Terms & conditions
HEADSTART LANGUAGES LIMITED
Our Products include any physical items that you purchase from us that are physically delivered to you via post, inclusive of teaching resources, activities, books, toys and rewards.
Our Digital Content includes any virtual materials, downloadable information or other digital content that you are given access to via our online portal on our site (Members Portal) when you purchase one of our subscriptions. The subscriptions we offer include: the School Subscription, the Nursery Subscription or the Cam@Home Subscription which shall each be referred to as a Subscription within these terms.
You may purchase Products alone or you may purchase a Subscription which may include both Products and Digital Content.These Terms will apply to any contract between us for the sale of Products and/or a Subscription to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products and/or a Subscription from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products and/or a Subscription from our site.
By proceeding to purchase Products and/or a Subscription from us you acknowledge that you will have an obligation to pay for such Products and/or Subscription. We recommend that you print a copy of these Terms or save them to your computer for future reference.
As we sell to individuals as well as schools and nurseries, certain parts of our terms and conditions only apply if you are a consumer (i.e. if you are an individual and are not buying the Products and/or a Subscription for business purposes). These sections which only apply to consumers are clearly marked in these Terms.
We amend these Terms from time to time as set out in clause 19. Every time you wish to order Products and/or a Subscription, please check these Terms to ensure you understand the terms which will apply at that time. These Terms, and any Contract between us, are only in the English language.
1. INFORMATION ABOUT US
1.1 We are Headstart Languages Limited, a company registered in England and Wales under company number 06787408 and with our registered office at Dunraven, Clifford Road, Boston Spa, Wetherby, Leeds, West Yorkshire, LS23 6DB. Our VAT number is 6787408. We operate our site www.headstartlanguages.co.uk which will also host access to our Members Portal.
1.2 Contacting us if you are a consumer:
(a) To cancel a Contract in accordance with your legal right to do so as set out in clause 8, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form on our website. A link to the website cancellation form will be included in our Dispatch Confirmation. If you use this method we will e-mail you to confirm we have received your cancellation. You can also e-mail us at firstname.lastname@example.org or by post to Dunraven, Clifford Road, Boston Spa, Wetherby, Leeds, West Yorkshire, LS23 6DB. If you are emailing us or writing to us please include details of your order (including your order number) to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.
(b) If you wish to contact us for any other reason, including because you have any complaints, you can contact us by e-mailing us at email@example.com.
(c) If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
1.3 Contacting us if you are a business or school. You may contact us by telephoning us on 07725813321or by e-mailing us at firstname.lastname@example.org. If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 21.3.
2. OUR PRODUCTS AND SUBSCRIPTIONS
2.1 We aim to provide accurate and detailed descriptions of the Products / Subscriptions however the Products / Subscriptions may vary slightly from those descriptions on our site. The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. We reserve the right to change Product / Subscriptions descriptions at any time without notice.
2.2 The packaging of the Products may vary from that shown on images on our site.
2.3 If a Product or any Subscription is displayed with a price of £0.00 this denotes that it is currently being added to the catalogue and is unavailable for purchase until a price is displayed. We occasionally have promotional items on the site and, where this is the case, such items will be clearly marked.
