Terms & 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.ldalearning.com (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.
- The following definitions apply to these terms and conditions:
- Goods: the products that we are selling to you as set out in the Order.
- Order: your order for the purchase of our products.
- Terms: the terms and conditions set out on this page.
- Writing or written: includes faxes and e-mail.
- Headings do not affect the interpretation of these terms.
- These Terms shall only apply to the sale of Goods within the United Kingdom 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.
These are our definitions for customers wanting to shop within the United Kingdom.
Basis of Sale
- These Terms, the Order and our Order Confirmation set out the whole agreement between you and us for the sale of the Goods. Please check that the details in the Terms and 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 submit the Order.
- These Terms are the only Terms & Conditions that apply and all other Terms are excluded.
- Any imagery or other descriptions on our website, or other marketing material, are published to provide you with an approximate idea of the Goods they describe. They are not contractually binding.
- These Terms shall become binding on you and us when:
- We issue you with written acceptance of an Order (“Order Confirmation”); or
- We deliver the Goods to you,
whichever is the earlier, at which point a contract shall come into existence between us (a “Contract”).
- 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.
- 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. The applicable Terms are those that in force at the time that you place your order with us.
You enter a contract with us when you receive your order confirmation email. Keep a note of your order reference number as it may be needed at a later date.
- We warrant that on delivery the Goods shall:
- Be of satisfactory quality;
- Be free from material defects in design, material and workmanship; and
- Comply with all applicable statutory and regulatory requirements for selling the Goods in the United Kingdom.
- This warranty does not apply to any defect in the Goods arising from fair wear and tear, willful damage, accident, negligence by you or any third party, if you use the Goods in a way that we do not recommend, or you fail to follow our instructions, or you make any alteration or repair without our prior written approval.
- These Terms also apply to any repaired or replacement Goods if the original goods were faulty.
- 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.
This is the warranty to ensure that you get your products in a satisfactory condition.
Our warranty will not cover products that are damaged by wear and tear, accidents, or deliberate misuse.
- Next Day Delivery: Orders of stocked items, excluding direct delivery from the manufacturer, placed by 2pm on any week day, with the request of next day delivery will be delivered free and aim to be delivered the next working day. We offer next day delivery to UK postcodes (excluding AB, BT, DD, FK, GY, HS, IM, IV, JE, KA, KW, PA, PH, TD, TR, ZE, or the Republic of Ireland).
- Standard Delivery: Orders of stocked items, excluding direct delivery from the manufacturer, will be delivered free and aim to be delivered within 2-4 working days.
- Direct Delivery items are dispatched directly from the manufacturer. Delivery dates are dependent upon the manufacturer. We would estimate that this is normally within 21 days of receipt of your order, but this cannot be guaranteed. Please refer to the product listing for a product specific estimate of delivery. Please allow extra time for deliveries to the AB, BT, DD, FK, GY, HS, IM, IV, JE, KA, KW, PA, PH, TD, TR, ZE postcodes. Delivery at peak times may vary. All of these estimates are dependent on us/our manufacturers having the relevant Goods in stock at the time of your Order.
- Delivery of the Order shall be completed when we deliver the Goods to you.
- 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.
- 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 may not be accepted. Our liability shall be limited to the reasonable costs and expenses that you incur in obtaining replacement goods of similar description and quality, in the cheapest market available, less the original price of the Goods purchased. 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.
- 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:
- We will store the Goods until delivery takes place and may charge you a reasonable sum to cover storage, insurance and other expenses incurred.
- We shall have no liability to you for late delivery.
- 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.
- 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 consignments. We will not charge you extra delivery costs for this. If you ask us to deliver the Order in consignments, we may charge you extra delivery costs. Each consignment shall constitute a separate contract. If we are late delivering a consignment or one consignment is faulty, that will not entitle you to cancel any other consignment.
- 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 14 days of the date of delivery. If you fail to do so then we will not be obliged to remedy the defect.
We have different delivery options available, Next Day, Standard and Direct Delivery, dependent on your delivery address. Sometimes manufacturers deliver directly for us, which can mean longer lead times.
Whilst we try to meet all delivery dates, we can't always guarantee that we will be able to fulfill the delivery on time.
Let us know if you haven't received your goods within 7 days of when you expected them, so that we can investigate and resolve the issue for you. Similarly, if there are any problems with any of your packages let us know within 5 days and we will investigate this for you.
- We will accept returns of goods for any reason and provide a full refund provided that:
- You let us know that you wish to return the Goods within 14 days of delivery;
- The Goods are in their original form including all packaging and are unused
- You pay the costs of returning the Goods, including, but not limited to, the cost of Direct Delivery.
