1.1 “Buyer” means the individual or organisation who buys or agrees to buy the Goods from the Seller;
1.2 “Consumer” shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.3 “Contract” means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;
1.4 “Goods” means the articles that the Buyer agrees to buy from the Seller;
1.5 “Seller” means Early Years Wales, Unit 1, Coopers Yard, Curran Road, Cardiff, CF10 5NB that owns and operates www.earlyyears.wales;
1.6 “Terms and Conditions” means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Seller;
1.7 “Website” means www.earlyyears.wales
2.1 Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
2.2 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
2.5 Any complaints should be addressed to the Seller’s address stated in clause 1.5.
3.1 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
3.2 Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or request alternative product or cancel their order.
3.3 When making an order through the Website, the technical steps the Buyer needs to take to complete the order process are described in the Order Process section within the website.
All payment details which are entered through the online payment facility are encrypted when the customer, or third-party making payment, enters them. Communications to and from the Service Provider’s site are encrypted via an SSL certificate.
Early Years Wales at no time collects or stores any card details. The payment process is completed on a secure site provided by a third party. Early Years Wales shall not be liable for any failure by the person making payment to properly protect data from being seen on their screen by other persons or otherwise obtained by such persons, during the online payment process or in respect of any omission to provide accurate information in the course of the online payment process.
4 PRICE AND PAYMENT
4.1 The price of the Goods shall be that stipulated on the Website. The prices are inclusive of VAT and delivery charges are quoted according to the individual customer’s choice of service and the checkout stage of the order process. Contract customers will be agreed at time of order.
4.2 The total purchase price including delivery charges will be displayed in the Buyer’s shopping basket prior to confirming the order.
4.3 After the order is received the Seller shall confirm by email the details, description and price for the Goods.
4.4 Payment of the price plus VAT (if applicable) and delivery charges must be made in full before dispatch of the Goods.
5 RIGHTS OF SELLER
5.1 The Seller reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Seller shall make every effort to ensure prices are correct at the point at which the Buyer places an order.
5.2 The Seller reserves the right to withdraw any goods from the Website at any time.
5.3 The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.
6 MANUFACTURER’S GUARANTEE
6.1 Defective Items: You can always return items if they are defective, within 12 months of proof of date of purchase but please contact us first to discuss before returning as very often problems can be rectified over the phone.
7.1 Goods supplied within the UK will normally be despatched within 2-3 working days of acceptance of order. Every effort will be made to dispatch within the maximum time of 2-5 working days. Goods are dispatched by Royal Mail and service options are available at the check out stage. Please refer to UK Delivery options.
7.2 Goods supplied outside the UK will normally be dispatched within 2-3 working days of acceptance of order. However please note 5-10 working days must be allowed for overseas delivery. Goods are dispatched by Royal Mail International Signed For service. Please refer to international Delivery advice.
7.3 Where a special order/ specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified.
7.4 The Seller shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
7.5 Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
7.6 Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.
8 CANCELLATION AND RETURN
8.1 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller by e-mail or telephone within 7 working days of delivery if the Goods are damaged or are not suitable. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods.
8.2 As a consumer you have the right, in addition to your other rights, to cancel the Contract and receive a full refund by informing the Seller by e-mail or telephone within 7 working days of receipt of the Goods. However, the Buyer is liable for the cost of the return of the Goods to the Seller (unless the Goods are deemed faulty). Please refer to our Returns Policy.
8.3 At Early Years Wales we want you to have a great experience every time you shop with us. Occasionally though, we appreciate that you may want to return items for exchange etc, so please refer to our Returns Policy. We accept the return of all other items only if they are in their original condition without being activated and still in its original packaging. If you return goods, as detailed, within 30 days, we will issue a full refund for the price you paid for the item. Goods must be returned by the Buyer at the Buyer’s expense and should be adequately insured during the return journey.
8.4 Where returned Goods are found to be damaged due to the Buyer’s fault the Buyer will be liable for the cost of remedying such damage.
9 VIRTUAL MEMBER FORUMS AND TRAINING EVENTS
- We will confirm your booking for the event by email. If you have not heard from us, please contact [email protected] or telephone 029 2045 1242
- Registration information and entrance details will be emailed to you two days prior to the Online Event taking place.
