Version One 29.01.2013
These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them before ordering any Products from us. Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in it. If you have any questions relating to these terms and conditions please email firstname.lastname@example.org.
If you are purchasing from our Website, please tick the box found immediately after the checkout confirming that you have read the Terms and Conditions of Purchase. If you refuse to accept these Terms, you will not be able to order any Products from our Website. You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 11. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
1. INFORMATION ABOUT US
We operate the website www.topical-resources.co.uk. We are Topical Resources Limited a limited company registered in England and Wales under company number 08072582 and our business address is at Topical Resources, PO Box 329, Broughton, Preston UK PR3 5LT. Our VAT number is 534319357.
2. OUR PRODUCTS
2.1. We specialise in providing teacher resource books and equipment for a sound activity based approach to education in primary and nursery schools. A wide range of titles are available on our Website including photocopiable resources for most areas of the primary curriculum. We also publish advertisements from time to time which display and describe our Products.
2.2. We will take all reasonable care to ensure that all details, descriptions and prices of Products are correct at the time of ordering. Although we aim to keep the information about our Products as up to date as possible, the information, including product descriptions at a particular time may not always reflect the position exactly at the moment you place an order. Images of the Products 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 or printed images accurately reflect the colour of the Products. Your Products may vary slightly from those images.
2.3. All Products are subject to availability. We will inform you by e-mail or by post as soon as possible if the Product you have ordered is not available and we will not process your order if made.
2.4. Please note our Products and supporting materials are prepared for educational purposes but are not a substitute for formal education or learning. We will not accept responsibility for loss howsoever occasioned to any person or persons arising from any reliance; including reliance on any context for the purposes of giving advice to third parties.
3. HOW WE USE YOUR PERSONAL INFORMATION
4. USE OF OUR WEBSITE
Your use of our Website is governed by our Terms of Website Use. Please take the time to read these, as they include important terms which apply to you.
5. IF YOU ARE A CONSUMER
As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
6. IF YOU ARE A BUSINESS CUSTOMER
If you are not a consumer, for example if you are a teacher buying on behalf of a school, you confirm that you have authority to bind any business on whose behalf you purchase our Products.
7. ORDER PROCESS
7.1. Our Products can be ordered from us by using our Website. Our Products are e-books downloadable directly from our website (with VAT to be added to the purchase price for purchases within the EU).
7.2. We are happy to accept orders from persons acting on behalf of a school e.g. teachers and we are happy to invoice teachers at a school address (School Orders).
7.3. Products supplied to a home address must be paid for in advance and in full before we can deliver the Products to you.
7.4. Website orders
- (a) Our Products can be ordered from our Website by following the instructions on screen.
- (b) If you place an order via our Website, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this acknowledgment does not mean that your order has been accepted.
- (c) We will take payment by any of the methods listed in clause 8 or issue your school with an invoice. The Contract between us will only be formed and your order accepted when we receive full payment for the Products (for home delivery orders, downloadable products or school orders made by pre-payment). For School Orders, the Contract will be formed on dispatch of the Products. With School Order deliveries you will receive an invoice or receipt as appropriate.
- (d) Our Website 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.
- (e) Downloads purchased by individuals are only available through pre-payment using Debit/Credit Card. Schools which have a pre-registered credit account with Topical Resources have the option to purchase a download using a school order.
7.5. Telephone, e-mail, fax, mail orders and other ways of ordering
- (a) For all other ways of ordering, an offer is made when you place the order for our Products.
- (b) We will take payment by any of the methods listed in clause 8.1 or issue your school with an invoice.
- (c) If you provide an email address to us, we will send you an order acknowledgement email and information from time to time about your order, such as availability of the Product you have ordered or any changes to delivery dates. These emails do not constitute an order confirmation or order acceptance from us.
- (d) Unless we have notified you that we do not accept your order or you have cancelled it, order acceptance will take place and a Contract between you and us will be formed at the time the Products you have ordered are despatched from our business premises to be delivered to the address you have given us. It does not take place until that stage, even though we may have debited your card or we have sent acknowledging emails. The Contract will be formed at the place of despatch of the Products.
7.6. We reserve the right to withdraw any Products from sale at any time and/or remove or edit any materials or content on our 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 sale or from our Website whether or not that Product has been sold; removing or editing any materials or content on our Website, refusing to process a transaction or suspending or reversing any uncompleted transaction after processing has begun.
7.7. To be eligible to purchase Products and lawfully enter into and form contracts on our Website you must:
- Provide your real name, phone number, e-mail address, payment details and other requested information;
- Be over 18 years of age;
- Stipulate a valid delivery address.
7.8. 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.
7.9. If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our Website as referred to in clause 18, we will inform you of this by e-mail, fax, telephone or by post and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
7.10. 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; and/or
- the identification of a pricing or product description error.
7.11. These Terms and any document expressly referred to in them constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms or any document expressly referred to in them.
