Terms and Conditions
1. About these Terms and Conditions
1.1 In these terms and conditions "we" and "us" means Thomas Telford Limited (wholly owned by the Institution of Civil Engineers) and "you" means you the customer. In these terms and conditions words underlined are defined terms. For your ease of reference these defined terms are listed together at the end of the terms and conditions. These terms and conditions together with your order constitute the contract between us and you for the supply of products. No other terms and conditions shall apply. The contract cannot be varied unless we agree to vary it in writing or by email.
1.2 By accessing or using the ICE Virtual Library website you agree to be bound by the terms and conditions below.
2.1 We understand the importance of maintaining and protecting your privacy. When you place an order we need to know certain vital information about you to process your order. This information includes: your name, home or company address, e-mail address, delivery address, telephone number, credit card number and expiry date. This information is given in a secure area. This information is required to process and fulfill your order and to notify you, if necessary, about the status of your order (e.g. if a particular product is out of stock). Your telephone number is required so that we can contact you quickly if necessary, for example, if there is a problem with your order.
2.2 We ask for details of your e-mail address when you place an order. We may use your e-mail address to contact you. If we are unable to contact you by e-mail then we may contact you by any other suitable method reasonably available.
2.3 We use the information we hold about you to monitor the use of the ICE Virtual Library website and to keep records of traffic flows to the site. We may also use the information we collect to notify you about functionality changes of the service and new products and services in areas that are of interest to you, unless you have indicated otherwise.
2.4 "Cookies" are small pieces of information stored on your computer's hard drive by your web browser. The cookies that we use contain no personal information that could be used to identify you and are used only as part of the shopping service we provide - such as the storage of titles in your shopping basket between visits. It is possible to configure your browser so that cookies are not used automatically but this may prevent you from having the benefit of some of the site's features.
2.5 In order to fulfill our obligations under the UK Data Protection Acts of 1984 and 1998 we do our utmost to prevent unauthorized access to your information by following very strict procedures about the storage and disclosure of your information. To protect against unauthorized access to your password and your computer ensure you log off when you have finished using your computer.
2.6 We may abstract statistics about our customers, sales, traffic patterns and related site information to be used internally, but such statistics will not include any personal information that would identify you.
2.7 We work closely with other organizations and individuals to perform functions on our behalf. Examples include fulfilling orders, delivering packages, sending postal mail and email, processing credit card payments and customer service. They are provided with personal information necessary to perform that task and may not use it for other purposes.
2.8 Account and other personal information will be released by us only when we believe it is necessary to comply with law.
2.9 We may update this policy from time to time and we advise you to check it regularly so that you are aware of any changes. We would welcome any feedback you may have on privacy. Please e-mail any comments to firstname.lastname@example.org.
3. Force Majeure
3.1 We will not be liable for any loss or damage suffered or incurred by you arising from our delay in fulfilling or failure to fulfill or otherwise discharge any of our obligations under the contract, to the extent that such delay or failure is caused by any circumstance beyond our reasonable control.
4. Governing Law and Jurisdiction
4.1 The contract shall be governed by English law.
4.2 Both we and you submit to the exclusive jurisdiction of the English courts.
5.1 The prices for the products will be the prices indicated on the Virtual Library website, but are subject to change.
5.2 VAT is only payable for electronic and other non-book products in the European Union.
6. Export Control
6.1 You agree to comply with all export laws. You agree (i) not to export any product to any country in contravention of any Export Law, and (ii) not to export any product to any country for which an export license or other governmental approval is required, without first obtaining all necessary licenses or other approvals. You warrant that you are not located in, under the control of, or a national or resident of any country to which export of the Products is prohibited by any Export Law.
7. Content Licencing
7.1 Any published content purchased on the ICE Virtual Library website is subject to acceptance of a separate licence agreement, displayed during the purchase process.
8. Placing Your Order
8.1 To place an order you must be 18 years of age or over.
8.2 By placing an order, you make an offer to us to purchase the products you have selected on these terms and conditions. We may or may not accept your offer at our discretion. If we accept your order, we will notify you of our acceptance by issuing an order confirmation. We will send your order confirmation to you by email, verbally over the phone or by fax.
8.3 If we cannot accept your order we will contact you by email, telephone or fax.
8.4 Information contained on the ICE Virtual Library website constitutes an invitation to treat. No such information constitutes an offer by us to supply any products.
9. Supply of Your Products
9.1 Subject to these terms and conditions, we will supply to you the products indicated on your order confirmation.
10.1 We aim to deliver the physical elements of UK orders within 10 working days of the date of issue of your order confirmation and 20 working days for overseas orders. In many cases the order time will be quicker than these minimum service levels.
11. Hardcopy Damaged Goods Policy
11.1 We care about your custom and the service we provide to you. Should your hardcopy purchase be received in less than perfect condition please inform us within 7 days of receipt to obtain a returns authorization document. It is our aim to provide a quality service to our customers and we want you to be completely satisfied with your purchase from us. The goods should not be sent back to us before you receive the returns authorization document.
12. Our Liability
12.1 If you are a consumer, nothing in the contract shall limit or exclude our liability for breach of any term implied by statute.
12.1.1 If you are not a consumer these terms and conditions set out the full extent of our obligations and liabilities in respect of the supply of the products and performance of the services;
12.1.2 There are no warranties, conditions or other terms that are binding on us except as expressly stated in the contract.
12.1.3 Any warranty, condition or other term concerning the products or services which might otherwise be implied into or incorporated in the contract by statute, common law or otherwise (including without limitation any implied term as to quality or fitness for purpose) is hereby expressly excluded.
12.2 Subject to condition 12.1, we will not be liable under the Contract for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
12.3 Subject to conditions 12.1 and 12.2 our maximum aggregate liability under the Contract whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.
12.4 We have no liability for material that might appear on any linked third party websites.
13.1 If you are a consumer you have the right to cancel within the hardcopy element of any order 7 days from the receipt of your purchase, please contact us within that period to obtain a returns authorization document. The goods should not be sent back to us before you receive the returns authorization document. Once the goods have been received back by us you will have your payment refunded.
13.2 We are unable to accept the return of any downloaded material. Before you finally complete your purchase please carefully review whether the particular product under consideration will meet your needs.
14.1 Neither our failure nor your failure to enforce any term of the contract constitutes a waiver of such term. Such failure shall in no way affect the right later to enforce such term.
14.2 The invalidity or unenforceability of any provision of the Contract shall not adversely affect the validity or enforceability of the remaining provisions.
15. Defined Terms
In these terms and conditions:
means a customer who purchases products otherwise than in the course of business.
means a condition contained in these terms and conditions.
means anyone who uses the ICE Virtual Library website
means all electronic product published by Thomas Telford Ltd and the Institution of Civil Engineers. This includes articles, chapters, journals, books, conference proceedings and any other original source of information.
means these terms and conditions together with your order.
means all laws, regulations and orders of the United States, the European Union and the United Kingdom applicable to the export, re-export, transfer or resale of products.
"ICE Virtual Library website"
means our built-to-order website for our global customers.
means an order placed by you in accordance with these terms and conditions.
means the order confirmation issued by us to you indicating acceptance of your order.
means any product listed on the Virtual Library Website which we agree to supply to you on these terms and conditions.
"Return Authorization Document"
means the documentation issued by us to you for the return of products.
means any services relating to products (including without limitation warranty and telephone support services) that we agree to supply to you on these terms and conditions.
means all days of the week excluding Saturdays, Sundays and Public Holidays in the UK.