TERMS of Sale

BACKGROUND:

These Terms of Sale set out the terms under which Goods, are sold by Us to customers through this website, https://www.schoolwellbeingcards.co.uk/ (“Our Site”).  You will be required to read and accept these Terms of Sale when ordering Goods, so please read them carefully.  If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to purchase our Goods.

1. Definitions and Interpretation

In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:
“Goods”means the School Wellbeing Cards and other related products;“Contract”means a contract for the purchase of Goods, as explained in Clause 8;“Data Protection Legislation”means all applicable legislation in force from time to time in the United Kingdom applicable to data protection and privacy including, but not limited to, the UK GDPR (the retained EU law version of the General Data Protection Regulation ((EU) 2016/679), as it forms part of the law of England and Wales, Scotland, and Northern Ireland by virtue of section 3 of the European Union (Withdrawal) Act 2018); the Data Protection Act 2018 (and regulations made thereunder); and the Privacy and Electronic Communications Regulations 2003 as amended;“Order Confirmation”means Our acceptance and confirmation of your purchase of one-off Goods;“Order Number”means the reference number for your Goods; “We/Us/Our”




means School Wellbeing Cards Limited, a company registered in England under 13853343 whose registered address is Station View House, 41 Brunswick Road, Shoreham-By-Sea, West Sussex, BN43 5WA

1. Information About Us
   
   1. Our Site is owned and operated by School Wellbeing Cards Limited, a company registered in England under 13853343 whose registered address is 41 Lavington Road, Worthing, BN14 7SL, United Kingdom, which is also the main trading address.
   2. We are registered with the United Kingdom’s Health and Care Professions Council, (HCPC).
2. Access to and Use of Our Site
   
   1. Access to Our Site is free of charge.
   2. It is your responsibility to make any and all arrangements necessary in order to access Our Site.
   3. Access to Our Site is provided “as is” and on an “as available” basis.  We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice.  We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
   4. Use of Our Site is subject to Our Website Terms & Conditions which you can find at the following link: [INSERT LINK] Please ensure that you have read them carefully and that you understand them.
3. Entire Agreement
   
   1. These Terms of Sale constitute the entire agreement between Us and you with respect to your purchase of Goods from Us.  You acknowledge that you have not relied upon any statement, representation, warranty, assurance, or promise made by or on behalf of Us that is not set out in these Terms of Sale and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based upon any statement herein.
4. International Customers
   
   1. All international orders will incur additional shipping fees, which will be calculated and displayed at checkout based on the destination country and the weight of the Good.
   2. You are responsible for any customs duties, import taxes, and other applicable fees required by the destination country. These charges are not included in the product price or shipping cost and must be paid by the recipient upon delivery.
   3. Estimated delivery times for international orders vary by destination. While we aim to dispatch orders promptly, delivery times are subject to international postal services and may be affected by customs clearance processes.
   4. International shipments will be sent via a tracked service. You will receive a tracking number once your order has been dispatched, allowing you to monitor its progress.
   5. If you wish to return Goods purchased for international delivery, please note the following terms:

5,5,1 Goods must be returned in their original condition, unused, and with all packaging intact. You must notify us of your intent to return within 14 days of receiving the Goods.

1. To initiate a return, please contact our customer service team at schoolwellbeingcards@outlook.com to obtain a return authorisation and instructions.
2. You are responsible for the cost of returning the Goods to us, including any customs duties or fees. We recommend using a tracked delivery service to ensure the safe return of Goods.
3. Once we receive the returned Goods and confirm they meet the return eligibility criteria, we will process a refund for the cost of the Goods, minus the original shipping fees. Refunds will be issued using the same payment method used for the original purchase.

1. Goods, Pricing and Changes
   
   1. The details of the Goods and the corresponding price will be set out on the relevant page of Our Site.
   2. We may from time to time change Our prices.  
   3. We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online.  Changes in price will not affect any order that you have already placed.
   4. All prices are checked before We accept your Order. If We have shown incorrect pricing information, We will inform you of the mistake in writing and refund you any overpayment you have made.
   5. Prices on Our Site are shown exclusive of VAT, which is not chargeable on Our Goods.

1. Delivery charges will be confirmed, dependent on your address, during the checkout process on Our Site.  

1. Descriptions
   
   1. We make all reasonable efforts to ensure that all descriptions and images of Goods available from Us on Our Site match the actual Goods. Please note:
      1. Images of Goods are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product due to differences in computer or device displays and lighting conditions;
      2. Images or descriptions of packaging are for illustrative purposes only and the actual packaging may vary; and
      3. Due to the nature of our Goods, there may be a slight variance in the dimensions and weight of the School Wellbeing cards between the actual Goods and the description.
   2. Please note that Clause 7.1 does not exclude Our responsibility for mistakes due to Our negligence.
   3. Minor changes may be made to certain Goods from time to time, for example, to reflect changes in relevant laws. This may happen between you placing your Order and the Goods being dispatched.

Minor changes will not change the main characteristics of the Goods and will not affect your use of those Goods.

