The following Terms and Conditions apply to transactions with A&A Training Ltd, where products have been supplied or services provided to individual customers. The placing of an order indicates your acceptance of these terms and conditions. Please read them carefully and print a copy for future reference. These Terms and Condition shall be construed in accordance with English Law.
These Terms and Conditions were last updated on 5 November 2020.
In these terms and conditions the following definitions apply:
“The Company” is A&A Training Ltd
“Customer” is the company, organisation or individual placing an order for goods or services with A&A Training Ltd, or those requesting information from A&A Training Ltd
“you” or “your” refers to the Customer
“we” or “us” or “our” refers to A&A Training Ltd
“The Goods” is any product supplied by A&A Training Ltd
“The Service” is any service supplied by A&A Training Ltd
“The User” is any person who uses or attempts to use any items supplied by A&A Training Ltd
“Third party” is any person, company or organisation of any kind that is not either the Customer or A&A Training Ltd.
These terms and conditions do not affect your statutory rights. To order Goods or Services through our website, or by any other ordering method, you must be at least 18 years of age. We will treat each order for Goods as an offer by You to purchase the goods subject to these Terms and Conditions. We have the right to refuse at our discretion to supply any goods ordered by you.
1. Description of Goods / Warranty and Liability
Although we warrant that the Goods and / or Services will, at the time of delivery, correspond to the description given by us, all products we sell are of a technical nature and it is not practical to publish detailed specifications and guidance of all the products. All images, descriptive matter, specifications and advertising are for the sole purpose of giving an approximate description of the goods. Full details are available from the Us or the original manufacturer’s brochures and websites.
Except where the Customer is dealing as a consumer (as defined in the Unfair Contract Terms Act 1977, Section 12), all other warranties, conditions or terms relating to fitness for purpose, merchantability or conditions of the goods whether implied by Statute, Common Law or otherwise are excluded and the Customer warrants that the Customer is satisfied as to the Suitability of the Goods for the Customer’s purpose. Goods are not sold on a trial basis.
In the event that a product is listed at an incorrect price due to a typographical error, or error in pricing information from our suppliers, we shall have the right to refuse or cancel any orders based on the incorrect price whether or not the order has been confirmed.
3. Product Specifications
While we endeavour to ensure all specifications are correct at the time of publication, they do vary. As such we can accept no responsibility for incorrect information.
4. Payment Method
Payments by PayPal, debit card, credit card, cheque, invoice or cash in UK pounds are acceptable. However, shipment of goods or provision of service may not be made until any cheque has been cleared through our bank account or invoice has been paid. Any cash sent to us is sent entirely at the customers’ own risk. Proof of posting cash is not accepted as proof of delivery of cash.
Other payment methods may be accepted at the sole discretion of A&A Training Ltd. Should we agree to supply goods on credit, all invoices must be paid in full within 30 days of our invoice date or whatever payment period is specified on the invoice. If no payment period is specified, then the invoice must be paid within 30 days of the invoice date.
A&A Training Ltd reserves the right to charge an administration fee plus interest on any unpaid invoice (whether fully or partly unpaid) in accordance with the relevant late payment legislation.
VAT is payable on all transactions at the current UK rate for all customers in the UK or European Union. Customers with delivery addresses outside the European Union may not be liable for VAT. Customers outside the UK are fully liable for any import duty or taxes or additional charges made by customs or other authorities. We accept no liability for the payment of any import, export or similar duty or tax imposed due to shipping of goods outside the United Kingdom.
5. Availability of Goods and Services
All products are subject to availability and may be withdrawn at any time. However, it is our policy to contact you if a product is out of stock for more than 7 days, or if a service has been cancelled or otherwise deemed unavailable. If you do not wish to proceed with the order, or for any reason we cannot supply the product or service, we will arrange for the order to be cancelled or an alternative product or service supplied.
Whilst every reasonable effort shall be made to keep any delivery date, time of delivery shall not be of the essence and we shall not be liable for any losses, costs, damages or expenses incurred by the Customer or any other person or company arising directly or indirectly out of any failure to meet any estimated delivery date. Delivery of the Goods shall be made to the Customer’s address (UK delivery only). Deliveries outside the UK cannot be guaranteed and an additional delivery charge will apply at cost and the Customer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
7. Title of Ownership
Title of Ownership of any goods invoiced and delivered will not pass to the customer until all goods supplied have been paid for in full. Until such time that payment has been received, the customer holds the goods in good condition and easily identifiable on behalf of A&A Training Ltd.
