Terms & Conditions
1. Your Use of the Site
This Site and the products offered on the Site are for educational, personal, non-commercial use in Great Britain (England, Scotland and Wales), the Isle of Man and the Channel Islands (the “Territory”), and the rest of the world.
You are responsible for your own communications, and you may not post, disseminate or transmit any content that:
- contains personally identifiable information belonging to minors; or
- contains any virus or other harmful component or message.
2. Prices & Product Information
The prices payable for the products that you order are clearly set out on the Site. All prices are expressed exclusive or inclusive of any VAT payable. DVD delivery charges are stated on the Site and are applicable for standard delivery on the product(s) that you order.
Every effort is made to ensure that prices shown on the Site are correct. In the unlikely event that an error is made in the price shown on the Site, We (Shirley Clarke Media Ltd.) will not be obliged to supply the product to you at the stated price. In those circumstances, We will not dispatch the item but will notify the correct price to you so you can decide whether to proceed with your order at that price.
The Purchaser assumes the cost of any import duty that might be imposed by his/her country.
Product information is included on the Site and if there is anything which you do not understand, or if you want more information, please contact us: firstname.lastname@example.org.
Items that are currently in stock will be clearly indicated on the Site. However, occasionally We may be unable to supply a particular item despite it being shown as in stock on the Site. If this happens, We will notify you as soon as possible.
There will be no contract between you and Us unless and until you receive confirmation from Us that the product(s) that you have ordered are being dispatched. Your order is an offer to buy from Us. Nothing that We do or say (including receiving payment from you in accordance with your offer) will amount to any acceptance of that offer until We actually confirm that the product(s) are being dispatched.
At the moment that the products are dispatched (and not before), a contract will be made between you an Us for the sale by Us, and purchase by you, of the ordered product(s). At any point up until then, We may decline to supply the product(s) to you.
We shall deliver the products to the delivery address that you supply when ordering.
We aim to deliver your order to you in one single delivery (subject to availability) and as quickly as is possible. Most products will be posted to you within 5 working days of receiving your order. The products will be posted to you by Royal Mail; however, we reserve the right to use other couriers as necessary.
Any times or dates stated on the Site for delivery are estimates only. We will make all reasonable efforts to deliver products within the time specified. Where We notify you that We are awaiting stock, this should be within 30 days of your order being acknowledged. We do not accept responsibility for failure to deliver within that time if it is for a reason that is outside of Our control.
Ownership of the products that you order will not pass to you until We have delivered the product. When a product is delivered, risk of damage to, or loss of, the product passes to you.
You may cancel your order at any time before it is dispatched by emailing your request to: email@example.com or faxing to (44) 01233 214020. If the item has not been dispatched, and We have sufficient time to prevent dispatch, We will not process payment from your card.
DVDs purchased are non-returnable. We do not offer DVDs on approval. Sample video clips can be viewed on the Site. Should a DVD be faulty, please return it within 7 working days directly to: Shirley Clarke Media Ltd., c/o JEM Education Marketing Services Ltd., The Boulevard, Orbital Park, Ashford, Kent TN24 0GA, United Kingdom.
We might not accept a return where the reason for the return is your misuse of the product. This does not affect your statutory rights.
Returns process: DVDs
- If you wish to return a faulty product within the period set out above, please follow the instructions under paragraph 7. If you wish to return a product because it is faulty, arrived damaged, or was sent to you in error, please let Us know at that time.
- You will then be provided with a returns reference number, and instructions on how and where to return the relevant product to Us. You will be responsible for the costs of returning the relevant product to Us – this does not affect your statutory rights if you wish to return a product that is faulty, arrived damaged or was sent to you in error.
- Please send the relevant product to the notified address and marked with the reference number We provide to you as soon as is possible and, in any event, in time to be received by Us within 30 days of your cancellation notice. We recommend that you obtain proof of postage for all returned products as We are not responsible for the non-delivery of products to Us.
