General Terms and Conditions

8.1 The period for delivery of Goods shall be the period within which the Goods are intended to be despatched from the Company’s Premises and shall be calculated from the time of the receipt by the Company of the Client’s order or from the receipt of all necessary information to enable the Company to manufacture or procure the manufacture of the Goods whichever shall be the later and the Client shall take delivery of the Goods within that period.

8.2 All times or dates given for delivery of the Goods are given in good faith but without any responsibility on the part of the Company. Time of delivery shall not be of the essence of the Contract nor shall the Company be under any liability for any delay beyond the Company’s control.

8.3 Where the Goods are handed to a carrier for carriage to the Client or to a United Kingdom port for export any such carrier shall be deemed to be an agent of the Company and not the Client for the purposes of Sections 44, 45 and 46 of the Sale of Goods Act 1979.

8.4 Section 32(3) of the Sale of Goods Act 1979 shall not apply to Goods sent by the Company.

8.5 No liability for non-delivery, loss of or damage to the Goods occurring prior to delivery or for any claim that the Goods are not in accordance with the Contract will attach to the Company unless claims to that effect a renotified in writing by the Client to the Company (and in the case of claims for non-delivery loss or damage with a copy to the carrier if the Company’s own vehicles have not been used to deliver the Goods):

8.5.1 Within two days of delivery for loss, damage or non-compliance with the Contract; or

8.5.2 For non-delivery, within ten days of the date of the invoice.

8.6 In the event of a valid claim for non-delivery, loss, damage or non-compliance with the Contract, the Company undertakes at its option either to re-supply or replace the Goods at its expense but shall not be under any further or other liability to any person in connection with such non-delivery, loss, damage or non-compliance.

8.7 If the Client shall fail to give notice in accordance with Condition 8.5 the Goods shall be deemed to be in all respects in accordance with the Contract and the Client shall be bound to accept and pay for the same accordingly.

8.8 If for any reason the Client is unable to accept delivery of the Goods at the time when the Goods are due and ready for delivery the Company may at its sole discretion without prejudice to its further rights store the Goods at the risk of the Client and take all reasonable steps to safeguard and insure them at the cost of the Client provided that the Client shall be immediately informed thereof.

8.9 The Company shall have the right to make delivery by instalments of such quantities and at such intervals as it may decide, and any express provision as to instalments in the Contract shall be in addition to and not in derogation of this right.

8.10 Unless otherwise stated prices are exclusive of carriage and insurance to the Client’s premises and delivery shall take place at the Company’s Premises.

Goods supplied in accordance with the Contract cannot be returned without the Company’s prior written authorisation. Duly authorised returns shall be sent to the Company’s Premises at the Client’s expense.

10.1 From the time of delivery the Goods shall be at the risk of the Client who shall be solely responsible for their custody and maintenance but unless otherwise expressly agreed in writing, the goods shall remain the property of the Company until all payments under the Contract have been made in full and unconditionally. Until title to the goods has passed to the Client the Client shall keep the Goods separate and identifiable from all other Goods in its possession as bailee for the Company.

10.2 In the event of any resale by the Client of the Goods the beneficial entitlement of the Company shall attach to the proceeds of sale or other disposition thereof so that such proceeds or any claim therefore shall be assigned to the Company and until and subject to such assignment shall be held in trust in a separate identified account for the Company by the Client who will stand in a strictly fiduciary capacity in respect thereof.

10.3 In the event of failure to pay the price in accordance with the contract the Company shall have the power to re-sell the Goods such power being additional to (and not in substitution for) any other power of sale arising by operation of law or implication or otherwise and for such purpose the Company and its servants and agents may forthwith enter upon any premises or land occupied or owned by the Client to remove the Goods.

10.4 Pending payment of the full purchase price of the Goods the Client shall at all times keep the Goods comprehensively insured against loss or damage by accident, fire, theft and other risks usually covered by insurance in the type of business for which the Goods have been supplied in an amount at least equal to the balance of the price for the same from time to time remaining outstanding.

