These terms and conditions (collectively referred to herein as “Terms“) apply to all orders for items (excluding e-books) (“Products“) which you place with TWF (UK) Limited (“we” “us” or “our“):
- online through our website located at www.buildingthepyramid.com and www.the-winning-formula.com (“our site(s)”); or
- by telephoning our office; or
- by mail order purchase.
These Terms will apply to any contract between us for the sale of Products to you (“Contract”). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site or over the telephone.
Except by special arrangement, we do not offer any of our Products through unauthorised third party re-sellers and you represent on each occasion on dealing with us that you are not dealing with or attempting to deal with us in such capacity.
Separate Terms are applicable to the purchase of any e-books from our site. Please visit our site for more details.
Please note that before placing an order you will be asked to agree to these Terms. You accept and agree to be bound by these Terms when:
– in the case of on-line orders, you click the “Accept” button; or
– in the case of telephone orders, you confirm to a member of our team that you agree to be bound by them or
– in the case of mail order purchases, you sign an order or purchase form agreement.
You should print a copy of these Terms or save them to your computer for future reference.
For legal reasons we can only sell items via our site, by telephone or by mail order to individuals aged 18 or over. If you are under 18 years of age, please ask your parent or guardian to review and approve the Terms on your behalf.
We amend these Terms from time to time as set out in Clause 9. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 28 February 2014 when we changed the existing terms and conditions which had previously been in place.
These Terms and any Contract between us, are only in the English language
1. Information about us
1.1 We operate the website www.buildingthepyramid.com. We are TWF (UK) Ltd, a company registered in England and Wales under company number 06419772. Our main trading address is at Dallam Court, Dallam Lane, Warrington, Cheshire, WA2 7LT. Our VAT number is 595993754.
1.2 To contact us, please see our Contact US page on our website.
2. Our Products
2.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
2.2 Although we have made every effort to be as accurate as possible, all sizes, lengths, materials, weights, capacities, dimensions and measurements indicated on our site have a 5% tolerance.
2.3 The packaging of the Products may vary from that shown on images on our site.
2.4 All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.
3. Use of our site
4. How we use your personal information
4.2 Please take the time to read this policy, as it includes important terms which apply to you.
5. If you are a consumer
5.1 If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.
5.2 As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
6. If you are a business customer
6.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
6.2 These Terms and any document, policy or other terms and conditions expressly referred to in them constitutes the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms or any document, policy or other terms and conditions expressly referred to in them.
7. How to make a purchase
Our online order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
Making a telephone purchase
To order our Products over the phone, please call our office at the number stated on our site stating the Products you wish to purchase. You will be asked to provide credit/debit details to pay for the Products you order.
Making a mail order purchase
To make a mail order purchase please send us your order, completing details of the items that you wish to buy and your delivery information. You will also need to complete your credit/debit details or enclose with the order a cheque made payable to TWF (UK) Ltd for the amount due. Your order should be posted to the address specified in Clause 1.1.
8. The contract between us
8.1 After you place an order with us, we will acknowledge receipt of your order verbally (if you are ordering over the phone), or with a follow up e-mail from us to the email address associated with your account (if you are ordering online). However, please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us which will take place as described below.
8.2 We will confirm our acceptance of your order to you by sending you an e-mail that confirms that the Products have been dispatched (“Dispatch Confirmation”).
8.3 The Contract will only relate to the Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of those Products is confirmed in a separate Dispatch Confirmation.
8.4 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site as referred to in Clause 14.5 or because you are not eligible to make the purchase, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we shall be entitled to cancel the Contract between us and will refund you the full amount as soon as possible in accordance with Clause 10.2.
8.5 You undertake that all details you provide to us for the purpose of ordering Products from us are true and correct, that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the Products ordered.
9. Our right to vary these items
9.1 We may revise these Terms from time to time, in the following circumstances:
(a) changes in how we accept payment from you; or
(b) changes in relevant laws and regulatory requirements; or
(c) to reflect changes in market conditions affecting our business; or
(d) changes in our system’s capabilities.