An order placed by a Customer is deemed to be a financial commitment by the Customer and therefore the value of the order is due payable according to our terms and conditions. We reserve the right to recover outstanding monies as a short fall from any repossession of goods. By repossession, the Customer is not relieved of its liability of the original debt or the costs related to any recovery or attempted recovery of the debt. A&A Training Ltd reserves its right to seek damages, debt collection fees, interest and court costs and any other recovery costs including subsequential losses due to the default of the Customer to pay in full the value of the goods and or services.
8. Time Limitations for notification of claims
Damaged in Transit
Should any damage be identified on opening the package, A&A Training Ltd must be advised within 48 hours of the exact damage. It is imperative that the Customer does not dispose of any of the packaging as this will be required to affect a claim against the carrier. The claim will be handled by A&A Training Ltd. We cannot accept any claims for damage if the above time scales are not followed.
It is the Customer’s responsibility to sign for the correct number of packages that are delivered. The Customer is required to check that the number of packages delivered equal the number of packages on the delivery driver’s manifest / consignment note and it is the Customer’s responsibility to thereafter notify us within 48 hours of delivery. Should the Customer be missing an item but has signed for the correct number of packages, the Customer must notify us within 48 hours of delivery. The Customer will be requested to provide us with a copy of the invoice as well. The matter will be investigated, and the Customer will be informed of the decision.
It is the Customer’s responsibility to notify us of any incorrect goods supplied within 48 hours of delivery. If the items are not as ordered, the Customer must not open the manufacturer’s packaging or use the item. The Customer will also be required to provide further information on what was received. For example, we may require the manufactures part numbers and a full description of what has been received. Should there be any extenuating circumstances that have prevented the Customer to remain within the specified time frame, resolution will be by mutual decision.
We will not accept liability for goods lost in transit unless we are notified within 5 days from the expected delivery date. This will be the date advised on the Customer’s despatch note that is sent by e-mail to the Customer once the items have left our warehouse.
We shall accept no liability for shortages, non-deliveries, incorrect goods, and goods damaged on delivery outside the reported timescales except when extenuating circumstances have prevented notification within the reported timescale. The extenuating circumstances must be by mutual agreement.
9. Product Guarantees
All products supplied are covered by the Terms and Conditions of the original manufacturer’s guarantee for a period of 12 months or longer if relevant. This is in addition to the consumers’ statutory rights.
10. Cancellation of Orders
Orders cancelled after dispatch of the goods will be subject to credit only once the items are returned to us and receipted back into our warehouse. If the items are accepted, opened and used then the distance selling regulations will apply.
In all instances, goods must be returned as new, with no blemishes, defects or parts missing. Neither must the outer manufacturer packaging show any damage or be defaced in anyway. Should the items or packaging show any damage or be incomplete and defaced in any manner a 25% fee will apply and this will automatically be deducted from the credit issued. We do not refund carriage charges applied to the initial order and neither do we pay for the cost of returning the items to us except where the goods are returned as faulty by customers in the United Kingdom ONLY and within 14 days of our shipment date.
11. Cancellation of Service
Where a service is cancelled by us, the customer shall be offered an alternative date or a full refund.
Where a service is cancelled by the customer for whatever reason, the customer shall be liable for a 50% charge, unless the service is due to take place within 7 calendar days of the cancellation, where a 100% charge will apply.
Where any refund by PayPal is made following a service cancellation by the Customer, this refund will be after any deductions for PayPal fees have been removed.
12. Faulty Goods
If you think that the product that you have purchased is faulty you should contact us immediately. If we are unable to determine the nature of any fault, we may refer you to the manufacturer due to their extensive knowledge of their product. If the manufacturer agrees that the product is faulty, in most cases they will be able to authorise a replacement or repair of the product direct to you. This does not affect your statutory rights.
A restocking fee of up to 25% is charged on returns that prove to be non-defective. It is therefore imperative that you have made contact with us or the manufacturer before returning any goods. The restocking fee is non-negotiable. In all instances when contacting a manufacturer you must retain any reference code that you are given.
13. Dead on Arrival (DOA)
If the product fails within 30 days of receipt, a replacement product or full refund of the cost of the product will be offered to you.
If for any reason you are issued with a refund, please note the following:
- All refunds will be issued to the same payment method as on the original order. When a refund is processed, you will receive an e-mail notification.
- Where a PayPal refund is being made because of a cancellation by the Customer, we will not refund the transaction fees charged to Us by PayPal.
- A refund will usually reach your credit or debit card account within 4 working days after it is processed, but please allow up to 10 working days for it to be credited. We do however reserve the right to refund you within 30 days of the return.
- Faulty goods returned within 30 days will be refunded in full including the original carriage charge. The refund of original carriage charge applies to customers in the United Kingdom only. If the goods are found not to be faulty or they have been damaged by misuse, they will be returned to you and no refund will be issued.
