Headstart Primary Terms & Conditions
Terms and conditions of use, website use, disclaimer & copyright
Terms and Conditions
Orders submitted on www.headstartprimary.com (“the website”) are subject to the terms and conditions (“the conditions”) set out below. Any reference in the conditions to writing includes facsimile and e-mail; reference to the parties means you and Headstart Primary Ltd (“Headstart Primary Ltd”); and any reference to working days means between 0900 and 1700 hours on any day excluding Saturdays, Sundays and UK Public Holidays.
1.1 You may place an order for goods (“the goods”) by completing the checkout process on the website. If Headstart Primary Ltd accepts your order, it will confirm acceptance in writing and will supply the goods to you in accordance with your order and these conditions (“the contract”).
1.2 Headstart Primary Ltd intends the terms set out in these conditions to be included in the contract. Please read these conditions carefully and inform Headstart Primary Ltd if you do not understand or agree with anything in these conditions. If you require any changes, please make sure you ask for these to be put in writing, to avoid problems in understanding what each party is expected to do. Any changes to these conditions must be agreed by both parties.
2. Orders and prices
2.1 Prices on the website are valid for the time indicated on the website [and are subject to availability while stocks last].
2.2 In addition to the price shown for the goods, you will pay Value Added Tax where appropriate, plus the delivery charges shown on the website checkout page (“the delivery charges”).
2.3 In the event of an error in any price, sales literature or other document or information issued by Headstart Primary Ltd or placed upon the website, Headstart Primary Ltd will correct the information and will notify you as soon as possible of any such error in your contract. If you do not wish to proceed on the basis of the correct information, you will be entitled to cancel the relevant part of the contract and to receive a refund for the part you have cancelled.
3. Payment terms
3.1 You may place and order via the website, over the telephone or by fax or post.
3.2 If you choose to pay by credit or debit card you will be required to give your card details at the time of submitting your order. Your card will be charged at the time your order is accepted by Headstart Primary Ltd.
3.3 If you are a school or educational institution you may order goods on account by selecting the “invoice” option at the checkout and you will receive an invoice with the goods. The invoice must then be paid within 14 days by cheque or by credit/debit card.
4.1 If no other delivery time is given on the website, Headstart Primary Ltd shall use reasonable efforts to deliver the goods to you within 5 working days of receiving payment from you in cleared funds.
4.2 Headstart Primary Ltd will deliver the goods to the address given by you in the order process.
The goods do not belong to you, even though they may have been delivered to you, until Headstart Primary Ltd has received the total price (including delivery charges) in cleared funds from you. Until that time, you will be responsible for any loss or damage to the goods (unless caused by Headstart Primary Ltd) and Headstart Primary Ltd may require you, upon reasonable notice, to return and deliver up the goods to Headstart Primary Ltd, failing which Headstart Primary Ltd will take legal proceedings to recover the goods or their value.
6.1 Any notice required under these conditions shall be in writing addressed to the other party at its registered office or any other address notified by the receiving party to the party giving the notice. Any notice shall be deemed to be served:
6.1.1 if sent by pre-paid first class post to the party to whom it is given, on the second working day after posting; or
6.1.2 if sent by pre-paid air-mail post to the party to whom it is given, on the seventh working day after posting; or
6.1.3 if sent by fax to the party’s fax number or by email to the party’s email address at the date and time given on the sender’s transmission acknowledgement slip or (in the case of manifest error or loss of the slip) on receipt.
6.2 No third parties shall have any rights under this contract as a result of the Contracts (Rights of Third Parties) Act 1999. No variation to this contract and no subsequent agreement to this contract creates any such rights unless it expressly states so.
6.3 If any of these conditions is held by any competent authority to be unlawful, or unenforceable in whole or in part then the validity of the other provisions of these conditions and the remainder of the provision in question shall not be affected and shall continue to be valid and enforceable to the fullest extent permitted by law.
6.4 The contract and these conditions shall be under English law and are subject to the jurisdiction of the English Courts or, where you are resident in the European Union, the courts of your country of residence.
6.5 You shall not transfer, assign or sub-contract your obligations under the contract without Headstart Primary Ltd’s prior written consent. Headstart Primary Ltd may sub-contract any of its obligations under this contract provided that your rights are not adversely affected as a result.
6.6 Failure or neglect by Headstart Primary Ltd to enforce at any time any of these conditions shall not be a waiver of our rights and it shall not affect the validity of the whole or any part of these conditions or prejudice our right to take subsequent action.
7. Data protection