Terms and Conditions
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the goods (Goods) listed on this website www.findel-education.co.uk (our site) to you. Please read these terms and conditions carefully before ordering any Goods from our site. You should understand that by ordering any of our Goods, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
1.1 The definitions in this condition apply in the terms and conditions set out in this document:
Force Majeure Event: has the meaning given in condition 9.
Goods: the products that we are selling to you as set out in the Order.
Order: your order for the purchase of our products.
Order Confirmation: has the meaning set out in condition 2.5.
Terms: the terms and conditions set out in this document.
Writing or written: includes faxes and e-mail.
1.2 Headings do not affect the interpretation of these terms.
1.3 These Terms shall only apply to the sale of Goods to businesses within the United Kingdom and Northern Ireland excluding the Channel Islands and BFPOs. Alternative terms and conditions are available for the sale of Goods to consumers and for customers outside of the United Kingdom and Northern Ireland.
2. BASIS OF SALE
2.1 These Terms, the Order and our price list set out the whole agreement between you and us for the sale of the Goods. Please check that the details in the Terms or on the Order are complete and accurate before you commit yourself to the agreement. If you think that there is a mistake, please make sure that you ask us to confirm any changes in writing, as we only accept responsibility for statements and representations made in writing by our authorised employees and agents. Please ensure that you read and understand these Terms before you sign and submit the Order, because you will be bound by the Terms once a Contract comes into existence between us, in accordance with condition 2.5.
2.2 These Terms apply to the agreement to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
2.3 Any samples, drawings, descriptions or advertising we issue, and any descriptions or illustrations contained in our catalogues or brochures, are issued or published solely to provide you with an approximate idea of the Goods they describe. They do not form part of the contract between you and us or any other contract between you and us for the sale of the Goods.
2.4 If any of these Terms are inconsistent with any term of the Order, the Terms shall prevail.
2.5 The Order is an offer by you to enter into a binding contract, which we are free to accept or decline at our absolute discretion.
2.6 These Terms shall become binding on you and us when:
2.6.1 we issue you with written acceptance of an Order (“Order Confirmation”); or
2.6.2 we deliver the Goods to you,
whichever is the earlier, at which point a contract shall come into existence between us (a “Contract”).
2.7 Any quotation for the Goods is given on the basis that a binding contract shall only come into existence in accordance with conditions 2.5 and 2.6. A quotation shall be valid for a period of 30 calendar days from its date of issue, unless we notify you in writing that we have withdrawn it during this period.
2.8 We shall assign an order number to the Order and inform you of it in the Order Confirmation or delivery note. Please quote the order number in all subsequent correspondence with us relating to the Order.
2.9 We have the right to revise and amend these Terms from time to time without notice to you. Please ensure you are familiar with the up to date Terms prior to placing an Order. If you require an up to date copy of the Terms please request one. You will be subject to the policies and terms in force at the time that you order the Goods from us, unless any change to those policies or these Terms is required by law or government or regulatory authority (in which case, it will apply to orders you have previously placed that we have not yet fulfilled).
3. OUR GUARANTEES
3.1 We warrant that on delivery the Goods shall:
3.1.1 be of satisfactory quality;
3.1.2 be free from material defects in design, material and workmanship; and
3.1.3 comply with all applicable statutory and regulatory requirements for selling the Goods in the United Kingdom.
3.2 This warranty does not apply to any defect in the Goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, if you use the Goods in a way that we do not recommend, your failure to follow our instructions, or any alteration or repair you carry out without our prior written approval.
3.3 These Terms apply to any repaired or replacement Goods we supply to you in the unlikely event that the original Goods are faulty or do not otherwise conform with these Terms.
3.4 Except as set out in these Terms all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded.
4.1 Next Day Delivery: Orders of stocked items placed by phone and fax by 12pm with the request of next day delivery will be delivered free and aim to be delivered next day. Standard Delivery: Orders of stocked items will be delivered free and aim to be delivered within 2-4 working days.
Direct despatch: We aim to ensure that items dispatched directly from the manufacturer are delivered to you within 21 days of our receipt of your Order. Large or heavy Goods may take longer to deliver. Please allow extra time for deliveries to the Scottish Highlands, Scottish Islands, Northern Ireland, Isle of Man and Isle of Wight. In peak time’s delivery times may extend to 8 weeks, however we will endeavour to notify you of such extension at the time of placing your Order. All of these estimates are dependent on us/our manufacturers having the relevant Goods in stock at the time of your Order. Direct delivery items may incur a charge. You will be informed of any additional charges at the time of ordering.
4.2 Delivery of the Order shall be completed when we deliver the Goods to you.
4.3 We will take reasonable steps to meet any estimated delivery date. However delivery times cannot be guaranteed, for example occasionally delivery may be affected by factors beyond our control including the failure of our agents or subcontractors.
4.4 If we fail to deliver our Goods you must notify us within 7 days of the expected delivery date. Any claim that is made after the 7 day period will not be accepted. Our liability shall be limited to the costs and expenses that you incur in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. We shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
4.5 If you fail to take delivery of an Order, then, except where this failure is caused by our failure to comply with these Terms or by an event beyond your control:
4.5.1 we will store the Goods until delivery takes place and may charge you a reasonable sum to cover storage, insurance and other expenses incurred.