8. HOW TO PAY
8.1. You can pay for our Products in three ways:
- (a) using a debit card or credit card. We accept the following cards on our Website: Visa, Visa Debit, Visa Electron, MasterCard, Maestro;
- (b) By telephoning the office during normal working hours with debit card or credit card details;
- (c) by placing an authorised school order, where we will invoice your school with the invoice marked for your attention.
8.2. Payment for Products to be delivered to a home address and all applicable delivery charges will be payable in advance.
8.3. All invoices will be payable in full and in cleared funds within 30 days of the date of the invoice.
8.4. 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.
8.5. We reserve the right to withhold the delivery of our Products or to reject future orders if our invoices are unpaid or if there are repeated delays in making payment to us.
8.6. If any sum is not received by us by the relevant due date, we reserve the right to suspend the Services and/or to charge interest at the rate of 8% per annum above the base rate from time to time of National Westminster Bank. Such interest shall accrue on a daily basis, be compounded quarterly and shall be payable on demand.
9. INTELLECTUAL PROPERTY RIGHTS
You acknowledge that all intellectual property rights in the Product anywhere in the world belong to us, that rights in the Product are licensed (not sold) to you, and that you have no rights in, or to, the Product other than the right to use them in accordance with these Terms.
10. LICENCE TERMS
10.1 In consideration of the payment received by you for the Product, we hereby grant to you a permission to use and reproduce the Product on the terms of this clause (“Licence Terms”).
10.2 We grant to you permission to use and reproduce the materials in the purchased Product on a non-exclusive and non-assignable basis. This permission only covers use of the Product within the educational establishment of the purchaser for educational purposes or for personal reference only. This permission terminates if you breach these Licence Terms. Any other use (including use for commercial purposes) is strictly prohibited.
10.3 For the purposes of clause 10.2, “Educational Establishment” means any school and any other description of educational establishment as may be specified by order of the Secretary of State under s 174 of the Copyright Designs and Patents Act, 1988 (as amended, modified or re-enacted from time to time).
10.4 The Product and all its content remain protected by the copyright of the Topical Resources Limited.
10.5 A copy of these Licence Terms may be included within our physical Products.
10.6 For Website Downloads
- PLEASE READ CAREFULLY BEFORE DOWNLOADING ANY PRODUCTS FROM OUR WEBSITE. IMPORTANT NOTICE TO ALL USERS:
- BY DOWNLOADING A PRODUCT FROM OUR WEBSITE YOU AGREE TO THESE LICENCE TERMS AS PART OF OUR TERMS AND CONDITION OF PURCHASE.
- IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, WE WILL NOT LICENSE THE PRODUCT TO YOU AND YOU MUST NOT DOWNLOAD FROM OUR WEBSITE.
11. OUR RIGHT TO VARY THESE TERMS
11.1 We may revise these Terms from time to time in the following circumstances:
- (a) changes in how we accept payment from you;
- (b) changes in relevant laws and regulatory requirements;
- (c) changes in our agreement with the author of our Products.
11.2. Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
11.3. Whenever we revise these Terms in accordance with this clause , we will give you notice of this by stating that these Terms have been amended and show the relevant date at the top of this page.
12. REFUND POLICY
12.1. Our Physical Products (excluding opened CD-ROMs and DVDs)
- If you are a consumer, you have a legal right to cancel a Contract for goods (physical products such as our book products) for products sold at a distance e.g. using our Website or mail order under the Consumer Protection (Distance Selling) Regulations 2000) (the Regulations). Your legal right to cancel a Contract starts from the date full payment is made, which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period of 7 (seven) working days in which you may cancel, starting from the day after the day you receive the Products. Working days means that Saturdays, Sundays or public holidays are not included in this period.
12.2. However, this cancellation right does not apply in the case of:
- (a) any custom-made products;
- (b) newspapers, periodicals or magazines;
- (c) software, DVDs or CDs which have a security seal which you have opened or unsealed.
12.3. To cancel a Contract, you may contact us in writing by sending an e-mail to email@example.com or firstname.lastname@example.org or by sending a letter to Topical Resources, PO Box 329, Broughton, Preston UK PR3 5LT. We may also cancel orders by telephone at our discretion. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us. If you call us to notify us of your cancellation, then your cancellation is effective from the date you telephone us.
12.4. You will receive a full refund of the price you paid for the Products and the postage and packaging charges you paid for. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause 12.3. We will refund you using the method you initially used to pay for the Product. If you returned the Products to us because they were faulty or mis-described, please see clause 12.6.
12.5. If the Products have already been delivered to you, to receive a refund of the price you paid for the Products:
- (a) you must return the Products to us as soon as reasonably practicable;
- (b) unless the Products are faulty or not as described (in this case, see clause 12.6), you will be responsible for the cost of returning the Products to us;
- (c) you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.