2.4 Our Products include physical products that can be purchased by you and then are delivered to you.
2.5 Our Subscriptions can be purchased by you and involve you paying an ongoing fee to be given access to specific Digital Content through our online Members Portal. As part of such Subscription you will also be sent specific Products. We shall update the Digital Content from time to time. Our subscriptions include:
(a) School Subscription – Each School Subscription is available on a 12 month rolling Contract, so that the Contract will commence on the day that we accept your order and will continue for a period of 12 months or (if earlier) until the Contract is ended in accordance with these Terms. Upon expiration of this first 12 months, the Contract shall automatically renew for additional successive 12 month terms unless you provide us written notice of non-renewal at least 30 days prior to the end of the then-current term or unless sooner terminated by you as permitted by these Terms. If the Contract term is renewed pursuant to this clause, the terms of any renewal shall be these Terms subject to any change in any Price payable hereunder by you as set forth in clause 13.3;
(b) Nursery Subscription – Each Nursery Subscription is available on a 12 month rolling Contract, so that the Contract will commence on the day that we accept your order and will continue for a period of 12 months or (if earlier) until the Contract is ended in accordance with these Terms. Upon expiration of this first 12 months, the Contract shall automatically renew for additional successive 12 month terms unless you provide us written notice of non-renewal at least 30 days prior to the end of the then-current term or unless sooner terminated by you as permitted by these Terms. If the Contract term is renewed pursuant to this clause, these terms of any renewal shall be these Terms subject to any change in any Price payable hereunder by you as set forth in clause 13.3
(c) Cam@Home Subscription – Each Cam@Home Subscription is available on a 12 month rolling Contract, so that the Contract will commence on the day that we accept your order and will continue for a period of 12 months or (if earlier) until the Contract is ended in accordance with these Terms. Upon expiration of this first 12 months, the Contract shall automatically renew for additional successive 12 month terms unless you provide us written notice of non-renewal at least 30 days prior to the end of the then-current term or unless sooner terminated by you as permitted by these Terms. If the Contract term is renewed pursuant to this clause, the terms of any renewal shall be these Terms subject to any change in any Price payable hereunder by you as set forth in clause 13.3
further details surrounding each of the above subscriptions are contained below in these Terms.
2.6 Please note that whilst we will use reasonable endeavours to ensure that our site and the Members Portal remain accessible and available to our customers at all times, we cannot give any guarantee in that regard.
3. COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS
3.1 All intellectual property rights in or arising out of or in connection with our site, the Products, the Subscriptions and any Digital Content shall be owned by Headstart Languages Limited. All images and materials displayed on our site (Works) and any content within the Digital Content are the copyright of Headstart Languages Limited. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. For the purposes of this clause, intellectual property rights shall mean patents, copyright and related rights, moral rights, trade marks, business names and domain names, rights in get-up,, goodwill and the right to sue for passing off, rights in designs, [rights in computer software,] database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
3.2 You may not download, upload, copy, reproduce, sell, republish, post, distribute or transmit the Works without our prior written consent. However, if you are a consumer who wishes to use the Works for your personal, non-commercial use then you may download one copy of the Works onto a single computer or print off one copy.
3.3 You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
3.4 If you purchase a Subscription from us, we shall grant to you a fully paid-up, worldwide, non-exclusive, royalty-free licence during the term of the Contract to use the Digital Content for the purpose of receiving and using the Subscription. In order to be granted this licence, you must comply and procure that any of your permitted users comply with our End User Licence Agreement (EULA) which you (and your permitted users if applicable) will be required to agree to prior to being given access to any Digital Content. Our EULA can also be found at [Link here].
3.6 The trade marks ‘LEARNING FRENCH WITH CAMEMBEAR’ are registered trade marks owned by Headstart Languages Limited. They may not be used in any way without our prior written consent.
4. HOW WE USE YOUR PERSONAL INFORMATION
5. IF YOU ARE A CONSUMER
This clause 5 only applies if you are a consumer.
5.1 If you are a consumer, you may only purchase Products and/or a Subscription from our site if you are at least 18 years old.
6. IF YOU ARE A SCHOOL OR BUSINESS
This clause 6 only applies if you are a school or business customer.
6.1 You confirm that you have authority to bind any business on whose behalf you use our site to purchase Products and/or a Subscription.
6.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
7. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
7.1 Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
7.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. If you are paying by credit or debit card we will deduct payment from your card at that point. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 7.3.
7.3 We will confirm our acceptance to you by sending you an e-mail (Confirmation). The Contract between us will only be formed when we send you the Confirmation.
7.4 If we are unable to supply you with a Product and/or Subscription, for example because a Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site as referred to in clause 13.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products and/or a Subscription, we will refund you the full amount including any delivery costs charged as soon as possible.
8. YOUR RIGHT TO END THE CONTRACT OR RIGHT OF RETURN AND REFUND IF YOU ARE A CONSUMER
This clause 8 only applies if you are a consumer.