4.5.2 we shall have no liability to you for late delivery.
4.6 If you have not taken delivery of the Goods within 2 weeks of our notifying you that they are ready, we may, after giving you reasonable prior notice in writing, resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, pay you for any excess over the price of the Goods or charge you for any shortfall below their price.
4.7 If we are not able to deliver the whole of the Order at one time due to operational reasons or shortage of stock, we will deliver the order in instalments. We will not charge you extra delivery costs for this. If you ask us to deliver the Order in instalments, we may charge you extra delivery costs. Each instalment shall constitute a separate contract. If we are late delivering an instalment or one instalment is faulty, that will not entitle you to cancel any other instalment.
4.8 If upon delivery you discover that the Goods are damaged or have not been delivered in accordance with your Order then you must notify us of this within 5 working days of the date of delivery. If you fail to do so then we will not be obliged to remedy the defect.
5. NO HASSLE RETURNS AND RETURNS OF DEFECTIVE GOODS
5.1 Subject to the limitations set out in condition 5.2 and the qualifications set out in this condition 5.1, we are happy to take a return of Goods for any reason and provide a full refund provided that:
5.1.1 you let us know that you wish to return the Goods within 7 days of delivery;
5.1.2 the Goods are in their original form including all packaging, are unused and all seals are unbroken.
5.2 The returns policy set out in condition 5.1 above does not apply to (a) Goods that are substantially made up of materials that can be photocopied, (b) any bespoke Goods, (c) any Goods which contain living organisms or cultures, (d) dissection resources,(e)preserved specimens,(f) chemicals or (g) radioactive sources.
5.3 In the unlikely event that the Goods do not conform with these Terms, and the qualifications in condition 5.1 cannot be met, please let us know as soon as possible after delivery. We will then authorise the return of the Goods and arrange to collect the Goods on a date agreed between us (please note that we will not be responsible for any delay caused by a third party carrier) OR ask you to return the Goods to us at our cost and once we have confirmed that the Goods are faulty, we will:
5.3.1 provide you with a full or partial refund;
5.3.2 replace the Goods; or
5.3.3 repair the Goods.
5.4 These Terms will apply to any repaired or replacement Goods we supply to you.
5.5 In the unlikely event that you consider that our service has fallen below your expectations, you may apply to us for our Service Satisfaction Voucher. We will assess your application and if we accept it, we will issue you with a Service Satisfaction Voucher.
5.6 For the return of direct delivery items a handling charge may be applied which you will be advised of at the time that the return is requested.
6. TITLE AND RISK
6.1 The Goods will be your responsibility from the time of delivery.
6.2 Ownership of the Goods will only pass to you when we receive payment in full and cleared funds of all sums due for the Goods and any other goods that we have supplied to you.
6.3 We can recover any Goods in respect of which ownership has not passed to you in accordance with clause 6.2 above at any time. You agree to, immediately following written request from us, allow us such access to the Goods (and to such premises as are required to access to the Goods) as is required by us in order to facilitate such recovery.
7. PRICE AND PAYMENT
7.1 Prices may vary to those that appear in our Catalogue or Website
7.2 The price of the Goods will be as set out in the quotation we provided to you or, if we have not provided a quotation or the quotation has expired, in our price list in force at the time we confirm your Order. Prices are liable to change at any time, but price changes will not affect Orders that we have confirmed in writing.
7.3 Prices exclude VAT.
7.4 Unless otherwise specified, prices exclude delivery costs, which will be added to the total amount due.
7.5 It is always possible that, despite our best efforts, some of the Goods we sell may be incorrectly priced and we will, at our discretion, issue an errata list from time to time (also available on our website). Where the Goods' correct price is less than or higher than our stated price, we will charge the correct price when dispatching the Goods to you.
7.6 If you do not have an account with us payment for all Goods must be made in advance by credit or debit card or by cheque.
7.7 If you have an account with us we may invoice you for the Goods on or at any time after the date we have delivered the Goods to you. The invoice will quote the Order Number. You must pay the invoice in cleared monies within the time specified on the invoice or specified elsewhere by us to you. In any event (and in the absence of any other notification) such time shall be no longer than 30 calendar days from the date of the invoice. Please note that payment pursuant to this clause 7.6 shall only be permitted at our absolute discretion and we reserve the right to require upfront payment at any time.
7.8 If you do not make any payment due to us by the due date for payment (as set out in condition 7.5), we may charge interest to you on the overdue amount at the rate specified in the Late Payment of Commercial Debts (Interest) Act 1998 as amended from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with the overdue amount.
7.9 Without limiting any other remedies or rights that we may have, if you do not pay us on time, we may cancel or suspend any other outstanding Order until you have paid the outstanding amounts.
7.10 Prices may vary from those published in our catalogue or on our websites.
8. PRICE MATCH PROMISE
8.1 In the event that you find a cheaper price for an item that is the same as one of our products in any other current mail order catalogue for business
to business purposes, we will match the price subject to the below terms.