11.1 Any Conditions or Warranties (whether express or implied by statute, common law or arising from conduct or a previous course of dealing or trade custom or usage) as to the quality of the Services are hereby expressly negated.

11.2 The Company may help Clients to specify or choose training Services, but the assessment and selection of the Client’s chosen training for the Client’s purpose remains the Client’s ultimate responsibility. The Company undertakes only that in giving such assistance it has acted in good faith and has not been wilfully misleading.

12.1 The Contract shall not constitute a sale by description or sample.

12.2 Any Conditions or Warranties (whether express or implied by statute, common law or arising from conduct or a previous course of dealing or trade custom or usage) as to the quality of the Goods or their fitness for any particular purpose (even if that purpose is made known expressly or by implication to the Company) or as to the correspondence of the Goods with any description or sample are hereby expressly negated.

13.1 In substitution for all rights which the Client would or might have but for these Conditions the Company undertakes in the case of Goods supplied by the Company that if within the period of 90 days from the date of despatch of the Goods by the Company a serious defect in materials or workmanship appears in them it will at its own discretion either credit to the Client in full the price paid by the Client to the Company for them or repair them or supply a replacement for the Goods free of charge at the place of delivery specified by the Client for the original Goods provided that in any case they have been accepted and paid for.

13.2 The Company’s obligations contained in Condition 13.1 are subject to:

13.2.1 The Goods having been used in an appropriate manner and/or as prescribed in the operating instructions (if any);

13.2.2 Faulty parts being returned to the Company at the Client’s expense if so requested;

13.2.3 the Goods not having been modified or repaired otherwise than by the Company or otherwise interfered with.

13.3 Where the Company’s liability under this Condition 13 can be fulfilled by the supply of a replacement part it will arrange for delivery and undertake liability for loss or damage in transit or otherwise to the same extend as for the Client’s original order. Any other costs involved must be borne by the Client. In order to exercise its right under this Condition 13 the Client shall inform the Company within seven days of the date when such defect appeared or ought reasonably to have been discoverable and shall return the defective Goods carriage paid to the Company’s Premises.

13.4 Nothing herein shall impose any liability upon the Company in respect of any defect in the Goods arising out of the acts omissions negligence or default of the Client its servants or agents including in particular but without prejudice to the generality of the foregoing any failure by the Client to comply with any recommendations of the Company as to storage and handling of the Goods.

13.5 Where the Goods are for delivery by instalments any defect in any instalment shall not be a ground for cancellation of the remainder of the instalments and the Client shall be bound to accept delivery thereof.

13.6 Nothing herein shall have the effect of excluding or restricting the liability of the Company for death or personal injury resulting from its negligence in so far as the same is prohibited by United Kingdom statute.

13.7 No guarantee whatsoever is given in respect of items supplied by the Client or a contractor to the Client which are incorporated in Goods at the direction of the Client.

The Company shall not be liable for any costs claims or damages or expenses arising out of any tortious act or omission or any breach of Contract or statutory duty calculated by reference to profits income production or accruals or loss of such profits income products or accruals or by reference to accrual of such costs claims damages or expenses on a time basis.

If the Client shall be in breach of any of its obligations under the Contract or if any distress or execution shall be levied on the Client’s property or assets or if the Client shall make or offer to make any arrangement or composition with its creditors or commit any act of bankruptcy or any bankruptcy petition will be presented against him or (if the Client is a company) if any Resolution or Petition to wind up such company shall be passed or presented or if a receiver, administrative receiver or administrator of the whole or any part of such company’s undertaking, property or assets shall be appointed, the Company in its discretion and without prejudice to any other right or claim may by notice in writing determine wholly, or in part, and every contract between the Company and the Client or may (without prejudice to the Company’s right subsequently to determine the Contract for the same clause should it so decide) by notice in writing suspend further deliveries of Goods and Services until any defaults by the Client are remedied.

16.1 Where the Contract relates to the provision of Services the liability of the Company to the Client for any loss or damage of whatsoever nature and howsoever caused shall be limited to and in no circumstances shall exceed the price payable for the Services.

