This page tells you the terms and conditions (Terms) on which we supply any of the courses (Courses) listed on our website https://kocherbeck.simplero.com/ (our site) to you. 

Please read these Terms carefully before ordering any Courses from our site.

You should print a copy of these terms and conditions for your future reference.

Please click on the button marked "I Accept" at the end of these terms and conditions if you accept them.  Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Courses from our site.

1.                   Information about us

https://kocherbeck.simplero.com/ is a site operated by Kocher and Beck UK Ltd ("we" or “us”). Our address is Brunel Way, Stephenson Industrial Estate, Coalville, Leicestershire LE67 3HF and our email address is academy@kocher-beck.co.uk

2.                   Your status

2.1                By placing an order through our site, you warrant and confirm that:

(a)            You are legally capable of entering into binding contracts;

(b)           You are at least 18 years old;

(c)            You will only use a Course for your business use and you may not sell, publish or distribute any documents provided in connection with the Course or use then in whole or in part to create another document.

2.2                Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:

·                     You are an individual.

2.3                You are buying Courses from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).

2.4                If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

3.                   How the contract is formed between you and us

3.1                After placing an order, you will receive an e-mail from us acknowledging that we have received your order.  Please note that this does not mean that your order has been accepted.  Your order is an offer to us to buy a Course.  All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Course is available for access (the Order Confirmation).  The contract between us (Contract) will only be formed when we send you the Order Confirmation. 

3.2                The Contract will relate only to those Courses whose access or download we have confirmed in the Order Confirmation.  We will not be obliged to supply any other Courses that may have been part of your order until the access or download of such Course has been confirmed in a separate Order Confirmation.

4.                   Your rights to end the contract

4.1                If you are a consumer we are under a legal duty to supply products that are in conformity with this contract. Therefore, if the digital content in the Course 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.

4.2                If you are purchasing a Course as a consumer:

(a)            you may have the right to cancel this agreement within 14 days of the  Order being accepted. You cancel this agreement by emailing us at academy@kocher-beck.co.uk or by using the form of cancellation annexed to this agreement at Annex 1. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. If you cancel this agreement, we will reimburse to you all payments received from you in relation to the agreement within 14 days after the date on which we were informed about your decision to cancel this Contract. However you will not be able to cancel this agreement after you have started to download or stream the Courses;

(b)           notwithstanding paragraph 3.3(a) above, if you agree, at the time of placing an order, that we may supply the digital content immediately after your order is accepted then you acknowledge that you will not have the right to change your mind and you will lose your cancellation rights in relation to such digital content; and

(c)            in relation to the provision of any additional services under this Contract:

(i)             you hereby request immediate performance of the Contract and acknowledge that you will lose your right of withdrawal from the Contract once the service contract is fully performed; and

(ii)           if you cancel the Contract before the services have been fully performed, you agree that you will pay for the supply of the service for the period for which they are supplied. The amount payable will be in proportion to what has been supplied, in comparison with the full coverage of the Contract.

5.                   Availability

5.1                Your order will be fulfilled automatically on your receipt of the Order Confirmation but in the event that our automated systems do not work immediately, please contact academy@kocher-beck.co.uk to advise us that the Course has not been made available for access or download. As our systems are automated, we shall not be liable for any delay in the access to or download of any Course.

5.2                We are not responsible for delays outside our control. If our supply of the Courses 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 Courses you have paid for but not received.

6.                   Title and Intellectual Property

6.1                You will only be entitled to use the Course when we receive full payment of all sums due in respect of the Course.

6.2                As between us and you, all Intellectual Property Rights and all other rights in any Course shall be owned by us. We license all such rights to you on a non-exclusive basis only to such extent as is necessary to enable you to make reasonable use of the Course.

6.3                We shall enforce our Intellectual Property Rights in the Course to the fullest extent possible by law and DISTRIBUTING (WHETHER FOR PAYMENT OR OTHERWISE), PUBLISHING, SELLIING OR DISCLOSING A COURSE IS STRICTLY PROHIBITED.

