All orders for books, verb cards, software and other products (‘Goods’) placed with Advance Materials (‘the Seller’) shall be accepted by Advance Materials subject to these terms and conditions until further notice:
1 CONTRACT
i. For online orders a contract is formed between the Buyer and the Seller when the Seller notifies the Buyer by e-mail that their order has been accepted. The Buyer’s order will not be accepted until the Seller receives confirmation that the Buyer’s credit or debit card payment has been cleared.
ii. For orders placed by telephone, mail or fax a contract is formed between the Buyer and the Seller when the Seller receives the Buyer’s order.
2 GOODS
The description of the Goods to be sold shall be as set out in this website or other publicity material provided by the Seller to the Buyer.
3 PRICE AND PAYMENT
i. The price of the ordered Goods shall be as set out in the individual product pages on the Website and includes postage, packing and value added tax (if applicable). All online payments must be in pounds Sterling. Payments from countries outside the UK may be made in US dollars or Euros subject to agreement with the Seller.
ii. Schools and other educational institutions may choose to pay on invoice. If an invoiced Buyer fails to make full payment within 30 days of the invoice date, the Seller shall be entitled to charge interest at the rate of the official dealing rate of the Bank of England (base rate) + 8% per month on the outstanding amounts.
4 DELIVERY
The ordered Goods will bedelivered to the address entered by the Buyer on the online Order Registration form (for online orders) or the delivery address supplied by the Buyer via telephone, fax or post. Goods will normally be dispatched within 2 to 3 working days (and more commonly within 24 hours), however time for delivery shall not be of the essence and the Seller shall not be liable for any delay in delivery. If the Seller is not able to despatch the ordered goods within 3 working days, the Seller shall promptly notify the Buyer and suggest a revised despatch date and if this is not acceptable to the Buyer, the Seller shall refund in full the Buyer payment in respect of the Goods ordered.
5 DESCRIPTION OF GOODS AND ACCEPTANCE
i. The Seller warrants that, at the time of delivery, the ordered Goods will, subject as hereinafter provided, correspond with the description on this website, will be free from defects in materials and workmanship and will be of satisfactory quality (within the meaning of the Sale and Supply of Goods Act 1994).
ii. Any claim by the Buyer that any ordered Goods fail to correspond with the description on this website or that they are defective or not of satisfactory quality, must be notified to the Seller by e-mail or letter within 7 days from the date of delivery. If delivery is not refused, or the Buyer does not notify the Seller accordingly, the Seller shall have no liability for such failure or defect unless the goods were not of satisfactory quality at the time of delivery.
iii. If the Buyer makes a valid claim under paragraph 5ii, the Seller shall replace the Goods in question free of charge or, at the Buyer’s request, refund in full the Buyer’s payment in respect of such Goods. Such replacement or refund is conditional upon the goods in question having been returned to the Seller unused and in mint condition within 10 days.
iv. The Buyer shall be deemed to have accepted the Goods if they have not been rejected on or before the seventh day of delivery. The Buyer shall not be entitled to reject the Goods in whole or in part after such date.
6 TITLE AND RISK
i. Risk of damage to, or loss of, ordered Goods shall pass to the Buyer at the time of delivery.
ii. Notwithstanding delivery title in the Goods shall not pass to the Buyer until the Buyer has made payment of all sums owing to the Seller.
iii. Until such time as title in the Goods passes to the Buyer, the Seller shall have the right to repossess or otherwise recover the Goods.
7 LIMITATION OF LIABILITY
Except in the case of death or personal injury caused by the Seller’s negligence, the Seller’s liability to the Buyer by reason of any representation or any implied warranty, condition or other term, or any duty at common law or under these terms, for any special, indirect or consequential damage is hereby limited and excluded to the fullest extent permitted by law.
