These are the terms of sale of Royal Institution of Chartered Surveyors (“RICS”) whose registered office is at 12 Great George Street, Parliament Square, London SW1P 3AD (registered with company number RC000487) and registered for VAT purposes with number GB 584940013. These terms, together with any Special Conditions (as defined below) will apply to all purchases of Products and Services, whether you are ordering online, by telephone or by mail.
We may amend these terms from time to time, and therefore you should print off or download a copy of these terms for your records before placing your order. However, the terms that apply to your order will be those in force at the time you submitted your order to us.
1.1 In these terms:
1.2 These terms, and any matters referred to on our order acknowledgement (as appropriate), form the entire understanding between you and us and supersede any prior agreements, promises, representations (unless fraudulent) or undertakings apply where you are not a consumer under clause 15.
1.3 Any omission or error in any sales literature, web page or site, order form, price list, order acknowledgement, despatch note, invoice or other document issued by us may be corrected by us without liability.
1.4 These terms and any Special Conditions do not apply to any sales by third parties on our website. Sales by third parties shall be subject to that third party’s terms and conditions (if applicable). You should read any third party terms and conditions prior to placing your order. You acknowledge and accept that we have no responsibility for and shall have no liability to you in respect of any sales by third parties on our website.
2.1 After you place your order, we will send you an acknowledgment email to let you know that we have received it. This does not mean that your order has been accepted by us, as we have the right to reject any order for any reason e.g. because Goods are unexpectedly out of stock, or because or there has been a mistake regarding the pricing or description of the Products or Services. If this happens, we will let you know as soon as possible using the details provided when you placed your order. If we are unable to contact you, we will treat the order as cancelled and notify you by email.
2.2 Acceptance of your order by us only takes place when we send you an order confirmation email, at which point a legally binding contract is formed between you and us on these terms.
2.4. We cannot guarantee that any Products or Services will be available at any given time. We also cannot guarantee that access to Services or Digital Content will be uninterrupted, error free or secure.
3.1 Unless clause 14 applies to you we warrant that, in respect of any purchase from us:
3.1.1 any Goods will for a period of 28 days after delivery conform in all material aspects to their description on the website, be free from material defects in design, material and workmanship, be of satisfactory quality (within the meaning of the Sale of Goods Act 1979) and be fit for any purpose held out by us;
3.1.2 any Services will be performed with reasonable care and skill within the meaning of section 13 of the Supply of Goods and Services Act 1982 and be free from material defects at the time the Services are complete; and
3.1.3 any Digital Content you purchase will conform in all material respects with its description on the website for a period of 28 days from the date the digital content is first made available for download.
3.2 You should notify us in writing as soon as possible (and, where applicable, within the relevant warranty period set out above) that the Product and/or Service does not comply with the warranties set out in clause 3.1 above, and provide us with sufficient information as to the nature and extent of the defects, including to enable us to reproduce the errors or investigate the defect.
3.3 In respect of defective Goods, you must also return these to us in their original packaging in substantially the same condition as you bought them. Where you have returned Goods to us within 28 days of delivery, we will reimburse your reasonable postage costs in returning the Goods.
3.4 Subject to you complying with your obligations under clause 3.2, we will (in each case at our option):
3.5 The warranty in 3.1 above does not apply to faults which have been caused by your misuse and/or neglect of the Products or by accidents caused while the Products are in your possession.
4.1 The price for our Products and Services will be the price indicated on our order page when you place your order. All prices shown on the site are in pounds sterling and are exclusive of VAT unless otherwise provided. Where applicable any further charges (including delivery costs, VAT (where applicable), bank charges, and the cost of packaging and insurance) will be added to your order. If the rate of VAT is amended after you place your order, we shall change the rate of VAT payable by you accordingly unless you have already paid in full.
4.2 We take all reasonable care to ensure that the price advised to you is correct. However, it is always possible that, despite our best efforts, some of the Products and/or Services 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 correct price at your order date is higher than the price stated, we will contact you for your instructions before we accept your order. If we are unable to contact you, we will treat the order as cancelled and notify you by email.
