Terms & Conditions
1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply products to you.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we
are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other
important information. If you think that there is a mistake in these terms, please contact us to discuss.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. On this website and in correspondence relating to our subscriptions, the terms "Spikey U", "We" and "Us" refer
collectively to Spikey U ltd in the UK. Spikey U ltd is a company incorporated in England and Wales under company number 12475295,
whose registered office is at 60 CITY ROAD, LONDON, UNITED KINGDOM, EC1V 2NX
2.2 How to contact us. If you have any questions about these terms and conditions, please e-mail us at hello@spikeyu.com or phone
us on 0800-7022625
3. OUR CONTRACT WITH YOU
3.1 How we will accept your order. Your order is an offer to us to buy the product(s) in your booking form.
3.2 Your status. By placing an order through the website you warrant that you are legally capable of entering into binding contracts and
that the information you have provided with your order is complete and accurate. You agree not to reproduce, duplicate, copy, sell, resell
or exploit the products or any portion of them without express written permission by us.
3.3 If we cannot accept your order. We are under no obligation to accept your order. However, if we are unable to accept your order,
we will inform you of this in writing and will not charge you for the product. This might be, for example, because we do not have a suitably
qualified examiner available, because of unexpected limits on our resources which we could not reasonably plan for, because a digital
product is no longer available, because an order (in our sole judgment) appears to be placed by dealers, resellers or distributors, or
because we are unable to meet a delivery deadline you have specified.
3.4 Your order number. The booking form reference is your order number. You must tell us the order number whenever you contact us
about your order. The booking form is the invoice.
4. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to your order please update the booking form as soon as possible but no later than 2 hours prior to the
commencement and re-submit it.
5. OUR RIGHTS TO MAKE CHANGES
5.1 Minor changes to the products. We may change the products:
(a) to reflect changes in relevant laws and regulatory requirements;
(b) to give effect to editorial changes, such as the size of the publication; and
(c) to implement minor technical adjustments and improvements to our digital content, e.g. to address a security threat. These types of
changes might mean that access to such content is limited temporarily.
5.2 More significant changes to the products and these terms. In addition, we may make other changes to these terms or the
products, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a
refund for any products paid for but not received.
5.3 Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always
match the description that we provided to you before you bought it.
6. PROVIDING THE PRODUCTS
6.1 Delivery costs. The costs of delivery will be as displayed to you on our website.
6.2 When we will provide the products. During the order process we will let you know when we will provide the products to you.
6.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control
(such as adverse weather conditions) then we will contact you as soon as possible to let you know and we will take steps to minimise the
effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you
may contact us to end the contract and receive a refund for any products you have paid for but not received.
6.4 If you are not able to accept the delivery when the goods are delivered. If, despite our reasonable efforts, we are unable to
contact you or re-arrange delivery or collection we may end the contract and Clause 11 will apply.
6.6 Your legal rights if we deliver goods late. You have legal rights if we deliver any goods late. If we miss the delivery deadline for
any goods then you may treat the contract as at an end straight away if any of the following apply:
(a) we have refused to deliver the goods;
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
(c) you told us before we accepted your order that delivery within the delivery deadline was essential.
8.7 Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away, or do not have the right to
do so under Clause 8.8, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an
end if we do not meet the new deadline.
6.8 Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under Clause 8, you can
cancel your order for any of the goods or reject goods that have been delivered.
6.9 When you become responsible for the goods. The goods will be your responsibility from the time we deliver the goods to the
address you gave us.
8.10 When you own goods. You own the goods once we have received payment in full.
8.11 What will happen if you do not give required information to us. We may need certain information from you (such as your
current postal address) so that we can supply the products to you. If so, this will have been stated in the description of the products on
our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for
it, if you give us incomplete or incorrect information, or if you do not keep this information updated (e.g. if you move home and do not tell
us your new postal address), we may either end the contract (and Clause 11 will apply) or make an additional charge of a reasonable
sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not
supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
6.12 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
(a) deal with technical problems or make minor technical changes;
(b) update the product to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the product as requested by you or notified by us to you (see Clause 7); or
(d) deal with the temporary suspension of a publication.
8.13 Your rights if we suspend the supply of products.
(a) Have you ordered a physical or digital subscription? If a service you have subscribed to will be unavailable temporarily, we will
contact you in advance to tell you we will be suspending supply of the publication, unless the problem is urgent or an emergency. If the
publication is unavailable for longer than 2 weeks we will adjust the price so that you do not pay for products while they are suspended,
and we will allow you to cancel your contract with a full refund of any sums you have paid in advance for the subscription.
(b) Have you ordered a one-off product ? We will contact you in advance to tell you we will be suspending supply of the product,
unless the problem is urgent or an emergency. You may contact us to end the contract for a product if we suspend it, or tell you we are
going to suspend it, in each case for a period of more than one month and we will refund any sums you have paid in advance for the
product in respect of the period after you end the contract.
9. YOUR RIGHTS TO END THE CONTRACT
9.1 Ending your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is
anything wrong with it, how we are performing and when you decide to end the contract.
