We aim to fulfil your order in a satisfactory and timely manner.
These Terms and Conditions govern the use of and content on our website www.skylarkenglish.com (the “Site”) and set out the terms and conditions on which we supply products available on the Site (the “Products”). Please read these Terms and Conditions of Sale carefully before using the Site and before ordering any Products via the Site. Upon using the Site and/or ordering a Product you are deemed to have read, understood, accepted and agreed to abide by these Terms and Conditions. You can print a copy of these Terms and Conditions by using the print facility in your web browser.
These Terms and Conditions shall apply to all sales of Products via the Site and shall supersede any other terms or conditions contained or referred to elsewhere or implied by trade, custom, practice or course of dealing unless specifically agreed in writing by Skylark Learning. If you do not agree with these Terms and Conditions then you should not use the Site. We reserve the right to modify these Terms and Conditions at any time and without notice, and so you should review them periodically. If any modification is unacceptable to you, you must cease using the Site. If you do not cease using the Site, you will be deemed to have accepted the revised Terms and Conditions.
“You” means the person using the Site or named on the Order;
“Contract” means the Order and Order Confirmation;
“Faulty” means containing a fault or defect; imperfect or defective;
“Order” means your order for a Product from the Site;
“Price” means the price together with postage and packing costs and any applicable taxes in force at the time of the Order (excluding any taxes and duties for which the which the Buyer is responsible under the ‘Pricing and payment’ section of these Terms and Conditions), subject to any promotional offer or discount then applicable;
“Terms and Conditions” means the standard terms and conditions of business set out in this document.
Accessing and using the site
You may not use the Site in any improper or unlawful manner or in breach of any legislation or licence that applies to you. You agree to comply with all reasonable instructions that we may give you from time to time regarding use of the Site.
Copyright and rights of use
All intellectual property rights (including patents, registered and unregistered trade marks and service marks, domain names, registered designs and design rights, copyright, database rights and moral rights and rights in computer programs) in and to the Site and all content and materials contained in the Site (“Site Content”) and all Products sold via the Site (“Product Content”) are owned by Skylark Learning or our licensors. Product Content may only be used for your personal, non-commercial purposes unless otherwise agreed in writing with Skylark Learning. Site Content and Product Content shall not be reproduced, modified, copied, altered, distributed, republished, displayed, transmitted or sold in any form or by any means in whole or in part unless otherwise agreed in writing with Skylark Learning. You may not remove any copyright or other proprietary notices contained in any Site Content and Product Content. Any misuse may result in legal action.
To place an Order you will need to follow the order procedure set out on the Site: 1) click on ‘Add To Cart’ on the product page; 2) click on ‘View Cart’ if you wish to see your Order and change quantities; 3) click on ‘Checkout’ and enter the details required; 4) click on ‘Proceed To PayPal to make your payment by PayPal or credit card. Details of the Price payable in respect of any Product and the procedure for payment are displayed on the Site.
All Products are offered for sale subject to availability and subject to our acceptance of your Order. Upon placing an Order, you acknowledge that we may review your Order, and the details within it, for adherence to our guidelines and compliance with these Terms and Conditions and that we may refuse to process an Order where we believe that you may be in breach of these Terms and Conditions and our guidelines. We reserve the right to reject any Order without giving any reason for doing so. No Order shall be deemed accepted by us until we have confirmed it unconditionally in the Order Confirmation.
The Order Confirmation will contain details of your Order, the Price and an estimate of the delivery time for the Order. It is your responsibility to contact us and notify us of any error or mistake with the Order as soon as reasonably practicable. Failure to do so may lead to the incorrect Order being sent out to you. Any times or dates stated for delivery are estimates only. We will make reasonable efforts to deliver goods within the time specified, but we do not accept liability for any failure to deliver within that time.
We may revise, discontinue or modify Products or services at any time without prior notice to you and Products may become unavailable without notice. We shall have no liability of any kind if any Product or service is not available.
Pricing and payment
We may change the Price of any Product before you place an Order.
Despite our best efforts, some of the Products listed on the Site may be incorrectly priced or the price may increase between your Order and our acceptance of your Order. We will normally verify prices as part of the dispatch procedures so that, where a Product’s correct price is less than the stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on the Site, we will normally, at our discretion, either contact you for instructions or reject your Order and notify you of such rejection so that you can then re-order at the correct price if you wish.
