Terms & Conditions

Terms and Conditions for the purchase of PWI goods and services

These terms and conditions, together with your order, form the contract through which the Permanent Way Institution (PWI, we or us) will supply goods or services to you. On placing your order, you are agreeing to these terms and conditions and agree to us processing your personal information in accordance with the General Data Protection Regulation 2018 and our Privacy Policy.

These terms of sale explain who we are, how our goods will be provided to you, how you or we may change, cancel, or otherwise end the contract, what to do in the event of problems, and other important information.

The term ‘Permanent Way Institution’ or ‘PWI’ or ‘us’ or ‘we’ or ‘our’ refers to the owner of the website whose registered office is 46-54 High Street, Ingatestone, Essex, United Kingdom, CM4 9DW. The term ‘you’ refers to the user or viewer of our website.

Defined Terms

In these terms and conditions:

“Order” means an order placed by you in accordance with these terms and conditions;
“Order Confirmation” means the order confirmation issued by us to you indicating acceptance of your Order;
“Goods” means any product listed on the PWI website which we agree to supply to you on these terms and conditions;
“Services” 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.

Business customers

These terms and conditions also apply to customers buying Goods and Services in the course of business.

Goods, descriptions, and changes

We make all reasonable efforts to ensure that all descriptions and images of Goods available from the Permanent Way Institution match the actual Goods. This does not exclude our responsibility for mistakes due to our negligence. It refers only to minor variations in the correct Goods, not to different Goods. If you receive Goods that are not as described, please refer to Returns.

Prices, delivery charges and VAT

We make all reasonable efforts to ensure that prices shown on website are correct. We may change prices from time to time. Changes in price will not affect any order that you have already placed.

If we have shown incorrect pricing information, we will inform you of the mistake in writing. If the correct price is lower than that shown when you make your order, we will simply charge you the lower price. If the correct price is higher than that shown when you make your order, we will give you the option to purchase the Goods at the correct price or to cancel your order (or the affected part of it). We will not proceed with processing your order in this case until you respond. If you do not respond within 7 days, we will treat your order as cancelled and inform you of the cancellation in writing.

Delivery charges are payable in addition to the prices shown for individual products. Delivery charges are calculated at £6 per item for UK Customers and £12 per item for the rest of the world.

Where VAT is applicable, this will be added to the price. VAT is chargeable on electronic books, training courses, application fees and non-member seminar tickets.

Placing an order

Orders can be made via the PWI website or by contacting our Membership Team. By placing an Order, you make an offer to us to purchase the Goods or Services you have selected on these terms and conditions.

Our website will guide you through the ordering process. Where any information is required, it will be stated on website, either in the product descriptions or during the order process, as applicable. Before submitting your Order, you will be given the opportunity to review and amend it. Please ensure that you check your Order carefully before submitting it. If you provide us with incorrect or incomplete information during the order process, please contact us as soon as possible.

If we cannot process your Order due to incorrect or incomplete information, we will contact you to ask you to correct it or provide the missing information required for us to supply the Goods to you. If you do not provide the required information within a reasonable period of us asking for it, or if the information is inaccurate or incomplete, we may cancel the Order. We will not be responsible for supplying the affected Goods late or for not supplying the affected Goods if this is due to you not providing us with the required information within a reasonable period of us asking for it.

If we accept your Order, we will notify you of our acceptance by issuing an Order Confirmation. We will provide your Order Confirmation to you by email. In the unlikely event that we cannot accept your Order, we will contact you by email or by telephone and explain why. No payment will be taken under normal circumstances. If we have taken payment, any such sums will be refunded.

Paying for your Goods and Services

Payment for goods and services can be made by credit or debit card, or where your company has completed our approval process, by purchase order. Payment must always be made in advance. You will be prompted to provide payment details during the ordering process.

Cancelling your order

Seminars
Cancellations for seminar bookings made 28 days or more before the date of the technical seminar will be refunded in full. Cancellations made after that date will be charged in full, although substitute attendees can be made at any time.

Application Fees
If you change your mind within 14 days following the payment of an application fee for professional registration, you will be entitled to a refund providing no part of your application has been received and acknowledged by us.

Delivery of products

We will deliver your products to the delivery address provided, and failing that, the billing address for your payment card.

