Effective on: 4th July 2014
These terms and conditions together with any other terms and conditions referred to in these terms and conditions (“these Terms”) provide you with information about Phonics International Limited (“PIL”, “we”, “us” or “our”) and the legal terms and conditions on which we sell the products listed on our FloppysPhonics.com Site (“Products”) to you.
Please note that these Terms do not apply to you if: (i) you are buying products from our other sites or products which are not listed on our website.
Except as stated in the previous paragraph, these Terms will apply to any contract between PIL and you for the sale of Products through our website, by telephone, by mail order, by fax or by email (“Contract“).
In addition, if you are ordering a digital subscription Product, please note that the use of that digital subscription Product is subject to:
(i) the subscription terms and conditions associated with that Product; and
Please read these Terms carefully and make sure that you understand them before ordering any Products.
You should print a copy of these Terms or save them to your computer for future reference.
We reserve the right to amend these Terms from time to time. We will exercise this right in accordance with clause 13. Please check these Terms each time you wish to order Products to ensure you understand the terms and conditions which will apply at that time.
1. INFORMATION ABOUT US
1.1 We operate the website http://www.phonicsinternational.com. We are Phonics International Limited, trading as FloppysPhonics.com. Our main trading address is Walnut House, Floreat Gardens, Newbury, Berkshire, RG14 5AW, United Kingdom. Our VAT number is GB 105 6780 19.
2. OUR PRODUCTS
2.1 The images of the Products are for illustrative purposes only. The Products you order may vary slightly from those images.
2.2 The packaging of the Products may vary from that shown on images on our website.
2.3 All Products shown on our website are subject to availability. We will inform you via email as soon as possible if the Product you have ordered is not available.
3. HOW TO ORDER
3.1 You can order our Products in a variety of ways. Please take the time to read and check your order at each page of the order process.
3.2 If you are a consumer, please note that you must be at least 16 years old before you can make any purchases from us.
3.3 If you are not a consumer (e.g. you are buying on behalf of a school or educational institution), you must have authority to bind the entity on whose behalf you are ordering the Products for. By placing an order, you warrant that you have the necessary authority to bind such entity.
4. HOW THE CONTRACT IS FORMED
4.1 These Terms constitute the entire agreement between PIL and you. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of PIL which is not set out in these Terms.
4.2 Orders through our website
4.2.1 If you have ordered a Product through our website, you will receive a confirmation email from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Acceptance takes place when we send you an email to inform you that your Product has been dispatched or in the case of a digital subscription Product, an email informing you that such digital subscription Product is ready to be accessed (“Dispatch Confirmation“). The Contract between you and PIL will only be formed when we send you the Dispatch Confirmation.
4.3 Orders by telephone
4.3.1 If you order Products by telephone, the Contract between you and PIL is formed when we accept your order over the telephone.
4.4 Orders by fax and post
4.4.1 If you order physical Products by fax or post, a Contract will be deemed to come into force if we have not contacted you within 7 days.
4.4.2 If you order digital subscription Products by fax or post, a Contract comes into force when we send you an email to inform you that the digital subscription Product you ordered is ready to be accessed (Dispatch Confirmation).
4.5 Orders by email
4.5.1 If you order by email, we will send you an order acknowledgement by email. Our email will set out details of your order and inform you that your order is subject to these Terms. Where you have ordered a digital subscription Product, a Contract will come into force when you access that digital subscription Product. Where you have ordered a physical Product, a Contract comes into force when we send you our order acknowledgment.
4.7 Where you have bought a Product which is a “service” (e.g. a digital subscription as opposed to a “good” e.g. a physical book), you acknowledge that PIL has commenced the performance of the service and you agree to PIL commencing the performance of such service upon PIL providing you with the Dispatch Confirmation under clauses 4.2.1 or 4.4.2.
4.8 If we are unable to supply you with a Product (for example because that Product is not in stock or no longer available), we will notify you of this via email and we will not process your order. If you have already paid for the Product, we will refund you the full amount as soon as possible.
5. CANCELLATION OF CONTRACT AND REFUND
5.1 We provide a thirty (30) day “no quibble” cancellation and refund policy. This means that you can cancel the Contract and return the Products you purchased from us (at your cost) in their original condition within 30 days from the date of our invoice and we will refund you the price you paid for such Products. Notwithstanding the foregoing, please note that this “no quibble” cancellation and refund does not apply to digital subscription Products.
5.2 Our “no quibble” cancellation and refund policy set out in clause 5.1 is in addition to any statutory and/or legal right(s) which you may have to cancel a Contract and to obtain a refund. For example, if you are a consumer, you have certain rights to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000 (“DSR”).
6. DELIVERY, POSTAGE AND PACKAGING
6.1 The countries to which we would deliver the Products ordered by you and the terms on which we would deliver those Products including delivery charges can be found on our website and are calculated and added at the checkout stage.