For Orders shipped within the EU, prices are inclusive of VAT and all other applicable taxes and/or import duties. Applicable taxes and import duties are based on the final value of your Order and the prevailing rates in force in the relevant tax jurisdiction.
Orders with a delivery address outside the EU may be subject to import duties and taxes (including VAT) which are levied once a delivery reaches your destination country. Any such additional charges as well as costs for customs clearance etc must be borne by you as the importer of the goods. You should note that customs policies and practices vary widely from country to country. We recommend that you contact your local customs office for further information.
Payment must be made through our payment gateway providers at the time of placing your Order which is accepted by us. Payment in full will be taken at this time and the Contract will then be in force. You will be required to submit your payment details to the relevant third party payment gateway provider and you may also be required to accept additional terms and conditions in relation to the use of that service. We cannot accept, and hereby exclude to the fullest extent permitted by applicable law, any liability arising out of or in connection with your use of such third party payment provider.
You undertake that all of the details which you provide to us for the purposes of your Order and its delivery will be correct and that the chosen method of payment is your property and that sufficient funds or credit facilities are available to cover the full cost of the Order.
Delivery and acceptance
The place for the delivery of your Product/s will be as shown on the Order. We will not be responsible if the delivery address you have provided on the Order is incorrect.
Delivery (shipping) costs are shown in the shopping cart and the checkout.
If you have ordered more than one Product, we reserve the right to make delivery of your Order by instalments. If the Order is to be delivered in instalments, each delivery will constitute a separate Contract.
If stock is available, we will endeavour to process your Order and despatch your Product/s on the next working day. Please allow up to 14 days for delivery. However production times may vary and any times quoted for the delivery of goods are indicative only. Time for delivery shall not be of the essence of these Terms and Conditions and we will not be liable for any loss or expenses which you may sustain as a result of any delay in the delivery of your Order.
When you receive the Product/s you must inspect them for any defects or non-conformity before signing any good condition receipt. If you sign good condition, you are accepting that the goods are in an acceptable condition. Any packages not signed for but accepted are considered signed in good condition.
If you can see any sign of damage to the parcel/s please sign as damaged otherwise we cannot refund or replace the item, beyond your statutory rights.
You must be available to accept delivery on the delivery date. If delivery of your Order is refused or returned, you may be charged a fee. If you wrongfully fail to take delivery of the Order, then we shall be under no obligation to refund the Price or to attempt to redeliver your Order.
Risk and property
Risk or damage or loss of your Order will pass to you upon delivery to the agreed address. Notwithstanding delivery and passing of the risk in the Order, property in the Order will not pass from us to you until we have received full payment of the Price and all other sums which are due, owing or payable by you to us in respect of the Order or any other Order between you and us.
Returns, refunds and rights of cancellation
According to your statutory rights, you may cancel your Order for any reason up to 14 days after receiving delivery of your Order. Further to this, you may cancel your Order if the Product/s you have received is Faulty.
If you wish to cancel your Order, please state the reason you wish to cancel and very clearly give information including your name, address, telephone number, email address, details of your Order and your Order reference.
Notice of your wish to cancel must be made by email to firstname.lastname@example.org
Alternatively, you can write to us at Skylark Learning Ltd, St John’s Innovation Centre, Cowley Road, Cambridge CB4 0WS.
If you have received delivery of your Order, you are obliged to take good care of the Product/s and to return it to us at your own cost in the condition in which it was received within 14 days of your notice to us to cancel the Order. You must return any Product to us in its original packaging (which you should retain for this purpose). You are advised to get proof of postage.
We will reimburse to you (by the method used to pay for the original transaction) the amount you paid for the Product/s you wish to cancel/return. This includes the cost of delivery to you (except for additional costs arising if you choose a type of delivery other than our standard and least expensive method of delivery).
We may make a deduction from the reimbursement for loss in value of the Product/s, if the loss is the result of unnecessary handling or damage caused by you.
We will make the reimbursement no later than 14 days after the day we receive the Product/s back from you or 14 days after the day we received your notice to cancel if the Product/s have not yet been despatched.
Nothing in this clause affects your statutory rights.
Disclaimers and limitation of liability
While we endeavour to ensure that the information contained on the Site (“Site Content) is correct and error-free, we do not warrant the accuracy and completeness of the Site Content. We may make changes to the Site Content, or to any products, prices or fees described in it, at any time without notice. The Site Content may be out of date, and we make no commitment to update such material.
