Legal Notices

Standard Terms and Conditions of Trading

  

Updated 2 March 2007

  1. The term 'BPUG' shall mean Best Practice User Group Ltd. Registered Office Address: Sykes Dalby & Truelove, Bank Chambers, 5 Green Lane, Blackwater, CAMBERLEY, GU17 9DG. Company registered in England, No. 5454296.
  2. All orders placed with BPUG for books, software, other goods, membership or services (including conference fees) are subject to these terms and conditions, which may not be altered without written agreement prior to the acceptance by BPUG of any such order. In the event of any term being found void all other terms shall remain valid. No other terms shall be implied by this agreement or attached hereto.
  3. All goods supplied by BPUG remain the property of BPUG until paid for in full. They may not be used, passed on or resold by the customer until payment has been made and must be kept separately from all other goods, marked as the property of BPUG and not disposed of or passed on until ownership passes to the customer.
  4. Payment for goods is generally required in full before goods are despatched. Where credit terms are agreed, the customer must pay within 30 days of delivery. If the credit period is exceeded, BPUG shall be entitled to charge interest on the outstanding sum from the due date of payment to the actual date of payment at the rate of 5% above Bank of Scotland Base Rate in force at the time plus a fixed charge of £50 to cover the costs of administration. This does not affect BPUG's right to recover goods in accordance with clause 3.
  5. Goods, once supplied, are not returnable except in accordance with BPUG's legal duties under the Sale of Goods Act and other such legislation.
  6. Membership does not commence until the appropriate membership fee has been received in full. Renewal fees must be paid within 30 days of the start of the membership year or membership will automatically lapse. Any lapsed member rejoining within one year will be charged the full year's membership.
  7. Where membership is for a Corporate body, such membership of BPUG is granted to the organisation named in the membership application and not to the individual who completed the form, regardless of who paid. Where voting rights are conferred, one vote is granted per member organisation and the organisation must decide who has the right to exercise that vote. Membership may not be transferred from one organisation to another. Individuals named by an organisation on the BPUG database must be employees of the member organisation or consultants or contractors working for that organisation under a contract for services. BPUG reserves the right to remove from the database and to deny access to membership benefits any person who it believes does not meet these criteria. The member organisation remains responsible for any costs incurred by any person named on the database or accessing membership benefits even if they do not meet the criteria stated.
  8. Fees for attending any event (such as for additional places) must be paid in full before attendance at the event. Attendance may be denied to any person who has not paid such fees or who has any other charges overdue. Additional charges incurred by a member in relation to an event must be paid by them before leaving the venue and if BPUG pays such charges on behalf of the delegate it will charge them onto the delegate plus a fixed fee of £50 to cover the additional administration and costs incurred.
  9. Where a customer owes money to BPUG as the result of two or more orders (whether for goods, services, membership fees, charges, interest due or any other reason) BPUG may opt to treat some or all amounts collectively as if they are part of the same contract and offset any payment received against any outstanding amount. In the event that BPUG owes the customer money for any reason, such money may be instead retained by BPUG and used against outstanding payments due.
  10. Distance Selling Regulations:  Where these regulations apply:
    • purchasers of goods have seven working days from the date of receipt of those goods to change their minds. In this case, the purchaser must take reasonable care of the goods and the goods must be returned at the purchaser's expense in good order for a refund to be applied. Any refund will be applied using the same method as payment.
    • charges quoted on this web site may change at any time and the charge to be applied will be the charge shown at the time that the order was sent.
    • delivery of goods will be made by our choice of carrier and this may require that the purchaser provides a signature upon receipt.
    • we will try to fulfil orders as soon as is practicable and within 30 days of your order. If we cannot do so, we will inform you and give you a refund within 60 days of your order of any money already paid, using the same method as used for payment. You may, instead, agree an extended period for fulfilment of the order.
    • your statutory rights are not affected by any of these terms.
  11. It is not intended that any contract arising is to confer benefits on any third parties and the Contracts (Rights of Third Parties) Act 1999 shall not apply.
  12. Where a service is provided on the BPUG web site, such as (but not limited to) the Product Review System, use of that service is subject to separate terms and conditions as notified on the registration or initial entry page. Any such terms and conditions apply in addition to those stated herein and do not substitute for them. In the event that any term or condition applied to a service contradicts these terms, the terms herein will override. Use of any service is deemed to imply acceptance of all terms and conditions applicable.

Introduction to the Structure of Best Practice User Group™


Best Practice User Group Ltd is a company limited by guarantee. Corporate status requires that ownership and management are separately identified. The owners of the company are its Members and the managers of the company are its Directors. This is similar to a company limited by shares, but with Members instead of shareholders. Appointments of Directors are confirmed by the Members at an Annual General Meeting. Members do not buy shares but, instead, pledge a guarantee of £1, which they might be called upon to provide in the event that the company failed. That is the limit to a Member's liability. Directors are subject to the same rules as Directors of other companies - and current laws allow for unlimited liability under certain prescribed circumstances (mainly associated with fraudulent trading, or trading when insolvent). Members who wish to take part in the management of Best Practice User Group should make their wishes known to the Company Secretary so that their election can be properly put to the members at a subsequent AGM. Volunteers are always welcome.


Legal Objects


The legal objects of the company form part of the Memorandum and Articles of Association. These can be downloaded from the resources area of the web site by members of BPUG.