Introduction
1.1
Welcome to Five Star Training, a brand name of AFA Associated Ltd. These Terms and Conditions govern your use of our website and the purchase of courses and course-related goods through Fivestartraining.co.uk.
1.2
AFA Associated Ltd is a registered company in England and Wales under company number 15153395, with its registered office at Suite A 82 James Carter Road, Mildenhall, Suffolk, United Kingdom, IP28 7DE. Contact us via email at Support@fivestartraining.co.uk or by telephone at +44 (0) 161 3541891.
Acceptance of Terms
2.1
Review these terms carefully. Placing an order implies agreement with these Terms and Conditions. Eligibility and a minimum age of 16 are required for purchasing Goods.
2.2
These terms govern the sale of all Goods and Services. Ordering implies acceptance of these Terms and Conditions.
Interpretation
3.
Consumer: Individual or group intending to order, purchase, or utilize acquired goods, products, or services primarily for personal, social, family, or business use.
4.
Contract: Legally binding agreement between you and AFA Associates Ltd T/A Fivestartraining.co.uk for the supply of goods.
5.
Delivery Location: Signifies the Supplier’s premises or another location specified in the order where the courses are to be provided.
6.
Durable Medium: Encompasses paper or email, or any other medium enabling information to be personally addressed, stored by the recipient for future reference, and allowing unchanged reproduction for an adequate period.
7.
Goods: Pertains to the courses and physical items advertised on our website, supplied to you as detailed in the Order.
8.
Order: The Customer’s request for Goods from the Supplier, submitted through the step-by-step process outlined on the Website.
9.
Privacy Policy: Outlines the terms governing the handling of confidential and personal information received from you through the Website.
10.
Website: Denotes our website fivestartraining.co.uk, where the Goods are promoted.
Goods
11.
The Goods are described as outlined on the Website, in catalogues, brochures, or other forms of
advertisement. Any description is for illustrative purposes only, and slight variations in the size and colour
of the supplied Goods may occur.
12.
For Goods tailored to your specific requirements, it is your responsibility to ensure the accuracy of any
information or specifications provided.
13.
The availability of all Goods featured on the Website is subject to change.
14.
We reserve the right to make necessary changes to the Goods to comply with applicable laws or safety
requirements. Notification of these changes will be provided to you.
Personal Information and Registration
15.
Upon registering on the Website, you are required to establish a username and password. You are accountable for all activities carried out under the selected username and password and commit to not divulge this information to others, maintaining its confidentiality.
16.
All information is retained and utilized in strict accordance with the Privacy Policy.
17.
Communication may occur via email, electronic communication methods, or pre-paid post, and you expressly consent to these means of contact.
Basis of Sale
18.
The depiction of Goods on our website does not constitute a contractual offer for their sale. Upon submission of an order on the Website, we reserve the right to reject it for any reason, with an attempt to promptly communicate the rationale.
19.
The Order process is outlined on the Website, with each step enabling you to review and rectify any errors before finalizing the order. It is your responsibility to ensure accurate utilization of the ordering process.
20.
A Contract for the sale of Goods is established only upon your receipt of an email confirming the order (Order Confirmation). It is imperative to verify the completeness and accuracy of the order confirmation and promptly notify us of any errors. We disclaim responsibility for inaccuracies in the order placed by you. By placing an order, you consent to receiving confirmation of the Contract via email, containing all pertinent information (i.e., the Order Confirmation). The order confirmation will be received within a reasonable time after entering into the contract, but no later than the delivery of any Goods supplied under the contract.
21.
Any quotation remains valid for a maximum of 30 days from its date, unless expressly withdrawn earlier.
22.
No alterations to the Contract, whether concerning Goods description, Fees, or otherwise, can be made after its execution unless mutually agreed upon in writing by the Customer and the Supplier.
23.
These Terms and Conditions are intended to apply exclusively to a contract entered into by you as a consumer. If this is not the case, please inform us so that we may offer you a different contract with terms better suited for you, possibly providing additional benefits, such as those applicable to businesses.
Price and Payment
24.
The price of Goods and any additional charges, including delivery, is as stipulated on the Website at the order date or as otherwise agreed upon in writing.
25.
Prices and charges do not include VAT.
26.
Payment is required by submitting your credit or debit card details with the Order, and we reserve the right to process payment immediately or before Goods delivery.
Risk and Title
27.
Ownership of Goods is not transferred until full payment is received. In the event of overdue payment or indications of bankruptcy, we reserve the right to cancel any delivery, terminating your right to use the Goods. Should this occur, you are obligated to return the Goods or allow us to collect them.
Withdrawal, Returns, and Cancellation
28.
Subject to the conditions outlined in these Terms and Conditions, you may cancel this contract within 14 days without providing a reason, provided the course has not been registered to a learner.
29.
The cancellation period expires 14 days after you acquire the Goods.
30.
To exercise the right to cancel, notify us of your decision through a clear statement via post or email, providing evidence of the cancellation timing. While the attached model cancellation form is available for use, it is not obligatory.
31.
To meet the cancellation deadline, your communication regarding the right to cancel must be sent before the expiration of the cancellation period.
32.
Unless specified otherwise, upon cancellation of this Contract, we will reimburse all payments received from you.
33.
Reimbursement will be made without undue delay and no later than 14 days after receiving your cancellation.
34.
The reimbursement method will mirror the means of payment used for the initial transaction, unless expressly agreed otherwise; you will not incur any fees related to the reimbursement.
35.
For the purposes of these Cancellation Rights: Definitions include:
a. Distance contract: A contract concluded between a trader and a consumer through an organized distance sales or service-provision scheme without simultaneous physical presence, exclusively using one or more means of distance communication until contract conclusion.
b. Sales contract: A contract transferring or agreeing to transfer the ownership of goods to a consumer, with the consumer paying or agreeing to pay the price, including any contract involving both goods and
services.
Conformity
36.
We have a legal obligation to provide Goods in conformity with the Contract.
37.
Upon delivery, Goods must:
a. Be of satisfactory quality.
b. Be reasonably fit for any specific purpose communicated to us by you before the Contract’s formation.
c. Conform to their description.
38.
Failure to conform is not applicable if the failure originates from your materials.
39.
We offer telephone and email support as part of our after-sales service.
Successors and Our Sub-contractors
40.
Either party may transfer the Contract’s benefit to another party while remaining liable for contractual
obligations. The Supplier bears responsibility for the acts of any sub-contractors assisting in performing
duties.
Circumstances Beyond the Control of Either Party
41.
In case of failure due to circumstances beyond reasonable control:
a. The affected party will promptly inform the other party.
b. The obligations of the affected party will be reasonably suspended, provided acting reasonably, and the
party will not be liable for unavoidable failures. This provision does not impact the Customer’s rights
regarding delivery and the right to cancel, as mentioned below.
Privacy
42.
Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation about your personal information.
43.
These Terms and Conditions should be read alongside and complement our policies, including our privacy policy (fivestartraining.co.uk/privacypolicy) and cookies policy (fivestartraining.co.uk/cookiespolicy).
44.
Definitions:
a. Data Protection Laws: Any applicable laws related to processing Personal Data, including the
Data Protection Directive or the GDPR.
b. GDPR: The General Data Protection Regulation (EU) 2016/679.
c. Data Controller, Personal Data, and Processing: Have the same meanings as in the GDPR.
45.
We act as a Data Controller for Personal Data processed in providing Goods.
46.
Complying with Data Protection Laws, we:
a. Identify the purposes for collecting Personal Data before or at the time of collection.
b. Process Personal Data solely for identified purposes.
c. Respect your rights concerning Personal Data.
d. Implement measures to ensure the security of your Personal Data.
47.
For privacy-related inquiries or complaints, email
Support@fivestartraining.co.uk
Excluding Liability
48.
The Supplier does not exclude liability for fraudulent acts or omissions, or for death or personal injury caused
by negligence or breach of other legal obligations. However, the Supplier is not liable for:
a. Loss not reasonably foreseeable to both parties at the time of Contract formation.
b. Loss (e.g., loss of profit) to the Customer’s business, trade, craft, or profession not typically suffered
by a Consumer.
Governing Law, Jurisdiction, and Complaints
49.
The Contract, including non-contractual matters, is governed by the law of England and Wales.
50.
Disputes can be brought before the courts of England and Wales, or, if the Customer resides in Scotland or
Northern Ireland, the courts of Scotland or Northern Ireland.