7. PRICE OF PRODUCTS
7.1 The prices of the Products will be as set out on our website from time to time. We use reasonable endeavours to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause 7.4 for what happens in this event.
7.2 The price of a Product 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, unless you have already paid for the Products in full before the change in VAT takes effect.
7.3 The price of a Product does not include delivery charges.
7.4 Our website contains a large number of Products. It is always possible that, despite our efforts, some of the Products may be incorrectly priced. If we discover an error in the price of the Products we will process your order and invoice you at the correct price. You will be entitled to a full refund if you decide you wish to return the Products.
8. HOW TO PAY
8.1 You can pay for Products using a number of different means – all options are displayed at the checkout.
8.2 Payment for the Products and all applicable delivery charges is in advance.
9. OUR LIABILITY IF YOU ARE A BUSINESS CUSTOMER
9.1 Nothing in these Terms or the Contract limits or excludes our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation or breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession).
9.2 Subject to clause 9.2, we will under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms and/or the Contract for:
9.2.1 any loss of profits, sales, business or revenue (whether direct or indirect);
9.2.2 loss or corruption of data, information or software (whether direct or indirect);
9.2.3 loss arising from viruses, Trojans or other harmful elements being introduced into your computer or network (whether direct or indirect);
9.2.4 loss of business opportunity or business time (whether direct or indirect);
9.2.5 loss of anticipated savings (whether direct or indirect);
9.2.6 loss of goodwill (whether direct or indirect); or
9.2.7 any indirect, special or consequential loss.
9.3 Subject to clause 9.1 and without prejudice to clause 9.2, our total liability to you in respect of all other losses arising under or in connection with these Terms and/or the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products ordered by you.
9.4 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.
10. OUR LIABILITY IF YOU ARE A CONSUMER
10.1 Subject to clause 10.3 but without prejudice to clause 10.2, if we fail to comply with these Terms, we are responsible for any 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.
10.2 We only supply the Products for domestic and private use. You agree not to use the Products for any commercial, business or re-sale purposes, and we have no liability to you for:
10.2.1 any loss of profit (whether direct or indirect);
10.2.2 any loss of business (whether direct or indirect);
10.2.3 any business interruption (whether direct or indirect);
10.2.4 any loss arising from viruses, Trojans or other harmful elements being introduced into your computer or network (whether direct or indirect);
10.2.5 any loss of business opportunity (whether direct or indirect); and/or
10.2.6 any indirect, consequential or special loss.
10.3 We do not in any way exclude or limit our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation or any liability which cannot be excluded as a matter of law.
11. EVENT OUTSIDE OF OUR CONTROL
11.1 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 (defined in clause 11.2).
11.2 An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, non-performance of suppliers or subcontractors, 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.
11.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract, we will contact you as soon as reasonably possible to notify you; and 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.
12. COMMUNICATION BETWEEN US
12.1 For the purposes of these Terms, “in writing” includes email.
12.2 Unless expressly stated elsewhere in the Terms or on specific pages of the site, all notices given by you to us must be given to support[at]phonicsinternational.com.
12.3 Communication from you to PIL:
12.3.1 Any notice given by you to PIL under or in connection with these Terms or a Contract shall be in writing and shall be delivered to PIL personally, sent by commercial courier, sent by fax or sent by email.
Your notice to PIL shall be deemed to have been duly received by PIL if delivered personally, when left at PIL’s premises , if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed, if sent by fax, on the next business day after transmission, or if sent by email, the next business day after it was sent.
12.4 Communication from PIL to you:
12.4.1 Any notice given by PIL to you under or in connection with these Terms or a Contract shall be in writing and shall be delivered to PIL personally, sent by commercial courier, sent by fax, sent by email or posted on our website.
12.4.2 PIL’s notice to you shall be deemed to have been duly received by you, if delivered personally, when left at the address which you have supplied to us or at your registered office (where you are a company), if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed, if sent by fax, on the next business day after transmission, if sent by email, the next business day after it was sent, or if by posting on our website, immediately when posted on that site.
12.5 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 email, that such email was sent to the specified email address of the addressee.
12.6 The provisions of clause 12 shall not apply to the service of any proceedings or other documents in any legal action.
13. OUR RIGHT TO VARY THESE TERMS
13.1 We may revise these Terms from time to time at our discretion.
13.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between PIL and you.
13.3 Whenever we revise these Terms in accordance with this clause 13, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date of such amendment at the top of this page.
14. OTHER IMPORTANT TERMS
14.1 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.
14.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
14.3 These Terms are between PIL and you. 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.
14.4 Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.
14.5 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.
14.6 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 website and any dispute or claim arising out of or in connection with it will be governed by English law. You and PIL agree that the courts of England and Wales will have non-exclusive jurisdiction.
14.7 If you are a business or not a consumer, 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. You and PIL agree to the exclusive jurisdiction of the courts of England and Wales.