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Terms and Conditions

Conditions of Purchase

The ACER UK Shop is an online shop at https://shop.acer.org/uk (Shop) established and maintained by Australian Council for Educational Research Limited (ACER Ltd) which is an Australian registered company at 19 Prospect Hill Road, Camberwell, Vic 3124, Australia. ACER International United Kingdom Limited (ACER UK) registration number 05572704, whose registered address is 13-15 Canfield Place, London, NW6 3BT, is an ACER Group Company which acts as a local representative company within the United Kingdom and is able to provide support and assistance if required within the local time zone, to enable registered users to purchase goods (Goods) and services (Services) (together Products) from ACER Ltd by placing an online order (Order). For the purposes of this contract ACER Ltd and ACER UK will be collectively known as ACER where context allows either party to support the User.

This contract sets out the terms of a contract between you and ACER Ltd under which you may access and use the Shop on your own behalf or on the behalf of an Account Holder provided you are a User.  By visiting, registering for, or using this Shop, you agree to be bound by and abide by this contract (as amended from time to time).

ACER Ltd reserves the right from time to time to change this contract without prior notice or your consent.  You are responsible for informing yourself of any changes to this contract and any notices posted on the Shop and should read them carefully before you register, log in or use the Shop.  However, any changes made to these terms will only apply to you in relation to any new Orders placed after the contract is amended.

1   Definitions and Interpretation

1.1     Defined Terms

In this agreement unless the contrary intention appears:

1. Account Holder means each person or entity that has registered an account with ACER Ltd to use the Shop;

2. Business Day means a day other than a Saturday, a Sunday or legal holiday;

4. Delivery Service means any third-party courier or other distribution service provider reasonably selected by ACER (unless expressly otherwise agreed with you);

5. Duties means any duty, tax, excise or similar tax relating to the supply of a Product to you other than VAT or a tax on ACER UK’s income;

6. Insolvency Event means, for a person, being:

  1. in liquidation or provisional liquidation or under administration, having a controller or analogous person appointed to it or any of its property;
  2. being taken to have failed to comply with a statutory demand, be unable to pay its debts or otherwise insolvent
  1. dying, ceasing to be of full legal capacity or otherwise becoming incapable of managing its own affairs;
  2. subject to any action that could result in the person becoming an insolvent under administration;
  3. entering into a compromise or arrangement with, or assignment for the benefit of, any of its members or creditors; or
  4. any analogous event;

7. Intellectual Property Rights means all present and future rights conferred by statute, common law, equity or any corresponding law including without limitation in or in relation to any copyright, trademarks, designs, patents, circuit layouts, plant varieties, business and domain names, inventions, Confidential Information and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields whether or not registrable, registered or patentable.  These rights include all rights in all applications to register these rights, all renewals and extensions of these rights and all rights in the nature of these rights, such as Moral Rights;;

8. Moral Right means a right of attribution of authorship, a right not to have authorship falsely attributed, a right of integrity of authorship or a right of a similar nature, conferred by statute or otherwise, and which exists or comes to exist anywhere in the world;

9. Order means each Order for Products placed by a User on behalf of an Account Holder using the Shop;

  1. Qualifications means any qualifications or requirements determined by ACER that you need to have in order to purchase or use a particular product; and
  2. User means the Account Holder and each user authorised by the Account Holder to place Orders on behalf of the Account Holder.

1.2      Interpretation

In this contract, unless stated otherwise, an agreement, representation, covenant or warranty in favour of, or given by, two (2) or more persons are in favour of, or given by, them jointly and severally. Unless stated otherwise, each reference to ‘you’ is to an Account Holder and each User authorised by it jointly and severally.

2 Provision of the Shop

To the extent permitted by law, ACER Ltd provides the Shop ‘as is’ and does not provide any representations or warranties regarding the Shop including without limitation in relation to availability, defect, accuracy or completeness. ACER may make amendments to the Shop at any time in its absolute discretion.

Provided you are a User, ACER grants to you a revocable, non-exclusive and non-transferable licence to use the Shop for the limited purpose of using the Shop to place Orders.  ACER reserves the right to revoke your licence at any time in its absolute discretion.