12.6. In the event that you receive a product that is faulty or damaged in transit, we may arrange for a replacement product to be delivered to you. You must notify us of any damage within two working days of delivery and ensure that the original faulty or damaged product is returned to us within 30 days of receiving the Product and returned with its original packaging. If you have a faulty or damaged product please contact us. If you have returned the Products to us because they are faulty or mis-described and you do not want a replacement Product, we will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us. Please note we will not replace products in respect of:
- (a) fair wear and tear;
- (b) misuse or accidental damage; or
- (c) if you decide you no longer want the Product beyond any applicable right to cancel period.
12.7. As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause or these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
12.8. Our Downloadable Electronic Books
Downloadable electronic books are considered to be services under the Regulations, rather than goods for the purposes of the Regulations. Our electronic books and supply of service will be available to you on purchase. On purchase of our downloadable products, the performance of our Contract has commenced and you agree there will be no right to cancel or receive a refund on your order.
13.1. We aim to deliver all Products within 30 days of you placing your order. Where we cannot meet these timescales we will contact you and inform you of the reasons for delay. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
13.2. Delivery will be completed when we deliver the Products to the address you gave us. If you do not receive your Products, please contact us as soon as possible and we will track your order or rearrange delivery.
13.3. The Products will be your responsibility from the completion of delivery.
14. INTERNATIONAL DELIVERY
14.1. We deliver to addresses outside the UK. Please telephone our Customer Services telephone line, email or use our contact form on our Website with details of the country you wish the Products to deliver to and we will advise on delivery prices and estimated delivery times. Orders can be placed over the telephone, by email or by post.
14.2. Payment for Products to be delivered to an international address and applicable delivery charges will be payable in advance.
14.3. Please note an international order for Products may be subject to import duties and taxes which are applied when the delivery reaches the international destination. Please note that we have no control over these charges and we cannot predict their amount. 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.
14.4. 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.
15. PRICE OF PRODUCTS AND DELIVERY CHARGES
15.1. The prices of the Products will be as quoted on our Website or set out in our Product catalogues or advertisements from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system.
15.2. The price displayed for Products and services remains the same regardless of the country of delivery. Our downloadable products and CD-ROMs are subject to VAT. For deliveries within the EU, the price of the Product excludes VAT and the applicable current rate chargeable in the UK for the time being will be displayed at our Website checkout or set out in Product descriptions in e.g. our catalogues or advertisements from time to time. If the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
15.3. The price of a Product does not include delivery charges. Our delivery charges are as quoted on our Website and will be displayed at our Website checkout or set out in Product descriptions in e.g. our catalogues or advertisements from time to time. To check relevant delivery charges, please refer to item description and postage and packaging charges in the shopping cart area of our Website or contact our Customer Services telephone line or use our contact form on our Website.
15.4. Our Website contains a large number of Products. It is always possible that, despite our best efforts, some of the Products on our Website may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will inform you in writing to inform you of this error and we will give you the option of continuing to purchase the Product 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 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 to you at the incorrect (lower) price.
15.5. Prices for our Products may change from time to time, but changes will not affect any order which you have already placed and have yet to be delivered to you.
16. OUR LIABILITY IF YOU ARE A BUSINESS
16.1. We only supply the Products for internal use by your business, and you agree not to use the Product for any re-sale purposes unless we have given you express written consent.
16.2. 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
16.3. Subject to clause 16.3, 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.
16.4. Subject to clause 16.2 and clause 16.3 , our total liability to you in respect of all other 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 the Products plus any postage and packaging charges you have paid.
16.5. Except as expressly stated in these Terms, 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.
17. OUR LIABILITY IF YOU ARE A CONSUMER
17.1. 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. We use the online secure payment gateway service Sagepay for payment transactions made through our Website and Streamline for payment transactions made over the phone or by mail order.
17.2. If we fail to comply with these Terms and you are a consumer, 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 they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
17.3. We only supply the Products for educational and private use. You agree not to use the Product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
17.4. 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.
17.5. Subject to clause 17.4, our total liability to you in respect of all other 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 the Products plus any postage and packaging charges you have paid.18. EVENTS OUTSIDE OUR CONTROL
18.1. 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 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.18.2. 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. COMMUNICATIONS BETWEEN US
19.1 When we refer, in these Terms, to "in writing", this will include e-mail.
19.2 If you wish to contact us in writing for any other reason, you can send this to us by e-mail or by pre-paid post to Topical Resources, PO Box 329, Broughton, Preston UK PR3 5LT. You can always contact us using our Customer Services telephone line or use our contact form on our Website.
19.3 If we have to contact you or give you notice in writing, we will do so by e-mail, telephone or by pre-paid post to the address you provide to us in your order.
19.4 If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. 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. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
20. OTHER IMPORTANT TERMS
20.1. 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.20.2. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
20.3. 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.
20.4. 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.
20.5. 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.
20.6. These Terms are governed by English law. This means that 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), will be governed by English law. Both parties agree to the exclusive jurisdiction of the courts of England and Wales.
Our registered address is at Jumps Farm Durton Lane, Broughton, Preston, United Kingdom PR3 5LE. Contact details for Topical Resources can be found under ‘Contact Us’ on our Website.