Terms & Conditions
Terms & Conditions
1.1 What these terms cover. These are the terms and conditions on which we supply printed products to you, through our online platform e4Print. No other terms are implied by trade, custom, practice or course of dealing.
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.
1.3 Entire agreement. These terms and conditions are the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the terms and conditions and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
1.4 Language. These terms and our agreement are made only in the English language.
1.5 Your copy. You should print a copy of these terms or save them to your computer for future reference.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are NCFE, a charitable company limited by guarantee registered in England and Wales. Our company registration number is 02896700, our registered charity number is 1034808 and our registered office is at Q6 Quorum Park, Benton Lane, Newcastle Upon Tyne, NE12 8BT. Our registered VAT number is GB 297530960.
2.2 How to contact us. You can contact us by telephoning our customer service team at 0191 240 8839 or by writing to us at learningresources@ncfe.org.uk or Q6 Quorum Park, Benton Lane, Newcastle Upon Tyne, NE12 8BT.
2.3 How we may contact you. If we have to contact you about our agreement with 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.
3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it (not when you submit your order online), at which point a contract will come into existence between you and us and that contract will be on these terms.
3.2 If we cannot accept your order. If we are unable to accept your order for whatever reason, we will inform you of this in writing and will not charge you for the product. This might be because for example the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, the printing company we have engaged is unable to accept the request to print the products you have requested, 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.
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.
5. Your rights to make changes
5.1 Changes before you order. Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order and any specification submitted by you is complete and accurate.
5.2 Changes after you order. If you wish to make a change to the product you have ordered, please contact us as soon as you can. We will let you know if the change you have requested 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. Please note that it is not possible to make any changes to your order of a print on demand product once we have accepted your order.
6.1 Changes to the products. We may change the product:
6.1.1 As necessary to reflect any changes in relevant laws and regulatory requirements, which may have a minor impact on the information provided in the products or in the way in which they are presented or formatted; and
6.1.2 to implement minor technical adjustments and improvements, for example to improve formatting or functionality of products. These changes will not materially affect the content of the product you have ordered.
7.1 Delivery costs. The costs of delivery will be as displayed to you from time to time 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. If the products are print on demand products, these are likely to take longer to deliver because an order for the item to be printed will only be submitted once we have confirmed your order.
7.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control (including, for example, due to a delay in the products being printed by a third party which we cannot 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.
7.4 International delivery. We do accept orders from outside of the UK, but this will incur additional delivery costs to those automatically calculated on the print portal. You will be contacted by NCFE before the order is processed if this is the case. There are restrictions on some goods for certain international delivery destinations, so please review the information on that page carefully before ordering the products. If you order products from our site for delivery to one of our international delivery destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges, and we cannot predict their amount and you will be responsible for payment of any such import duties and taxes.
7.5 If you are not available when the product is delivered. We organise delivery through a third party delivery company (details of which will be notified to you on acceptance of your order), who may contact you and make arrangements for delivery in line with their standard processes and procedures. If no one is available at your address to take delivery the delivery company will deal with this in accordance with their own procedures and any issue that you have in relation to delivery is a matter between you and that company.
7.6 Delayed or failed delivery. As delivery is not provided by us, but by a third party delivery provider, in the first instance, any available recourse should be sought directly with the company given responsibility for delivering the product. If that course of action has been unsuccessful, you may contact us and in our absolute discretion we may contact the delivery company on your behalf and/or re-issue the product for delivery. If you are responsible for delayed or failed delivery, as a consequence of not collecting the products or if, after a failed delivery to you, you do not re-arrange delivery or otherwise arrange to collect them, we (or the delivery company) will contact you for further instructions and you may be charged for storage costs and any further delivery costs. If, despite reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and Clause 10.3 will apply.
7.7 When you become responsible for the products. A product will be your responsibility from the time we deliver the product to the address you gave us, or you collect it from us.
7.8 When you own products. You own a product once we have received payment in full, including all applicable delivery charges.
7.9 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, any information needed for a customised print order to enable the order to be customised. If so, this will have been stated in the description of the products on our website. We will contact you in writing to ask for this information, where this information is not requested and provided at the point the order is submitted. 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 (and Clause 10.3 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
8. Your rights to end the contract
8.1 You can end your contract with us in certain circumstances. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
8.1.1 If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product replaced or to get some or all of your money back), see Clause 12;
8.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see Clause 8.2;
8.1.3 In all other cases, see Clause 8.3.
8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at 8.2.1 to 8.2.4 below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
8.2.1 we have told you about an error in the price or description of the product you have ordered, and you do not wish to proceed;
8.2.2 there is a risk that supply of the products may be significantly delayed because of events outside our control;
8.2.3 we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than one month; or
8.2.4 you have a legal right to end the contract because of something we have done wrong.
8.3 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault, in some circumstances you can still end the contract before it is completed, but you may have to pay us compensation. Please note this right to end the contract does not apply in relation to any products you have ordered which are print on demand. A contract for goods is completed when the product is delivered and paid for. If you want to end a contract before it is completed where we are not at fault, you will need to contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we have and/or will incur as a result of your ending the contract.
9. How to end the contract with us
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following and confirm the reason you wish to end the contract:
9.1.1 Phone or email. Call customer services on 0191 240 8839 or email us at learningresources@ncfe.org.uk. Please provide your name, home address, details of the order and, where available, your phone number and email address.
9.1.2 By post. Write to us at Q6 Quorum Park, Benton Lane, Newcastle Upon Tyne, NE12 8BT, including details of what you bought, when you ordered or received it and your name and address.