8.1 If you are a consumer, you can always end your Contract with us, however your rights when you end the Contract will depend on what you have purchased from us, whether there is anything wrong with it, how we are performing and when you decide to end the Contract:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the Contract (or to get a Product repaired or to get some or all of your money back), see clauses 8.2 and 8.3;
(b) If you want to end the Contract because of something we have done or have told you we are going to do, please see clause 8.4;
(c) If you have just changed your mind about your purchase, you may be able to get a refund under the consumer right to cancel, please see clauses 8.5 to 8.7;
(d) In all other cases (if we are not at fault and there is no right to change your mind), please see clause 8.8.
Faulty Products or Digital Content
8.2 If you wish to return any Products to us under this clause 8 because they are faulty or mis-described, you may do so within 30 days of receiving the Product(s) and we will refund the price of the Product(s) in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
8.3 If you receive Digital Content that is not in conformity with the Contract or that is not as described, fit for purpose or not of satisfactory quality, you may be entitled to repair/replacement of the Digital Content or entitled to a refund of part or all of the purchase price of the Digital Content. Please contact us using the details set out at the start of these terms if you receive any Digital Content which you believe is not in conformity with the Contract.
Cancelling the Contract for a Product or Subscription because of something we have done
8.4 If you are ending your Contract for a reason set out at (a) to (d) below the Contract will end immediately and we will refund you in full for any Products or Digital Content which have not been provided. The reasons are:
(a) we have told you about an error in the price or description of any Product or Subscription that you have purchased and you do not wish to proceed;
(b) there is a risk that supply of any Product or Digital Content may be significantly delayed because of events outside our control;
(c) we have suspended supply of a Product or the Digital Content for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 7 days; or
(e) you have a legal right to end the Contract because of something we have done wrong which materially affects the Contract (i.e. late delivery of a Product by more than 5 working days from the estimated delivery date).
Consumer Right to Cancel a Contract for a Product or Subscription
8.5 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 8.3. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.
8.6 However, this cancellation right does not apply to:
(a) any sealed Product, once these Products are unsealed after you receive them your right to cancellation will cease to apply; or
(b) Digital Content which you have already started to download or stream from our Portal, once you have downloaded or streamed such Digital Content your right to cancellation will cease to apply,
for the avoidance of doubt, this means that if you purchase a Subscription and begin to use the Digital Content which you are given access to as part of the Subscription, your cancellation right will cease to exist.
8.7 Your legal right to cancel a Contract starts from the date of the Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:
|End of the cancellation period
|Your Contract is for a single Product (which is not delivered in instalments on separate days).
|The end date is the end of 14 days after the day on which you receive the Product.
Example: if we provide you with a Confirmation on 1 January and you receive the Product on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.
|Your Contract is for either of the following:
- one Product which is delivered in instalments on separate days.
- Multiple Products which are delivered on separate days.
|The end date is 14 days after the day on which you receive the last instalment of the Product or the last of the separate Products ordered.
Example: if we provide you with a Confirmation on 1 January and you receive the first instalment of your Product or the first of your separate Products on 10 January and the last instalment or last separate Product on 15 January you may cancel in respect of all instalments and any or all of the separate Products at any time between 1 January and the end of the day on 29 January.
|Your Contract is for a Subscription:
|The end date is 14 days after the day we email you to confirm that we accept your order, or, if earlier, until you start downloading or streaming the Digital Content you are given access to as part of your Subscription. If we delivered the Digital Content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.
Ending a Contract for a Subscription no reason
8.8 If we are not at fault and you do not have a legal right to cancel, you can still end a Contract for a Subscription before the end of the relevant Contract term (i.e. end of the relevant 12 months), but you may have to pay us compensation. If you want to end a Contract for a Subscription before it is completed where we are not at fault and you have not changed your mind in accordance with your legal right to cancel, just contact us to let us know. The Contract will end immediately and we will refund any sums paid by you for any Product and/or Digital Content not provided as part of your Subscription, but we may deduct from that refund (or, if you have not made an advance payment, charge you) compensation for the net costs we will incur as a result of you ending the Contract.
