1.2 We reserve the right to update these Terms from time to time at our discretion. If we do so, the updated version will be effective as soon as it is accessible. We recommend that you review these Terms before every purchase that you make.
2.1 Products on this Site are available to purchase only by schools and other educational establishments within the United Kingdom. If you do not represent a school or other educational establishment, or are located outside of the United Kingdom, please contact us at firstname.lastname@example.org to discuss your requirements.
2.2 By placing an order on the Site, you confirm that you are authorised to make a legally binding contract for the school or educational establishment that you represent. Proof of identity may be required. You must make sure that all information you provide to us, including contact name, educational establishment, email and delivery address is accurate and complete.
2.3 The description of the Products is set out on the Site. You agree that you have not relied upon any statement, promise or other representation about the Products whether made by us orally or otherwise, or made by any third party, including a manufacturer of the Products. In particular, you agree that neither Thinkspace nor the manufacturers of the Products warrant that the Products are fit for any particular purpose. It is your responsibility to determine whether or not the Products are suitable for the needs of your school or other educational establishment as the case may be.
2.4 All samples, descriptive matter and advertising and any descriptions or illustrations of the Products are issued or published for the sole purpose of giving an approximate idea of the Products described in them. They will not form part of these Terms and this is not a sale by sample.
2.5 All Products are subject to availability. We will inform you as soon as possible if all or any of the Products you have ordered is not available and we may offer alternative Products of equal or higher quality and value.
3.1 When you place an order on the Site you must pay to us a non-refundable deposit of £100. Once the non-refundable deposit has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide in the order form. Our acceptance of your order brings into existence a legally binding contract between us.
3.2 Following acceptance of your order, we will contact you to discuss your order, including to confirm the total fee due and potential delivery dates. We shall then invoice you for the cost of your Products less the deposit paid. Invoices are due in full and cleared funds without set-off or counterclaim, within 30 days of receipt. If we do not receive payment of all sums due by the due date, we shall be entitled (a) to claim costs and interest under the Contract (Late Payments of Commercial Debts) Interest Act 1998; and/or (b) cancel your order without liability to you. Furthermore, we shall be under no obligation to deliver Products to you unless and until payment of the total price has been received in full and cleared funds.
3.3 We accept payment by debit and credit card.
3.4 The prices payable for Products and the costs of delivery are set out on the Site and are inclusive of VAT. We reserve the right to change the prices and costs of delivery at any time, provided that such changes shall not apply to any order already accepted.
3.5 Please note that, in order to minimise disruption, we aim to deliver during the half term break of a school or educational establishment. We will confirm the delivery date by email.
3.6 You must ensure that an authorised representative is at the delivery address at the date of delivery notified to you. If we are unable to deliver the Products at the date notified to you, we may charge you storage costs and require additional delivery fees before we are able to re-deliver the Products. If you do not contact us to re-arrange delivery within 10 days of the date of attempted delivery, we shall be entitled to re-sell the Products. We shall have no liability to you if there are any restrictions at the delivery address that mean that we are unable to deliver any Product into any particular building. Delivery is to a ground floor only.
3.7 Risk to and title in the Products shall transfer to you on delivery.
4.1 You must inspect the Products on delivery and notify us of any damaged Products or missing Products within 7 (seven) days from and including the date of delivery. The Products are deemed to be accepted if no notice is received within such time period.
4.2 If, after a valid notice of rejection has been given to us in accordance with these Terms, your conduct is inconsistent with such rejection, you shall be deemed to have accepted the Products.
4.3 We reserve the right to inspect the Products before we accept returned Products. If we are satisfied that the Products are damaged, or that there are missing Products, we shall arrange for a collection, and at our discretion, replace or repair the damaged or missing Products or refund the amount paid by you for the Products in question. SUCH REFUND, REPAIR OR REPLACEMENT SHALL BE DETERMINED BY US AND SHALL BE OUR SOLE LIABILITY IN RELATION TO ANY REJECTED PRODUCTS.
4.4 We will be under no liability or further obligation in relation to damaged or missing Products if (a) you fail to provide notice as set out above; (b) you make any further use of the Products following notice to us; (c) the damage arises from normal wear and tear or from any negligence or wilful damage; (d) you have attempted to repair the Products yourself.
5.1 We reserve the right to cancel the contract between us if (a) we have insufficient stock to deliver the Products you have ordered; (b) we do not deliver to your area; or (c) one or more of the Products you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
5.2 If we do cancel your contract we will notify you by e-mail and will refund you all sums paid by you but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
6.1 You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password.
6.2 The Site is made for your own use. You agree not to try to gain unauthorised access to the Site or any networks, servers or computer systems connected to the Site and/or reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble all or part of the Site save to the extent expressly permitted by law.
6.3 The copyright in all material contained in the Site including all information, data, text, images and software is owned by or licensed to us. All rights are reserved.
6.4 The Site may contain links to websites or apps operated by third parties. We do not have any influence or control over any such third party websites or apps and we are not responsible for and do not endorse any third party websites or apps or their availability or content.
6.5 We accept no responsibility for advertisements contained within the Site. If you agree to purchase products and/or services from any third party who advertises on the Site, you do so at your own risk. The advertiser, and not us, is responsible for such products and/or services and if you have any questions or complaints in relation to them, you should contact the advertiser.
6.6 We will use reasonable endeavours to make the Site available to you at all times. However, there may be occasions when access to the Site may be interrupted, including for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. We reserve the right to remove any products, content or features from the Site for any reason.
7.1 To the extent permitted by law, we will not be liable to you for any loss of profit, loss of business or opportunity or loss of reputation or for any indirect or consequential loss, damage or expenses whether or not advised of the possibility of the same and howsoever arising out of any order for Products or the Products themselves. Our maximum liability for any claim by you whatsoever, including breach of contract and tort including negligence or otherwise, shall be limited to the price paid for the Product that is the subject of the claim.
7.2 We shall have no liability to you for any failure to deliver Products you have ordered or any delay in doing so or for any damage or defect to Products delivered that is caused by any event or circumstance beyond our reasonable control including, strikes, lock-outs and other industrial disputes, supplier failure, breakdown of systems or network access, flood, fire, explosion or accident.
7.3 The Site is provided ‘as is’ and we accept no liability arising from your use of the Site and exclude all warranties and conditions in relation to the Site, whether implied by statute, common law or otherwise, including any warranty, term or condition as to accuracy, completeness, reliability, satisfactory quality, performance, fitness for purpose, availability and non-infringement.
7.4 Nothing in these Terms is intended to limit our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation of for any other liability that may not be excluded or limited by applicable law.
8.2 If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties and all other provisions shall remain in full force and effect.
8.3 Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
8.4 These Terms shall be governed by and construed in accordance with English law and you agree to submit to the exclusive jurisdiction of the English Courts.
Last updated: February 2017