The Price Match Promise only applies to;
8.2. Orders where you notify us of the cheaper competitor price at the time of placing your Order with us;
8.3. competitor prices which are current and made generally available to all business customers;
8.4. items sold within the UK by UK based companies;
8.5. items which are not subject to any special promotional or discounted offers including without limitation using coupons, vouchers, member’s discounts or trade discounts;
8.6. items which are in stock and available on the same terms, where the invoice is paid in full and including any warranty;
8.7. the item itself and not to delivery or any other services.
8.8 Proof of price must be provided including current published price list, catalogue page or such other proof as we reasonably require. We reserve the right to verify any prices with the vendor.
8.9 Our Price Match Promise cannot be used in conjunction with any other promotion, discount or offer. Items sold as part of a multi-deal are matched to their individual price.
9. LIMITATION OF LIABILITY
9.1 Subject to condition 9.3 we shall only be responsible for losses which are a foreseeable consequence of our failure to comply with these Terms and our total liability to you for all losses arising under or in connection with a Contract whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the price paid or payable for the Goods.
9.2 Subject to condition 9.3 we shall not be responsible for losses that you suffer as a result of our failure to comply with these Terms that fall into the following categories:
9.2.1 loss of income or revenue;
9.2.2 loss of business;
9.2.3 loss of anticipated savings;
9.2.4 loss of data; or
9.2.5 any waste of time.
9.3 This condition does not include or limit in any way our liability for:
9.3.1 death or personal injury caused by our negligence;
9.3.2 fraud or fraudulent misrepresentation;
9.3.3 any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
9.4 You are responsible for the selection and safe use of any chemicals that you order from us and to the extent that any losses you suffer from such chemicals result from your default, we shall not be responsible.
9.5 Except for the warranties expressly set out in these Terms we do not make any other warranties or representations with regard to the Goods. To the extent that we not prohibited from doing so by the laws of England and Wales we hereby exclude all warranties which are implied into these Terms whether by legislation or otherwise.
10. EVENTS OUTSIDE OUR CONTROL
10.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (a “Force Majeure Event “).
10.2 A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following:
10.2.1 strikes, lock-outs or other industrial action;
10.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
10.2.3 fire, explosion, storm or other adverse weather, flood, earthquake, subsidence, epidemic or other natural disaster;
10.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or
10.2.5 impossibility of the use of public or private telecommunications networks.
10.3 Our obligations under these Terms are suspended for the period that the Force Majeure Event continues, and we will have an extension of time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms can be performed despite the Force Majeure Event.
11. EXCLUSIVE GOODS
Goods which are described as being exclusive are exclusive to Findel Education Limited (Company Number: 1135827).
12. DATA PROTECTION
We shall comply with our obligations under the Data Protection Act 1998. We may record your calls for quality and training purposes.
13. DISPOSAL OF WASTE ELECTRICAL EQUIPMENT
We are committed to promoting the re-use, recycling and recovery of WEEE products by contributing to the VALPAK compliance scheme. WEEE products or packaging will be marked with a crossed out wheelie bin symbol to indicate that the Goods should not be disposed of in general domestic waste but disposed of through an approved WEEE scheme. For more information please see our website or call 0345 120 4518.
Findel Education Resources Ltd does not accept any
liability whatsoever for the remote collection, shipping costs or packaging of
returned goods. All costs associated with the return of WEEE will be the
responsibility of the customer.
You may not transfer any of your rights or obligations under these Terms to another person (including a body corporate) without our prior written consent, which we will not withhold unreasonably. We can transfer all or any of our rights and obligations under these Terms to another organisation, but this will not affect your rights under these Terms.
All notices sent by you to us must be sent to Findel Education Ltd at 2 Gregory Street, Hyde, SK14 4TH. We may give notice to you at either the e-mail or postal address you provide to us in the Order. Notice will be deemed received and properly served 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 the letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, which the e-mail was sent to the specified e-mail address of the addressee.
16.1 If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
16.2 If we fail, at any time while these Terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any of our rights or remedies under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
16.3 A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
16.4 These Terms shall be governed by English law and we both agree to the exclusive jurisdiction of the English courts. Please note that we only accept orders from addresses outside the UK on our International Terms which are available on request.
17. THIRD PARTY PROMOTIONS
Offers promoted via third party websites including but not limited to Schoolzone, Teach Nursery/Primary, Creative Steps and Day Nurseries are subject to the following additional terms and conditions. Offers can only be used once by customers visiting Hope Education via the third party website unless otherwise stated. One offer only per customer and offer only applicable on your first order unless otherwise stated. No minimum order value applies. No cash alternative is available and offer is not transferable. Offer cannot be used in conjunction with any other offer or discount and is not applicable to certain items or product ranges, sale items or contract pricing. Offers are available for a limited period only. If an item is returned any credits will be issued at the invoice value of the product. We reserve the right to charge full price in respect of any order where it believes that the offer is being used contrary to these terms and conditions or in bad faith. We reserve the right to vary or withdraw an offer at any time without notice or cause.