16.2 Where the Contract relates to the supply of Goods and liability of the Company to the Client for any loss or damage of whatsoever nature and howsoever caused shall be limited to and in no circumstances shall exceed the price payable for the Goods.

16.3 The Company shall not be liable for imperfect work caused by any inaccuracies on any drawing bills of quantities or specifications supplied by the Client.

No statement, description, information, warranty, condition or recommendation contained in any catalogue, price list, advertisement or communication or made verbally by any of the agents or employees of the Company shall be construed to enlarge, vary or override in any way any of these Conditions of the Contract.

The Company shall be entitled to delay or cancel delivery or to reduce the amount delivered if it is prevented from or hindered in or delayed in the provision of Services or as the case may be the supply of Goods through any circumstances beyond its reasonable control including, but not limited to, strikes, lock-outs, accidents or war, fire, reduction in or unavailability of power at manufacturing point, break-down of plant or machinery or shortage or unavailability or raw materials from normal sources of supply.

19.1 Save as provided in conditions 15 and 18 hereof the Contract for supply of Goods may not be cancelled except by agreement in writing of both parties and upon the payment to the Company of such amount as may be necessary to indemnify the Company against all loss resulting from the said cancellation.

19.2 Where the Contract relates to the provision of training Services:

19.2.1 The Client agrees to pay the Company a sum equal to the following percentages of the sums due in respect of a course invoice due to the Company, which will be levied by a Supplementary Fee Invoice, by way of agreed damages if a delegate fails to attend, cancels or withdraws from a course at which such training Services are to be provided, less than 10 working days before course commencement.

19.2.2 If a delegate withdraws from a course once that course has commenced or does not attend the first day of the course, then the Client shall pay the full value of the Course Invoice to the Company and at the Company’s discretion may not rejoin the course.

19.2.3 The Client may substitute delegates at any time upon notification in writing to the Company subject to any new delegate complying with the requirements for the course as notified by the Company to the Client.

19.2.4 Where a Client wishes to change the date of attendance, re-schedule attendance a particular course the Company will issue a Supplementary Fee Invoice, which will be an additional charge based on a percentage of the original invoice or another sum based upon the detail at 19.2.1 above.

With Consent the Company may assign or sub-contract the whole or any part of the Contract to any person, firm or company.

The Company warrants that it will use best endeavours to ensure that all software introduced to the Clients machines will be free of computer viruses, including but not limited to “Time Bombs”, “Logic Bombs” and has undergone virus checking procedures in line with current best practices. Notwithstanding these best endeavours the Company will not accept liability for any damage to any equipment of the Client any third party that has been caused by a virus introduced as a result of software loaded by or via the Company.

22. Data Protection

22.1 Basic information on data processing and legal bases

a. The following provisions will inform you about the type, scope and purpose of the processing of personal data within our course offering. The customer agrees to the processing of his data, as far as this is within the scope of the purpose of the legal relationship.

b. The terms used, such as "personal data" or their "processing", refer to the definitions in Art. 4 of the General Data Protection Regulation (GDPR).

c. The personal data of customers processed in the course offer includes customer records (e.g. names and addresses), contract data (e.g. services used, names of agents, payment information), usage data (e.g. interest in our products) and content data.

d. We process personal data of customers only in compliance with the relevant data protection regulations. This means that customer data will only be processed only if a legal permission has been obtained. In particular, if the data is processed for the fulfilment of our contractual services (e.g. processing of orders), or is required by law. In addition, customer data will be processed if the user has given his or her consent, or on the basis of our legitimate interests (i.e. interest in the analysis, optimisation and economic operation and security of our course offering within the context of Art. 6 (1) (f). GDPR).

e. We point out that the legal basis of the consent is Art. 6 (1)(a) and Art. 7 GDPR, the legal basis for the processing for the fulfilment of our services and implementation of contractual measures is Art. 6 (1)(b) GDPR, the legal basis for processing to fulfil our legal obligations is Art. 6 (1)(c) GDPR and the legal basis for processing to protect our legitimate interests is Art. 6 (1)(f) GDPR.