3 Your Obligations

You must:

1. only use the Shop for the purpose of placing Orders, in accordance with the documentation supplied with any Product and any reasonable directions from ACER;

2. comply with the Online Terms of Use;

3. comply with any applicable third party terms and conditions (including licence restrictions) when using any Product;

4. carefully read, understand and follow any instructions or warnings that are provided with any Product;

5. only purchase or use a Product if you are properly qualified, registered and licenced to use the Product (including holding any Qualifications) and immediately cease use of a Product if you cease to hold the relevant qualifications, registrations or licences;

6. cease using a Product if it has been superseded or its use has been discontinued if reasonably directed by ACER ;

7. ensure that all information that you provide to ACER Ltd in relation to your registration, account information and any Order (including without limitation in relation to your identity, your location and your qualifications and registrations) is true, accurate, complete and is not misleading in any way (By providing any such information to ACER Ltd or by placing an Order you represent and warrant to ACER Ltd that the information you have provided is true, accurate, complete and is not misleading in any way and, in the case of any Product requiring a particular qualification or registration, that you hold the relevant qualification or registration); and

8. keep all passwords, account names, tokens or log in identifications required to access the Shop secure and confidential.

4  ORDERS, DELIVERY and PRODUCT RETURNS

Unless expressly agreed otherwise with ACER Ltd all Orders are binding on you when submitted and may not be cancelled. If ACER does subsequently agree to cancel all or any part of an Order, unless otherwise agreed with ACER  you are responsible for returning the Product to ACER UK and will pay ACER UK’s reasonable costs of cancelling that Order and restocking the Product (ACER UK may set off those amounts against any amount it refunds to you in respect of that Order).

All Orders are subject to availability of the relevant Product.  While ACER will use reasonable endeavours to ensure that the relevant Product is in stock prior to you placing an Order, ACER  may cancel any order without liability if it has insufficient stock. 

In relation to any Product that is subject to a Qualification, ACER may review and accept or reject the Order in its absolute discretion.  ACER  is not required to provide reasons in respect of any rejection of an Order.

ACER  may cancel any Order at any time if ACER becomes aware that you have breached this contract (including submitting any information to ACER regarding your identity, location or Qualifications which is not true and correct in all respects).

Unless expressly stated otherwise in the Shop, ACER may supply you with a newer version of a Product ordered which may contain minor variations to the Product advertised on the Shop.

Unless expressly agreed otherwise with you, ACER UK will deliver any Product to you by delivering the Product to a Delivery Service or arranging for a Delivery Service to collect the Product from ACER UK on your behalf.  Any delivery times stated on the Shop are only indicative and ACER UK does not endorse or guarantee the services of any Delivery Service.

Unless expressly agreed otherwise with ACER , any obligation on ACER UK to provide a refund or a replacement is contingent on you returning, and ACER UK receiving, the original product.

5  Title and Risk

Ownership of the Products will only pass to you when ACER receives full payment of all sums due in respect of the Products, including delivery charges.

The Products will be at your risk from the time of delivery; and

In the event that any Good is returned to ACER UK:

a)       risk in relation to any Goods passes back to ACER on delivery to ACER’s nominated return address; and

b)      title to any Goods passes back to ACER on the earlier of reimbursement by ACER or delivery to ACER as set out in paragraph (a) above.

6  PRICE AND PAYMENT

Unless expressly stated otherwise all prices are in United Kingdom pounds sterling and include VAT but exclude delivery costs, which will be added to the total amount due before you place your order.

Unless agreed otherwise all prices are payable in advance at the time an Order is placed and ACER UK’s obligations to deliver any Product is contingent on ACER receiving payment from you.

Where ACER UK has agreed to provide you with credit terms:

  • unless otherwise agreed you must pay each invoice from ACER UK within 30 days of the date of the Order;
  • any amount outstanding will become immediately due and payable if you are subject to an Insolvency Event or if you fail to pay an amount due within 2 Business Days of written notice from ACER UK that the amount is overdue;
  • ACER UK may charge you, and you agree to pay, interest on any overdue amount at the rate of 10% per annum (or if that rate is not enforceable, the maximum rate permitted by law) monthly in arrears (compounding monthly);
  • ACER UK may in its absolute discretion withdraw those credit terms and require you to pay for any further Products in advance;
  • ACER may suspend delivery of any Product to you if any amount due by you is not paid to ACER  UK when due; and
  • you will pay ACER UK its costs and expenses of recovering any overdue amount from you.

Unless expressly agreed otherwise with ACER UK you are responsible for any Duties payable in respect of Products ordered by you. If ACER UK becomes or establishes liability for any Duty in respect of a supply to you, you will pay the Duty (or reimburse ACER UK) on demand from ACER UK.

