PLEASE ENSURE YOU READ THESE TERMS AND CONDITIONS CAREFULLY AND ACCEPT THEM BEFORE YOU USE OUR SITE OR ANY PRODUCTS
This page (together with the documents referred to on it) tells you the terms and conditions (terms) on which we supply the products, articles and videos (Products) listed on our website www.essentialparent.com (site) and www.essentialparentcompany.com (site) to you. Please read these terms carefully before using our site or ordering any Products from us. By using this site or ordering any of our Products, you agree to be bound by these terms.
These terms and conditions are also deemed accepted when you click on the button marked “I Accept” at the end of these terms and conditions, or by us confirming acceptance of your purchase of the Products, or using the site, or downloading the Products at which point and on which date a contract is made between us (the “Contract”). If you do not wish to accept these terms, please do not use the site and you will not be able to order any Products from us.
1. About us
Our site is operated by The Essential Parent Company Limited (we or us). We are registered in England and Wales under company number 7535196 and with our registered office at 3 Wellbrook Court, Cambridge, CB3 0NA, UK. Our VAT number is 110 6035 75.
2. Your status
By placing an order with us, you warrant that:
(a)You are legally capable of entering into binding contracts; and
(b)You are at least 18 years old.
IF YOU ARE A CONSUMER:
3.1 We have a duty to you to ensure the Products provided to you conform with the terms of the Contract.
3.2 We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the contract between you and us.
3.3 As a consumer, you have legal rights in relation to the Products that are faulty or not as seen on the website. Advice about your legal rights may be available from your local Citizens Advice Bureau or Trading Standards Office. Nothing in these terms and conditions will affect those legal rights.
IF YOU ARE A BUSINESS CUSTOMER:
3.4 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you purchase Products.
4.1 By placing an order for any Products, you make an offer to purchase and pay the relevant price for the Product you have chosen (an “Order”).
4.2 We reserve the right to refuse Orders for any reason deemed to be reasonable by us, including in relation to incorrect use of payment cards, creditworthiness or unpaid invoices.
4.3 Upon placing an Order, you will be sent by us a link to download the purchased Product and we will send you an email confirming your purchase to you.
4.4 Upon placing an Order for a physical product you will receive an email from us acknowledging that we have received your Order (the “Order Acknowledgement Notice”) and that the Order is accepted.
4.5 Upon despatch of the ordered Products an order confirmation will accompany the Order (the “Despatch Notice”).
5. Use of the Products
5.1 Subject to these terms and conditions and you paying for the rights to use the Products, we grant you a non-exclusive, non-sub-licenceable and non-assignable right to download and/or use the Products for your personal purposes (if you are a consumer) or for internal business purposes (if you are a business) only subject to the restrictions set out below (the “Licence”). No ownership or copyright in any Product shall pass to you.
You may not except as expressly set out in these terms and conditions, or as permitted by law:
5.2 You may not use the Products until payment has been received in full by us. Any Use by you or on your behalf prior to payment being received by us will constitute a breach of these terms and conditions and we may immediately terminate these terms and conditions and seek damages.
6. Cancellation Rights
IF YOU ARE A CONSUMER
6.1 Provided that the Product remains in its original, unsealed packaging you may cancel a Contract at any time within fourteen (14) days without giving any reason. Please note breaking the shrink wrap covering may invalidate your returns request. The cancellation period will expire fourteen (14) days from the day on which you acquire, or a third party other than the carrier and indicated by you acquired, physical possession of the Product. 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 clause 10 below).
6.2 A return authorisation must be requested within fourteen (14) days of purchase. If the return request is approved in an e-mail confirmation will be received containing a return authorisation code, details of the returns address and procedure (the “Returns Approval”).
IMPORTANT NOTICE TO CONSUMERS:
6.3 You are entitled to cancel a Contract for digital Products in the following circumstances:
Prior to the expiry of fourteen (14) days from the date of the Order Acknowledgement Notice; AND
Prior to the downloading of the digital Products,
You have the right to cancel the Contract without charge any without any reason.