1. Orders – How Contracts Are Formed
   
   1. Our Site will guide you through the process of purchasing Goods.  Before completing your purchase, you will be given the opportunity to review your order and amend it.  Please ensure that you have checked your order carefully before submitting it.
   2. If you provide Us with incorrect or incomplete information during your order, We may contact you to correct it. If you do not do this within a reasonable time, We may cancel your order. We are not responsible for any delays caused by incorrect information.
   3. Only when you Order our Goods will there be a contractual offer that We may accept, which will be indicated via an Order Confirmation by email. This Order Confirmation confirms a legally binding Contract between Us and you. No part of Our Site constitutes a contractual offer capable of acceptance.  
   4. Order Confirmations shall contain the following information:
      1. Your Order Number;
      2. Confirmation of the Goods ordered;
      3. Fully itemised pricing for your Goods including, where appropriate, taxes, and other additional charges;
      4. Shipping and billing address details; and
      5. Shipping method.
   5. In the event that we are unable to accept Your Order, we will provide a written explanation. Typically, no payment will be processed, but if it is, a full refund will be issued.
2. Provision of Goods
   
   1. We undertake to make available to you the Goods you have purchased by sending the Goods to you using the Royal Mail services.  The service used can be selected during the checkout process.
3. When You Own the Goods
   
   1. Ownership of the Goods passes to you once We have received payment in full.
4. Payment
   
   1. Payment for Goods must always be made, in full,  in advance via our online shop.  Your chosen payment method will be charged when We process your order and send you an Order Confirmation.
   2. We accept the following methods of payment on Our Site:

1. Credit Cards;
2. Debit Cards;
3. GPay;
4. ShopPay; and

e)   PayPal

1. If you believe that We have charged you an incorrect amount, please contact Us at schoolwellbeingcards@outlook.com as soon as reasonably possible.

1. Delivery
   
   1. Delivery. We aim to deliver Your Order within 2 weeks of Our Order Confirmation, unless otherwise stated.
   2. We are not responsible for delays beyond our control. If this happens, we’ll notify You and try to minimise the delay.
   3. If there’s a significant risk of delay, you can cancel and request a refund for undelivered items.
   4. Late Delivery. If We don’t deliver on time, you may have the right to cancel.
   5. If you don’t cancel, you can set a new delivery date. If We miss that, you can still cancel.
   6. We will refund any payments for cancelled orders, including delivery fees.
   7. If you have received cancelled goods, you must return them and We will cover the return costs.
   8. Responsibility. You become responsible for the Goods once they are delivered to your address.
   9. We are not responsible for late delivery if it’s due to you not providing required information.
2. Faulty, Damaged or Incorrect Goods
   
   1. This clause gives a summary of your legal rights as a consumer. There may be exceptions to these rights. Nothing in these Terms of Sale will affect your legal rights.

Under the Consumer Rights Act 2015, goods must be as described, fit for purpose, and of satisfactory quality. Your rights during a product's expected lifespan are as follows:

1. Within 30 Days. You can reject faulty Goods and get a full refund;
2. After 30 Days:
   
   • You can request a repair or replacement (if this is not possible, We may offer an alternative or a refund);
   • If the Goods are still faulty after repair or replacement, you can request another repair or replacement, or keep the Goods at a reduced price. You can also reject the Goods and request a refund; and

1. If you exercise the final right to reject the Goods more than six months after receiving them, we may reduce the refund to account for the use you've had from them.

1. You cannot claim if:

1. We informed you of the problem before purchase;
2. You caused the problem through misuse, intentional, or careless damage;
3. You used the Goods for an unsuitable purpose that was neither obvious nor communicated to Us; or
4. The problem is due to normal wear and tear.

1. If there’s a problem with the Goods, please contact Us using the details below in Clause 20.
2. If you exercise your legal right to reject the Goods, you must return them to Us.
3. To return Goods, you can post them back to us.  We will cover the postage costs in certain circumstances. Please contact Us using the details below in Clause 20 to get a return label.

1. Returning Goods
   
   1. If you would like to exercise your right to return, you must return the Goods to Us.
   2. If you are exercising your right to change your mind under the cooling-off period, you must return the Goods to Us no more than 14 calendar days after the day on which you informed Us that you wish to cancel.
   3. We will cover the costs of returning the Goods to Us in the following circumstances:

1. The Goods are faulty or not as described;
2. We have made an error in the price or description;
3. There is a risk that the delivery of the Goods will be substantially delayed due to events outside of our control (A Force Majeure Event); and
4. You are cancelling and ending the Contract because you have a legal right to do so because We have done something wrong (including failing to deliver the Goods on time).

1. In all other circumstances, including where you are exercising your right to change your mind under the cooling-off period, you must cover the costs of returning the Goods to Us.

1. Refunds
   
   1. When the eligible criteria is met, you will be issued with a refund as soon as is reasonably possible, and in any event within 14 calendar days of the date on which the Contract is cancelled, and or/ 14 calendar days of the day on which the event triggering the refund occurs.
   2. Refunds under this Clause 15 will be made using the same payment method that you used when purchasing the Goods.