  7  THIRD PARTY TERMS AND Intellectual Property Rights

Unless expressly agreed otherwise, all third party products and services are provided subject to the relevant third party’s terms and conditions.  Those terms may be noted in the Product description in the Shop or may be provided together with the Product.

You acknowledge and agree that nothing in this contract transfers or assigns to you any of ACER UK's (or any third party’s) Intellectual Property Rights. 

Unless otherwise specified, you may not:

  • make additional copies of a Product; or
  • modify a Product or use it in a manner not expressly contemplated in the Shop or the documents provided with the Product

You agree that any development of the Shop (including any developments suggested or contributed to by you) are the property of ACER and you assign all present or future Intellectual Property Rights that you might have in relation to those developments to ACER and waive any Moral Rights that you may have in relation to those developments.

8  DISCLAIMER AND Limitation of Liability

Except as otherwise expressly provided in this contract, all other warranties, representations, promises, conditions or statements regarding the Shop or any Product, whether express or implied, and whether statutory or otherwise are to the full extent permitted by law expressly excluded.

While ACER has used reasonable endeavours to ensure that the contents of the Shop (including without limitation all product descriptions) are accurate and safe, to the extent permitted by law:

  1. ACER  does not endorse any particular third party product or services, view, opinion, methodology or practice;
  2. ACER  has relied on information provided by third party suppliers and publishers in relation to their Products and you acknowledge that information may not be accurate or complete;
  3. Any information contained within the Shop, or provided by ACER  in connection with a Product, should be considered information of a general nature only that may not be suitable for your particular circumstances (or anyone that you are providing advice or services to) and should not be relied on;
  4. You should obtain (and you should advise any person that you are providing advice or services to obtain) professional advice regarding the proper use of any Product and the interpretation of any results obtained in connection with using a Product;
  5. You are responsible for, in respect of your purchased good or service:
  1. Understanding any licensing agreement governing the relevant good or service;
  2. Establishing its suitability for you and your end users;
  3. Any data collection requirements under applicable law;
  4. Confirming its compliance with the Data Protection Act 2018 (UK) or any associated privacy law in any applicable jurisdiction;

6. If you are using (or permitting the use of) a Product to provide professional advice or commercially, you are responsible for the proper use of the Product and you indemnify and hold harmless ACER  (and its related parties, officers and employees) for liability or costs (including legal costs) relating to any claim by you or a third party in relation to your use of a Product (or the use of a Product permitted by you).

To the extent permitted by law, ACER disclaims all liability for, and you release ACER  from any claims (including negligence) in connection with this contract or the transactions contemplated by it:

  1. regarding indirect, consequential or special losses, damages or penalties;
  2. in excess of the charges paid by you in relation to the relevant Order; and
  3. for any use of a Product by you.

9   Consumer rights

If you are contracting as a consumer, you may cancel a contract at any time within 14 calendar days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy.

To cancel a contract, you must inform ACER in writing or by sending an email to sales@acer.org You must return the Product(s) to ACER UK as soon as possible at the address above in an unused, undamaged condition. You are responsible for paying the cost of returning the Product(s).

Please note that you have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, ACER UK may have a right of action against you for compensation.

10  Our refunds policy

When you return a Product to ACER UK:

  • because you have canceled the contract between us within the 14-day cooling-off period (see clause 9 above), ACER UK will process the refund due to you as soon as possible and, in any case, within 14 days of the day you have given notice of your cancellation. In this case, ACER UK will refund the price of the Product in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to ACER UK;
  • because the Product is defective, ACER UK will examine the returned Product and replace it or provide a refund. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to ACER UK.

When breakages occur during delivery, ACER UK requires photographic evidence from you to demonstrate that the good is indeed broken. If we are satisfied that the good has been broken and that the damage has been caused in transit, ACER UK will refund the price of the product in full.

ACER UK will usually refund any money to the card used to pay for your purchase.

When a product is past its sell-by date, we require photographic evidence from you to demonstrate that this is the case. If we are satisfied that we have supplied an out-of-date product we will refund the price of the product in full.

Claims for refunds must be made within 25 days of dispatch for DHL, ParcelForce or UPS deliveries, and within 8 weeks for untracked small packet deliveries.

11  Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.