9.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us. Any future changes will not affect Contracts already concluded, unless the changes are required to be made and given retrospective effect by any law or government authorised (in which case it will apply to all Contracts if required to do so).
9.3 Whenever we revise these Terms in accordance with this Clause 9, all changes will be effective when posted on our site and you should check our site from time to time to review these Terms and other legal notices because they are binding on you.
10. Cancellation Policy
10.1 Your cancellation rights:
(a) UK consumers and consumers from the rest of the European Union have a legal right to cancel a Contract at any time for any reason within 7 days, starting from the day after you receive the Products. In this case you will be entitled to receive a full refund of the price paid for the Products and any applicable delivery charges to the credit or debit card used to purchase the applicable Products. This legal right does not apply to non-EU customers.
(b) To cancel a Contract, before the Products have been dispatched, you are able to do so by notifying our Office 9am to 5pm on weekdays on 0845 071 0997, with your order number ready. If your Products have already been dispatched when you wish to cancel, please follow the three step procedure set out in our Returns Policy.
(c) All Products, which are the subject of a cancelled Contract, must be returned by you at your own risk and as soon as possible after the date you cancelled the Contract to us in the same condition in which they were delivered in accordance with our Returns Policy.
(d) Please note that you will be responsible for the costs of returning the Products to us, unless they were delivered to you in error or the Products are defective or faulty, in which case we will be responsible for the costs of returning the Products to us. If you do not return the Products as required, we may charge you a sum not exceeding the direct costs of recovering the Products.
(e) If you cancel the Contract before you have received the Product, but we have already processed the Products for delivery, you must not unpack the Products.
(f) On faulty or defective Products, after the 7 day cancellation period, we reserve the right to offer a reimbursement or replacement where appropriate.
10.2 Our cancellation rights:
(a) We shall be entitled to cancel the Contract if we have insufficient stock to deliver the goods ordered by you.
(b) We shall be entitled at our sole discretion and without notice to cancel the Contract and withdraw the account of any person suspected of purchasing or attempting to purchase any of our Products for commercial purposes or onward delivery by a third party in breach of these Terms.
(c) If the Contract is cancelled by us, we will notify you by e-mail at the address given by you in your order form or associated with your account with us. Any sum debited by us from your credit card or debit card will be re-credited to your account within twenty one (21) days of the date you place your order. We will not be liable for any loss or damage you incur as a consequence of such cancellation or be obliged to offer any compensation to you.
11. Returns Policy
Please see our returns policy under separate cover.
12. Service availability
12.1 We reserve the right at any time and at our sole discretion to:
(a) refuse a customer order;
(b) suspend or terminate access to a customer’s account;
(c) discontinue our site or services or any part thereof.
13.1 We offer delivery to the United Kingdom, Republic of Ireland, overseas BFPO addresses and the international destinations set out in our delivery policy.
13.2 Delivery will be governed by our delivery policy, which sets out in more detail your delivery options and our delivery charges.
13.3 We will use reasonable endeavors to fulfill your order by the estimated delivery date set out in the Dispatch Confirmation, unless there is an Event outside Our Control.
13.4 Delivery will be completed when we deliver the Products to the address you gave us.
13.5 If no one is available at your address to take delivery, we will leave you a note that the Products have been returned to our premises, in which case, please contact us to rearrange delivery.
13.6 The Products will be your responsibility from the completion of delivery.
13.7 You own the Products once we have received payment in full, including all applicable delivery charges.
13.8 Special Conditions for International Deliveries
(a) All orders for delivery outside the UK are subject to these Special Conditions for International Deliveries.
(b) We accept orders for selected international destinations, details of which are available in our delivery policy.
(c) By accepting these terms and conditions at checkout and selecting international delivery option for your purchase, you are instructing TWF (UK) Ltd to act as your agent to instruct our nominated carrier to deliver the relevant Products on your behalf for the delivery charges agreed. Products delivered to destinations outside the European Union will be subject to import taxes, fees, levies or other charges which are the sole responsibility of the purchaser, or the recipient of the purchase if different.
