Terms and Conditions
PLEASE READ THE PURCHASE AND SUPPLY OF GOODS TERMS CAREFULLY. IF YOU DO NOT ACCEPT THE TERMS PLEASE DO NOT PURCHASE ANY GOODS. BY PURCHASE OF ANY GOODS YOU ACCEPT AND AGREE TO BE BOUND BY THESE PURCHASE AND SUPPLY OF GOODS TERMS AND ANY MODIFICATIONS.
1. Name of Supplier
Optimus Education Limited whose address is at Ground Floor, East Reach House, East Reach, Taunton, TA1 3EN shall supply education resources received from the publishers and distributors ("goods") to you.
2. Ownership of Goods
Optimus Education shall own the goods until payment is received in full from you, even though the goods may have been already delivered to you. Where you have paid by cheque, credit or debit card, "payment in full" means that the funds have reached our receiving bank account.
3. Price (and VAT)
3.1 The prices payable for the goods that you order are set out in Optimus Education brochures or online. Despite our efforts, it is possible that a small number of items in our brochure or online are mispriced or the price of an item is increased by a supplier between the date of your order and the date of dispatch. In this situation, Optimus Education reserves the right to amend the price to the correct one prevailing at the date of dispatch and the final price will be shown on your invoice.
3.2 All prices are stated exclusive of VAT unless expressly stated otherwise. The price of the goods set out in Optimus Education brochures or online does not include the delivery charge which will be charged as additional costs at the current rates displayed. Please note that the delivery charge may be subject to change. Books are exempt from VAT at present. However, most non-book materials i.e. software, DVDs, games and some photocopiable resource packs are subject to VAT.
Delivery and Packing Charges:
Great Britain
£4.75 + VAT per order plus £0.75 + VAT per item thereafter
Maximum charge £13.00 + VAT
Channel Islands, Isle of Man, Scottish Highlands and Islands Postage and packaging will be charged on all orders. Please contact Prospects for a quote.
Overseas orders: Must be prepaid in pounds sterling. Please write for a quote before ordering. Postage and packaging will be charged on all orders.
4. Availability
If any of the goods are unavailable for supply Optimus Education will notify you as soon as possible.
5. Acceptance of orders
5.1 There will be no binding contract of any kind between you and Optimus Education on any order made through Optimus Education Resources brochures unless and until the goods are dispatched to you. At anytime before dispatch, Optimus Education may decline to supply the goods to you without any reason.
5.2 Any order through Optimus Education website will only be accepted when Optimus Education sends to you an email confirming acceptance of your order. Until you receive that email there will not be a binding contract between Optimus Education and you. Any information on our website, or your filling in of details or clicking any button or icon indicating you are making an order does not and is not intended to constitute a binding contract.
6. Delivery
Delivery will be made to the address specified by you on your order as soon as possible. We aim to dispatch items that are in stock within 2-3 working days, with those that are not yet published or available to follow as soon as possible with no further delivery charge. Delivery will be made by one of our courier services or by Royal Mail Recorded Delivery, dependent on the size and value of the order.
7. Goods lost in transit
No claim for goods lost in transit can be accepted unless notified in writing within 7 working days from the delivery date specified above.
8. Cancellation
8.1 You can cancel your order within 7 working days (excluding weekends and bank holidays) starting from the day after the goods were received by you. This excludes orders for resources that are downloadable or have downloadable content that you will have received on completion of your order. All sales for resources that contain a downloadable element are final on completion of the order process on the website.
8.2 To cancel the order you will need to send a letter to us. You can send the letter by post, email or by personal delivery. Contact details of where to send the letter are set out in paragraph 10 below. If you cancel the order orally, you will need to confirm the oral cancellation in writing and send it to us by one of the means specified in this paragraph. If you have received the goods and wish to return them please follow the instructions in the return of unwanted goods below. You must pay the cost of returning the goods.
8.3 Auto renewal licences (Optimus Ed Online & eClips). You will be notified when a product is due for renewal approx. 28 & 14 days before the renewal date. If you do not wish to renew your licence you must inform us by email within seven days of the expiry date, otherwise you must pay the licence fee for a further year's subscription.
