Terms and Conditions of Supply

DEFINITIONS
1. In this contract the following terms will have the following meanings:
  
  “Confirmed Goods” means Printed Materials which OHE has confirmed it will supply s a result of your order
  
  “OHE” means the Office of Health Economics situated at 12 Whitehall, London SW1A 2DY.
  
  “Order Confirmation” means an email sent by OHE confirming receipt of your order and indicating which goods and at what prices it will supply Printed Materials from that order
  
  “Order Form” means the form available here.
  
  “Materials” means books, leaflets and other publications in paper or electronic form in the same or substantially similar form to that featured on the OHE website
  
  “Free Materials” means those materials which the OHE at their sole discretion chooses to make available free of charge
  
  “you” means the person placing an order and intending to purchase Printed Materials and “your” shall be construed accordingly
INFORMATION ABOUT US
1. www.ohe.org is a site operated by the Office of Health Economics (we). The Office of Health Economics, a division of The Association of the British Pharmaceutical Industry. Our main trading address is 12 Whitehall,London,SW1A 2DY. Our VAT number is 238 506 262
SERVICE AVAILABILITY
1. Our site is intended for use by people resident in the United Kingdom. Should we chose to accept orders from individuals outside the United Kingdom (Foreign Purchasers) the Foreign Purchaser must accept that these orders are governed by English law and we specifically exclude, so far as is legally possible, any liabilities under the laws of any jurisdiction other than those of England and Wales.
YOUR STATUS
1. By placing an order through our site, you warrant that:
2. You are legally capable of entering into binding contracts; and
3. You are at least 18 years old.
THE CONTRACT
1. This contract is for the sale of Printed Materials by OHE.
2. An order may be placed with the OHE by either:
  1. you printing off the Order Form, completing the Order Form and either:
    1. posting the Order Form to OHE at 12 Whitehall, London, SW1A 2DY; or
    2. faxing the Order Form to OHE at +44 (0) 20 7747 1419; or
  2. you placing the order by telephone on +44 (0) 20 7747 8850.
3. After receiving your order we may provide you with an acknowledgement that we have received your order. Please note that this does not mean that your order has been accepted. Your placing an order for the purchase of Printed Materials through either of the methods in paragraph 5.2 will constitute an offer to OHE to purchase the Printed Materials.
4. All orders are subject to acceptance by us. Your order will be deemed to be accepted when OHE sends you an Order Confirmation and will be deemed accepted only in respect of Printed Materials and at prices which are confirmed in the Order Confirmation.
5. The contract between us (Contract) will only be formed when we send you the Order Confirmation. The Contract will relate only to those Printed Materials whose dispatch we have confirmed in the Order Confirmation.
6. We will not be obliged to supply any other Printed Materials which may have been part of your order until the dispatch of such Printed Materials has been confirmed in a separate Order Confirmation.
7. OHE shall not be deemed to have entered into a contract for the sale of Printed Materials with anyone under the age of 18.
8. In the unlikely event that the price of Printed Materials is higher than that featuring on the OHE website in respect of that product OHE will cancel your order and notify you thereof.
9. OHE will endeavour to deliver Confirmed Goods within 28 days of receipt of your order but delivery time cannot be guaranteed.
CANCELLATION
1. If you are contracting as a consumer, you have a right to cancel this agreement at any time up to seven working days from the day after your receipt of the Confirmed Goods provided they are in good condition.
2. In the event of cancellation by you under paragraph 6.1, the goods must be returned to us at your expense and risk or you can arrange for us to collect the goods at your expense and risk.
3. You may cancel your order by sending or delivering OHE a letter to the address cited above or an email to ohegeneral@ohe.org. OHE cannot accept verbal cancellations unless these are confirmed by any of the methods just specified. This provision does not affect your statutory rights.
DELIVERY
1. While we use only reputable carriers and ensure that the goods are packed securely, we cannot accept any liability for any damage or deterioration in the goods which occurs, for whatever reason, while the goods are in transit to you.
2. Ownership of the Confirmed Goods will only pass to you when we receive full payment of all sums due in respect of the Confirmed Goods, including any delivery charges.
AVAILABILTY AND DELIVERY
1. If despite Printed Materials being featured on the OHE website as available for purchase OHE on receipt of your order ascertains that they are not available OHE will cancel your order and notify you thereof.
2. Provided all of the Printed Materials you order are in stock your order will be fulfilled by the delivery date set out in the Order Confirmation or, if no delivery date is specified, then within 30 days of the date of receipt of your order, unless there are exceptional circumstances.
PRICE
1. These prices include VAT but exclude delivery costs, which are set out on our order form.
2. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
