Terms & Conditions
Please read all these terms and conditions
As we can accept your order and make a legally enforceable agreement without further reference to you. you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything phone us on 01508 578435.
1 These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are Andrew Marshall trading as Learn Movement of 4 Yesmere Mulbarton Norwich NR14 8NS, with the email address email@example.com, phone number 01508 578435 (the Supplier or we).
2 These are the terms on which we sell all goods to you. By ordering any of the goods you agree to be bound by these Terms and Conditions. You can only purchase goods from the website if you are eligible to enter into a contract and are at least 18 years old.
3 Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession.
4 Contract means the legally binding agreement between you and us for the supply of goods.
5 Delivery Location means the Supplier’s premises or other location where the goods are to be supplied as set out in the order.
6 Durable medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored.
7 Goods means the goods advertised on the website that we supply to you of the number and description as set out in the order.
8 Order means the customer’s order for the goods from the supplier as submitted following the step by step process set out on the website.
10 Website means our website learnmovement.com on which the goods are advertised.
11 The description of the goods is as set out in the website or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the material, size and colour of the goods supplied.
12 In the case of any goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
13 All goods which appear on the website are subject to availability.
14 We can make changes to the goods which are necessary to comply with any applicable law or safety requirements. We will notify you of these changes.
16 We may contact you by using email or other electronic communication methods.
Basis of Sale
17 The description of the goods on our website does not constitute a contractual offer to sell the goods. When an order has been submitted on the website, we can reject it for any reason, although we will try to tell you the reason without delay.
18 The order process is set out on the website. Each step allows you to check and amend any errors before submitting the order. It is your responsibility to check that you have used the ordering process correctly.
19 A contract will be formed for the sale of goods ordered only when you receive an email from us confirming the order (order confirmation). You must ensure that the order confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the order placed by you. By placing the order you agree to us giving you confirmation of the contract by means of an email with all information in it (ie the order confirmation). You will receive the order confirmation within a reasonable time after making the contract, but in any event not later than the delivery of any goods supplied under the contract.
20 Any quotation is valid for a maximum period of 30 days from it’s date, unless we expressly withdraw it at an earlier time.
21 No variation of the contract, whether about description of the goods, fees or otherwise can be made after it has been entered into unless the variation is agreed by the customer and the supplier in writing.
22 We intend that these Terms and Conditions apply only to a contract entered into by you as a consumer. If this is not the case, you must tell us so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a business.
Price and Payment
23 The price of the goods and any additional delivery or other charges is that set out on the website at the date of the order or such other price as we may agree in writing.
24 You must pay by submitting you credit or debit card details with you order and we can take payment immediately or otherwise before delivery of the goods.
25 We will deliver the goods to the delivery location by the time or within the agreed period or, failing any agreement, without undue delay and in any event, not more than 30 days after the day on which the contract is entered into.
26 In any case, regardless of events beyond our control, if we do not deliver the goods on time, you can (in addition to any other remedies) treat the contract at an end if:
a we have refused to deliver the goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the contract was made, or you said to us before the contract was made that delivery on time was essential; or
b after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
27 If you treat the contract at an end, we will (in addition to other remedies) promptly return all payments made under the contract.
28 If you were entitled to treat the contract at an end, but do not do so, you are not prevented from cancelling the order for any goods or rejecting goods that have been delivered and, if you do this, we will (in addtion to other remedies) without delay return all payments made under the contract for any such cancelled or rejected goods. If the goods have been delivered you must return them to us or allow us to collect them from you.
29 Delivery does not incude any import duties or other taxes payable on addresses outside UK and Northern Ireland.
30 You agree we may deliver the goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
31 If you or your nominee fail, through no fault of ours, to take delivery of the goods at the delivery location, we may charge the reasonable costs of storing and redelivering them.
32 The goods will become your responsibility from the completion of delivery or customer collection. You must, if reasonable practicable, examine the goods before accepting them.
Risk and Title
33 Risk of damage to, or loss of, any goods will pass to you when the goods are delivered to you.
34 You do not own the goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the goods still owned by you, in which case you must return them or allow us to collect them.
Withdrawal, returns and cancellation
35 You can withdraw the order by telling us before the contract is made, if you simply wish to change your mind and without giving a reason and without incuring any liability.
36 This is a distance contract (as defined below) which has the cancellation rights set out below. These cancellation rights, however, do not apply to a contract for goods that are made to your specifications or are clearly personalised.
Right to cancel
37 Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason.
38 The cancellation period will expire after 14 days from the day on which you acquire, or a third party acquires physical possession of the goods.
39 To exercise your right to cancel you must inform us of your decision to cancel this contract by a clear statement setting out your decision by post or email to enable you to show clear evidence of when the cancellation was made.
Effects of cancellation in the cancellation period
40 Except as set out below, if you cancel this contract we will reimburse to you all payments (not including delivery costs).
Deduction for goods supplied
41 We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you (ie handling the goods beyond what is necessary to establish the nature, characteristics and functioning of the goods: eg it goes beyond the sort of handling that might be reasonably allowed in a shop).
Timing of reimbursements
42 We will make the reimbursement without undue delay and not later than 14 days after the day we receive the goods back.
43 We will make the reimbursement using the same means of payment as you used for the initial transaction.
44 If you have received goods in connection with the contract which you have cancelled, you must send back the goods or hand them over to us at 4 Yesmere, Mulbarton, Norwich NR14 8NS without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this contract. The deadline is met if you send back the goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the goods.
45 For the purposes of these cancellation rights these words have the following meanings: a) distance contract – means a contract concluded between a trader and a consumer under an organised distance sales provision scheme without simultaneous physical presence of the trader and consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded. b) sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price for the goods.
Conformity and Guarantee
46 We have a legal duty to supply the goods in conformity with the contract and will not have conformed if it does not meet the following obligation.
47 Upon delivery the goods will: a) be of satisfactory quality. b) be reasonably fit for any particular purpose for which you buy the goods which, before the contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgement) and be fit for any purpose held out by us or set out in the contract. c) conform to their description.
48 It is not a failure to conform if the failure has it’s origin in your materials.
49 We will give you the benefit of the gaurantee (12 months) against any failure of materials as long as they have been used in accordance with use intended.
50 We will endeavour to give advice after the sale to enable the purchaser to get best results from the product.
Circumstances beyond the control of either party
51 In the event of any failure by a party because of something beyond its reasonable control: a) the party will advise the other party as soon as reasonably practicable, and
b) the party’s obligations will be suspended so far as is reasonable, provided that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but will not affect the customer’s above rights relating to delivery and any rights to cancel below.
52 The Supplier does not exclude liability for: (i) any fraudulent act or omission, or (ii) for death or personal injury caused by negligence or breach of the supplier’s other legal obligations. Subject to this, the supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the contract was made, or (ii) loss (eg loss of profit) to the customer’s business, trade , craft or profession which would not be suffered by a consumer – because the supplier believes the customer is not buying the goods wholly or mainly for its business trade, craft or profession.
Governing law, jurisdiction and complaints
53 The contract (including any non-contractual matters) is governed by the law of England and Wales.
54 Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the customer lives in Northern Ireland or Scotland, in the courts of respictively Northern Ireland or Scotland.
55 We try to avoid any dispute, so we deal with complaints in the following way: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 5 days.