9. Return of unwanted goods
9.1 You may return physical goods purchased from Optimus Education which are in their original condition and can be resold within 21 calendar days from the day after the goods were received by you. Special items specifically ordered for you cannot be returned such as software and banners.
9.2 You cannot return goods where you unseal or break the seal of any items which are audio products (e.g. compact discs), DVDs or computer software. In these circumstances you will have to pay for the goods originally ordered when they are supplied.
9.3 If you wish to return the goods you must pay the cost of returning the goods unless there is a fault with the product.
9.4 Before returning any goods you should first telephone or email Optimus Education to ascertain if the goods can be returned.
9.5 Lost and/or damaged goods and any unauthorised returned goods will be your responsibility and Optimus Education will not be liable and no refund will be made.
9.6 Any returned goods may be exchanged or refunded. Optimus Education reserves the right to refuse an exchange or refund if the goods are returned in a non-saleable condition or are damaged.
10. Contact Details
10.1 Our contact address is, Optimus Education Resources, Ground Floor, East Reach House, East Reach, Taunton, TA1 3EN.
10.2 Our contact details: Telephone 01229 814840 email resources@optimus-education.co.uk
11. Payment
11.1 For non-account holders, payment can be made by credit or debit card at the time of order of the goods. Any changes in price as set out in paragraph 3 will be collected by debit or credit card prior to dispatch. It is therefore necessary to ensure that the expiry date of your payment card is after the anticipated dispatch date of your order.
11.2 Account holders will receive a purchase invoice on dispatch of the goods. Payment can be made by credit or debit card, BACS or by cheque and must be made within 30 days of the invoice date.
11.2.2 Payments details are specified on the invoice.
11.3 Payment will only be considered received on receipt of cleared funds.
11.4 We reserve the right to charge interest on late payments accruing daily.
12. Discounts
12.1 Discounts may be applied to any corporation, schools, local authorities and public sector organisation who has an account with Optimus Education. Discounts may also be applied to bulk orders or new or regular users of our service. Please contact us for further details.
12.2 Quotations for other products and services such as display equipment and furniture can be discussed on request.
12.3 As a provider of careers information, guidance and personal development resources including books, software, posters and DVDs, we take every care to ensure that we promote only those materials which meet our policy on equal opportunities. However, the majority of resources we provide are written and produced by individuals and educational publishers. In these circumstances we consider that the responsibility for ensuring compliance with all aspects of equal opportunities lies with those third parties. It would be impossible to vet the total content of each product we sell, therefore we cannot and do not guarantee that all the resources we sell are completely free from all forms of discrimination.
13. Limitation of Liability
13.1 If the goods delivered by Optimus Education are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, Optimus Education shall have no liability to you unless you notify us in writing at our contact address of the problem within 10 calendar days of the delivery of the goods in question.
13.2 If you do not receive goods ordered by you in accordance with paragraph 6 above, Optimus Education shall have no liability to you unless you notify us in writing at our contact address of the problem.
13.3 If you notify a problem to Optimus Education under this condition our only obligation will be, at your option:
13.3.1 to make good any shortage or non-delivery;
13.3.2 to replace or repair any goods that are damaged or defective; or
13.3.3 to refund to you the amount paid for the goods in whatever way Optimus Education chooses.
Save as precluded by law, Optimus Education will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to Optimus Education under this condition Optimus Education shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 13.3.3 above.
13.4 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from Optimus Education. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
13.5 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded.
14. Entire agreement
These terms and conditions, together with any order forms or documents from Optimus Education referenced under this agreement set out the whole of our agreement relating to the supply of the goods to you by Optimus Education. Nothing said by any salesperson, agent, employee, director or other representative on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
15. Invalidity
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
16. Law and jurisdiction
The validity, construction and performance of this contract shall be governed by English law and shall be subject to the exclusive jurisdiction of the English courts to which you and we submit.
17. Third parties
For the purposes of the Contracts (Rights of Third Parties) Act 1999 and notwithstanding any other provision of this contract this is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.