Terms and conditions for the supply of products

This page (together with the documents expressly referred to on it] OR our Privacy Policy, Terms of Website Use and Acceptable Use Policy) tells you information about us and the legal terms and conditions ('Terms') on which we sell any of the books/downloadable/streamed content ('Products') listed on our website (our site) to you.

These Terms will apply to any contract between us for the sale of Products to you, whether your order is placed via our website, by telephone or in writing including, but not limited to, email and fax (Contract). 

Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site.  Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in it.

Please click on the button marked "I Accept" at the end of these Terms if you accept them. If you refuse to accept these Terms, you will not be able to order any Products from our site.

IMPORTANT NOTICE TO CONSUMERS IF THE PRODUCT IS DOWNLOADABLE OR STREAMED:

• IF YOU ARE A CONSUMER, YOU HAVE THE RIGHT TO WITHDRAW FROM YOUR TRANSACTION WITHOUT CHARGE AND WITHOUT ANY REASON BEFORE DOWNLOADING OR STREAMING THE PRODUCT.
• HOWEVER, YOU WILL LOSE THE RIGHT TO CANCEL THE TRANSACTION ONCE YOU BEGIN TO DOWNLOAD OR STREAM THE PRODUCT.
• YOU CONSENT TO US COMMENCING DELIVERY OF THE DOWNLOAD OR STREAM OF THE PRODUCT TO YOU AS SOON AS THE CONTRACT BETWEEN US COMMENCES AND YOU ACKNOWLEDGE THAT YOU WILL LOSE YOUR RIGHT TO CANCEL ONCE DELIVERY HAS STARTED.
• THIS DOES NOT AFFECT YOUR CONSUMER RIGHTS FOR DEFECTIVE DOWNLOADED OR STREAMED PRODUCTS.

You should print a copy of these Terms or save them to your compute for future reference.

We amend these Terms from time to time as set out in clause 9. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.

These Terms, and any Contract between us, are only in the English language.

1. Information about us

1.1 www.rcr.ac.uk is a site operated by The Royal College of Radiologists ("RCR").  RCR is a charity registered in England and Wales with the Charity Commission No. 211540, and our contact address is The Royal College of Radiologists, 63 Lincoln’s Inn Fields, London WC2A 3JW.

1.2 To contact us, please see our Contact Us page.

2. Use of our site

2.1 Your use of our site is governed by our Terms of website use and Acceptable Use Policy. Please take the time to read these, as they include important terms which apply to you.

3. How we use your personal information

3.1 We only use your personal information in accordance with our Privacy Policy. For details, please see our Privacy Policy. Please take the time to read these, as they include important terms which apply to you.

4. Our Products

4.1 All Products shown on our site are subject to availability. We will inform you by email as soon as possible if the Product you have ordered is not available and we will not process your order if made.

5. You

5.1 By making an online booking through our site, you warrant that:

1. you are at least 18 years old; and
2. if you are not a consumer:
   1. where you are purchasing on behalf of a business, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products; and
   2. you acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms or our Privacy Policy, Terms of website use  and Acceptable Use Policy.

5.2 These Terms and our Privacy Policy, Terms of website use and Acceptable Use Policy constitute the entire agreement between you and us.

6. Downloadable or streamed content

6.1 This clause 6 shall apply to any text, files, pdf documents, e-books, videos or other materials purchased and downloaded or streamed from our website (“Content”).

6.2 Content is licensed, not sold, to you by us or by the third party making the Content available through our website (collectively the “Content Owner”).

6.3 Accordingly, all intellectual property rights in the Content are owned by the Content Owner, and nothing in these terms and conditions shall confer on you any right or interest in the Content and all other rights are reserved to us.

6.4 Upon downloading the Content, subject to payment of the price for the Content, the Content Owner grants a licence to you to use the Content for your own personal use or your internal business, trade or professional purposes.

6.5 You, except as may be allowed by any applicable law which is incapable of exclusion by agreement, shall not (and shall ensure that others do not):

1. attempt to copy, modify, duplicate, create derivative works from, republish, transmit or distribute all or any portion of the Content;
2. licence, sell, rent, lease, transfer, assign, distribute or otherwise commercially exploit the Content.

7. If you are a consumer

7.1 As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.

8. How the contract is formed between you and us

8.1 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

8.2 After you place an order, you will receive an email from us acknowledging that we have received your order (“Acknowledgement Confirmation”). The Contract between us will only be formed when we send to you the Acknowledgement Confirmation or allow you to download or stream the Product (as the case may be).

