1 |
any loss of profit, business, contracts or revenues, or
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| 12.2 |
any special, indirect or consequential damage of any nature whatsoever arising directly or indirectly out of the products
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| 13. |
Exclusion of representations and warranties
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| 13.1 |
We take all reasonable precautions to keep the details of your order and payment secure but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised or fraudulent access to information provided by you.
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| 13.2 |
We warrant that the products will at the time of delivery correspond to the description shown on our web-site at the time you place your order. We specifically exclude all other conditions, terms, representations (other than fraudulent representations) and warranties relating to the quality and/or fitness for purpose of the products, express or implied. In particular, we make no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information contained in our brochures and fact sheets. This information is for general information purposes only and is not intended to constitute advice or guidance in any specific situation and such information:
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| 13.2.1 |
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may be incorrect or out of date;
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| 13.2.2 |
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may not constitute a complete or definitive statement of the law or any tax issues
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| 14. |
Severance
If one or more clauses or sub-clause of this contract be declared invalid or unenforceable by a Court, such invalidity or unenforceability will not affect the validity or enforceability of any other clause or sub-clause in these terms
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| 15. |
Entire contract
These terms together with our form of acceptance and the delivery and contact details set out in your order comprise the entire terms agreed between the parties relating to the products and supersede all previous representations, warranties and terms (whether in writing or not) previously made between the parties
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| 16. |
General terms
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| 16.1 |
Where a party consists of more than one person or corporation, the liability of those persons or corporations will be joint and several
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| 16.2 |
This contract is not intended to benefit or be enforceable by any third parties under the terms of the Contracts (Rights of Third Parties) Act 1999.
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| 17. |
Applicable law
The contract between you and us is to be governed by and construed according to the law of English and Wales and the parties agree to submit any disputes to the non-exclusive jurisdiction of the English Courts |