To exercise the right of withdrawal, you must inform ACER of your decision to withdraw from this contract by an unequivocal statement in accordance with the notice provision below.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

12  Effects of withdrawal

If you withdraw from this contract, ACER UK shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by ACER UK), without undue delay and in any event not later than 14 days from the day on which ACER UK is informed about your decision to withdraw from this contract. ACER UK will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. ACER UK may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

13   Events outside ACER UK’s control

ACER 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).

 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond ACER UK’s reasonable control and includes in particular (without limitation) the following

  • Strikes, lock-outs or other industrial action;
  • Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
  • Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
  • Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
  • Impossibility of the use of public or private telecommunications networks; and
  • The acts, decrees, legislation, regulations or restrictions of any government.

ACER ’s performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and ACER will have an extension of time for performance for the duration of that period. ACER will use its 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.

14  Confidentiality

You must not disclose to any other person any information in relation to any Product that is stated to be confidential or that is by its nature confidential (including without limitation the instructions for use of a Product to any person that is not licenced and responsible for administering the relevant Product).

15   Privacy

To the extent that ACER processes any of your personal information for the purposes of any order, purchase or download described in these Terms, ACER Ltd is the data controller for the Shop (and in respect of any personal information collected in connection with any order placed under these Terms) and ACER UK is the authorised representative for ACER Ltd for UK/EU data subjects. You authorise ACER Ltd (or a third-party payment processor) to process and store your payment and related transaction information. For example, in accordance with the ACER Ltd privacy policy, ACER UK may pass your personal information to a third party processor (including for payment and shipping) or, in the event you submit information or place an order as a guest on the Shop, ACER may store this information for the sole use in connection with processing your order, providing advice and support as required for the purchase. If you have requested and consented to any marketing communications, then you have the right to withdraw this consent at any time. Applicable privacy law for UK Users is the Data Protection Act 2018 together with the UK GDPR and PECR regulations.

16   Written communications

Applicable laws require that some of the information or communications ACER sends to you should be in writing. ACER 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 ACER provides to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

17    Notices

All notices given by you to us must be given to ACER at sales@acer.org. ACER may give notice to you at either the e-mail or postal address you provide to ACER when placing an order, or in any of the ways specified in clause 14 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

18    Miscellaneous

(a)    A waiver of any right, power or remedy under this contract must be in writing signed by the party granting it.  A waiver is only effective in relation to the particular obligation or breach in respect of which it is given.  It is not to be taken as an implied waiver of any other obligation or breach or as an implied waiver of that obligation or breach in relation to any other occasion.

(b)    This contract constitutes the entire contract between the parties in relation to the matters dealt with. No party can otherwise rely on an earlier document or anything said or done by or on behalf of another party before this contract was executed.

(c)    Any provision in this contract which is invalid or unenforceable is to be read down, if possible, to such an extent as is reasonable in the circumstances so as to be valid and enforceable, and is otherwise capable of being severed to the extent of the invalidity or unenforceability, without affecting the validity of the remainder of this contract or the enforceability of that provision in any other jurisdiction.

(d)    Accrued rights and obligations, each disclaimer or limitation of liability and any provision necessary to give effect to any of those rights or obligations survives termination or expiry of this contract or any Order.

(e)    Neither party may assign or transfer any of its rights or obligations under this contract without the prior consent in writing of the other party (such consent not to be unreasonably withheld or delayed).

(f)     ACER may subcontract delivery of its obligations under this contract but remains responsible for any act or omission of any of its subcontractors subject to any qualifications set out in this contract.

(h)    Contracts for the purchase of Products through our site will be governed by English law. Any dispute arising from, or related to, such contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

(i)     This contract shall be binding on the executors, administrators, successors, substitutes and permitted assigns of each of the parties.

(j)     Where a term of this contract has the effect of requiring anything be done on or by a day which is not a Business Day, it must be interpreted as if it required it to be done on or by the next Business Day.

(k)    A provision or any part of a provision in this contract must not be construed to the disadvantage of a party merely because that party was responsible for the preparation of this contract and/or the inclusion of the provision or part of the provision.

(l)     Each party must do, at its own expense, everything reasonably necessary (including executing documents) to give full effect to this contract and any transactions contemplated by it.

(m)   Where this contract contemplates that a party may agree or consent to something (however it is described), that party may agree or consent, or not agree or consent, in its absolute discretion and agree or consent subject to conditions, unless this contract expressly contemplates otherwise.