6.4 This does not affect your consumer rights for defective digital Products.
YOU WILL LOSE THE RIGHT TO CANCEL THE CONTRACT ONCE YOU BEGIN TO DOWNLOAD THE DIGITAL PRODUCTS.
6.5 Both parties acknowledge and confirm that:
6.6 To cancel a Contract, you must inform us by e-mail at email@example.com.
6.7 Please return your product(s) in the same condition in which you received them, and at your own cost and risk, within fourteen (14) days of receiving your Returns Approval. Otherwise the return will not be accepted.
6.8 You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
6.9 Details of this statutory right, and an explanation of how to exercise it, are provided in the Dispatch Notice. This provision does not affect your statutory rights.
IF YOU ARE A BUSINESS CUSTOMER
6.10 If you are a business customer, your only right to cancel is in accordance with our policy (set out at clause 10 below).
7.1 Your Order for physical Products will usually be despatched within twenty-four (24) hours or within a reasonable time of the date of the Order Acknowledgement Notice, unless there are exceptional circumstances. Orders received over the weekend will be processed on the next working day.
7.2 Delivery is free for all UK orders and will be despatched by second class post. You have the option of a guaranteed next day delivery at extra cost.
8. Risk and title
8.1 The Products will be at your risk from the time of delivery.
8.2 In relation to Physical Products, 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.
9. Price and Payment
9.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
9.2 These prices include VAT if appropriate and UK second class delivery costs. Any additional delivery costs will be added to the total amount due as set out in our website.
9.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Acknowledgement Notice.
9.4 It is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our 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 our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
9.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Notice, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
9.6 Payment for all Products must be by credit or debit card. We accept payment from all major credit and debit cards including Mastercard, Visa and American Express and payments with Paypal. We will charge your credit, debit card or your Paypal account at the time that you place your order.
10. Refunds Policy
10.1 When you cancel the Contract in accordance with clause 6 we will process the refund due to you as soon as possible and, in any case, within fourteen (14) days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, including if applicable the cost of sending the item to you if applicable. However, you will be responsible for the cost of returning the item to us.
10.2 If you cancel the Contract for any other reason (for instance, because you claim that the Product is defective), 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 process the refund due to you as soon as possible and, in any case, within fourteen (14) days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. If you cancel the Contract due to a defect you will be refunded in full, including if applicable a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
10.3 We will refund any money received from you using the same method originally used by you to pay for your purchase.
11. Our liability
11.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
11.2 Our liability for losses you suffer as a result of us breaching these terms is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaching these terms. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
11.3 This does not include or limit in any way our liability:
(a) For death or personal injury caused by our negligence;
(b) Under section 2(3) of the Consumer Protection Act 1987;
(c) For fraud or fraudulent misrepresentation; or
(d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
11.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits or contracts;
(d) loss of anticipated savings;
(e) loss of data;
(f) loss of data, or
(g) waste of management or office time;
however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this clause 11.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 11.1 or clause 11.2 or any other claims for direct financial loss that are not excluded by any of categories (a) to (g) inclusive of this clause 11.4.
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 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
13.1 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.
14.1 All notices given by you to us must be given to The Essential Parent Company at 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 clause 13 above. 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.
15.1 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:
(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks and power cuts.
(f) 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 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, 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 shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14 above.
18.1 If any of these terms 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 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.
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.
20.1 We have the right to revise and amend these terms from time to time for various reasons including but not limited to reflecting the changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
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 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 before we dispatch your order (in which case we have the right to assume that you have accepted the change to the terms, unless you notify us to the contrary within seven working days of receipt by you of the Products).
21. Law and jurisdiction
21.1 Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
Model Cancellation Form
To The Essential Parent Company Limited at 3 Wellbrook Court, Cambridge CB3 0NA.
I/We [*] hereby give notice that I/We [*] would like to cancel my/our [*] contract for the sale of the following goods,
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate.