Updated 17 October 2020
1 Terms and conditions
The following terms and conditions apply to use of the IMCA online store and the logbooks and guidance and other materials and documents (collectively “Products”) published by IMCA.
1.1 These are the terms and conditions on which we supply Products to you.
2 Information about us and how to contact us
2.1 We are the International Marine Contractors Association (“IMCA”) which conducts business through IMCA Trading Ltd registered in England and Wales with company number 07169292, registered address Third Floor, 24 Chiswell Street, London EC1Y 4YX. Our registered VAT number is GB 262 7056 07.
2.2 You can contact us by calling +44 (0) 20 7824 5520, by email to firstname.lastname@example.org or by writing to us at IMCA Trading Ltd, 52 Grosvenor Gardens, London SW1W 0AU, UK.
3 Our contract with you
3.1 Our acceptance of your order will take place when we send you a confirmation of your order by email, at which point a contract will come into existence between you and us.
3.2 If we are unable to accept your order, we will inform you of this and will not charge you for the Product.
3.3 We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
4 Providing the Products
4.1 The costs of delivery will be as displayed at the point of ordering.
4.2 The Products will normally be dispatched within 5 days of your order confirmation and you should receive the Products within 14 days of them being dispatched, although please contact us if you have not received the Products within 21 days of your order confirmation.
4.3 For the avoidance of doubt any delays caused by and/or attributable to any third party delivery and courier services are outside of our control and as such we will not be liable for delays caused by such services and we are not able to take steps to minimise the effect of the delay.
You are responsible for the payment of any customs duties or other import or export charges that are required as part of the delivery of any Products to you. IMCA is not responsible for any delays in delivery of Products to you that are caused by the customs clearance process.
4.4 You will own the Products as soon as you pay for them and they will be your responsibility from the time they are delivered to your address.
4.5 We may have to suspend the supply of a Product to:
(a) deal with technical problems or make minor technical changes;
(b) update the Product to reflect changes in relevant laws and regulatory requirements; and/or
(c) if there are any problems with our supply chain.
5 Your rights to end the contract
5.1 You can always end your contract by contacting us in accordance with clause 2.2. For most Products bought online you have a legal right to change your mind within 14 days and receive a refund, however please see clause 6.2.
5.2 Even if we are not at fault and you do not have a right to change your mind, you can still end the contract before it is completed. If you want to end the contract in these circumstances, just contact us in accordance with clause 2.2 to let us know. We will refund any advance payment you have made for Products which will not be provided to you, however please also see clause 6.2.
6 Returning physical Products/refunds
6.1 If you end the contract for any reason after the Products have been dispatched to you or you have received them, you must return them to us at the address set out in clause 2.2. IMCA should be notified by email within 7 days of the Product being delivered. If you are exercising your right to change your mind you must return the goods within 14 days of telling us that you wish to end the contract, using a trackable service. Tracking information should be communicated to IMCA by email within 7 days of the initial notification to return the goods.
6.2 We will pay the costs of return:
(a) if the Products are faulty (including damage in transit) or misdescribed; and/or
(b) if you are ending the contract because of an error in pricing or description or a delay in delivery due to events outside our control.
However, in all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
6.3 If we are paying the costs of return, we will refund you the payment price you paid for the Products including delivery costs, by the method you used for payment. However, we may make deductions from the payment price, as described below.
6.4 If you are exercising your right to change your mind we may reduce your refund of the price (excluding delivery costs) 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. To summarise, all returned goods should be in resalable condition.
6.5 We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind, then your refund will be made within 14 days from the day on which we receive the Product back from you.
6.6 Exchange of goods may be accepted at IMCA’s discretion but will be subject to retuned goods being in resalable condition and both return and delivery paid by you. IMCA should be notified of the intention to exchange goods received within 7 days of delivery, via email.
7 Digital Products
7.1 There is no cooling off period for digital Products (guidance documents, technical reports and other unspecified downloadable publications), which are delivered immediately online, with no right of refund.
8 Our rights to end the contract
8.1 We may end the contract for a Product at any time by writing to you if: (i) your payment does not properly go through and/or (ii) we have insufficient stock of the Products.
8.2 The UK Consumer Rights Act 2015 says that goods must be as described, fit for purpose and of satisfactory quality. If you have any questions or complaints about the Product, please contact us in accordance with clause 2.2.
9 Price and payment
9.1 The price of the Product will be the price indicated on the order pages when you placed your order (VAT will be added where necessary).
10.1 Our liability to you shall not exceed the payment price of the Products. If no price is paid for the Products our liability to you shall not exceed GBP 10.
10.2 You remain solely responsible for the safe, lawful and proper conduct of any activities you carry out in reliance on Products you purchase from us. We will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
10.3 Any reliance you place on the information contained within the Products is strictly at your own risk. IMCA will have no liability in respect of any information contained within the Products whether accurate or not, and will have no liability for any loss or damage arising out of the use or misuse of any Products.
10.4 If your use of the Products gives rise or contributes to a claim against IMCA then you shall indemnify IMCA against all costs, liabilities, damages and expenses for which IMCA may be liable as a result of such claim.
11 These terms and conditions and any non-contractual obligations arising from or in connection with them shall in all respects be construed and take effect in accordance with English law. The courts of England and Wales will have exclusive jurisdiction in relation to any dispute: (a) arising from or in connection with these terms; or (b) relating to any non-contractual obligations arising from or in connection with these terms and conditions.
Supplementary terms and conditions
Particular services may be subject to additional terms, including:
- Membership – In submitting an application for membership via this website, you, on behalf of the applicant company, must accept the relevant terms and conditions. These are set out in IMCA’s consitution documents which consist of the Articles of Association and Bye-laws.
- Events – any terms in relation to eligibility to participate, payment and cancellation are provided in the promotional and booking documentation for relevant IMCA seminars and workshops.
- Publications – terms in relation to ordering logbooks, other printed materials, downloaded or emailed content are provided in our Terms and conditions for the online sale of logbooks and guidance documents.
- Accreditation and Certification – applicants must accept the terms and conditions of the role applied for.
- Continuing Professional Development
- users must accept the terms and conditions of the Diving CPD App