(d) It is your responsibility as purchaser and importer that any products ordered comply with local import regulations and that there are no restrictions which may affect receipt of your order.
(e) We strongly recommend that purchasers establish the likely charges applicable in the country of destination before placing an order. Please ensure the recipient is aware that they will be liable for those charges.
14. Price of products and delivery charges
14.1 The prices of the Products will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see Clause 14.5 for what happens in this event.
14.2 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.
14.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
14.4 The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site from time to time. To check relevant delivery charges, please refer to the relevant page on our website.
14.5 Our site contains a number of different Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered the following sub-clauses shall apply:
(a) where the Product’s correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Products to you; and
(b) if the Product’s correct price is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
15. How to pay
15.1 You can pay for Products using a debit card or credit card unless you are making a postal payment in which case payment for Products can be made using a cheque, postal order, credit or debit card. We accept the following cards: Visa Debit, Visa Credit, MasterCard and American Express. For alternative methods of payment please refer to our site.
15.2 We also accept payment by PayPal. Please note that if you wish to pay for your Products using PayPal, and you do not already have an existing PayPal account, you will be required to set up a new account with PayPal directly.
15.3 By submitting an order to us through our site, you are confirming that the payment details provided on your order are valid and correct. All transactions will be in pounds sterling. Non-UK credit card providers and banks will determine the exchange rates to be applied and may add an additional processing or administration charge in relation to such payments which non-UK card holders will be liable to pay.
15.4 Payment for the Products and all applicable delivery charges is in advance. Any order placed using PayPal will be charged at the time your order is submitted. If we reject or cancel your order for any reason this charge will be credited back to your PayPal account.
16. Our liability if you are a business
16.1 We only supply the Products for internal use by your business, and you agree not to use the Product for any re-sale purposes. We reserve the right to refuse orders that we consider for any reason are for commercial purposes or subject to onward delivery by a third party.
16.2 Nothing in these Terms limits or excludes our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(d) defective products under the Consumer Protection Act 1987.
16.3 Subject to Clause 16.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
16.4 Subject to Clause 16.2 and Clause 16.3 , our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the total price of the Product(s) excluding any delivery charges.
16.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
17. Our liability if you are a consumer
17.1 Subject always to Clause 17.3, if we fail to comply with these Terms we will under no circumstances whatever be liable to you any loss or damage you suffer, except to the extent those losses are a foreseeable result of our breach of these Terms or our negligence.
17.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and subject always to Clause 17.3, we have no liability to you for any business or trade losses, including (but without limitation) loss of profit, loss of business, business interruption, or loss of business opportunity. We reserve the right to refuse orders that we consider for any reason are for commercial purposes or subject to onward delivery by a third party.
17.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
18. Events under our control
18.1 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 an Event Outside Our Control. An Event Outside Our Control is defined below in Clause 18.2.
18.2 An “Event Outside Our Control” means any act or event beyond our reasonable control[, including without limitation strikes, lock-outs or other industrial action by third parties, 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, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
18.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
19. Free gifts, promotions and competitions
Terms and conditions about any free gifts, promotion, competitions on our website and run by us will be communicated on our website under separate cover.
20. Communication between us
20.1 When we refer, in these Terms, to “in writing”, this will include e-mail.
20.2 If you are a consumer:
To cancel a Contract in accordance with your legal right to do so as set out in Clause 10.1, please contact our office by telephone or e-mail us at firstname.lastname@example.org. You may wish to keep a copy of your cancellation notification for your own records. If you send us such a cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us. If you call us to notify us of your cancellation, then your cancellation is effective from the date you telephone us.
If you wish to contact us in writing for any other reason, you can send this to us by e-mail or by pre-paid post to TWF (UK) Ltd, Dallam Court, Dallam Lane, Warrington, Cheshire, WA2 7LT and/or email@example.com. You can also contact us on 0845 071 0997.
20.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
20.4 If you are a business, please note that any notice given by you to us, or by us to you, 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. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
21. Other important terms
21.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
21.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
21.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
21.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
21.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
21.6 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
21.7 If you are a business, these Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England