1 About these Terms and Conditions
1.1 These Terms and Conditions (the "Conditions") together with the End User Licence Agreement (if applicable) form the whole of our agreement "Agreement" with you.
1.2 In these Conditions "we" and "us" means the Construction Industry Training Board (Registered Charity Number 264289) known as CITB; "you" means the individual or organisation ordering Products under this Agreement ; "Consumer" means any natural person who, in contracts to which the Consumer Protection (Distance Selling) Regulations 2000 apply, is acting for purposes which are outside his business;"Digital Product" means the downloadable digital version of a publication made available by us under the Agreement (if any); "Description" means our description of a Digital Product and/or Product that may be purchased from us; "Access Key" means the e-mail containing a link to download a Digital Product and unique code to unlock the Digital Product once downloaded; "End User Licence Agreement" means the terms and conditions which govern our grant of a licence to you to download install and use a Digital Product in the form set out at End User License Agreement; "Non-Digital Products" means Products other than Digital Products; "Order" means a request by you to purchase Products from us; "Order Number" means a number provided by us to you after you place an Order; "Products" means the publication or publications you have ordered from us including without limitation a Digital Product; "purchase" means, in the context of a Digital Product, the purchase of a licence permitting the download, installation and use of that Digital Product by you; "Return Merchandise Authorisation (RMA) Number" means a number provided by us to you if you are to return Products to us in accordance with this Agreement; "sale" means, in the context of a Digital Product, the sale of a licence permitting the download, installation and use of that Digital Product by you; and "Working Days" means a day other than a Saturday or Sunday or a public or bank holiday in England.
1.3 The Agreement replaces all other terms and conditions previously applicable to the sale of the Products and shall apply to any Order to the exclusion of any other terms and conditions. We may not necessarily keep a copy of your Order and the Agreement and advise you to keep a copy of them for your information in the future.
1.4 If you are placing an Order online your use of the website is also subject to Terms of Use governing the use of the website.
1.5 If you are placing an Order for a Digital Product, the download, installation and use of that Digital Product is also subject to the terms and conditions of the End User Licence Agreement. Please ensure that you have read and understand the End User Licence Agreement before completing any purchase of a Digital Product and before downloading, installing, unlocking and/or using it.
2 Minors
2.1 To purchase Products you must be over 18 years of age. If you are under 18 you may purchase a Product only with the involvement of a parent or guardian
3 Placing your Order
3.1 You may place an Order by following the ordering process on our website or by telephoning our Customer Service Centre.
3.2 If you place an Order online you are able to correct errors in your Order up to the point at which you click ‘Place Order’ on the final page of our ordering process and we will notify you by e-mail as soon as possible to confirm receipt and details of your Order.
3.3 Any Order received by us shall be treated as an Order unless it is clear to us that it is intended to be confirmation of an Order by being clearly marked as such.
4 Our Agreement with you
4.1 All Orders for Products shall be regarded as an offer by you to purchase the Products under the terms of the Agreement.
4.2 Although we make every effort to ensure that the Product Descriptions and prices on our website (the CITB Marketplace) or in our literature are accurate, mistakes may occasionally happen. We reserve the right to cancel any Order for Products where any such mistake has occurred, even after we have accepted such an Order. However, where pricing is concerned, if the correct price is lower than stated we will process your Order and charge you the lower price. If the correct price is higher we will notify you in writing and give you the option of paying the higher price. If you do not wish to pay this, we will cancel your Order.
4.3 After placing an Order, you will receive an e-mail from us acknowledging that we have received your Order. Please note that this does not mean that your Order has been accepted.
4.4 If you have Ordered a Non-Digital Product acceptance of your offer will take place on dispatch to you of the Products ordered unless we notify you in writing of our acceptance at any time prior to such dispatch.
4.5 If you have Ordered a Digital Product acceptance of your offer will take place on us sending the Access Key for the Digital Product to you.
4.6 Our acceptance of your Order brings into existence a legally binding Agreement between us.
5 Selecting the Products
You are responsible for the selection of the Products and any Description, advice or recommendation given by us to you as to the suitability, fitness for any purpose, application or use of the Products is intended for guidance only and is followed or acted upon entirely at your own risk. Accordingly we shall not be liable for any such Description, advice or recommendation. PLEASE NOTE Digital Products are compatible with Windows PCs only. Digital Products will not run on any Apple, Unix or Android device (desktop, laptop, tablet and/or phone) or on Windows RT (Windows on ARM) tablets and/or Windows phones.