8.3 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site as referred to in clause 13.5, we will inform you of this by email and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.

9. Our right to vary these terms

9.1 We may revise these Terms from time to time in the following circumstances: 

1. changes in how we accept payment from you;
2. changes in relevant laws and regulatory requirements; and
3. changes arising from changes to RCR’s systems.

9.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.

9.3 Whenever we revise these Terms in accordance with this clause 9, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.

10. Your consumer right of return and refund

This clause 10 only applies if you are a consumer.

10.1 If you are a consumer, you have a legal right to cancel a Contract during the period set out below in clause 10.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.

10.2 However, this cancellation right does not apply in the case of newspapers, periodicals or magazines, with the exception of subscription contracts for the supply of such publications.

10.3 Your legal right to cancel a Contract starts from the date of the Acknowledgement Confirmation, which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered:

1. If your Contract is for a single Product (which is not delivered in instalments on separate days), you have a period of 14 (fourteen) days in which you may cancel, starting from the day after the day you receive the Products.
2. If your Contract is for either one Product which is delivered in instalments on separate days or multiple Products which are delivered on separate days, you have a period of 14 (fourteen) days in which you may cancel, starting from the day after the day on which you receive the last instalment of the Product of the last of the separate Products ordered.
3. If your Contract is for the regular delivery of a Product over a set period, you have a period of 14 (fourteen) days after the day on which you receive the first delivery of the Products.
4. If your Contract is for the supply of digital content which is not supplied on a tangible medium, you have 14 (fourteen) days in which you may cancel, starting from the day the Contract is concluded between us.  However you consent to us commencing delivery of the Product where it is downloadable or streamable as soon as the Contract between us commences and you acknowledge that will lose the right to cancel where the Product is downloadable or streamable as soon as you start downloading or streaming the Product
5. 10.4 To cancel a Contract, you just need to let us know that you have decided to cancel. A link to the website cancellation form will be included in our Dispatch Confirmation . If you use this method we will email you to confirm we have received your cancellation. You can also contact us in writing by sending an email to publications@rcr.ac.uk, or by calling us on 020 7406 5920. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by email or by post, then your cancellation is effective from the date you sent us the email or posted the letter to us.  If you call us to notify us of your cancellation, then your cancellation is effective from the date you telephone us.

10.5 If you cancel your Contract we will:

1. refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund 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.
2. refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). 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 (twenty four) hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
3. make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
   1. if you have received the Product and we have not offered to collect it from you: 14 (fourteen) days after 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 clause 10.8
   2. if you have not received the Product or you have received it and we have offered to collect it from you: 14 (fourteen) days after you inform us of your decision to cancel the Contract.

10.6 If you have returned the Products to us under this clause 10 because they are faulty or mis-described, we will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.

10.7 We refund you on the credit card or debit card used by you to pay.

10.8 If the Products were delivered to you before you decide to cancel your Contract:

1. you must return the Products to without undue delay and in any event not later than 14 (fourteen) days after the day on which you let us know that you wish to cancel the Contract;
2. unless the Products are faulty or not as described (in this case, see clause 10.6), you will be responsible for the cost of returning the Products to us.  If the Product is one which cannot be returned by post, we estimate that if you use the carrier which delivered the Product to you, these costs should not exceed the sums we charged you for delivery.

10.9 Details of your legal right to cancel and an explanation of how to exercise it are provided in the Acknowledgement Confirmation.

10.10 Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract.  As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 10 or these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

11. Delivery

11.1 We will contact you with an estimated delivery date, which will be within 30 days after the date of the Dispatch Confirmation (the date on which we email you to confirm our acceptance of your order). Occasionally our delivery to you may be affected by an Event Outside Our Control. See Clause 18 for our responsibilities when this happens.

11.2 Delivery will be completed when we deliver the Products to the address you gave us.

Clauses 11.3 to 11.5 only apply if you are a consumer.

11.3 If we miss the 30 days’ delivery deadline for any Products then you may cancel your Order straight away if any of the following apply:

1. we have refused to deliver the Products;
2. delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
3. you told us before we accepted your order that delivery within the delivery deadline was essential.

11.4 If you do not wish to cancel your order straight away, or do not have the right to do so under Clause 11.3, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.

11.5 If you do choose to cancel your Order for late delivery under Clause 11.3 or Clause 11.4, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your Order we will refund any sums you have paid to us for the cancelled Products and their delivery.