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product
replaced or to get some or all of your money back), see Clause 12
(b) If you want to end the contract because of something we have done or have told you we are going to do, see Clause 9.3;
9.2 Exceptions to the right of cancellation. Please note that you are unable to cancel purchases of one-off physical products once
your order has been accepted by us subject to Clause 12. The right of cancellation also does not apply to:
a) the delivery of products which are not suitable for return due to health protection or hygienic reasons if unsealed by you after delivery;
b) the supply of goods made to your specifications or clearly personalised; or
c) the delivery of sealed audio or video recordings or of sealed software if unsealed by you after delivery.
9.3 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at
(a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and/or any
outstanding issues. You may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the product or these terms which you do not agree to (see Clause 7.2);
(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons,
in each case for a period of more than one month; or
(e) you have a legal right to end the contract because of something we have done wrong (including because we have delivered late).
9.4 How long do I have to change my mind?
You have 14 days (or 28 days for overseas deliveries) after the day you (or
someone you nominate) receive the goods, unless your goods are split into several deliveries over different days, in which case you
have until 14 days (or 28 days for overseas deliveries) after the day you (or someone you nominate) receive the last delivery to change
your mind about the goods. You will need to return the product to us. You will be responsible for the cost of returning the item to us,
10. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
10.1 Tell us you want to end the contract. To end the contract with us, please let us know by contacting us. Please provide the order
number and the details in the booking form. You must not provide us any personal data.
For recurring payments such as direct debit, you can also contact your bank or building society to cancel the payments.
10.2 Returning products after ending the contract. If you end the contract for any reason after a product has been dispatched to you
or you have received them, you must destroy them securely or return to us.
10.3 When we will pay the costs of return. We will pay the costs of return unless they can be destroyed securely.
(a) if the products are faulty or misdescribed;
(b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or
description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we
have done wrong; or
(c) if we delivered the products to you in error.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
10.4 How we will refund you. We will refund you the price you paid for the products including delivery costs as specified in the booking
form.
10.5 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your
mind:
(a) If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable
way, you must pay us an appropriate amount.
10.6 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to
change your mind then:
(a) If you have returned merchandise to us, your refund will be made as soon as possible
(b) If you have canceled a physical or digital subscription paid for at the end of 14 day period there is nothing to refund.
11. OUR RIGHTS TO END THE CONTRACT
11.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that
payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products,
for example, current postal address;
(c) you do not, within a reasonable time, allow us to deliver the products to you;
(d) you reproduce, duplicate, copy, sell, resell or exploit any of our products or any portion of them without express written permission by
us; or
(e) we have reason to believe you are placing orders as a dealer, reseller or distributor.
11.2 You may have to compensate us if you break the contract. If we end the contract in the situations set out in Clause 11.1 we will
refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable
compensation for the net costs we will incur as a result of your breaking the contract.
11.3 We may withdraw a service. We may write to you to let you know that we are going to stop providing one of our services. If you
have subscribed to this service, we will let you know in advance of our stopping the supply of the publication and will give you the option
to either receive an alternative service on a subscription basis at the same price, or to cancel your contract with a full refund of any sums
you have paid in advance for the subscription.
12. IF THERE IS A PROBLEM WITH THE PRODUCT
12.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us.
12.2 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products where there is a problem
with the product, you may be required to post them back to us, please contact us.
13. PRICE AND PAYMENT
13.1 Product prices. Prices for our products are subject to change without notice. We reserve the right to modify or discontinue a
product or price offer without notice at any time. Discount savings for subscriptions are calculated against the full subscription price
(basic annual rate).
13.2 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the booking
form when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However
please see Clause 13.4 for what happens if we discover an error in the price of the product you order.
13.3 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the
product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of
VAT takes effect.
13.4 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be
incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date
is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher
than the price stated to you, we will contact you for your instructions before we accept your order.
13.5 When you must pay and how you must pay. We accept payments as listed on our web site. When you must pay depends on
what product you are buying:
(a) For physical subscriptions and one-off products you must pay for the products at the end of 14 day period on rolling basis.
(b) For digital subscriptions, you will receive the access details as soon as the booking form is confirmed by us but you must pay for
the subscription at the end of 14 day period on rolling basis.
13.6 Direct debit offers. Direct debit offers are available to UK billing and delivery addresses only. Direct debit customers are covered
by the Direct Debit Guarantee.
13.7 What to do if you think an invoice is wrong. The invoice is the booking form please do check the details before you submit it to
us. If you think an invoice is wrong please contact us promptly to let us know.
14. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
14.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are
responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care
and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious
that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us
during the sales process.
14.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death
or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent
misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as
described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for
any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for
defective products under the Consumer Protection Act 1987.
14.3 If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our
failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for
damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was
caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
14.4 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any
commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or
loss of business opportunity.
15. HOW WE MAY USE YOUR PERSONAL INFORMATION
We will only use your personal information as set out in our Privacy Policy. You must not provide us with your personal information
unless it is required.
16. OTHER IMPORTANT TERMS
16.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another
organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the
contract within a reasonable period of us telling you about it and we will refund you any payments you have made in advance for
products not provided.
16.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under
these terms to another person if we agree to this in writing.
16.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between
you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other
person in order to end the contract or make any changes to these terms.
16.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates
separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and
effect.
16.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you
are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not
mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss
a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later
date.
16.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and
you can bring legal proceedings in respect of the products in the English courts only.