These terms were last updated on 18 July 2017.
1. THESE TERMS
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. We are The Association of Illustrators Limited a company registered in England and Wales. Our company registration number is 01237440 and our registered office is at Somerset House, T7 3rd Floor Somerset House, Strand, London WC2R 1LA. Our VAT number is GB39382701.
2.2 How to contact us. You can contact us by telephoning our customer service team at [email protected] or our registered office address listed above at paragraph 2.1.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 How to place an order. Your order for products constitutes a contractual offer. No contract will come into force between you and us unless and until we accept your offer in accordance with the procedure detailed below. In order to enter into a contract to purchase products from us, you will need to follow these steps:
- 3.1.1 you must add the products to your shopping cart and then proceed to checkout;
- 3.1.2 if you are a new customer, you must then create an account with us and log in; if you are an existing customer you must enter your login details;
- 3.1.3 once you are logged in, you must select your preferred method of delivery and confirm your order and your consent to these terms of sale;
- 3.1.4 before you place your order you will have the opportunity of identifying whether you have made any input errors by reviewing your order and you may correct those input errors before placing your order by updating the quantities or delivery information;
- 3.1.5 once you agree to place an order, you will proceed to the payment page where you will enter your payment details and you will then receive an emailed receipt from Global Iris to confirm payment;
- 3.1.6 once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order. We may not be able to meet your order: if the product is out of stock; or because you do not meet the specified criteria; or because of unexpected limits on our resources which we could not reasonably plan for; or because a credit reference we have obtained for you does not meet our minimum requirements; or because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified. If we are unable to accept your order, we will not charge you for the product.
3.2 We are a UK based company. We reserve the right to refuse to sell or deliver products to locations outside of the UK.
4. OUR PRODUCTS
4.1 We sell a variety of “products” via our website, including but not limited to:
- 4.1.1 AOI membership (“Membership”);
- 4.1.2 Portfolio subscription (“Portfolio Subscription”);
(4.1.1 and 4.1.2. collectively known as “Accounts” and those users who hold them known as “Account Holder/Account Holders”)
- 4.1.3 Client directories provided in pdf format by email (“Directories”);
- 4.1.4 Varoom magazine, available as a one off or on a subscription basis (“Varoom”);
- 4.1.5 AOI publications provided as hard copy books (“Books”);
(4.1.3, 4.1.4 and 4.1.5 collectively known as “Publications”);
- 4.1.6 Tickets for events (“Tickets”); and
- 4.1.7 Entry into competitions/awards (“Awards”).
4.2 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
4.3 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
5. OUR RIGHTS TO MAKE CHANGES TO THE PRODUCTS
5.1 Changes to the products. We may change the product to reflect changes in relevant laws and regulatory requirements or to implement minor technical adjustments and improvements, for example to address a security threat. These changes should not affect your use of the product.
5.2 Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always match the description of it 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. We will let you know during the order process when we will provide the products to you. If the products are ongoing services or subscriptions, we will also tell you during the order process when and how you can end the contract.
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 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 When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us or you or a carrier organised by you collect it from us.
6.5 When you own goods. You own a product which is goods once we have received payment in full.
6.6 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, delivery details or evidence for any concessions claimed. 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, or if you give us incomplete or incorrect information, we may either end the contract (and paragraph 9.2 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.
6.7 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
- 6.7.1 deal with technical problems or make minor technical changes;
- 6.7.2 update the product to reflect changes in relevant laws and regulatory requirements;
- 6.7.3 make changes to the product as requested by you or notified by us to you (see paragraph 5).
6.8 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product to you, unless the problem is urgent or an emergency. If we have to suspend the product for longer than 30 days we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend supply of it to you, or tell you we are going to suspend it, in each case for a period of more than 30 days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
6.9 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see paragraph 11.3) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see paragraph 11.5). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see paragraph 11.4).
7. YOUR RIGHTS TO CANCEL THIS CONTRACT
7.1 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.
1.1 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 1.1.1 to 1.1.5 below the contract will end immediately and we will refund you in full for any products which have not been provided (and compensation if applicable). The reasons are:
- 1.1.1 we have told you about an upcoming change to the product or these terms which you do not agree to (see paragraph 5);
- 1.1.2 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;
- 1.1.3 there is a risk that supply of the products may be significantly delayed because of events outside our control;
- 1.1.4 we have suspended supply of the products for technical reasons, or have notified you we are going to suspend them for technical reasons, in each case for a period of more than two weeks; or
- 1.1.5 you have a legal right to end the contract because of something we have done wrong (including because we have delivered late.
7.2 Exercising your right to change your mind under the Consumer Contracts Regulations 2013. For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in paragraph 10.2.
- 7.2.1 You do not have a right to change your mind in respect of:
- 126.96.36.199 Events Tickets, one off (as opposed to subscription) Varoom magazines, entries into Awards;
- 188.8.131.52 digital products after you have started to download or stream these (e.g. Client Directories);
- 184.108.40.206 services, once these have been completed, even if the cancellation period is still running;
- 220.127.116.11 sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them; and
- 18.104.22.168 any products which become mixed inseparably with other items after their delivery.
7.3 How long do I have to change my mind under the Consumer Contracts Regulations 2013? How long you have depends on what you have ordered and how it is delivered.