- We cannot be held responsible for non-arrival of registration information. If you haven’t heard from us within 48 hours of the Event starting, please contact us on 029 2045 1242 or email [email protected]
- You must not share the entry details.
9.2 The Event
- Many events will be free to members or if a charge must be levied, this will be heavily discounted for members.
- Events are by invitation only.
- Events will be delivered using a digital platform i.e. Zoom, Teams or other. To participate, you must have internet access and the appropriate IT device to enable you to access the Event online. Early Years Wales does not accept any liability if you are unable to access the Event.
- We may decide beforehand that a recording is or is not appropriate and will notify participants during the booking process otherwise we may decide at a later date and participants will be informed at the start of the actual virtual event.
- We will ensure that recordings of any meetings are properly dealt with in line with our organisation’s GDPR/Data Protection Policy.
- We have the right to cancel or postpone the event due to unforeseen circumstances. Should this happen, we will email you on the contact details you have given to notify you.
- Early Years Wales reserves the right to alter or modify the advertised speakers and/or topics, if necessary. Any substitutions or alterations will be updated as soon as possible.
- If guest speakers permit, the Event will be recorded.
9.3 Privacy statement
- We use your information to provide, administer and improve our services and marketing to you, to process your membership, your orders, bookings, and your payments and to communicate with you.
- We will only contact your personal email address if we have your consent to do so. We collect this consent when you sign up to membership and/or make a booking with us.
- Information collected by us will be used by Early Years Wales only and not passed to third parties unless you have given consent, except where the product or service is delivered by a third party on our behalf, or we are obliged by law to do so. If those third parties are based outside the EU, we will ensure that their data processing activities are compliant with EU law. We will only keep data for as long as necessary.
9.4 Expected Behaviour
- Treat everyone with respect and consideration, valuing a diversity of views and opinions. Be mindful of your surroundings and of your fellow participants.
- Please follow any instructions given to improve the event experience for fellow participants such as muting microphones when not speaking or presenting.
10 MEMBER FORUM
10.1 Your responsibilities
- You are responsible for the content of your posts. Early Years Wales does not accept any liability for the content or accuracy of your messages.
- You are responsible for ensuring that any material you provide to the forum does not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third party.
10.2 By using the forum, you agree that you will not:
- post material promoting hatred or violence;
- link to or post explicit content;
- post libellous or defamatory comments;
- impersonate other users;
- advertise unrelated content and/or services;
10.3 The forum is monitored during business hours, Monday to Friday. We do not review every post before it appears on the forum. We reserve the right to amend or remove any content without reason or explanation. Requests for content to be removed or modified will be undertaken at our discretion.
10.4 Should Early Years Wales become aware of any activity that would be contrary to these Terms or determined to be unacceptable, then we reserve the right to take action including temporary or permanent removal of content and membership privileges. Where necessary we reserve the right to forward any incriminating material to the relevant authorities.
10.5 By using the forum, you are granting us with a non-exclusive, permanent, irrevocable, unlimited license to use, publish, or re-publish your content in connection with the forum. You retain copyright over the content.
11 LIMITATION OF LIABILITY
11.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
11.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller’s agents or employees.
No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
13 FORCE MAJEURE
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed, and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
15 CHANGES TO TERMS AND CONDITIONS
The Seller shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
16 INTELLECTUAL PROPERTY
Unless specified, the copyright in the contents of every page in this Website are owned by or licensed to Early Years Wales.
17 GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the law of England & Wales and the parties hereby submit to the exclusive jurisdiction of the courts of England & Wales.
The contents on the Early Years Wales website are owned or licensed to Early Years Wales or are used with permission by the owner. Reproduction is strictly by permission only.
19 VIEWS AND OPINIONS
The views and opinions expressed on this web site are solely those of the original authors and other contributors. These views and opinions do not necessarily represent those of Early Years Wales staff, suppliers, agents and/or any/all contributors to this site. Early Years Wales makes no representations as to accuracy, completeness, currentness, suitability, or validity of any information on this site and will not be liable for any errors, omissions, or delays in this information or any losses, injuries, or damages arising from its display or use. All information is provided on an as-is basis.