1. Licence
   
   1. When you purchase the Goods, We will grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to use the Goods for your own personal purposes.  The licence granted to you does not give you any other rights in Our Goods .
   2. The Goods are for personal, non-commercial use only. Redistribution, sale, or any form of commercial exploitation of the Goods is strictly prohibited without prior written consent from us.
   3. You are not permitted to modify, reproduce or create derivative works of the Goods in any manner whatsoever beyond the original intended use.  Unauthorised copying or reproduction of the Goods is strictly prohibited.
   4. You must retain all copyright notices, trade marks and other proprietary notices contained on the Goods or its packaging.  Removal or alteration of these notices is not permitted.
   5. The terms of this clause 16 shall survive the termination of the Contract.
2. Ending the Contract Because of Something We Have Done (or Will Do)
   
   1. You may end the Contract if We have informed you of a change to your Goods or to these Terms that you do not agree to.  If the change happens before you receive your order, We will refund You.  
   2. You can cancel immediately if there’s a significant delay due to events outside of Our Control and a refund will be issued.
   3. Cancellation by email or post is effective from the date on which You send Us the correspondence. To cancel, please contact Us using the following details:

Email: schoolwellbeingcards@outlook.com; or Post: Station View House, 41 Brunswick Road, Shoreham-By-Sea, West Sussex, BN43 5WA. In each case, providing Us with your name, address, email address, telephone number, and Order Number.

1. Our Liability
   
   1. Subject to sub-Clause 18.3, We will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, interruption to business, for any loss of business opportunity, or for any indirect or consequential loss arising out of or in connection with any contract between you and Us.
   2. Subject to sub-Clause 18.3, Our total liability to you for all other losses arising out of or in connection with any contract between you and Us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be 100% of the total sums paid by you under the contract in question.
   3. Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); for fraud or fraudulent misrepresentation; or for any other matter in respect of which liability cannot be excluded or restricted by law.

18.4 Disclaimer: All our Goods are designed to provide positive communication and support for children. They are not intended to replace professional psychological, psychiatric, or medical advice, diagnosis, or treatment. Individuals should seek the advice of their healthcare provider on behalf of the child regarding any mental health concerns or conditions.  Our Goods should be used as a supplementary tool to enhance well-being. If you or the child using the Goods experience any distress or negative emotions while using any of our Goods, you should discontinue use and consult with a mental health professional.  The effectiveness of our Goods can vary from person to person. We do not guarantee specific outcomes or results. We disclaim any and all liability to you for any direct, indirect, implied, punitive, special, incidental or other consequential damages arising directly or indirectly from any use of the Goods, which is provided as is and without warranties.

1. Events Outside of Our Control (Force Majeure)
   
   1. We will not be liable for any failures or delays caused by events outside of Our control (for example, natural disasters or acts of terrorism – this list is not exhaustive).  
   2. If a Force Majeure event occurs:
      1. We will inform you as soon as is reasonably possible;
      2. We will take all reasonable steps to minimise the delay;
      3. If We can’t minimise delays, We may suspend Our obligations and extend Deadlines accordingly;
      4. We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Goods as necessary;
      5. If the event outside of Our control continues for more than one month We will cancel the Contract and inform You; and
      6. If the Force Majeure event lasts longer than one month, You are able to cancel the Contract if You wish. To do so, You can contact Us on the following details:

Email: schoolwellbeingcards@outlook.com; or Post: Station View House, 41 Brunswick Road, Shoreham-By-Sea, West Sussex, BN43 5WA. In each case, providing Us with your name, address, email address, telephone number, and Order Number.  

1. Communication and Contact Details
   
   1. If you wish to contact Us with general questions or complaints, or for matters relating to the Goods, you may contact Us by email at schoolwellbeingcards@outlook.com, or by post at 41 Lavington Road, Worthing, BN14 7SL, United Kingdom.
2. How We Use Your Personal Information (Data Protection)
   
   1. All personal data that We may use will be collected, processed, and held in accordance with the provisions of the Data Protection Legislation and your data privacy rights.
   2. For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy & Cookie Policy via the following link: https://www.schoolwellbeingcards.co.uk/privacy-policy
3. Other Important Terms
   
   1. We may transfer Our rights and responsibilities under these Terms of Sale to a third party. If this happens, We will inform you in writing. Your rights won’t change, and the third party will take over Our obligations.
   2. You cannot transfer Your rights and responsibilities under these Terms without Our written permission,
   3. This Contract is only between you and Us. It does not benefit anyone else, and no third party can enforce any part of these Terms of Sale.
   4. If any of the provisions of these Terms of Sale are found to be unlawful or unenforceable, the remaining provisions will still be deemed as valid and enforceable.
   5. If We delay or do not enforce any of Our rights under these Terms, this does not constitute to Us waiving those rights or any future rights.
   6. We may update these Terms of Sale in response to changes in relevant laws and other regulatory requirements.  
4. Law and Jurisdiction
   
   1. These Terms of Sale, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
   2. Any disputes concerning these Terms of Sale, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.

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