4.3 Where the cost to us of acquiring or supplying the Products or Services is increased between the date of the order confirmation and delivery for reasons outside of our control e.g. increases in the cost of Products or Services, carriage, packaging or insurance or arising from a change in exchange rate, a change in delivery date, quantities, pricing errors or delay caused by your instructions we will notify you in writing in good time prior to delivery of such price increases. You may cancel your order within 7 working days of this notice if you do not want to proceed with your purchase. If we are unable to contact you, we will treat the order as cancelled and notify you by email.
5.1 All payments should be made via our website by MasterCard, Visa and/or Maestro prior to the despatch of the Products or Services to you unless we agree otherwise.
5.2 Unless agreed otherwise, all purchases from us must be paid for in advance. We will take payment from your card before we send you your order confirmation email.
6.1 We will deliver Goods and Services to the place designated by you in the accepted order during normal business hours.
6.2 Unless otherwise expressly agreed in writing, any delivery date or time specified by us in any despatch note or otherwise is a best estimate only, and we will not be liable to you for any loss or damage sustained by you if we fail to meet that time scale.
6.3 Delivery options and the costs of delivery for Goods are set out on our website.
7.1 The risk for damage to Goods will pass to you upon delivery.
7.2 Title to the Goods will not pass to you until we have received payment in full (in cash or cleared funds).
8.1 By purchasing and downloading the digital content (Product), you are granted a non-exclusive, non-transferable, revocable license to use the Product for your personal, non-commercial use only. This license does not grant you any ownership rights to the Product. You agree not to:
8.2 Any unauthorised use of the Product terminates the license granted herein and may result in legal action.
We shall replace, free of charge, any Goods damaged or lost in transit where delivery has been made by our carrier, provided that you give us written notification of such damage or loss within 7 days of the date of our invoice (so that we may comply with our carrier’s conditions of carriage).
We shall not be liable to you if we are prevented or delayed from providing you with our Products and/or Services if this is due to any cause beyond our reasonable control including: an act of God, explosion, flood, fire or accident; war or civil disturbance; strike, industrial action or stoppages of work; or any form of government intervention.
11.1 Some our Services are provided on a subscription basis, including those relating to RICS membership and our professional development packages.
11.2 If you are a subscriber to any our Services, unless otherwise specified on our website your subscription will start from the date we receive payment from you (Effective Date) and shall continue for a period of 12 months (Initial Subscription Term), unless it is terminated earlier in accordance with this clause 11 or any Special Conditions). Your subscription shall be automatically renewed for successive periods of 12 months (each a Renewal Period), unless:
11.3 You shall, on the Effective Date and on each anniversary of that date (until termination of your subscription, howsoever arising) provide us with valid, up-to-date and complete credit card details or approved purchase order information acceptable to us and any other relevant valid, up-to-date and complete contact and billing details. If you provide:
11.4 If we have not received payment within 30 days after the due date, and without prejudice to any other rights and remedies we have:
11.5 We may increase our Subscription Fees pursuant to at the start of each Renewal Period upon prior notice to you.
11.6 On termination of your subscription for any reason all licences and/or rights granted under these terms or any Special Conditions shall immediately terminate.
12.1 The Products and/or Services provided by us are for information only and should not be used as conclusive, complete or authoritative. We make no representation, warranty or guarantee in respect of the Products or Services and shall have no liability to you (whether in contract, tort, negligence or otherwise and howsoever arising) for any loss, damage, costs or expenses incurred by you, or any third party, acting in reliance upon or by virtue of any information which has been accessed by you by virtue of the Products or the Services provided under this Contract.
12.2 Subject to clause 12.4 below we will not be liable to you under or in connection with these terms (regardless of whether such liability arises in contract, tort, breach of statutory duty, or otherwise and whether or not caused by negligence or misrepresentation) for any:
12.3 Subject to clause 12.4 below, our entire liability to you in connection with these terms will not exceed the purchase price of the Products or Services to which the claim relates.
12.4 Nothing in these terms shall limit our liability to you for death or personal injury resulting from our negligence or that of our employees, agents or subcontractors, for fraud or fraudulent misrepresentation nor for any other matter which by law cannot be excluded.
We may freely assign, sub-contract or otherwise transfer in whole or in part the Contract. You may not assign, sub-contract or otherwise transfer in whole or in part the Contract without our written agreement.
14.1 When using our website, please refer to our website user conditions. We may provide links to third party websites on our website. These links are for your information only and do not constitute any endorsement of any third party products, services or information and you acknowledge and accept that any reliance upon such information shall be at your own risk.
14.2 All intellectual property in the Products and Services (including, without limitation, any information, documentation and/or materials produced in connection with the Products or Services) are and shall remain fully vested in us. Nothing in these terms or any Special Conditions shall grant to you any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licences in respect of the Products or Services.
14.3 We shall process any personal data you provide to us in accordance with our privacy policy.
14.4 These terms are governed by the laws of England and Wales, and you agree to submit all disputes arising out of or in connection with this contract with you to the exclusive jurisdiction of the courts of England and Wales. However, where clause 15 also applies to you, you will also retain the benefit of any mandatory protections given to you by the laws of that country, and if you live in Scotland or Northern Ireland you can also bring a claim against us in the courts of the country in which you live.
14.5 No waiver by us of any breach of the Contract by you is considered as a waiver of any subsequent breach of the same or any other provision.
14.6 The views and/or opinions expressed by any of our employees (including, without limitation, any training personnel) during the provision of the Products or Services (or otherwise) may not represent our views and/or opinions and we shall have no liability to you or any third party (whether in contract, tort, negligence or otherwise and howsoever arising) for any loss, damage, suffering, costs and/or expenses incurred resulting from the expression of such views and/or opinions by our employees.
14.7 If you have any questions, suggestions or complaints about the Products or Services, please respectfully contact us using the form on our service-based complaints page, or telephone our customer service team at +44 (0)24 7686 8555 or write to us at contactrics@rics.org having regard to RICS Acceptable Behaviour Policy.
14.8 Subject to any Special Conditions, the provisions of the Contracts (Rights of Third Parties) Act 1999 are expressly excluded so that no third party may claim any rights under this contract.
15.1 Our Products and Services are generally only suitable to those acting in the course of their trade, business, craft or profession. However, where you are purchasing Products and/or Services from us and a) you are either a student or someone who is acting wholly or mainly outside of your trade, business, craft or profession (i.e. you do not currently work nor are you training in the surveying profession; and b) we have not indicated on the website that the relevant Products and/or Services are only for purchase by those currently working or training in the profession, then in addition the additional terms in this section shall also apply and, to the extent they conflict with any of the other terms above, these additional terms shall take precedence.
15.2 You have a legal right to cancel your purchase of:
To cancel your order, please let us know using one of the methods set out below:
(a) Phone or email. Call customer services on +44 (0)247 686 8555 or email us at contactrics@rics.org . Please provide your name, home address, details of the order and, where available, your phone number and email address.
(b) By post. You may use the form here and post it to us at the address on the form. Or simply write to us at that address, including the information required from the form here.
15.3 We are under a legal duty to supply Products and Services that are in conformity with our contract with you.
15.4 Any Digital Content that you pay us for, or Goods that we provide to you, must be as described, fit for purpose and of satisfactory quality. Any Services that we provide to you must be provided with reasonable care and skill.
15.5 During the expected life of your Goods you are entitled to the following:
15.6 If your Digital Content is faulty, you're entitled to a repair or a replacement. If the fault can't be fixed within a reasonable time, or without causing you significant inconvenience, you can get some or all of your money back. If you can show the fault has damaged your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation.
15.7 If a Service is not carried out with reasonable care and skill you can ask us to repeat or fix this Service, or get some money back if we can't fix it.
15.8 If we breach these terms or are negligent, we are liable to you for foreseeable loss or damage that you suffer as a result. By ‘foreseeable’ we mean that, at the time the contract was made, it was either clear that such loss or damage would occur, or you and we both knew as a result of something you told us that it might reasonably occur as a result of something we did (or failed to do).