- We do not refund carriage charges applied to the initial order and neither do we pay for the cost of returning the items to us except where the goods are returned by customers in the United Kingdom ONLY as faulty within 30 days of our shipment date.
15. Refunds for E-Learning
Our helpdesk (firstname.lastname@example.org) must receive all requests for refunds for E-Learning courses via email request within 7 calendar days of purchase. Refunds, replacements, adjustments will be considered for:
- Accounts that have not been utilised whatsoever or courses where no certificate has been issued. If you have already used your account, then you will not be entitled to a refund.
- Technical problems because of a direct failure in our IT resulting in you not being able to view online course. The Helpdesk must receive written notification of the problem and be given the opportunity to fix the problem for a refund to be considered.
Refunds for online (E-Learning) courses will not be considered for:
- Slow performance. The course material is designed to perform best on a broadband connection rate. However, we have no control over Internet bandwidth, which can affect performance, causing brief delays in the download speeds for the courses and display of the course pages.
- Reduction in subscription duration or downgrading of course access.
While we are happy to renew subscriptions, we do not offer refunds for accounts that have been partially used in any way. If the site is out of service for more than 8 hours consecutively, one day will be added to your existing subscription.
We highly recommend that you view the course content and view the course outlines before placing an order. By doing so, you can make sure that the course that you want to buy meets your expectations.
Except in respect of death or personal injury resulting from our negligence, our cumulative liability for any loss or damage shall be limited to the cost of any goods supplied by us, save where otherwise required in accordance with this Agreement.
Except in respect of death or personal injury resulting from our negligence, we shall not be liable, in contract, tort (including negligence), or otherwise for
- any loss of profit, business, contracts, revenues or anticipated savings; or
- any special, indirect or consequential damages of any nature whatsoever, resulting from any act or omission on our part or any other person authorised by us.
Any resuscitation (successful or otherwise) carried out by the customer or any other user or third party, whether or not a defibrillator supplied by us is used, is carried out entirely at the users own risk. A&A Training Ltd accepts no liability for any special, direct, indirect, or consequential damages of any nature whatsoever resulting from any actual or attempted resuscitation except in respect of death, or personal injury resulting from our negligence.
It is the customers’ responsibility to ensure that the equipment is used and operated only as specified in the user’s manuals, guides and training video supplied with the equipment. It is the customers’ and users’ responsibility to be aware of all possible consequences of actual or attempted resuscitation.
It is the customers’ responsibility to ensure that the customer and any other potential users of a defibrillator are adequately and appropriately trained, as per the guidelines laid down from time to time by the Resuscitation Council (UK), and that this training is kept up-to-date with appropriate regular refresher or re-training.
We advise everyone who has access to, or who may be a user of, a defibrillator to attend a comprehensive training course (from a reputable training organisation) that adheres to the training guidelines laid down by the Resuscitation Council (UK) for potential uses of Automatic External Defibrillators (AEDs).
The customer agrees that:
- You and other potential users of the defibrillator are already adequately trained in the use of a defibrillator and / or that you will obtain appropriate training for yourself and other potential users; and that
- A&A Training Ltd shall not be liable for any special, direct, indirect, or consequential damages of any nature whatsoever resulting from:
- any training provided to the customer by any third party; or
- any training provided by the customer themselves; and that
- Any training provided by A&A Training Ltd is the responsibility of A&A Training Ltd, provided under the standard Terms and Conditions of business of A&A Training Ltd.
- It is the customers’ responsibility to ensure that the customer and any other potential users of any defibrillator have read and understood the user’s guides and manuals supplied with the defibrillator and have also watched any training video supplied.
- It is the customers’ responsibility to ensure that the equipment is used and operated only as specified in the user’s manuals and guides supplied with the equipment. It is the customers’ and users’ responsibility to be aware of all possible consequences of actual or attempted resuscitation.
18. Force Majeure
We will not be under any liability whatsoever in the event that we are prevented or delayed from supplying or making delivery of any Goods by any reason or cause beyond our control.
19. No Waiver
Our failure to insist upon strict performance of any provision of these Terms and Conditions shall not be deemed to be a waiver of our rights or remedies in respect of any present or future default of the Customer in performance or compliance with any of these Terms and Conditions.
In the event that any part of these Terms and Conditions shall be determined to be invalid, unlawful or unenforceable to any extent such term, condition or provision shall be severed from the remaining Terms and Conditions, which shall continue to be valid and enforceable to the fullest extent permitted by law.
21. Telephone call recording
All calls into and out of the A&A Training office are recorded for training and monitoring purposes.