- You are required to take reasonable care of products that you wish to return at all times. Please ensure all products are returned in undamaged and original packaging, with all parts.
8. Validation Checks
All credit / debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to Us, We will not be liable for any delay or non-acceptance of orders. We reserve the right to require further proof of identification if an order is placed using a debit card.
9. Customer Queries or Complaints
If you have any queries or complaints concerning your order, the Site, technical problems etc, you can contact us by:
- Answer phone: 01342 826939 (local rate throughout the UK)
10. Our Liability and Responsibility to You
We promise that all products purchased through the Site will correspond with their relevant description on the Site, and that they will be of satisfactory quality and fit for educational, non-commercial, domestic use in the Territory as described in the manufacturer’s specification. We also promise that We will carry out Our responsibilities with reasonable skill and care. We do not make any other promises or warranties about the product(s), or Our performance of the responsibilities assigned to Us in these Terms.
We accept no responsibility for any loss or damage caused by Us (or Our employees, agents or sub-contractors) where such loss is: a) not a foreseeable result to both you and Us (as at the time that you submit your order) of a breach of the relevant legal duty by Us; b) related to a business; or, c) related to loss or damage to premises or property unless caused by Our negligence or wilful misconduct.
The above limitations on Our liability do not affect your non-excludable statutory rights as a consumer.
You are responsible for the use of products that you obtain from Us. We exclude all liability to the extent permitted by law, for any costs, losses or damages resulting from or related to your use or attempted use of the products in countries outside the Territory.
Except in respect of a payment obligation, neither of us will be liable to the other for any failure to perform any obligation owed to the other due to causes beyond its reasonable control, for example, industrial disputes, fire, storms, failings of the internet or public communications networks, or technical difficulties.
11. Your Further Obligations to Us
You agree that you will not use the products for any commercial or illegal purpose or for any other purpose prohibited by these Terms or by the manufacturer’s specifications.
You agree to abide by the terms of any copyright notice contained on any DVD. Our DVDs are copy protected. All material is copyright to Shirley Clarke Media Ltd. Breach of copyright is theft and will result in legal action.
If you breach these Terms your permission to use the Site terminates immediately. We may also suspend or cancel your right to use the Site at Our discretion if We deem it appropriate. Any termination or suspension of your use of the Site will not affect either your or Our responsibilities to each other. We shall not be liable for any loss or damage from the illegal, incorrect or inappropriate use of the Site or the products purchased through the Site by you or anyone else.
12. Waiver and Severance
Any failure, or delay by Us in exercising any right or remedy under these Terms shall not prevent Us from being able to enforce that, or any other, right or remedy at a later time. If any provision of these Terms is held to be invalid or unenforceable by any court or other competent authority, all other provisions will remain in full force and effect.
You agree that We may assign any of Our rights and/or transfer, sub-contract or delegate any of Our obligations under these Terms. Where We do so, We will take steps to ensure that it does not affect your ability to rely on the rights that you may have under these Terms. These Terms are personal to you and are entered into by you for your own benefit and not for the benefit of any third party – you may only transfer or assign your rights under these Terms with Our prior consent, which We will not unreasonably withhold.
14. Variation of these Terms
In the event that We alter these Terms We shall take all reasonable and appropriate steps to make you aware of such changes, for example, by prominently displaying the amended version on the Site. If you do not agree to the amended Terms, please do not continue to order or purchase products from the Site.
All notices shall be given:
- to Us via post addressed per paragraph 7 or fax or e-mail as per paragraph 6; or
- to you at the most recent e-mail or postal address you have provided during any registration or ordering process, or by Us publishing relevant information on the Site.
Notice will be deemed received either when an email is received in full (or else on the next business day if it is received on a weekend or public holiday in the place of receipt), three days from the date of posting where any notice is posted to you, or immediately upon publication of any relevant information on the Site.
16. Governing Law
These Terms are governed by and are to be construed in accordance with English law. You agree that the courts of England, Scotland and Wales shall have the exclusive jurisdiction to settle any dispute which may arise.