Terms and Conditions
1. OUR TERMS
These are the terms and conditions on which we will supply our The Bear Can Read content to you. Please read them carefully before you place your order with us.
2. INFORMATION ABOUT US & HOW TO CONTACT US
2.1 We are The Bear Can Read Ltd. Our company registration number is 12096486 and our registered office is 6 England’s Lane, London, NW3 4TG. Our trading name is “The Bear Can Read”.
2.2 You can contact us by emailing us at [email protected]
2.3 If we need to contact you, we will either telephone you or by write to you at the email address that you give us in your order. As part on our order check-out process, you will be able to choose how you want us to contact you. If you don’t select a method, we will email you unless you tell us you do not want us to.
3. OUR CONTRACT WITH YOU
3.1 When you place an order online, we will email you to say that we have accepted it. Until we have emailed you there will not be a legally binding contract between us.
3.2 If we are not able to accept your order for any reason, we will let you know, and we won’t charge you for the subscription bundles (refunding any money paid if we do not send the unaccepted order out).
3.3 When we accept your order, we will tell you the order number. It will help us if you can tell us the order number if you have a query.
4. OUR SUBSCRIPTION BUNDLES
When you place an order with us, we will supply you with subscription bundles, which might include such things as phonics books, worksheets, Spotlight cards with advice and tips for parents, reward charts, flashcards, bookmarks, and stickers.
4.1 Our subscription bundles may vary slightly from any pictures that we display. The images of the books on our website are for illustrative purposes only. We will pick the content for your subscription bundles based upon our experience of what we think will be right for your child’s reading level. We reserve the right to select these for you and you agree to accept them unless we have agreed to a specific request from you.
4.2. If you want to make a change to your subscription bundle, please contact us. We will let you know if the change is possible but if we can’t make the change or you don’t like the change we offer; you may want to end the contract. How you can do this is set out in clause 7.
5. OUR RIGHTS TO MAKE CHANGES
5.1 We may need to change the subscription bundle to reflect changes in relevant laws and regulatory requirements.
5.2 We may make minor changes to the subscription bundle content without notifying you in advance but if we make any significant changes to these terms and conditions, we will notify you via our website. If you are not happy with the changes you can contact us to end the contract before the changes take effect and we will give you a refund for any subscription bundles you have paid for but not yet received.
6. PROVIDING THE SUBSCRIPTION BUNDLES
6.1 We will display details of any delivery costs on our website.
6.2 During the order check out process, we will tell you when the payments will be taken from your account or credit card. If you do not agree those dates, please let us know. We can amend the monthly date that payments will be taken. Alternatively if you want to cancel the contract before the next subscription bundle is sent to you, we can action this for you. Your subscription bundle will usually be sent to you within 3 days of your order being placed or your renewal being processed, but we can not guarantee that. We would ask you to leave at least ten working days before you tell us if your subscription bundle has not arrived. We will supply the subscription bundles to you until the subscription expires (if applicable) or until either of us ends the contract.
6.3 If we are not able to supply the subscription bundles because of something outside our control, then we will contact you as soon as possible to let you know and we will try to minimise the effect of the delay. Provided we have done this we will not be liable for delays. If there is a risk of substantial delay you may contact us to end the contract and we will refund you for any subscription bundles, you have paid for but not yet received.
6.4 The subscription bundle will be your responsibility from when we have delivered the subscription bundle to the address you gave us.
6.5 You own the subscription bundle once we have received payment in full.
6.6 We may need certain information from you so that we can supply the subscription bundles to you, for example, credit card payment details and clarity about your child’s age or current reading level. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We cannot be responsible for supplying the subscription bundles late or not supplying any part of them if you don’t give us this information within a reasonable time of us asking for it.
6.7 We may have to suspend the supply of a subscription bundle to:
(a) deal with technical problems or make minor technical changes to our systems;
(b) update the subscription bundle to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the subscription bundle.
6.8 We will contact you in advance to tell you we will be suspending the supply of the subscription bundle unless the problem is urgent or we have to act in an emergency. If we have to suspend the subscription bundle for longer than 1 month in any 12 months, we will not expect you to pay for subscription bundles while they are suspended. A subscription bundle may be delayed for up to three weeks without us having to notify you but if you do not receive the subscription bundle in the month that it is intended for, we will refund that month’s subscription but then continue the following month, unless you tell us that you don’t want us to.
6.9 If you do not pay us for the subscription bundles when you are supposed to, we will suspend supply of the subscription bundles. We will contact you to tell you we are suspending the supply of the subscription bundles.
