These Terms and Conditions are applicable, to the exclusion of all other terms and conditions, every time you access our website and/or order goods or electronic resources (E-Resources) from our website.
Before proceeding with an order you will be required to show that you have read and understood the following terms and conditions. We recommend that you print a copy of these Terms and Conditions for your future reference.
1.1 This Site is owned and operated by Mindstretchers Limited ( SC183027 ). Our Registered Office and main trading address is at The Old School, Fowlis Wester, Crieff, PH7 3NL, United Kingdom. Our VAT number is GB 789 8538 40.
2.1 All orders placed by you through our website will be subject to our acceptance of the order.
2.2 When you submit an order to us on our website you will receive a 'bounce back' confirmatory email of this order saying that we are processing your order. You will then receive a second email from us acknowledging your order and giving you estimated timescales for delivery. You should check both emails for accuracy and let us know immediately if there are any errors. Neither of these emails constitute acceptance of your order by us. Your order will be only accepted by us ( and a contract will then be formed between us ) when we dispatch the goods ordered to you. Title to the goods will pass to you only when payment is received in full.
2.3 Should you wish to cancel your order or return any goods, please see the provisions of Clause 6 below for further information on the required procedure.
2.4 Due to the nature and availability of certain of the Goods advertised on our website, it may be necessary to make product substitutions and we reserve the right to do so. If the substituted product differs in what we consider to be any material way from that ordered by you, we will ordinarily discuss the proposed substitution with you prior to despatch of your order. If you subsequently intimate in writing to us within 7 working days of delivery, that the substituted product is not acceptable, it can be returned to us for a refund, which will include the cost of the return postage.
3.1 For orders placed through this website, credit or debit card details are required at the time your order is placed but your card will not be debited until your order has been despatched.
3.2 Whilst it is our intention to keep our website up to date and error free, product description or pricing errors may occur. If we discover such an error after you have submitted an order to us, we will contact you prior to accepting your order with the correct details. You may then either cancel your order or re-confirm it based on the correct information. If we are unable to contact you, we will treat your order as cancelled.
3.3 All prices shown on our website are [exclusive] of VAT. Delivery charges which are additionally payable are clearly highlighted throughout the site.
4.1 We aim to deliver your order within 5 working days of our acknowledgement of your order. However, due to the nature of some of our products, delivery may take up to 30 days from such acknowledgement. If delivery is likely to take more than 30 days, we will contact you to discuss delivery and timing.
4.2 Whilst we make every effort to deliver goods on the day we specify, we cannot guarantee delivery on that day or accept liability for deliveries made outside this timescale. This also applies to products sent direct from our manufacturers. We cannot accept liability for out of pocket expenses or other costs incurred due to failed or delayed deliveries.
4.3 All items are subject to stock availability.
4.4 When we deliver your items to you, you may be asked to sign for the goods to acknowledge that you have received them.
4.5 You must inspect the goods supplied by us on delivery and within a reasonable period of time advise us of any alleged shortage in quantity, any defect in the goods supplied, and damage on delivery or any failure to comply with the advertised description of the goods so supplied by us.
5. Part Deliveries / Back Orders
5.1 We will ordinarily attempt to deliver any order in a single shipment. However, due to the nature and availability of some of our products, we reserve the right to make part deliveries. Where any items ordered are not in stock, customers will be given the option of receiving that part of their order where goods are in stock and then the remainder of that order within 14 working days of the date of the customer's order or, if earlier, when those items become available to the Seller. Alternatively, customers can receive their complete order in one delivery when all their goods become available. However, where any product remains out of stock and unavailable following the expiry of 14 working days from the date of the customer's order, the customer's order will automatically be cancelled in relation to that outstanding product. Customers will be notified and given the option of:
(1) cancelling their order in relation to all unfulfilled deliveries the subject of their order or
(2) accepting delivery of all available products the subject of their order or
(3) re-ordering any outstanding products the subject of their order when they come into stock.
For the avoidance of doubt, Carriage will be charged at the standard rate for each delivery whether in whole or part supply of items comprised in the customer's order.
6. Cancellation and Returns
6.1 You have the right under the Consumer Protection ( Distance Selling ) Regulations 2000 to cancel any order with us by fax or email before 7 working days has passed from the date your order was accepted by us and our contract terms concluded.
6.2 If the products were delivered to you:
(a) you must return the products to us as soon as reasonably practicable;
(b) unless the products are faulty or not as described, you will be responsible for the cost of returning the products to us; and
(c) you have a legal obligation to keep the products in your possession and to take reasonable care of the products while they are in your possession.