We will use our reasonable endeavours to deliver your products to you within 14 days of the date of issue of your Order Confirmation for UK orders and 30 days for overseas orders, unless otherwise agreed or specified during the ordering process. We will not be responsible for delays that are outside of our reasonable control. If delivery is delayed for such a reason, we will inform you as soon as possible and will take steps to minimise the impact of the delay.

If we are unable to deliver your products to you within these time frames, you will have the option to cancel your order and will be refunded any sums paid for products that you have not received.

Except to the extent that your products comprise digital goods, title to and risk in your products will pass to you on delivery.

Import Taxes and Customs

If Goods are being ordered from outside the UK, import duties, handling fees and taxes may be incurred once your Goods reach their destination. The Permanent Way Institution is not responsible for these charges and we undertake to make no calculations or estimates in this regard. If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures.

As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported. The Permanent Way Institution will not be liable for packages refused or held by customs.

Please be aware that Goods may be inspected on arrival at port for customs purposes and the Permanent Way Institution cannot guarantee that the packaging of your Goods will be free of signs of tampering.

If your order is returned to us due to a refusal to pay customs fees, refusal to accept the order or because no one was there to accept delivery of your order or because of a wrong address, you will be refunded the total amount of the order, minus the shipping charge, 10% of the value of the order as a processing fee, and any other fees that are incurred by the Permanent Way Institution during shipping including but not limited to warehousing fees and return postage/courier fees. If the cost to return the product to us is larger than the cost of the refund due, we will abandon the shipment and there will be no credit for the order.

Return of products

If you are not satisfied with any product you have purchased from us, you may return the product to us, providing you contact us within 30 days of delivery of the product to you. Products must be returned in their original condition with all packaging and documentation. Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods. This right to return does not apply to Digital Products, however, you can ask for a digital product to be repaired or replaced.

If, between 30 days and the first six months of delivery of the product to you, you believe that the product is not of satisfactory quality and/or is not fit for purpose and/or is not as described then you should notify us and provide us with the opportunity to repair or replace the product or digital product. If an attempt to repair or replace the product or digital product has failed, you have the right to a full refund or an appropriate price reduction if you wish to keep the product or digital product.

If you receive Goods which do not match those that you ordered, you should contact us within 10 days to arrange collection and return. You will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used by you when purchasing the Goods. Refunds and replacements will be issued upon our receipt of the returned Goods.

If Goods are damaged in transit and the damage is apparent on delivery, you should sign the delivery note to the effect that the goods have been damaged and take photos of the damage. You should report such damage to the Permanent Way Institution within 7 days and arrange collection and return. Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.

In order to exercise your option to return or reject a product for any of the above reasons, you must telephone our Membership Team or email secretary@thepwi.org to make arrangements for return of the product. We will send you written authorisation.

We will only refund postage and packaging costs if the return is a result of our error.

Refunds

All refunds due to you will be made using the same method used by you when paying for the Goods and Services. We will issue your refund as soon as possible and within 14 days of the day on which we receive the returned Goods or, if we have not yet provided an Order Confirmation or have not yet dispatched the Goods, the day on which you inform us that you wish to cancel and end the Contract.

Our Liability

If you are a Consumer, nothing in the Contract shall limit or exclude our liability for breach of any term implied by statute. 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 Goods and performance of the Services;
• there are no warranties, conditions or other terms that are binding on us except as expressly stated in the Contract; and
• any warranty, condition or other term concerning the Goods 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.

Subject to the above, 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. 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 Good(s) in question.

Miscellaneous Provisions

Neither our failure or 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. The invalidity or unenforceability of any provision of the Contract shall not adversely affect the validity or enforceability of the remaining provisions.

Governing Law and Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the laws of England; any dispute arising out of or in connection with this Contract will be subject to and within the jurisdiction of the courts of England.

Contact us

To contact us about your order, general comments or complaints please contact our Membership team:

A: PWI Central, PO Box 12890, Brentwood, CM14 9RY
T: +44 (0) 300 373 6000
E: secretary@thepwi.org

The PWI aims to serve all its customers effectively and fairly and feedback is important. We will respond to any query or complaint received within three working days. This may be an acknowledgement that we have received a complaint whilst further investigations are carried out.

The PWI reserves the right to amend these terms and conditions at any time.