6.10 We will continue to supply you with the subscription bundle every month unless you ask us not to. If you are buying the subscription bundle as a gift for someone else under our ‘Give a gift’ option, you can commit to 3, 6 or 12 months. Your subscription bundle will automatically terminate at the end of the period you select. If you want to continue with the subscription bundle after that period, please get in touch with us.
6.11 If we are changing the price of the subscription bundle, we will let you know in advance. If you are unhappy please get in touch with us and you may cancel your subscription.
7. YOUR RIGHTS TO END THE CONTRACT
7.1 If you think the subscription bundle is faulty or misdescribed in any way, you may end the contract by getting in touch with us.
7.2 Because your goods are for regular delivery over a set period of time, you have until 14 days after the day you (or someone you nominate) receives the first delivery of the subscription bundle, to change your mind and ask for a refund when returning the box in a saleable condition.
8. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
8.1 To end the contract with us, please let us know by logging onto your account on our website or by contacting us via our website.
8.2 If you end the contract for any reason after subscription bundles have been dispatched to you or you have received them, you do not need to return anything to us and we will simply stop sending you any further bundles. However, if you are cancelling the subscription and requesting a return because the box did not meet your expectation in some way, you must return them the box to us in a saleable condition. If you are requesting a refund, you must post the box back to us at 6 England’s Lane, NW3 2YB. Please email us at [email protected] for a return label, or to agree how any postage costs you incur will be returned to you. If you are exercising your right to change your mind you must return the subscription bundles within 14 days of telling us, you wish to end the contract and return the goods.
8.3 We will pay the costs of return:
(a) if the subscription bundles are faulty or misdescribed;
(b) if you are ending the contract because we have told you of an upcoming change to the subscription bundle or these terms, we have made an error in pricing or description, there has been a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
(c) if you are exercising your right to change your mind.
8.4 We will refund you the price you paid for the subscription bundles including delivery costs, as soon as possible but not later than 14 days, by the method you used for payment.
9. OUR RIGHTS TO END THE CONTRACT
9.1 We may end the contract 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 subscription bundles, for example, your child’s age or reading level, delivery address and your payment details;
(c) you do not, within a reasonable time, allow us to deliver the subscription bundles to you or collect them from us; or
(d) you are not using the subscription bundles for your own usage or are using them for a commercial purpose or in any other way in breach of these terms and conditions.
(e) if you order multiple times using the same promotional code. Promotional codes are only valid for the first box delivered to a family. This means they can not be use multiple times to deliver boxes to same address or to customers ordering with the same email address. The first box promotional codes is designed to enable customers to ‘try’ the box at a very reasonable price. The Sibling10 promotional code is likewise designed to be applied only to siblings when adding them to your account (and it only needs to be applied once at checkout). Any ongoing use of promotional codes must be authorised in writing by The bear can read team. We reserve the right to cancel the order of anyone who uses a promotional code designed for the first order more than once.
9.2 We may write to you to let you know that we are going to stop providing the subscription bundle. We will let you know at least 7 days in advance of our stopping the supply of the subscription bundle and will refund any sums you have paid in advance for subscription bundles which will not be provided.
10. IF THERE IS A PROBLEM WITH THE SUBSCRIPTION BUNDLE
10.1 If you have any questions or complaints about the subscription bundle, please email us at [email protected]
10.2 We are under a legal duty to supply subscription bundles that conform to this contract, match description given, are of satisfactory quality and are fit for purpose. Nothing in these terms will affect your legal rights. For further information about your legal rights please visit the Citizens Advice website www.adviceguide.org.uk.
10.3 If you wish to exercise your legal rights to reject subscription bundles you must tell us within 14 days of receiving them.
11. PRICE & PAYMENT
11.1 The price of the subscription bundle (which includes VAT) will be the price indicated on the pricing page of our website.
11.2 If the rate of VAT changes between your order date and the date we supply the subscription bundle, we will adjust the rate of VAT that you pay, unless you have already paid for the subscription bundle in full before the change in the rate of VAT takes effect.
11.3 We accept payment with any credit or debit card. We ask you to pay in full for the first month’s subscription before the subscription start date.
11.4 If we are unable to collect the payment by the due date, we will contact you and ask you to provide us with an alternative payment method. If you are not able to do so, we reserve the right to cancel your subscription.
11.5 If you think an invoice is wrong, please let us know as soon as possible. We will try to sort this out as quickly as we can, but we reserve the right to charge you interest if we have not made a mistake.