How to cancel your Contract
8.9 To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form [https://www.headstartlanguages.co.uk/legal/cancellation-form] on our website. A link to the website cancellation form will be included in our Confirmation. If you use this method we will e-mail you to confirm we have received your cancellation. You can also e-mail us at email@example.com or by post to Dunraven, Clifford Road, Boston Spa, Wetherby, Leeds, West Yorkshire, LS23 6DB. If you are e-mailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day.
After you cancel your Contract
8.10 If you cancel your Contract we will:
(a) refund you the price you paid for the Products and/or Subscription. However, please note we are permitted by law to reduce your refund 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. Please see our Delivery and Returns page [https://www.headstartlanguages.co.uk/legal/returns-policy] for information about what handling is acceptable and examples. If we refund you the price paid before we are able to inspect the Products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a Product within 7 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
(c) make any refunds due to you as soon as possible and in any event within 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a Product to us, see clause 8.8;
8.11 If you are entitled to a refund we will refund you through the payment method that you used to pay (i.e. if you paid on a debit or credit card we will refund you on that card).
8.12 If a Product has been delivered to you before you decide to cancel your Contract:
(a) then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. You must send it back to us using Royal Mail or our nominated carrier. Please see our Delivery and Returns page for our returns address and further instructions.
(b) unless the Product is faulty or not as described (in this case, see clause 8.2), you will be responsible for the cost of returning the Product to us.
8.13 Because you are a consumer, we are under a legal duty to supply Products and/or Digital Content that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products and/or Digital Content that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 8 or anything else in these Terms. A summary of your key legal rights is as follows:
| Summary of your key legal rights as a consumer
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If you order a Product or a Subscription containing Products, the Consumer Rights Act 2015 says that any Product must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
a) Up to 30 days: if your Products are faulty, then you can get an immediate refund.
b) Up to six months: if your Products can't be repaired or replaced, then you're entitled to a full refund, in most cases.
c) Up to six years: if your Products do not last a reasonable length of time you may be entitled to some money back.
If you order a Subscription, as this Subscription includes Digital Content the Consumer Rights Act 2015 says any Digital Content must be as described, fit for purpose and of satisfactory quality:
a) If your Digital Content is faulty, you're entitled to a repair or a replacement.
b) If the fault can't be fixed, or if it hasn't been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back
c) If you can show the fault has damaged your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation.
9. YOUR RIGHT OF RETURN AND REFUND IF YOU ARE A SCHOOL OR BUSINESS
This clause 9 only applies if you are a school or business customer.
9.1 If you are a school or business customer, you may only return the Products if they are faulty or not what you ordered. If you wish to return the Products to us because they are faulty or not in accordance with your order then you must notify us by email to firstname.lastname@example.org or by post to Dunraven, Clifford Road, Boston Spa, Wetherby, Leeds, West Yorkshire, LS23 6DB within 3 working days of delivery if the goods are not what you ordered or as soon as possible after you discover the fault. If you are e-mailing us or writing to us please include details of your order to help us to identify it. You must return the Products promptly after notifying us that you intend to do so. On receipt of the Products we will refund the price of the Products in full (subject to clause 9.3), together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
9.3 We may reduce your refund 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. Please see our Delivery and Returns page for information about what handling is acceptable and examples. If we refund you the price paid before we are able to inspect the Products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
10.1 We will contact you when the Products are ready to be despatched. We aim to despatch Products within 14 days of the date of order but during very busy periods it may take slightly longer. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 18 for our responsibilities when this happens.
10.2 Delivery of an order shall be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from that time.
10.3 You own the Products once we have delivered the Products to the address you gave us.
10.4 If you know that you will not able to accept delivery of the goods then we ask you to nominate a person with whom we can leave the Products (e.g. a neighbour) or a place on your property where you are happy for us to leave the Products (e.g. in your shed or at reception of your business premises). If you’ve done this then leaving the Products in that location or with that person will constitute leaving them in your physical possession. It will be at our carrier’s absolute discretion whether they leave the goods in that location or with that person. If they do not, for whatever reason, then we shall have no liability to you and you must rearrange delivery in accordance with clause 10.5.
10.5 If no one is available at your address to take delivery, we will leave you a note that the Products have been returned to our carrier’s premises or the Royal Mail parcel depot, in which case, please contact either the carrier or Royal Mail to collect the parcel or rearrange delivery.
