Terms & Conditions

Terms and Conditions

Welcome to the topical-resources.co.uk website terms and conditions for use. These terms and conditions apply to the use of this Website and by
accessing this Website and/or placing an order you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these
terms and conditions you may not use or access this Website.

Before you place an order, if you have any questions relating to these terms and conditions please telephone 01772 863158 9.00 am – 5.00pm Monday to
Friday or email: enquiries@topical-resources.co.uk


Definitions

"Conditions" means these terms and conditions and the Special Conditions; "Product" means a product displayed for sale on the Website; "Product
Description" means that part of the Website where certain terms and conditions in respect of the individual Product are provided; "Special Conditions" means
the terms and conditions in the Product Description; "Users" means the users of the Website collectively; "Personal Information" means the details provided
by you on; "We/us" means Topical Resources; "Website" means the website located at www.topical-resources.co.uk or any subsequent URL which may replace
it; "United Kingdom" means England, Wales, Scotland, Northern Ireland and the Channel Islands and "You" means a user of this Website.


Access

You are provided with access to this Website in accordance with these Conditions and any orders placed by you must be placed strictly in accordance
with these Conditions.


Registration

You warrant that:

  • The Personal Information which you are required to provide when you register as a customer is true, accurate, current and complete in all respects; and you agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

Privacy Policy

We will treat all your Personal Information as confidential (although we reserve the right to disclose this information in the circumstances set out
below). We will keep it on a secure server and we will fully comply with all applicable UK Data Protection and consumer legislation from time to time in
place.

When you shop on this Website, we will ask you to input and will collect Personal Information from you such as your name, e-mail address, billing
address, delivery address, telephone number and product selection.

We confirm that any Personal Information which you provide to us (or which is available on public registers) and any User Information from which we can
identify you, is held in accordance with the registration we have with the Data Commissioner's Office. We use your information only for the following
purposes:

  • Processing your orders;
  • For statistical purposes to improve this Website and its services to you;
  • To serve website content and advertisements to you;
  • To administer this website;
  • If you consent, to notify you of products or special offers that may be of interest to you.

You agree that you do not object to us contacting you for any of the above purposes whether by telephone, e-mail or in writing and you confirm that you
do not and will not consider any of the above as being a breach of any of your rights under the Privacy and Electronic Communications (EC Directive)
Regulations 2003.

We will not release your Personal Information to any company outside of Topical Resources for mailing or marketing purposes.

You should be aware that if we are requested by the police or any other regulatory or government authority investigating suspected illegal activities
to provide your Personal Information and /or User Information we are entitled do so.

Please check back frequently to see any updates or changes to our privacy policy.

Questions regarding this Policy should be directed to:
Attn: Customer Services Manager
Topical Resources, P.O. Box 329, Broughton, Preston, Lancashire PR3 5LT


Indemnity

You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand,
from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions
by you or any other liabilities arising out of your use of this Website.


Our Rights

We reserve the right to:

  • modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
  • change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.

Orders

We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of
negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when
accessing or ordering from the Website.


Contract creation and electronic contracting

The technical steps required to create the contract between you and us are as follows:

  • You place the order for your products on the web-site by completing the order form and posting or emailing it to us.
  • With your order you will receive an invoice or receipt as appropriate.
  • Order acceptance and the completion of the contract between you and us will take place on completion of payment and delivery of the goods.

Non-acceptance of an order may be a result of one of the following:

  • The product you ordered being unavailable from stock.
  • Our inability to obtain authorisation for your payment if you ring in with your credit card details.
  • The identification of a pricing or product description error.

The contract will be concluded in English.

Topical Resources will not file the details of your specific contract. If you do require any information regarding orders you have placed with Topical
Resources please telephone 01772 863158.


Contract Cancellation

Please note that you are entitled to cancel this contract if you so wish provided that you exercise your right no longer than five working days after
the day on which you receive the Products.


Description of Products

We will take all reasonable care to ensure that all details, descriptions and prices of Products 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
Descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot
confirm the price of a Product until your order is accepted in accordance with our Order acceptance policy.


Payment

All prices are inclusive of VAT (where applicable) at the current rates and are correct at the time of entering the information onto the system. The total
cost of your order is the price of the Products ordered plus delivery charges as set out.

We are happy to invoice teachers at a school address. Goods supplied to a home address must be paid for in advance. Credit cards can be used by
telephoning the office during normal working hours. All credit/debit cardholders are subject to validation checks and authorisation by the card
issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us, we will not be liable for any delay or
non-delivery.


Refusal of Transaction

We reserve the right to withdraw any Products from this Website at any time and/or remove or edit any materials or content on this Website. We may refuse
to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party
by reason of our withdrawing any Product from this Website whether or not that Product has been sold; removing or editing any materials or content on the
Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

To be eligible to purchase Products on this Website and lawfully enter into and form contracts on this Website under English law you must:

  • Register by providing your real name, phone number, e-mail address, payment details and other requested information
  • Be over 18 years of age
  • Stipulate a delivery address in the United Kingdom.

By making an offer to buy a Product, you specifically authorise us to transmit information (including any updated information) or to obtain
information about you from third parties from time to time, including but not limited to your debit or credit card number or credit reports, to authenticate
your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.


Returns

Returns should be in ‘as new’ condition, and we reserve the right to withhold a percentage of the refund value of returned goods if the
product or packaging is in such a condition that the item needs to be reduced in price for resale.


Intellectual property and right to use

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of
the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our
licensors.

You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and
that you may (if necessary to make a Purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of
the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce,
transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.


Compliance with laws

The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations
regarding the Website and any transactions conducted on or through the Website.


Limitation of liability

While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or
implied in relation to its accuracy.

The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we
make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website
including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied
warranty arising from course of dealing or usage or trade.

We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that
the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We
will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.

To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the
Products.

This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.

We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or
negligent misrepresentations) or otherwise out of or in connection with the Conditions for:

  • any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
  • any loss of goodwill or reputation; or
  • any special or indirect losses, suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.

Severance

If any part of the 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 of any of the remaining provisions of the 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

These Conditions govern our relationship with you. Any changes to these Conditions must be in writing and signed by both parties. In this way, we can
avoid any problems surrounding what Topical Resources and you are expected to do.

You confirm that, in agreeing to accept the Conditions, you have not relied on 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 terms and
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 the laws of England and you irrevocably submit to the exclusive jurisdiction of
the courts of England.

Contact Topical Resources

The company address of Topical Resources is:
Jumps Farm, Durton Lane, Broughton, Preston, Lancashire. PR3 5LE
Contact details for Topical Resources can be found under ‘Contact
Us’ on our Website.