7. International deliveries
7.1 If you order products from our site for delivery to an international destination, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
7.2 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
7.3 You must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable or responsible if you break any such law.
8.1 The use of our site and any contract formed hereunder are governed by the law of Scotland. You and we both agree to submit to the non-exclusive jurisdiction of the Scottish courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of England, you may also bring proceedings in Scotland.
8.2 We only supply products for domestic, private [and educational] use. You agree not to use the products for any commercial, business or re-sale purpose, and we have no liability to you for any loss of profit, loss of sales, loss of goodwill or reputation, loss of business, business interruption, or loss of business opportunity. In addition we shall not be responsible for any loss or damage which is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into this contract.
8.3 We shall not be liable to your for breach of contract by reason of any delay in performing our obligations to you in relation to the sale of goods where the delay or failure is due to any cause beyond our reasonable control.
8.4 Nothing in these terms and conditions shall exclude or restrict our liability for death or personal injury cause by our negligence.
8.5 Out liability for any claim for loss or damage shall be limited to the sum paid by you for the goods.
8.6 If any provision of these terms and conditions is found to be invalid or unenforceable by a court the invalidity or unenforceability of such provision shall not affect the other provisions of these terms and conditions.
8.7 We may assign or transfer any of our right or sub contract any of our obligations under these terms and conditions to any third party.
8.8 You may not assign or transfer any of your rights or sub contract any of your obligations under these terms and conditions except with our specific permission in writing.
8.9 We reserve the right to change these terms and conditions from time to time and any such changes will be communicated on our website.
8.10 From time to time there may be links on our website to third party websites which we believe may be of interest to you. We do not have any control over the content of these websites nor can we be liable in respect of anything contained on these websites.
8.11 These terms and conditions govern the entire trading relationship between you and ourselves to the exclusion of all other terms and conditions and will remain in force for the duration of our trading relationship.
8.12 All intellectual property rights ( including use of trade marks ) shall be solely owned by us. You are permitted only to use material on this website as expressly authorised by us.
8.13 Any unauthorised use of materials on this site is strictly prohibited.
8.14 We will use reasonable endeavours to verify the accuracy of any product or pricing information which we place on the site but make no warranties ( whether express or implied ) in relation to the accuracy of such information.
8.15. We will use the personal information you provide to us to:
(a) provide your products;
(b) process your payment for such products; and
(c) inform you about similar products or services that we provide, but you may stop receiving these at any time by contacting us.
We do not supply customer data or information to third parties. You can check the information we hold on you by emailing us. If you find any inaccuracies we will correct these on request.
8.16 These Terms and Conditions supersede all previous Terms and Conditions, representations, undertakings and agreements.
9. Intellectual Property
9.1 We are the operators of this website, and the contents of it are either our property or are used under licence from our suppliers. We are the owners of the compilation of information in this website.
9.2 "Claire Warden" and the Mindstretchers logo are UK registered trade marks of Claire Warden Limited and Mindstretchers Limited respectively.
9.3 Our rights, and those of our suppliers, are protected by UK, European, and International intellectual property laws, including those for the protection of copyrights, trademarks, and database rights. Misuse of this website may incur civil liability or attract criminal sanctions
9.4 We grant you a limited, non-exclusive and revocable licence to access our website for the purposes of browsing our product offer(s), ordering goods or services from us or obtaining contact information for us.
9.5 Your licence to access our website does not extend to any commercial use of our website, nor to any use of our website whatsoever which is for the benefit of any commercial entity other than us.
9.6 You are expressly not permitted to download any part of our site ( other than by reason of automatic page caching), to amend or modify it or any part of it, to reproduce or copy, sell ( including any resale ) or otherwise exploit our website ( or any part of it ) for any other purpose other that as set out above, nor are you permitted to frame our website or to link to any element of it other than the homepage
10.1 The provisions of these terms and conditions apply to the purchase of E-Resources, with the necessary changes and subject to the following additional terms.
10.2 By downloading an E-Resources, you are requesting us to commence providing you with a service prior to the end of the 7 working day "cooling off" period which would otherwise apply to your order under the Distance Selling Regulations. Accordingly, your cancellation rights will cease when you download the E-Resource.
10.3 If you purchase an E-Toolkit, we grant you a personal, non-transferable licence to print a single copy of the E-Toolkit for your own use. If you have purchased the E-Toolkit for use at a school or other site of an educational establishment, you are also permitted to make additional printed copies of the E-Toolkit for use by your staff members working at that site.
10.4 If you purchase an E-book we grant you with a personal, non-transferable licence to maintain one electronic copy of the E-book for your own use.
10.5 All rights not expressly granted above are reserved to Mindstretchers and its licensors and are protected by copyright.