We will exercise all reasonable skill and care in providing the Site. Some Site Content may be provided by third parties and we do not guarantee or accept any responsibility for the accuracy, completeness, currency or reliability of any such Site Content.
Therefore, except as expressly provided in these Terms and Conditions, the Site and all Site Content provided through it are provided on an “as is” basis without representation or warranty of any kind, either express or implied (whether by common law, custom, statute or otherwise). To the fullest extent permissible pursuant to applicable law, we disclaim all other conditions, representations, statements and warranties (including, but not limited to, any implied warranty of the fitness for a particular purpose of the Site or Site Content or that your use of the Site or Site Content will not infringe the rights of any third party).
We do not warrant that the Site, any Site Content and any function of the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or other harmful components. We do not warrant or make any representations that the Site and the Site Content will meet your requirements nor do we make any warranty or representations regarding the use or the results of the use of any Site Content in terms of their completeness, accuracy, currency, reliability, or otherwise. We will not be held responsible for the security of the Site or for any disruption of the Site however caused, loss of or corruption of any material in transit, or loss of or corruption of material or data when downloaded onto any computer system.
We warrant to you that any Product purchased from us via the Site is of satisfactory quality and reasonably fit for the purposes for which products of the same kind are commonly supplied. To the fullest extent permissible pursuant to applicable law, we disclaim all other conditions, representations, statements and warranties, either express or implied (whether by common law, custom, statute or otherwise).
Our liability for losses you suffer as a result of us breaching this Contract is strictly limited to the net purchase price of the Product you purchased (excluding taxes and delivery costs).
Nothing in these Terms and Conditions shall exclude or limit our liability for: death or personal injury caused by our negligence; or any loss suffered by you as a result of your reliance on any fraudulent misrepresentation made by us to you; or any liability which cannot be excluded or limited under applicable law.
You expressly agree that your use of and browsing of the Site and the use of Site Content are at your own risk.
Subject to the above, you agree that we shall not be liable for: (a) any direct loss, claim or damage; (b) any indirect loss, claim or damage, or any punitive, special, incidental or consequential damages of any kind that are not directly associated with the incident that caused your claim; or (c) any loss of profit or loss of savings or loss or corruption of data (in each case whether direct or indirect), in each case whether based in contract, tort (including negligence), strict liability, or otherwise, which arises out of or is in any way connected with (i) any use of this Site or the Site Content; (ii) these Terms and Conditions (iii) the Products (iv) any failure or delay in the use of any component of the Site, the Site Content or any service including, without limitation, any unavailability of the Site, the Site Content or the services irrespective of the duration of any period of unavailability; (v) any use of or reliance upon any Site Content or any other information, material, software, products, services and related graphics obtained through the Site, in all cases even if we have been forewarned of the possibility of such loss or damage.
We shall not be liable for any loss, damage, costs or expenses (including loss of profit) arising directly or indirectly from any failure or delay in performing any obligation under these Terms and Conditions by reason of any event or circumstance outside our reasonable control, including, but not limited to, any strikes, industrial action, failure of power supplies or equipment, government action or Act of God.
Laws applicable in your country of residence may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Due to the inherent risks of using the internet, we cannot be liable for any damage to, or viruses that may infect your computer equipment or any other property when using or browsing the Site. The downloading or other acquisition of any Site Content through the Site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system or loss of data that results from the downloading or acquisition of any such Site Content.
You agree to indemnify, keep indemnified, defend and hold us and and any related companies, subsidiaries, affiliates and each of our respective officers, directors, employees, owners, agents, contractors, partners, representatives, information providers and licensors harmless from and against any and all claims, damages, liability, demands, losses, costs and expenses (including legal fees) (whether or not foreseeable or avoidable) incurred or suffered by any parties and any claims or legal proceedings which are brought or threatened arising out of or in connection with your use of the Site, the Site Content, the Product Content or the services provided through the Site, your conduct in connection with the Site or services provided or with other users of the Site, any purchases, transactions, dealings or arrangements with any third party via the Site or on a third party site, or any violation of these Terms and Conditions or of any law or the rights of any third party.
We may remove or alter the Site or cease the provision of any services available through the Site, including the sale of Products, at any time at our sole discretion for any reason whatsoever.
Data protection and privacy
These Terms and Conditions shall be governed and construed in accordance with the laws of England and subject to the jurisdiction of the courts of England and Wales.