This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) or services (Services) listed on our website www.visionlearning.co.uk (our site) to you whether you purchase online or by telephone or email.
Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.
1. Information About Us
1.1 The website is operated by Vision Learning & Development Ltd (we). We are registered in England and Wales under company number 4143269 and with our registered office at 5 Bridge Street, Hereford, HR4 9DF. Our main trading address is 28, Clarence Road, Walton-on-Thames, Surrey KT12 5JU. Our VAT number is 664 2016 55.
2. Your Status
By placing an order through our site, you warrant that:
2.1.1 You are legally capable of entering into binding contracts;
2.1.2 You are at least 18 years old.
3. How The Contract Is Formed Between You And Us
3.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us.
4. Consumer Rights
4.1 If you are contracting as a consumer, you may cancel a Contract at any time within fourteen working days, in the case of Products beginning on the day after you received the Products but provided only that in the case of CDs or DVDs you do not remove the sealed packaging. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in paragraph 10 below). This clause does not apply in the case of downloaded products which are not able to be returned.
5. Availability And Delivery
Your order of Products will be fulfilled as soon as possible, unless there are exceptional circumstances, in which case we will notify you by email of any significant delay in delivery.
6. Risk And Title
6.1 The Products will be at your risk from the time of delivery.
6.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
7.1 In the case of Software/Video supplied;
7.1.1 use of the Software/Video shall be non exclusive and restricted to use of the Software/Video in object code form.
7.1.2 ‘Cartooning for Presenters’ products
use of the product; ‘Cartooning for Presenters’ shall be restricted to use in the case of consumers to one specific household and in the case of business use each copy may be used by one specific identifiable individual whose name you agree to supply to us if we request it and in all cases on a stand-alone basis, and the Software may not be networked or made available for shared or public use whether via intranet or otherwise. A Multi-User site licence package is available and must be obtained for wider use within an organisation. Please contact email@example.com for details.
7.1.3 ‘Cartooning for Learning’ product – individual consumer purchasers
use of the product ‘Cartooning for Learning’ shall be restricted to private home use in the case of individual consumer purchasers. The product may not be used in any organisation without purchasing the Schools, Colleges and Organisations package which includes a licence to do so. Unauthorised hiring, lending, public performance, radio or TV broadcasting is prohibited.
7.1.4 ‘Cartooning for Learning’ product – Purchasers of the Schools, Colleges & Organisations Package & Licence
use of the product ‘Cartooning for Learning’ Schools, Colleges and Organisations package shall be restricted to use within the purchasing organisation. Unauthorised hiring, lending, public performance, radio or TV broadcasting is prohibited.
7.1.5 you may not use the Software or Video other than as specified without our prior written consent and you acknowledge that additional fees may be payable on any change of use approved by us;
7.1.6 you have no right to copy, adapt, reverse engineer, decompile, disassemble, modify, adapt or make error corrections to the Software in whole or in part except to the extent expressly permitted by law.
7.1.7 you have no right to sub-license or to assign the licence in respect of use of the Software or Video.
8. Intellectual Property
8.1 Copyright and all other intellectual property rights in the documentation, drawings and methodology used by Graham Shaw and supplied or demonstrated by him belong to Graham Shaw – Vision Learning & Development Ltd and Graham Shaw hereby asserts his right to be attributed as the author of such documentation, drawings and methodology. Customers may use the documentation, drawings and methodology as an incidental tool in the performance of their work, but this does not permit or qualify anyone to teach or demonstrate the methodology of cartoon drawings to anyone else or to copy or use the documentation, drawings or methodology for any commercial gain, without prior written consent.
9. Price And Payment
9.1 The price of any Products (but subject to clause 5 above) will be as quoted on our site from time to time, except in cases of obvious error.
9.2 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
9.3 We are under no obligation to provide the Product to you at an incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
9.4 Payment for all Products purchased online may be by credit or debit card (via Payapl). We accept payment by cheque for purchases made offline, but we will not despatch Products until cheques are cleared.
10. Our Refunds Policy and Cancellation Right for Services
10.1 When you return a Product to us (for instance, because you have cancelled the Contract between us), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will usually process the refund due to you as soon as possible and, in any case; within 30 days of the day we received your cancellation or the day we confirmed to you via e-mail that you were entitled to a refund for delivery of the defective Product.
10.2 Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the reasonable cost incurred by you in returning the item to us.
10.3 Products returned by youwithin the seven-day cooling-off period (see paragraph 4.1above) will be refunded in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us. Refunds do not apply in the case of downloaded products when return is not possible.
11. Our Liability
11.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality.
11.2 Our liability in connection with any Product purchased through our site is strictly limited to the purchase price of that Product.
11.3 This does not include or limit in any way our liability:
11.3.1 For death or personal injury caused by our negligence;
11.3.2 Under section 2(3) of the Consumer Protection Act 1987;
11.3.3 For fraud or fraudulent misrepresentation; or
11.3.4 For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
11.4 We accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
12. Import Duty
12.1 If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
12.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
13. Written Communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us including any complaints must be given to Vision Learning and Development Ltd at 28 Clarence Road, Walton-on-Thames, Surrey KT12 5JU or firstname.lastname@example.org. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in paragraph 13. Notice will be deemed received and properly served immediately when posted on our website, 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 such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
15. Transfer Of Rights And Obligations
15.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
15.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
15.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
16. Events Outside Our Control
16.1 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 events outside our reasonable control (Force Majeure Event).
16.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
16.2.1 Strikes, lock-outs or other industrial action.
16.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
16.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
16.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
16.2.5 Impossibility of the use of public or private telecommunications networks.
16.2.6 The acts, decrees, legislation, regulations or restrictions of any government.
16.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
17.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
17.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
17.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
19. Entire Agreement
19.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
19.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
19.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
20. Our Right To Vary These Terms And Conditions
20.1 We have the right to revise and amend these terms and conditions from time to time.
20.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
21. Law And Jurisdiction
Contracts for the purchase of Products through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.