Clause 10.6, clause 10.7 and clause 10.8 only apply if you are a consumer.
10.6 If we miss the 30 day delivery deadline for any Products then you may cancel your order straight away if any of the following apply:
(a) we have refused to deliver the Products;
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
(c) you told us before we accepted your order that delivery within the delivery deadline was essential.
10.7 If you do not wish to cancel your order straight away, or do not have the right to do so under clause 10.6, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your order if we do not meet the new deadline.
10.8 If you do choose to cancel your order for late delivery under clause 10.6 or clause 10.7, you can do so for just some of the Products or all of them. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your order we will refund any sums you have paid to us for the cancelled Products and their delivery.
10.9 If you order a Subscription from us, we will supply the Digital Content to you from the point at which we accept your order for the Subscription until:
(a) the relevant Subscription expires (if applicable); or
(b) until you end the Contract for any reason permitted under these Terms; or
(c) until we end the Contract for any reason permitted under these Terms.
11. NON-DELIVERY OF A PRODUCT
11.1 If your order for a Product is not received within 5 working days of the date on which delivery was estimated to occur then you should notify us by email with your order number. We will note that the order has been delivered late and will contact the courier if appropriate. If the Products were being sent by Royal Mail and you have not received them after 15 WORKING DAYS (i.e. 3 WEEKS) then you must contact your local Royal Mail Sorting Office to report that the Products have not been received before contacting Us. You will then be required to complete a Royal Mail P91 form for us to investigate the non-delivery of the Products.
12. INTERNATIONAL DELIVERY
12.1 We are based in the UK but are happy to deliver overseas. If you wish to place an order and are located outside of the UK then please contact us for information on our delivery charges for international sales.
12.2 If you order Products from our site for delivery to a country other than the UK, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
12.3 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
12.4 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
12.5 If you are an international customer then clause 8 will not apply to you. You may only return Products because they are faulty or incorrect. If you are returning Products then you must notify us by email and ensure that you make a note on the customs note that you are returning goods to the UK. Failure to do so may result in us being charged customs duty. If that occurs we reserve the right to deduct such sum from the refund due to you.
13. PRICE OF PRODUCTS AND/OR SUBSCRIPTION AND DELIVERY CHARGES
13.1 The prices of the Products and the prices of a Subscription will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Products and Subscriptions are correct at the time when the relevant information was entered onto the system. However, please see clause 13.5 for what happens if we discover an error in the price of Product(s) and/or a Subscription that you ordered.
13.2 If you purchase a Subscription from us, payment for the Subscription will be made as follows:
(a) School Subscription – you will pay an annual fee for the Subscription in which the total fee shall become payable at the point at which you purchase the Subscription. You will have the choice to either pay the full annual fee at the point you purchase the Subscription, or to request an invoice for the annual fee (you will be required to provide an email address for the invoice to be sent to)
(b) Nursery Subscription – you will pay an annual fee for the Subscription in which the total fee shall become payable at the point at which you purchase the Subscription. You will have the choice to either pay the full annual fee at the point you purchase the Subscription, or to request an invoice for the annual fee (you will be required to provide an email address for the invoice to be sent to)
(c) Cam@Home Subscription – you will pay an annual fee for the Subscription, if the option is available you may have the choice of paying:
i) in instalments - in which you will pay an initial fixed fee at the point at which you purchase the Subscription and then pay the remainder of the annual fee in monthly instalments; or
ii) as one single payment - in which you will pay the full amount of the total annual fee at the point at which you purchase the Subscription.
13.3 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
13.4 Prices for our Subscriptions may change from time to time. If we change the price of a particular Subscription, we will let you know prior to the price change becoming effective and will give you 14 days' notice to cancel the Contract if you do not wish to pay the new price.
13.5 For consumers the price of a Product and/or Subscription includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay and either offer you a refund or deduct the additional sum from your card. For schools and business customers the price of a Product and/or Subscription is exclusive of VAT.