- If you cancel your orders within the 14 days cancellation period we will refund the cost of Goods, excluding delivery charges.
- The returns policy set out above does not apply to
- Goods that are substantially made up of materials that can be photocopied
- any bespoke Goods
- any Goods which contain living organisms or cultures
- dissection resources
- preserved specimens
- radioactive sources
- If Goods are faulty, please let us know as soon as possible after delivery. You have 14 days to notify us of your desire to return the product. We will then 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:
- Provide you with a full or partial refund;
- Replace the Goods; or
- Repair the Goods.
- These Terms will apply to any repaired or replacement Goods we supply to you.
- 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.
- 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.
In the event that you want to return a product, you have 14 days to notify us that you want to return the product, or 30 days if the product is faulty. We will arrange for the Goods to be collected and will either issue you with a full or partial return, provide you with a replacement product or repair the product for you.
Ownership & Risk
- The Goods will be your responsibility from the time of delivery.
- Ownership of the Goods will only pass to you when we receive payment in full and all funds have cleared for the Goods.
- We can recover any Goods in respect of which ownership has not passed to you 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.
You are responsible for the goods as soon as they are delivered to you but you will only own the goods when they are paid for in full. Until you pay for them, we can recover the goods from you.
Price & Payment
- Prices may vary to those that appear in our Catalogue or Website
- Prices exclude VAT.
- Unless otherwise specified, prices exclude delivery costs, which will be added to the total amount due.
- 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.
- 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.
- If you do not make any payment due to us by the due date for payment, 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.
- 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.
Our prices exclude VAT. You are expected to pay for the goods you buy either at the point of sale or when your invoice is due. Should you not do so, we would charge you interest on a per day basis, at the rate specified by Late Payment of Commercial Debts (Interest) Act 1998, which is currently set at 8%.
Price Match Promise
- 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;
- Orders where you notify us of the cheaper competitor price at the time of placing your Order with us;
- Competitor prices which are current and made generally available to all business customers;
- Items sold within the UK by UK based companies;
- Items which are not subject to any special promotional or discounted offers including without limitation using coupons, vouchers, member’s discounts or trade discounts;
- Items which are in stock and available on the same terms, where the invoice is paid in full and including any warranty;
- The item itself and not to delivery or any other services.
- 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.
- 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.
We won't be beaten on price by any business to business, UK based, mail order catalogues, whose product is listed at the full value and is in stock. Price match promise is redeemable over the phone, and you must provide supporting evidence of the price you wish us to match.
Limitation of Liability
- 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.
- We shall not be responsible for indirect losses that you suffer as a result of our failure to comply with these Terms, including, but not limited to, the following categories:
- Loss of income or revenue;
- Loss of business;
- Loss of anticipated savings;
- Loss of data; or
- Any waste of time.
- This condition does not include or limit in any way our liability for:
- Death or personal injury caused by our negligence;
- Fraud or fraudulent misrepresentation;
- Any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
- 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.
- 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 exclude all warranties which are implied into these Terms whether by legislation or otherwise.
This sets our liability to you.
Events Outside Our Control
- 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 “).
- A Force Majeure Event includes any act that is outside of our reasonable control.
- 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.
We are not liable for circumstances outside our control.
- We shall comply with our obligations under the Data Protection Act 1998. We may record your calls for quality and training purposes.
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.
- 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.
We understand that reducing our carbon footprint is important, and adhere to the National WEEE framework.
- 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.
You may not transfer your contract without our consent.
- 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 email or postal address you provide to us in the Order. Notice will be deemed received 24 hours after an email 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 email, which the email was sent to the specified email address of the addressee.
- If any of the provisions of these terms are unenforceable, the term will continue to be valid to the fullest extent permitted by law.
- 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.
- 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.
- These Terms shall be governed by English law and the 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.
- 10% Promotion - Offer code can only be used once by customers who we contact directly. No cash alternative available and offer is not transferable. Offer for single use, cannot be used in conjunction with any other offer, sale or contract priced items. Discount may exclude selected items from the range. Offer valid until 31st August 2018 with orders over £100 excluding VAT. If any item is returned any credits will be issued at the invoice value of the products. Promoter reserves 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 the offer at any time without notice or cause. Free next day delivery applies to stocked items only, orders must be placed by phone, fax, online or email before 2pm with the request of free next day delivery (UK mainland only).
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 ldalearning.com 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.
This sets out the terms that apply specifically to offers promoted by third party websites.