22.2 Safety precautions

a. We take organisational, contractual and technical security measures seriously, in accordance with current technical capabilities. This is to ensure that the regulations of data protection laws are observed, and thus protect the data processed against accidental or intentional manipulation, loss, destruction, or access by any unauthorised persons

22.3 Transfer of personal data to third parties

a. Data will only be passed on to third parties within the framework of legal requirements. We only pass on user data to third parties if, for example, this is necessary for contractual purposes on the basis of Art. 6 (1)(b) GDPR or on the basis of legitimate interests pursuant to Art. 6 (1)(f) GDPR on economic and effective business operations.

b. If we use subcontractors to provide our services, we take appropriate legal precautions, technical and organisational measures to ensure the protection of personal data in accordance with legal regulations.

c. If tools or other means from external providers (hereinafter jointly referred to as "third providers") are used within the scope of this data protection declaration, and their named registered office is in a third country, it is to be assumed that data is transferred to the country in which the third provider has their registered office. Third countries are considered to be where GDPR is not directly applicable, i.e. in principle countries outside of the EU or the European Economic Area. Should data be transferred to a third country or an international organisation, it will be ensured before the transfer of the data that suitable guarantees in accordance with Art. 44 et seq. of the DSGVO are available for the recipient.

22.4 Performance of contractual services

a. We process customer records (e.g. names and addresses as well as contact data of users), contract data (e.g. services used, names of contact persons, payment information) for the purpose of fulfilling our contractual obligations and services pursuant to Art. 6 (1)(b) GDPR.

b. Users can opt to create their own user account, in particular for viewing their orders. During the registration process, the required information will be communicated to the user. The user accounts are not made public and cannot be indexed by search engines. If user terminate their account, their data will be deleted, subject to storage for commercial or tax reasons according to Art. 6 (1)(c) GDPR. It is the user’s responsibility to save their data, before the end of the contract, if they have given notice of termination. We are entitled to irretrievably delete all user data stored during the term of the contract.

22.5 Establishing contact

a. When contacting us (via contact forms or e-mail), the user's details are processed for conducting the enquiry request and its handling in accordance with Art. 6 (1)(b) GDPR.

b. User information can be stored in our Customer Relationship Management System ("CRM System").

c. We use an internal CRM system, developed by Fast Lane Institute for Knowledge Transfer GmbH, based on our legitimate interests, such as an efficient customer management.

22.6 Rights of users

a. Users have the right, upon request and free of charge, to receive information about the personal data that we have stored about them.

b. In addition, users have the right to correct inaccurate data, to limit the processing and deletion of their personal data, if applicable, to assert their rights to data portability and, in the event of the assumption of unlawful data processing, to file a complaint with the competent supervisory authority.

c. Likewise, users can revoke consent at any time.

22.7 Deletion of data

a. The data stored by us will be deleted as soon as it is no longer required for its intended purpose and there are no legal obligations to keep it in safekeeping. If the user's data is not deleted because it is necessary for legally permissible purposes, their processing is restricted. This means that the data is blocked and not processed for other purposes. This applies, for example, to user data that must be retained for commercial or tax reasons.

b. In accordance with statutory requirements, the records are kept for 6 years in accordance with § 257 (1) HGB (trading books, inventories, opening balance sheets, annual financial statements, commercial letters, accounting documents, etc.) and for 10 years in accordance with § 147 (1) AO (books, records, management reports, accounting documents, commercial and business letters, documents relevant for taxation, etc.)

22.8 Right of objection

Users can object to any future processing of their personal data in accordance with legal requirements at any time. The objection may be lodged against any processing for direct marketing purposes.

Do you have any questions regarding our data protection policy? You can contact our GDPR team: gdpr@flane.co.uk.

23. Proper Law

The Contract shall in all respects be governed by English Law and shall be deemed to have been made in England and the Client and the Company agree to submit to the non-exclusive jurisdiction of the English Courts.