9.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them, post them back to us at Q6 Quorum Park, Benton Lane, Newcastle Upon Tyne, NE12 8BT or (if they are not suitable for posting) allow us to collect them from you. Please call customer services on 0191 240 8839 or email us at learningresources@ncfe.org.uk for any further information required., Please note, save where Clause 8.1.1 applies, we are unable to accept the return of any products you have ordered which are print on demand.
9.3 When we will pay the costs of return. We will pay the costs of return:
9.3.1 if the products are faulty or misdescribed; or
9.3.2 if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, 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.
In all other circumstances you must pay the costs of return.
9.4 What we charge for collection. If you are responsible for the costs of return and the product is being returned by a third party delivery company, we will charge you the cost to us of that return.
9.5
How we will refund you. We will refund you the price you paid for the
products including delivery costs, by the method you used for payment. However, we may make deductions from the
price, as described elsewhere in these terms. Please note, save where clause 8.1.1 applies, the entitlement to a refund does not apply in relation to any products you have ordered which are printed on demand.
9.6 When your refund will be made. We will make any refunds due to you within 30 days of receipt of a notice delivered in accordance with Clause 9.1, or upon receipt of the goods being returned pursuant to Clause 9.2 (if applicable), whichever is the later.
10. Our rights to end the contract
10.1 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:
10.1.1 you do not make any payment to us when it is due, and you still do not make payment within 30 days of us reminding you that payment is due;
10.1.2 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, any customisation or other information required for us to print the product specifically for you;
10.1.3 you commit a material breach of any term of the contract and (if such a breach is remediable) fail to remedy that breach within 30 days of you being notified in writing to do so;
10.1.4 you take any step or action in connection with you entering administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;
10.1.5 you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or
10.1.6 your financial position deteriorates to such an extent that in our opinion your capability to adequately fulfil your obligations under our agreement has been placed in jeopardy.
10.2 Termination of our agreement shall not affect your or our rights and remedies that have accrued as at termination.
10.3 You must compensate us if you break the contract. If we end the contract in the situations set out in Clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract, including any costs charged to us by a third party.
10.4 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 refund any sums you have paid in advance for products which will not be provided.
11. If there is a problem with the product
11.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 0191 240 8839 or write to us at learningresources@ncfe.org.uk or Q6 Quorum Park, Benton Lane, Newcastle Upon Tyne, NE12 8BT.
12.
YOUR
RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS
12.1 We warrant that on delivery any products we shall:
12.1.1 conform in all material respects with their description;
12.1.2 be free from material defects in design, material and workmanship;
12.1.3 be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
12.1.4 be fit for any purpose held out by us.
12.2 Subject to Clause 12.3, if:
12.2.1 you give us notice in writing within a reasonable time of discovery that a product does not comply with the warranty set out in Clause 12;
12.2.2 we are given a reasonable opportunity of examining such product; and
12.2.3 you return such product to us at our cost,
we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.
12.3 We will not be liable for a product's failure to comply with the warranty in Clause
12 if:
12.3.1 you make any further use of such product after giving a notice in accordance with Clause 12;
12.3.2 the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;
12.3.3 the defect arises as a result of us following any drawing, design or specification supplied by the Customer;
12.3.4 you alter or repair the product without our written consent; or
12.3.5 the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
12.4 Except as provided in this Clause 12, we shall have no liability to you in respect of a product's failure to comply with the warranty set out in Clause 12.
12.5 These terms shall apply to any repaired or replacement products supplied by us under Clause 12.
13.1 Where to find the price for the product. The price of the product (excluding VAT) will be the price indicated 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. However please see Clause 13.3 for what happens if we discover an error in the price of the product you order. The price including VAT will be shown on the invoice provided. The price of the products does not include delivery charges. The delivery charges are as advised to you during the check-out process before you confirm your order.
13.2 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.
13.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
13.4 When you must pay and how you must pay. We accept payment by the methods listed on the invoice we will provide to you. We will invoice you on the 1st of each month for the products purchased by you in the previous month. You must pay each invoice within 30 days after the invoice (or any earlier payment terms specified on the invoice).
13.5 Our right to set-off. You must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
13.6 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 a rate notified to you before the charge of interest commences. 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.
13.7 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. Please see Clause 13.8 on how disputes will be resolved.
13.9 Resolving disputes: if you have a dispye or complaint about your order, our complaints procedure will apply in the first instance ( which is available by contacting us in line with clause 2.2). If the dispute cannot be resolved through our complaints procedure, we will then offer you the possibility of an alternative dispute resolution (ADR) procedure. ADR is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. Further details about that procedure, including the name and website address for the ADR provider, will be provided to you if the complaints procedure is exhausted and the dispute remains outstanding. Details of any available online dispute resolution platform will also be given to you at that stage.
14. Our responsibility for loss or damage suffered by you
14.1 Nothing in these terms shall limit or exclude our liability for:
14.1.1 death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
14.1.2 fraud or fraudulent misrepresentation;
14.1.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
14.1.4 defective products under the Consumer Protection Act 1987; or
14.1.5 any matter in respect of which it would be unlawful for us to exclude or restrict liability.
14.2 Except to the extent expressly stated in Clause 12.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
14.3.1 we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
14.3.2 our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for products under such contract.
15. How we may use your personal information
How we may use your personal information. We will only use your personal information as set out in our Privacy Notice at https://www.ncfe.org.uk/legal-information .
16.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
16.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in advance and in writing.
16.3 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.
16.4 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.
16.5 Even if we delay enforcing any term of 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.
16.6 Which laws apply to this contract and where you may bring legal proceedings. Any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.