13.6 The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please refer to our Delivery and Returns page.
13.7 It is always possible that, despite our reasonable efforts, some of the Products and/or Subscriptions on our site may be incorrectly priced. If we discover an error in the price of the Products and/or Subscription you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Product and/or Subscription at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled, refund the sum paid to you if you’ve paid by card and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products and/or Subscription to you at the incorrect (lower) price.
14. ENDING THE CONTRACT
14.1 We may end the Contract at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products and/or Subscription, for example, any order verification details that we require such as an email address, postage address or any other applicable contact details;
(c) you do not, within a reasonable time, allow us to deliver any Product and/or Digital Content to you for whatever reason;
(d) we become aware of or have a reasonable suspicion to believe that you or any of your permitted users have breached these Terms or the terms of the EULA;
15. DISCOUNT CODES
15.1 If you have a discount code please note that we can only honour the discount if you enter the code correctly when requested to do so during the payment process. We’re sorry that we cannot retrospectively give discounts so please ensure that you check your order before proceeding to pay.
15.2 For accepted discount codes the appropriate discount will:
(a) automatically be deducted from the total cost of your order;
(b) only apply to products stated to be eligible for the discount; and
(c) does not include postage and packaging.
Unless stated otherwise, discount codes can only be used once per person (if you are a consumer) or per organisation (if you are a school, nursery or business).
16. HOW TO PAY
16.1 If you are a consumer or a business which is not a school you can only pay for Products and/or Subscriptions using a debit card or credit card. We will charge your debit card or credit card when you place your order and if you are purchasing a Subscription a direct debit will be set up for the relevant instalment payments. Notwithstanding the rest of this clause 16.1, if you are a nursery purchasing a Nursery Subscription we may allow you to request an invoice instead of paying by debit or credit card, however this will be at our discretion. If we allow you to request an invoice for a Nursery Subscription, we reserve the right to withhold the Subscription content from you until we receive payment in cleared funds for the Subscription. All invoices will be sent to you by email and must be paid within 30 days.
16.2 If you are a school or approved local authority establishment you can pay for any Products or Subscriptions using a debit card or credit card. Alternatively, you can place your order online and request to be invoiced. An invoice will be sent to you by email and must be paid within 30 days. Time of payment is of the essence. Teachers and other staff members placing orders must ensure that they have the authority to enter into a contract on behalf of their school or approved establishment.
17. OUR LIABILITY IF YOU ARE A SCHOOL OR BUSINESS
This clause 17 only applies if you are a school or business customer.
17.1 We only supply the Products and/or Subscriptions for internal use by your school or business, and you agree not to use the Product for any resale purposes.
17.2 Nothing in these Terms limits or excludes our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(d) defective products under the Consumer Protection Act 1987.
17.3 Subject to clause 17.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
17.4 Subject to clause 17.2, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of your order for the Products and/or Subscription.
17.5 We do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
18. OUR LIABILITY IF YOU ARE A CONSUMER
This clause 18 only applies if you are a consumer.
18.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
18.2 We only supply the Products and/or Subscription for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
18.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
19. EVENTS OUTSIDE OUR CONTROL
19.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 19.2.
19.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
19.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
19.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 60 days. To cancel please contact us. If you opt to cancel, we will refund the price you have paid, including any delivery charges and you will have to return (at our cost) any relevant Products you have already received. .
20. OUR RIGHT TO VARY THESE TERMS
20.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
20.2 Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
20.3 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
21. VIRUSES AND LINKS
21.1 We do not guarantee that our site will be secure or free from bugs or viruses.
21.2 You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
21.3 You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
21.4 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
21.5 Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the content of those sites or resources.
21.6 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. If you wish to make any use of content on our site other than that set out above, please contact email@example.com.
22. COMMUNICATIONS BETWEEN US
22.1 When we refer, in these Terms, to "in writing", this will include e-mail.
22.2 If you are a consumer you may contact us as described in clause 1.2.
22.3 If you are a business:
(a) Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.
(b) A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or if sent by e-mail, one Business Day after transmission.
(c) In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
(d) The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
23. OTHER IMPORTANT TERMS
23.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you by posting on this webpage if this happens.
23.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
23.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
23.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
23.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
23.6 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
23.7 If you are a school or a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
23.8 If you are a school or a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).