8 CANCELLATION
i. The Buyer shall for a period of 7 working days, commencing on the day after delivery of the ordered Goods (with the exception of downloadable software), have the right to cancel the contract by sending written notice of the cancellation to the Seller at the address, fax number or e-mail address supplied at the end of these terms. In the event that the Buyer cancels the contract the Buyer shall be responsible for paying all reasonable costs and expenses incurred in the ordered Goods being returned to the Seller and the Seller shall reimburse any sums paid to them by the Buyer in respect of the ordered Goods within 30 days of the notice of cancellation being given.
ii. Downloading software from the Seller’s website is deemed to constitute acceptance of the Goods. Once the Buyer has downloaded software from the Seller’s website the Buyer does not have the right to cancel the contract.
iii. Once the Buyer has received their password to a restricted area of the Seller’s website it is deemed that the Buyer has accepted the Goods. The Buyer does not subsequently have the right to cancel the contract
9 FORCE MAJEURE
The Seller shall not be liable for any default due to any circumstance beyond the reasonable control of the Seller including, but not limited to, Acts of God, war, civil unrest, riot, strike, lock-out, acts of civil or military authorities, fire, flood, earthquake or shortage of supply or failure of the supplier to deliver goods to the Seller.
10 INSPECTION COPIES
i. Inspection copies of Magic Verb Cards and En avant avec les temps cards are supplied on request on 14 days' approval provided that they are sent to an education institution’s address and are either:
a paid for at the end of the inspection period OR
b returned to the Seller appropriately and securely packaged and in mint condition at the end of the inspection period. In the event of Goods on inspection not being retained, return is at the Buyer’s expense.
11 GENERAL
i. The Buyer agrees not to offer ordered Goods for resale either within or outside the United Kingdom and the Buyer shall indemnify the Seller in full for all losses, damages, costs and expenses which the Seller may suffer or incur if the Buyer breaches this term.
ii. The Seller reserves the right to vary these terms at any time but, in respect of any ordered goods, the terms which apply shall be those which the Buyer accepted when the Buyer placed their order.
iii. The headings in these Terms are for ease of reference only and shall not affect the interpretation of any of the Terms.
iv. If any provision of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and the remainder of the provision in question shall, to the extent permitted by law, not be affected thereby.
12 GOVERNING LAW AND JURISDICTION
The contract formed by the Seller’s acceptance of the Buyer’s order shall be governed by the laws of England and both parties submit to the non-exclusive jurisdiction of the English Courts.
13 DEFINED TERMS
‘The Seller’ means Advance Materials, whose head office is at 41 East Hatley, Sandy, Beds, SG19 3JA, U.K., VAT No. 737624907. ‘Terms’ means these terms and conditions of sale. ‘Goods’ means any products listed on the Advance Materials’ website for which you place an order which is accepted by Advance Materials. ‘The Buyer’ means you, the customer.
USE OF THE ADVANCE MATERIALS WEBSITE
Disclaimer:
It is a condition of Advance Materials (‘Company’) allowing you free access to the material on this website that you accept the terms and conditions of this notice.
By using this website you accept all responsibility for maintaining the confidentiality of all account details, including password to restricted areas of the website. This may involve restricting access to your computer to prevent unauthorised use of your account, as you will be held responsible for any activity that takes place under your registered account details.
Password confidentiality is of utmost importance, and you should take all necessary steps to ensure that your password remains known only to you. Should you suspect that your password has become known, or is likely to become known to anyone else, you must inform the Company immediately so that the Company can cancel it and issue you with a replacement one.
The intellectual property rights in all material displayed on this website are owned by the Company and/or its content and technology providers (as the case may be). You may print or download extracts of the materials on this website for your personal use. Any other use of material on this website is strictly forbidden. You will be liable for any damage or harm arising from any infringement of intellectual property rights, whether belonging to the Company or any other third party, if that damage or harm results from your act, omission or default.
INFORMATION ON THIS WEBSITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ALL SUCH WARRANTIES ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS DISCLAIMER DOES NOT APPLY TO GOODS PURCHASED THROUGH THIS WEBSITE (TO WHICH OUR TERMS AND CONDITIONS OF BUSINESS SHALL APPLY).
Information on this website may be incomplete, out of date or inaccurate and may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice.
The Company makes no representations whatsoever about any other website which you may access through this one. When you access a website which does not belong to the Company, please understand that it is independent from the Company, and that the Company has no control its website contents. In addition, a link to a non-Company website does not mean that the Company endorses or accepts any responsibility for the content, or the use, of such website.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY EXCLUDES LIABILITY TO ANY PARTY FOR ANY INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEBSITE OR ON ANY OTHER HYPER-LINKED WEBSITE INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE. |