3. Our site contains a large number of Printed Materials and it is always possible that, despite our best efforts, some of the Printed Materials listed on our site may be incorrectly priced. We are under no obligation to provide the Printed Materials to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
4. Payment for all Products must be by credit or debit card. We will not charge your credit or debit card until we despatch your order.
REFUNDS
1. When you return a Product to us (for instance, because you have cancelled the Contract between us, or have notified us in accordance with paragraph 13 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective), we will examine the returned Product and will notify you of your refund within a reasonable period of time. Such notification may be made by fax, post or email.
2. We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
3. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we received your cancellation or the day we confirmed to you that you were entitled to a refund for delivery of the defective Product.
4. 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 us.
5. Products returned by you within the seven-day cooling-off period (see paragraph 6 above) will be refunded in full, including the cost of sending the item to You. However, you will be responsible for the cost of returning the item to us.
SUITABILITY FOR PURPOSE
1. The Printed Materials are provided on an “as is” basis and accordingly OHE does not give any warranty express or implied or make any representation to the extent permitted by law:
  1. that the Printed Material will be suitable for any particular requirement of yours or any particular use to which you wish to put it even if such requirement or use may be known to OHE; or
  2. that the Printed Material is complete or accurate or up to date.
2. Our liability in connection with any Product purchased through our site is strictly limited to the purchase price of that Product.
3. This does not include or limit in any way our liability:
  1. For death or personal injury caused by our negligence;
  2. Under section 2(3) of the Consumer Protection Act 1987;
  3. For fraud or fraudulent misrepresentation; or
  4. For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
4. We accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
IMPORT DUTY
1. If you order Printed Materials from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
2. Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
WRITTEN COMMUNICATIONS
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 may be mainly electronic. We will contact you by letter, fax or 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 comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
NOTICES
1. All notices given by you to us must be given to Office of Health Economics at 12 Whitehall, London, SW1A 2DY. 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 paragraph 13. Notice will be deemed received and properly served:
  1. immediately when posted on our website;
  2. immediately on receipt of a fax confirmation slip showing that the fax has been received by the recipient;
  3. 24 hours after an e-mail is sent; or
  4. three days after the date of posting of any letter.
2. In proving the service of any notice, it will be sufficient to prove:
  1. in the case of a letter, that such letter was properly addressed, stamped and placed in the post;
  2. in the case of a fax, that such e-mail was sent to the specified fax number of the addressee; and
  3. in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
TRANSFER OF RIGHTS AND OBLIGATIONS
1. The contract between you and us is binding on you and us and on our respective successors and assigns.
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.
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.
EVENTS OUTSIDE OUR CONTROL
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).
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:
3. Strikes, lock-outs or other industrial action.
4. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
5. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
6. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
7. Impossibility of the use of public or private telecommunications networks.
8. The acts, decrees, legislation, regulations or restrictions of any government.
9. 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.
WAIVER
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 shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
2. A waiver by us of any default shall not constitute a waiver of any subsequent default.
3. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 14 above.
SEVERABILITY
1. If any of these Terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
1. We have the right to revise and amend these terms and conditions from time to time.
2. You will be 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 we send you the Order Confirmation (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 Printed Materials).
ENTIRE AGREEMENT
1. This contract sets out the entire agreement of the parties and supercedes all prior agreements and understandings relating to its subject matter.
RIGHTS OF THIRD PARTIES
1. Nothing in this contract is intended to confer on any person any right to enforce any term of this contract which that person would not have had but for the Contracts (Rights of Third Parties) Act 1999.
GOVERNING LAW AND JURISDICTION
1. The terms and conditions of this contract are governed by English law and the English courts shall have jurisdiction.