6 Price and Delivery Charges
6.1 The prices of the Products are as listed in our published price lists. We reserve the right to change prices listed without notice.
6.2 Prices shown exclude VAT and any other government duty or tax applicable.
6.3 When you order Non-Digital Products for delivery outside the UK the Order may be subject to import duties and taxes which are levied once the package reaches the specified destination. Customs duties vary from country to country. Any additional charges for customs clearance or otherwise must be borne by you.
6.4 If Non-Digital Products are to be delivered to an address in the UK postal and packing charges are free.
6.5 If Non-Digital Products are delivered to an address outside the UK postal and packing charges are payable by you.
7 Payment
7.1 All payments must be made in UK sterling (GBP).
7.2 Payment shall be made before the Access Keys for Digital Products and/or Non-Digital Products are dispatched. If you fail to make any payment prior to dispatch, without prejudice to any other right or remedy available to us we shall be entitled to cancel the Agreement or suspend any further deliveries to you.
7.3 If full payment is not received when due we shall be entitled to include interest on the amount outstanding from the date when such payment is due until the date of actual payment (both after as well as before judgment) at a rate per annum of 4 per cent above the base rate from time to time of Barclays Bank plc. If we must recover the outstanding payment and/or Products, recovery costs are to be paid by you.
8 Set-off
Without waiver or limitation of any rights or remedies we shall be entitled to set-off any and all monies owed by us to you against any and all monies owed by you to us under this Agreement or any other contract.
9 Delivery of Non-Digital products and Access Keys for Digital Products
9.1 If your Order is accepted, we will aim to dispatch:
9.1.1 the Access Key for a Digital Product by automated return e-mail to be sent within 2 days; and/or
9.1.2 a Non-Digital Product the next Working Day.
9.1.3 We aim to deliver Non-Digital Products within 10 Working Days and in any event within 30 days starting on the day after you placed your Order (the ‘Latest Delivery Date’). If we are not able to deliver the Non-Digital Products by the Latest Delivery Date you will be informed of this and, unless you request us to continue processing this part of your Order, you shall be reimbursed in respect of that part of your Order as soon as possible and in any event within 30 days starting on the day after the Latest Delivery Date.
9.2 For operational reasons your Order may be delivered in instalments. Any failure by us to deliver any one or more of the instalments in accordance with this Agreement or any claim by you in respect of any one or more instalments shall not entitle you to treat the Agreement as a whole as terminated
9.3 The place of delivery, for Non-Digital Products is as stated in the Order (the "Delivery Address").
9.4 If the Non-Digital Products are delivered by carrier a valid proof of delivery obtained for the Delivery Address constitutes a successful delivery.
9.5 If you do not receive the Non-Digital Products you have ordered at the Delivery Address within 30 days of placing an Order you must notify us immediately. In the absence of such notice from you to us the Products shall be deemed to have been delivered and accepted by you complete and in a satisfactory condition. Thereafter you shall not be entitled to reject the Products, we shall have no liability for any defects or failure and you shall be bound to pay the price as if the Products had been delivered in accordance with this Agreement.
9.6 If you do not receive an Access Key for a Digital Product within 2days of placing an Order you must notify us immediately. In the absence of such notice from you to us the Access Keys shall be deemed to have been delivered and accepted by you complete and in a satisfactory condition.
10 Risk and Ownership
10.1 Risk of damage to or loss of the Access Keys for the Digital Products and/or theNon-Digital Products shall pass to you upon our sending the email containing the Access Key in respect of Access Keys for Digital Products and upon delivery in respect of Non-Digital Products at the relevant Delivery Address.
10.2 Save in respect of Digital Products, ownership of Products passes to you on the later of receipt by us of full payment or delivery to you of the Products at your Delivery Address. We may recover any Products supplied at any time prior to ownership passing if you are in breach of these Conditions.
11 Damaged or Defective Non-Digital Products and Access Keys for Digital Products
11.1 In respect of Non-Digital Products:
11.1.1 You should inspect the Non-Digital Products when you receive them for defects or damage. If you find a defect or damage you must tell us as soon as possible, by contacting the Customer Service Centre. If the Non-Digital Products are found to be damaged or defective upon delivery to you, at our option we will repair or replace the Non-Digital Products or refund the price paid by you.
11.1.2 At our request and direction you shall send to us the damaged or defective Non-Digital Products. We will check all Non-Digital Products returned as damaged or defective. In the event we find no fault we reserve the right not to refund you and to recover our fees and expenses from you.
