Terms & Conditions of Sale

Generally

By purchasing our products and/or services through our e-shop you agree to be bound by these Terms and Conditions of Sale ("Conditions").  If you do not accept these Conditions then you should not complete your transaction and exit this site immediately.

Beckwith Mediation (BM) provides alternative dispute resolution, construction project management, quantity surveying, contract administration and related legal and contractual services (including dispute avoidance and resolution).  BM does not provide reserved legal services for which activities a Solicitor and/or a Barrister may be engaged.  All enquiries and appointments are subject to contract.

These Conditions are in addition to the Terms and Conditions of Use of our website and your attention is specifically drawn to these.

Placing your Order

An Order is placed by:
  1. Adding one or more product or service items to the on-line shopping basket;
  2. Completing the Billing Information;
  3. Selecting a Payment Mode;
  4. Verifying and Confirming your Order;
  5. Proceeding to Payment:
  • By Credit Card or by PayPal; or
  • If paying by Cheque, issuing it in accordance with the instructions provided.

Contract Creation and Electronic Contracting

A contract is created between You and BM only once payment has been received.
  1. For Credit Card/PayPal payments this means once funds are credited to our account;
  2. For payment by Cheque this means once the cheque has cleared and funds have been credited to our account.
Notwithstanding the above provisions:
  1. If the payment made is in respect of a Mediation Hearing then the payment shall remain subject to contract until such time as all Parties have signed the Mediation Agreement;
  2. If the payment made is in respect of a contract for services then the payment shall remain subject to contract until such time as You and BM have executed a written consultancy agreement or have exchanged letters evidencing the contract.
In either case, the payment shall be non-refundable in the event that the Mediation Agreement or contract, as the may be, is not executed.  In the event that payment is not received in full or at all then interest may be charged at 8% per annum on any or all balances outstanding until full payment is made together with charges under the Late Payment of Commercial Debts (Interest) Act.

We reserve the right to refuse to accept your Order on any or all of the following grounds:
  1. The Product or Service you have ordered is no longer available or is unable to be provided;
  2. We are unable to obtain payment from you;
  3. Any other basis as set out in these Conditions.
The contract will be concluded in English.

Contract Cancellation under the Distance Selling Regulations

If you are a consumer, as defined by the Consumer Protection (Distance Selling) Regulations 2000 then you have additional rights.  You are entitled to cancel the contract if you wish to do so provided that you exercise your rights and notify us no more than 7 working days after the day on which the contract was concluded.

Refunds

If you no longer wish to receive any or any particular Product or Service from us and provided that we have not provided such Product or commenced the Service then, subject to any later Mediation Agreement or Consultancy Agreement governing fees, we will process a full refund on your application in writing.

Description of Products and Services

Each product purchase or Service provided is sold subject to its description on this web site.  The description sets out any additional specific Conditions related to that Product or Service including, without limitation, terms and conditions concerning services, warranties, limitations and guarantees, which are hereby incorporated into these Conditions.

We will take reasonable care to ensure that all details, descriptions and prices of Products and/or Services appearing on the website are correct at the time when the relevant information was entered onto the system.  Although we aim to keep the website as up to date as possible, the information including Product and/or Service descriptions appearing on this webiste a particular time may not always reflect the position exactly at the moment you place an Order.

If you are in any doubt as to the details of the Product or Service you require you should make specific enquiry concerning the nature of the Products or Services and their suitability for the use to which they will be put.

Limitation of Liability

The information provided in any Product or Service description is provided in good faith and BM believes it to be accurate.

Unless stated otherwise, all Products and Services are supplied without warranty, condition or other term as to the quality or suitability for any particular purpose.  Legislation may confer rights and remedies upon you which cannot be excluded, restricted or modified ("non-excludable rights").  BM does not exlude any non-excludable rights but does exclude all other conditions and warranties implied by custom, law or statute.  Except as provided for by non-excludable rights:
  1. All Products and Services (including but not limited to software and software related products and services) are provided "as-is" and without warranties of any kind, express or implied;
  2. BM and any related entities, associates and suppliers expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a a particular purpose.
BM will not be liable in contract, tort (including, without limitation, negligence) for pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise arising out of or in connection with the Conditions for:
  • any economic losses (including without limitation loss of revenues, profits, contracts or business or anticipated savings, damages, awards, etc); or
  • any loss of goodwill or reputation; or
  • any special or indirect lossessuffered or incurred by that party arising out of or in connection with the provision of any matter under the Conditions.

Nothing in these Conditions shall exclude or limit our liability for death or personal injury resulting from negligence or that of our servants, agents or employees.

Severance

If any part of these Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability ofanyt of the remaining provisions of these Conditions.

Waiver

No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

Survival

Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

Entire Agreement

Subject to the specific arrangements provided herein, these Conditions govern our relationship with you.  Any change to these Conditions must be in writing and signed by both parties.  You confirm that, in agreeing to accept the Conditions, you have not relied upon any representation save insofar as the same has expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation.  Your Statutory Rights are not affected by these Conditions.  Nothing in this clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.

Law

The Conditions shall be governed by and construed in accordance with English law and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.

Contacting Us

For any queries regarding our services, please contact us using the facility provided on the website.  Alternatively we can be contacted at:

Beckwith Mediation
71-75 Shelton Street, London WC2H 9JQ

BM will record your email address if you send a message to us.  It may be used for the purposes for which you have provided it and may be added to a mailing list (including the mailing lists of related entities).  We will not use your email address for any other purpose and we will not disclose it to any third party without your consent.  If you do not wish your email address to be used in this way please notify us and we will ensure thsat your email address is removed from our system.  You should note that there are risks associated with the transmission of information over the internet.

Last updated: November 2016