12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
12.1 If we don’t comply with these terms, we will only be liable to you for the price of the subscription bundle and for loss or damage that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made or both we and you knew it might happen.
12.2 We do not exclude or limit our liability to you where it would be unlawful for us to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the subscription bundles and for defective subscription bundles under the Consumer Protection Act 1987
12.3 We supply the subscription bundles for your private use only. You must not use them for any commercial use and if you do, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12.4 Because of the individual nature of a child’s learning experience, unfortunately, we are not able to guarantee that your child will make progress, pass exams or achieve any attainment levels or specific results, but we are confident that you will be happy with our subscription bundles and that your child will enjoy learning from them.
12.5 Our subscription bundles and website will involve the use of third-party content including things such as videos and printed materials. We will take good care to make sure that this is suitable for the purpose for which it is provided but we are unable to guarantee this. If you find anything to be unsuitable, please let us know immediately.
13. HOW WE MAY USE YOUR PERSONAL INFORMATION
14. OTHER IMPORTANT TERMS
14.1 We may transfer our rights and obligations under these terms to another organisation.
14.2 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
14.3 This contract is between you and us. No other person has any rights to enforce any of its terms.
14.4 Each of the paragraphs of these terms operates separately and if any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain continue to be effective.
14.5 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 if you break 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 subscription bundles, we can still require you to make the payment at a later date.
14.6 These terms are governed by English law and you can bring legal proceedings in respect of the subscription bundles in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the subscription bundles in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the subscription bundles in either the Northern Irish or the English courts.
All information posted on our website is intended for general information purposes only. We do not accept any liability arising as a result of any reliance placed on any information contained on our Website.
Accessing our Website
Intellectual property rights
All copyright trademarks and other intellectual property rights in all logos, designs, text, images and other materials on our Website are owned by The bear can Limited or appear with the permission of the relevant owner. Those works are protected by copyright and trade mark laws and treaties around the world. All such rights are reserved.
You are not authorised to copy, adapt, or otherwise use the content on our Website in any way, except for the downloading and temporary storage of one or more of these pages for the purpose of viewing on a personal computer or terminal or drawing the attention of others to material posted on our Website.
Linking to and from our Website
We may use hyperlinks on our Website, but you agree that you will not frame our Website or create any hypertext links or deep links between it and any third-party website without our express prior written permission.
If you choose to use third-party links displayed on our Website, then you will leave our Website (whether or not you realise that you are leaving). Links on our Website are provided for your information only and we have no control over the contents of those third-party websites or resources. We are not responsible in any way for the material on any other website that you enter. We exclude to the fullest extent permitted by law all liability that may arise in connection with or as a result of such external website material causing any damage, costs, injury or financial loss of any kind.
We try to ensure that all information on our Website is accurate, but no guarantees, representations or warranties are given that the content on our Website is accurate, complete, up to date or error free. To the fullest extent permitted by law, we expressly exclude:
- all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
- any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Website or in connection with the access, use, inability to use, or results of the use of our Website, any websites linked to it and any materials posted on it, including, without limitation, liability for:
– loss of business
– loss of income or revenue
– loss of profits or contracts
– loss of anticipated savings
– loss of data
– loss of goodwill
– wasted management or office time
– loss or damage caused to any equipment or software
– any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraud or fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law.
Acceptable use and website security
We will not tolerate any use of our Website which damages or is likely to damage our reputation, the availability or integrity of our Website or which causes or threatens to cause us to incur any legal, tax or regulatory liability. You must not misuse our Website by knowingly introducing viruses or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored, or any server, computer, or database connected to our Website. We will determine, in our absolute discretion, whether your use of our Website is unacceptable and, in this event, we may take such action as we deem appropriate.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, malicious code or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it.
Uploading material to our Website
Whilst we will comply with our Privacy and Cookies Policies, any material you upload to our Website will be considered non-confidential and non-proprietary and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our Website constitutes a violation of their intellectual property rights, or their right to privacy. We have the right to remove any material or posting you make on our Website at any time.
Privacy and cookies
Any personal details we collect from you will only be used in accordance with our Privacy and Cookies Policies. By using our Website, you consent to us processing your information in this way and you warrant that all data provided by you is accurate.
Our Website changes regularly
We aim to make sure that the material on our Website is up to date, but we cannot guarantee this. We may change the content at any time and if we need to, we may suspend the Website or close it indefinitely.
Jurisdiction and applicable law
If you have any queries regarding our Website or the information contained on it, please contact us at [email protected]
Version Date: [March 2020]