1. These terms
1.1 What these terms cover.
These are the terms and conditions on which we supply our products to you, whether these are goods, services or digital content.
1.2 Why you should read them.
Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2. Information about us and how to contact us
2.1 Who we are.
We are Wellbeing Trough Sport Limited a company registered in England and Wales. Our company registration number is 12432750 and our registered office is at 5 Gerald Road, Salford, M6 6DW. Our registered VAT number is 368840164.
2.2 How to contact us.
You can contact us by telephoning our team at 0161 393 3330 or by writing to us at email@example.com or by post at No. 1 The Sedges, Delamere Road, Norley, Frodsham WA6 6NG.
2.3 How we may contact you.
If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 "Writing" includes emails.
When we use the words "writing" or "written" in these terms, this includes emails.
3. Our contract with you
3.1 How we will accept your order.
Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order.
If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.3 Your order number.
We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 We only sell to the UK.
Our website is solely for the promotion of our products in the UK. Unfortunately, at present, we do not accept orders from addresses outside the UK but should you wish to discuss your requirements then please email us at firstname.lastname@example.org.
4. Our products
4.1 Products may vary slightly from their pictures.
The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
4.2 Product packaging may vary.
The packaging of the product may vary from that shown in images on our website.
4.3 Your rights to use the products are only for a limited period of time.
Your right to use the products supplied to you under this contract only last for one year and your are only licenced to use the products for that period of time. If you continue to use the products after one year from the products being delivered to you (that date being specified to you in writing on completion of your order) then we may: (a) take action against you to prevent you from using the products and you may be liable to pay us damages for any losses we may suffer; or (b) charge you for use of the products for a further year at the then appropriate price as advertised on our website.
5. Your rights to make changes
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If it is not possible, then your original contractual arrangement with us will remain in force.
6. Our rights to make changes
6.1 Minor changes to the products.
We may change the product: (a) to reflect changes in relevant laws and regulatory requirements and changes in recommended content or manner of delivery to end users; and (b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect materially the use of the products but may affect the content of the subject matter and the recommended manner of their delivery to end users.
6.2 Updates to content.
We may update or require you to update content, provided that the content shall always match the description of it that we provided to you before you bought it.
7. Providing the products
7.1 Delivery costs.
The costs of delivery will be as displayed to you on our website.
7.2 When we will provide the products.
During the order process we will let you know when we will provide the products to you. In respect of delivery of physical products we will deliver them to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.
7.3 The products that we will deliver to you.
The products that we will deliver to you are as follows: (a) CPD training presented online to the number of staff which we will notify to you (depending on the product type you choose) who will deliver the products to end users. It is your responsibility to ensure that only those members of your staff who have undertaken the associated CPD accredited training courses and are registered with us as having completed that CPD training deliver the lesson plans to end users. Should anyone who has not completed such CPD training and/or not been registered with us as having done so, then we take no liability to you for any loss or damage suffered as a result; (b) our branded equipment including frisbies, laminates, booklets and posters; and (c) an emailed access code to a named individual within your organisation who has undertaken the CPD training referred to above (to the email address you provide) and which will allow online access to the lesson plans. You must not permit any individual who has not undertaken the specified CPD training to deliver or access the lesson plans. Printing or distribution of any information, lesson plans materials and equipment must be limited to an as necessary basis and must not be distributed outside your organisation. Should you distribute such material outside of your organisation then this contract may be terminated immediately and legal action taken against you for any and all losses which we may suffer as a result.
7.4 We are not responsible for delays outside our control.
If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.5 When you become responsible for the goods.
A product which is goods will be your responsibility from the time we deliver the product to the address you gave us.
7.6 Reasons we may suspend the supply of products to you.
We may have to suspend the supply of a product to: (a) deal with technical problems or make minor technical changes; (b) you breach the terms of this contract; (c) update the product to reflect changes in relevant laws and regulatory requirements or recommended contact; or (d) make changes to the product as requested by you or notified by us to you (see clause 6).