7.                   Price and payment

7.1                The price of any Course will be as quoted on our site from time to time, except in cases of obvious error. 

7.2                These prices include VAT except where expressly stated otherwise.

7.3                Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.

7.4                Payment for all Courses must be by such method of payment as is specified on our website.

7.5                Payment by K+B Account is only available to customers who already have an existing credit account with Kocher + Beck UK Ltd for their tooling purchases; any training purchases will be subject to the normal payment terms applicable to your account.

8.                   Refunds

8.1                As you are able to access, make use of and copy the Course immediately, we will only offer refunds in limited circumstances at our discretion.

8.2                We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

9.                   Our liability

9.1                Our Courses are provided on an "as is" basis without any representations or endorsements made and without any warranty of any kind whether express or implied, other than where you are purchasing our Courses as a consumer in which case the implied warranties of fitness for purpose, merchantability and accuracy shall apply.

9.2                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.

9.3                We are not liable for business losses. If you are a consumer we only supply the products for to you for domestic and private use. 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.

9.4                If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in Clause 10.

10.                OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A BUSINESS

10.1             Nothing in these terms shall limit or exclude our liability for:

(a)            death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);

(b)           fraud or fraudulent misrepresentation;

(c)            breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;

(d)           defective products under the Consumer Protection Act 1987; or

(e)            any matter in respect of which it would be unlawful for us to exclude or restrict liability.

10.2             Except to the extent expressly stated in Clause 10.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.

10.3             Subject to Clause 10.1:

(a)            we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any indirect or consequential loss arising under or in connection with any contract between us including, but not limited to:

(i)             loss of income or revenue

(ii)           loss of business

(iii)         loss of profits or contracts

(iv)          loss of anticipated savings

(v)           loss of data

(vi)          loss of data, or

(vii)        waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

(b)           our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the amount of the Course purchased.

11.                Written communications

You agree that our communication with you will be mainly electronic and via email.  We may however also provide you with information by posting notices on our site. You agree that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.  This condition does not affect your statutory rights.

12.                Notices

All notices given by you to us must be given to the K+B Academy Team at Brunel Way, Stephenson Industrial Estate, Coalville, Leicestershire LE67 3HF. We may give notice to you at the e-mail address you provide to us when placing an order.  Notice will be deemed received and properly served 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.

13.                Transfer of rights and obligations

13.1             You may not transfer, assign or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. 

13.2             We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

14.                Events outside our control

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 events outside our reasonable control. 

15.                Waiver

15.1             If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

15.2             A waiver by us of any default shall not constitute a waiver of any subsequent default.

15.3             No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 10 above.

16.                Severability

If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

17.                Entire agreement

17.1             These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

17.2             We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.

17.3             Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.

18.                Our right to vary these terms and conditions

18.1             We have the right to revise and amend these terms and conditions from time to time. 

18.2             You will be subject to the policies and terms and conditions in force at the time that you order Courses from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Course).

19.                Law and jurisdiction

Contracts for the purchase of Courses through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law.  Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of England and Wales.

ANNEX 1

MODEL CANCELLATION FORM

To: Kocher and Beck UK Ltd, Brunel Way, Stephenson Industrial Estate, Coalville, Leicestershire LE67 3HF (academy@kocher-beck.co.uk)

PLEASE NOTE THIS FORM ONLY APPLIES IF YOU ARE PURCHASING A COURSE IN YOUR CAPACITY AS A CONSUMER

I/we* hereby give notice that I/we* cancel my/our* contract of sale for the supply of the following services:

………………………………………………………………………………………………………………………………………

Ordered on ………………………………………………………………………………………………………

Name of consumer ………………………………………………………………………………………………………

Address of consumer ………………………………………………………………………………………………………

Signature of consumer ………………………………………………………………………………………………………

Date ………………………………………………………………………………………………………

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