11.6 The Products will be your responsibility from the completion of delivery.

11.7 You own the Products once we have received payment in full, including all applicable delivery charges.

12. International delivery

12.1 We deliver to the countries listed on this page (International Delivery Destinations).  However there are restrictions on some Products for certain International Delivery Destinations, so please review the information on that page carefully before ordering Products.

12.2 If you order Products from our site for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination.  Please note that we have no control over these charges and we cannot predict their amount.

12.3 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.

12.4 You must comply with all applicable laws and regulations of the country for which the Products are destined.  We will not be liable or responsible if you break any such law.

13. Price of products and delivery charges

13.1 The prices of the Products will be as quoted on our site from time to time. We use our best efforts to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause 13.5 for what happens in this event.

13.2 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Acknowledgement Confirmation.

13.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.

13.4 The price of a Product does not include delivery charges. Our delivery charges are advised to you during the check-out process before you confirm your order.

13.5 Our site contains a large number of Products. It is always possible that, despite our best efforts, some of the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:

1. where the Product's correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Products to you. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price; and
2. if the Product's correct price is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.

14. How to pay

14.1 You can only pay for Products using a debit card or credit card. We accept all major debit and credit cards

14.2 Payment for the Publication and all delivery charges is in advance.

15. Products which are or are in part educational or provide advice or training

Video and book content (“Content”) is based upon an opinion and you should be aware that other professionals in the field may have a different opinion.  There are also continuous advances in medical research. When viewing any video or reading any book you must, therefore, consider such content in light of other professional guidance and medical advances. Accordingly you must make your own independent judgement in respect of the course of action that you take regarding your patients as any action that you take in respect of your patients is your responsibility and not our responsibility.

16. Our liability if you are a business or purchasing for your professional purposes

This clause 16 only applies if you are a business or professional customer.

16.1 We only supply the Products for internal use by your business or in your profession, and you agree not to use the Product for any re-sale purposes.

16.2 Nothing in these Terms limit or exclude our liability for:

1. death or personal injury to you caused by our negligence;
2. fraud or fraudulent misrepresentation;
3. breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
4. defective products under the Consumer Protection Act 1987.

16.3 Subject to clause 16.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

1. any loss of profits, sales, business, or revenue;
2. any loss, liability or damage that you suffer as a result of or in connection with the death or personal injury of any person in respect of which you have relied upon any Content whether such death or personal injury was caused by the RCR’s negligence or not.
3. loss or corruption of data, information or software;
4. loss of business opportunity;
5. loss of anticipated savings;
6. loss of goodwill; or
7. any indirect or consequential loss.

16.4 Subject to clause 16.2 and clause 16.3 , our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.

16.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.

17. Our liability if you are a consumer

This clause 17 only applies if you are a consumer.

17.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.

17.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business, professional or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

17.3 We do not in any way exclude or limit our liability for:

1. death or personal injury caused by our negligence;
2. fraud or fraudulent misrepresentation;
3. any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
4. any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
5. defective products under the Consumer Protection Act 1987.

18. Events outside our control

18.1 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 an Event Outside Our Control. An Event Outside Our Control is defined below in clause 18.2.

18.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

18.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

1. we will contact you as soon as reasonably possible to notify you; and
2. our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

18.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.

19. Communications between us

19.1 When we refer, in these Terms, to "in writing", this will include email.

19.2 If you are a consumer:

1. To cancel a Contract in accordance with your legal right to do so as set out in clause 10, please call us on +44 (0)20 7406 5920 or email us at publications@rcr.ac.uk  You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by email or by post, then your cancellation is effective from the date you sent us the email or posted the letter to us. If you call us to notify us of your cancellation, then your cancellation is effective from the date you telephone us.
2. If you wish to contact us in writing for any other reason, you can send this to us by email or by pre-paid post to RCR at The Royal College of Radiologists, 63 Lincoln’s Inn Fields, London WC2A 3JW or email publications@rcr.ac.uk You can always contact us using our Customer Services telephone line on +44 (0)20 7406 5920.

19.3 If we have to contact you or give you notice in writing, we will do so by email or by pre-paid post to the address you provide to us in your order.

19.4 If you are a business or a professional, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an email 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 email, that such email was sent to the specified email address of the addressee. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

20. Other important terms

20.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.

20.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

20.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.

20.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

20.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

20.6 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

20.7 If you are a business or a professional, these Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.