8. Our rights to end the contract
8.1 We may end the contract if you break it.
We may end the contract for a product at any time by writing to you if: (a) you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due; (b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, email addresses to allow access to lesson plans or undertake the CPD training referred to above; (c) you breach the terms of this agreement, for example, we discover that you have distributed material outside your organisation or that individuals delivering lesson plans have not undertaken the prescribed training.
8.2 You must compensate us if you break the contract.
If we end the contract in the situations set out in clause 8.1 we will not refund any money you have paid in advance for products and you may be liable to pay us reasonable compensation for the net costs and losses we may incur as a result of your breaking the contract.
8.3 We may withdraw the product.
We may write to you to let you know that we are going to stop providing the product. We will let you know at least 1 week in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
9. If there is a problem with the product
How to tell us about problems. If you have any questions or complaints about the products, please contact us. You can telephone us at 0161 393 3330 or get in touch by writing to us at email@example.com or by post at No. 1 The Sedges, Delamere Road, Norley, Frodsham WA6 6NG where we have an additional office.
10. Price and payment
10.1 Where to find the price for the product.
The price of the product (which excludes VAT) will be the price indicated on our website and/or on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct.
10.2 We will pass on changes in the rate of VAT.
If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
10.3 When you must pay and how you must pay.
We accept payment by all major credit cards. You must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.
10.4 We can charge interest if you pay late.
If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of HSBC Bank plc 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 any overdue amount.
10.5 What to do if you think an invoice is wrong.
If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
11. Our responsibility for loss or damage suffered by you
11.1 Disclaimer in respect of content of products.
The written content contained within the products is provided for general information only. It is not intended to, and does not, amount to advice which you should rely on. It is not in any way an alternative to specific advice. You must therefore obtain the relevant professional or specialist advice before taking, or refraining from, any action based on the information in this resource. If you have questions about any medical matter, you should consult your doctor or other professional healthcare provider without delay. If you think you or any person who is receiving the course materials delivered to them are experiencing any medical condition, you should seek immediate medical attention from a doctor or other professional healthcare provider. Although we make reasonable efforts to compile accurate information in our resources and to update the information in our resources, we make no representations, warranties or guarantees, whether express or implied, that the content in this resource is accurate, complete or up to date.
11.2 Our liability to you.
Products are prepared solely for the benefit of educational and other establishments to provide training to its end users or customers. The products are to be considered as guidance only. No specific or individualised recommendations are made. Any action taken and/or support provided should be tailored to an individual’s needs and in accordance with policies in place relevant to your professional role and within your place of work. No clinical input is offered, nor are any clinical opinions offered in individual cases. Neither we nor our officers, consultants, employees or agents accept any responsibility for loss howsoever occasioned to any person or persons arising from reliance on the products or other materials sup-plied to you pursuant to this contract. Nothing in this contract, however, seeks to exclude our liability for death or personal injury caused as a result of our negligence or for any other liability which we cannot by law, exclude.
12. How we may use your personal information
How we may use your personal information.
13. Intellectual Property Rights
Use of the products and ownership of them.
All copyright and other intellectual property rights in the products and any other information and/or materials provided to you by us under this contract (or otherwise) (including, without limitation, lesson plans, posters, laminates, frisbies, booklets, brochures, articles or case studies and training material for CPD or other training purposes) are our property alone. You are entitled to use such materials only for use in the named contracting party and in no other business, educational or other establishment or otherwise. You are entitled to share this material within your own educational setting but not with other establishments of education or elsewhere outside of your own organisation. You are not entitled to copy such materials except as expressly indicated in the materials themselves nor are you entitled to use or authorise others to use such materials for any commercial purposes. You are permitted to use the products and other materials referred to in this paragraph and elsewhere in this agreement for one year only as detailed in clause 4.3.
14. Other important terms
14.1 We may transfer this agreement to someone else.
We may transfer our rights and obligations under these terms to another organisation.
14.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee).
You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
14.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to).
This contract is between you and us. No other person shall have any rights to enforce any of its terms.
14.4 If a court finds part of this contract illegal, the rest will continue in force.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.5 Even if we delay in enforcing this contract, we can still enforce it later.
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
14.6 Which laws apply to this contract and where you may bring legal proceedings.
These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.