7.3.1 Have you bought services (for example, Membership or Portfolio Subscription)? If so, you have 14 days after the day we email you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
7.3.2 Have you bought digital content for download or streaming (for example, Client Directories)? If so, you have 14 days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading or streaming. If we delivered the digital content to you immediately (e.g. as a pdf attached to an email) and you agreed to this when ordering, you will not have a right to change your mind.
7.3.3 Have you bought goods (for example, Books)?, if so you have 14 days after the day you (or someone you nominate) receive the goods, unless:
- 22.214.171.124 Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receive the last delivery to change your mind about the goods.
- 126.96.36.199 Your goods are for regular delivery over a set period (for example subscription to Varoom magazine). In this case you have until 14 days after the day you (or someone you nominate) receive the first delivery of the goods.
7.4 If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see paragraph 10;
8. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND) UNDER THE CONSUMER CONTRACT REGULATIONS 2013
8.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
- 8.1.1 Email. Email us at [email protected] Please provide your name, home address, details of the order and, where available, your phone number and email address.
- 8.1.2 Online. Email the information required as per the Cancellation details.
- 8.1.3 By post. Complete the information required as per the Cancellation details and post it to us at the address detailed. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
8.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them, post them back to us at Somerset House, T7 3rd Floor Somerset House, Strand, London WC2R 1LA or (if they are not suitable for posting) allow us to collect them from you. Please email us at [email protected] for a return label or to arrange collection. If you are exercising your right to change your mind under the Consumer Contract Regulations 2013 you must send off the goods within 14 days of telling us you wish to end the contract.
8.3 When we will pay the costs of return. We will pay the costs of return:
- 8.3.1 if the products are faulty or misdescribed;
- 8.3.2 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
- 8.3.3 In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
8.4 How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
8.5 Deductions from refunds if you are exercising your right to change your mind under the Consumer Contract Regulations 2013. If you are exercising your right to change your mind:
8.5.1 We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. 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.
- 8.5.2 The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
- 8.5.3 Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
8.6 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:
- 8.6.1 If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see paragraph 8.2.
- 8.6.2 In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
9. OUR RIGHTS TO END THE CONTRACT
9.1 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:
- 9.1.1 you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
- 9.1.2 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, your student membership number or agency if applying for discounted Membership;
- 9.1.3 you do not, within a reasonable time, allow us to deliver the products to you or collect them from us; or
- 9.1.4 you breach the terms of any code of conduct you agree to abide by.
9.2 You must compensate us if you break the contract. If we end the contract in the situations set out in paragraph 9.1 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.
9.3 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least 30 days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
10. IF THERE IS A PROBLEM WITH THE PRODUCT
10.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 020 7759 1010 or write to us at [email protected] or Somerset House, T7 3rd Floor Somerset House, Strand, London WC2R 1LA.
10.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your product is goods, for example, Books, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
- up to 30 days: if your goods are faulty, then you can get an immediate refund.
- up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
- up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
See also Clause 7.2.
If your product is digital content, for example, Client Directories, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
- if your digital content is faulty, you’re entitled to a repair or a replacement.
- if the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without 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.
See also Clause 7.2.
If your product is services, for example Membership or Portfolio Subscription, the Consumer Rights Act 2015 says:
- you can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.
- if you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
- if you haven’t agreed a time beforehand, it must be carried out within a reasonable time.
See also Clause 7.2.
10.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on 020 7759 1010 or email us at [email protected] for a return label or to arrange collection.
11. PRICE AND PAYMENT
11.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We try to ensure that the price of the product advised to you is correct. However please see paragraph 11.2 for what happens if we discover an error in the price of the product you order.
11.2 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. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
11.3 When you must pay and how you must pay. We accept payment with most debit and credit cards. When you must pay depends on what product you are buying:
- 11.3.1 For goods, you must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.
- 11.3.2 For digital content, you must pay for the products before you download them.
- 11.3.3 For services, you must make an advance payment of 100% of the price of the services before we start providing them unless a payment plan has been agreed.
11.4 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 2% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
11.5 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
12.1 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.
12.2 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 or for fraud or fraudulent misrepresentation.
12.3 Other terms relating to our responsibility for loss or damage suffered by you depend on whether you are a “consumer” as defined by section 2(3) of the Consumer Rights Act 2015, being “an individual acting for purposes that are wholly or mainly outside that individual’s trade, business, craft or profession”:
12.4 If you are a “consumer”, then in addition to 12.2:
- 12.4.1 we also do not exclude liability for breach of your legal rights as summarised at paragraph 10.2; and
- 12.4.2 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.
12.5 If you are not a “consumer”, then, subject to 12.2:
- 12.5.1 we shall under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and
- 12.5.2 our total liability to you in respect of all other losses arising under or in connection with the sale of any goods, services or digital content, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the product which the claim relates to, or £200 (whichever is the greatest).
13. HOW WE MAY USE YOUR PERSONAL INFORMATION
14. OTHER IMPORTANT TERMS
14.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
14.2 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.
14.3 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraph s of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraph s will remain in full force and effect.
14.4 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.
14.5 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. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
1.2 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. We will always endeavour to resolve any complaint you may have. However, if we are unable to resolve any dispute which may arise between us, either party is entitled to seek further recourse through the Online Dispute Resolution Platform. Operated by the European Commission, the ODR Platform is an online platform providing businesses and customers in the European Union with a forum for resolving online sales disputes without the need to go to court. The dispute resolution services available on the Platform are provided free of charge, although neither you nor we are under any obligation to participate. For more information about the ODR Platform please email [email protected]