11.2 In respect of Access Keys:
11.2.1 You will have 28 days from the date of issue of your Access Key to download and unlock the Digital Product.
11.2.2 If you do not use your Access Key to download and unlock a Digital Product or fail to notify us of any difficulties you experience in inputting your Access Key within 28 days from the date of issue of your Access Key your Access Key may expire and no refund shall be payable in respect thereof.
11.2.3 If you experience difficulties relating to the inputting of yourAccess Key you must tell us as soon as possible and in any event within 28 days from the date of issue of your Access Key,by contacting the Customer Service Centre. If anAccess Key is found to be damaged or defective at our option we will provide a replacement Access Key or refund the price paid by you.
11.2.4 We will check any Access Key identified as defective. In the event we find no fault with the AccessKey we reserve the right not to refund you and to recover our fees and expenses from you.
12 Cancellations & Returns
12.1 Cancellations and returns are at our sole discretion and provisional upon:
12.1.2 In the case of a Non-Digital Product, you indemnify CITB for all costs and charges incurred by us in the original delivery of those Products and their subsequent return including any handling charges; and
12.1.3 In the case of a Digital Product, the Access Key issued for the Digital Product not having been used to download and/or unlock the Digital Product and upon you indemnifying CITB for all costs and charges incurred by us in checking that the Access Key for the Digital Product has not been used and cancelling the same; and
12.1.4 You informing us in writing or by phone of your wish to cancel or seek a refund within 14 days from receipt of the Product.
12.2 Should you wish to return a Product please contact the Customer Service Centre to obtain instructions and to obtain a return delivery address and RMA Number for Non-Digital Products.
12.3 You may not cancel the Agreement if the Products delivered have been customised or personalised or, if the Products are audio or video recordings or computer software, if they are unsealed or if, in the case of Digital Products, the Access Key for the Digital Product has been used to download and/or unlock the Digital Product.
12.4 If we agree to you cancelling the Agreement you are:
12.4.1 In the case of Non-Digital Products, to return them to us in their original condition, undamaged and at your cost within 14 days of such cancellation. If you have not returned them within 14 days of cancellation we can collect them from you at your cost; and
12.4.2 In the case of Digital Products, to delete and/or otherwise destroy all copies of the Access Key.
12.5 Your statutory rights are not affected.
12.6 If you contact us to return Products under Clauses 11 or 12 you shall provide your Order Number. We shall provide you with a RMA Number for Non-Digital Products to be returned if we agree to the return.
12.7 Products returned should be packaged securely, clearly identified with a RMA. Contact our Customer Service Centre to obtain instructions and in the case of Non-Digital Products the return delivery address and RMA.
12.8 Any Non-Digital Products returned will be at your risk and we shall not be responsible for Products which are damaged or lost in transit.
13 Intellectual Property
13.1 The names, images and logos identifying CITB are proprietary marks of CITB.
13.2 All other trade marks, brand names, product names and titles and copyright used in our website, our catalogue or the Products are trademarks, brand names, product names or copyrights of their respective holders. No permission is given by CITB in respect of the use of any of them and such use may constitute an infringement of the holder’s rights.
13.3 Copyright subsists in our website, our literature (including Descriptions) and our Products. No part of our website, our literature (including Descriptions) or our Products,including for the avoidance of doubt the contents of any Digital Products, may be reproduced in any form without our prior written consent.
14 Liability
14.1 Nothing in this Agreement is intended to limit liability for:
14.1.1 death or personal injury caused by our negligence;
14.1.2 fraud or fraudulent misrepresentation; or
14.1.3 any other liability that cannot be excluded or limited by English Law.
14.2 Subject to clause 14.1 we shall not be liable to you:
14.2.1 For any indirect, special or consequential loss of any nature whatsoever; or
14.2.2 For any loss of profits, loss of income, other economic loss, loss of business, loss of contracts, loss of goodwill, loss of data, administrative inconvenience or disappointment.
14.2.3 Where performance of any obligation to you is prevented or impeded by any circumstance or cause beyond our reasonable control including without limitation strikes and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
14.3 Subject to clause 14.1, our liability to you in contract, tort or otherwise is limited to the cost of replacing the Download Keys for the Digital Products and/or the Products ordered.
14.4 We do not accept liability for shortages in quantities delivered unless you notify us of any claim of short delivery of the Access Keys for Digital Products and/or the Products within two working days of delivery. In such circumstances our liability shall be restricted to making good the shortfall.
14.5 We accept no liability for any reliance placed upon the contents of any Digital Product and/or any Non-Digital Product supplied. The said material is intended for reference purposes only and is not intended, nor should it be used, as a substitute for professional advice and judgement or to provide legal advice with respect to particular circumstances.
15 Data Protection and Privacy Policy
15.1 By placing an Order you are allowing us to use your personal details for the purposes of supplying the Products (including passing your details on to couriers and other subcontractors).
15.2 For a copy of our Privacy Policy please visit our website
16 General
16.1 A person who is not a party to this Agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this contract but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
16.2 The headings in these Conditions are for convenience only and shall not affect their interpretation.
16.3 If any part of the Conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Conditions will not be affected.
16.4 The Agreement between us shall be governed by and interpreted in accordance with English law and the English courts shall have non-exclusive jurisdiction to resolve any disputes between us.
16.5 In respect of Digital Products, in the event of there being an inconsistency between any of the terms and conditions of these Conditions and any of the terms and conditions of the End User Licence Agreement the terms and conditions of the End User Licence Agreement shall prevail.
17 Digital Products
17.1 Access to the Digital Products is provided subject to and in accordance with the terms and conditions of the End User Licence Agreement. Under the End User Licence Agreement we grant you a licence to download, install and use the Digital Products in accordance only with the terms and conditions of that End User Licence Agreement. We do not sell the Digital Products to you. We remain the owners and/or the permitted licensors of the owner of the Digital Products at all times.
17.2 The entire terms and conditions of the End User Licence Agreement are set out in full here: End User License Agreement. It is important that you read these terms and conditions in full before submitting any Order that includes a Digital Product.
17.3 Your attention is drawn to the following:
17.3.1 The Digital Products are compatible with Windows PCs only. Digital Products will not run on any Apple, Unix or Android device (desktop, laptop, tablet and/or phone) or on Windows RT (Windows on ARM) tablets and/or Windows phones. Once downloaded, we recommend that you make a backup of the Digital Product in case you need to reinstall the Digital Product at a later date.
17.3.2 Use of the Digital Products requires a computer with the following minimum requirements:
Operating System: Windows XP (SP3), Vista (SP2), Windows 7 (SP1), Windows 8
Memory: 512MB (but 1GB recommended)
CPU: Pentium IV 1.5GHz or equivalent
Graphics: Minimum Resolution 1024 x 768, Any Direct 3D 9 compatible graphics card with at least 32MB of memory
Optical Drive: Not required
Disc Space: 450MB (GT100/12DL0 300MB (GT200/12DL)
Audio: Any DirectX 9 compatible sound card
Other: Internet Explorer 6 (8 or higher recommended), Windows Media player 11 (or higher), DirectX 9.0c (or higher)
17.3.3 The following terms of the End User Licence Agreement are specifically drawn to your attention:
Grant and scope of licence (condition 1);
Restrictions (condition 2);
Intellectual property rights (condition 3);
Limitation of liability (condition 4);
Termination (condition 5); and
Events outside our control (condition 7).
18 Vouchers
18.1 Once your order has been placed for vouchers, an email will be sent within 1 working day which includes the voucher number and instructions for redeeming the vouchers. Payment for vouchers must be made at time of ordering.
18.2 All vouchers will be delivered in a secure format to the email address designated by you.
18.3 Vouchers may only be used to purchase Health, Safety and Environment Tests booked through the standard CITB website or Customer Service Centre.
18.4 Vouchers may only be used to book one Health, Safety and Environment Test and may not be cancelled or re-issued to another candidate once the booking has been completed. No refund is applicable for any voucher once a test booking has been confirmed.
18.5 Tests booked using a voucher as a method of payment may be rescheduled by the candidate as per the specific test booking terms and condition.
18.6 All vouchers have an expiry date of 12 months from initial date of purchase to book tests. If unused after this time the voucher will expire.
18.7 Voucher exchanges and refunds are strictly prohibited. All voucher purchases are final. Vouchers are non-refundable, non-returnable and non-transferable.
19 Complaints
If you have a complaint please contact our Customer Service Centre quoting, where applicable, the Order Number.
20 How to contact us
You can contact our Customer Service Centre via:
Email: citb.hsanderevision@pearson.com
Telephone: 0344 994 4488
Fax: 0300 200 1177
Post: CITB, c/o Pearson VUE, PO BOX 381, Manchester, M50 3UW.
Our office hours are 8.00am – 8.00pm Monday to Friday, 8.00am – noon on Saturday, excluding public holidays (in England and Wales).
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