(1) Introduction
Please read these terms of sale carefully.
You will be asked to expressly agree to these terms of sale before you place an order for products or services from our website.
(2) Interpretation
In these terms of sale, “we” means Brainwaves Education (and “us” and “our” will be construed accordingly); and “you” means our customer or potential customer for products and services (and “your” will be construed accordingly).
(3) Order process
The advertising of products on our website constitutes an “invitation to treat”; and your order for services constitutes a contractual offer. No contract will come into force between you and us unless and until we accept your order in accordance with the procedure detailed below.
In order to enter into a contract to purchase products or services from us, you will need to take the following steps:
- you must add the products you wish to purchase to your shopping cart, and then proceed to the checkout;
- if you are a new customer, you must then create an account with us and log in; if you are an existing customer, you must enter your login details;
- once you are logged in, you must select your preferred method of delivery and confirm your order and your consent to these terms of sale;
- you must enter your payment details;
- we will then send you an initial acknowledgement; and
- once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.
We will not file a copy of these terms of sale specifically in relation to your order. We may update the version of these terms of sale on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of these terms of sale for your records.
The only language in which we provide these terms of sale is English.
Before you place your order, you will have the opportunity of identifying whether you have made any input errors by reviewing your order on the checkout page. You may correct those input errors before placing your order.
(4) The products
We provide a range of study skills, assessment services and instructional courses and events.
(5) Price and payment
Prices for products are quoted on our website. The website contains a large number of products and it is always possible that some of the prices on the website may be incorrect. We will verify prices as part of our sale procedures so that a product’s correct price will be stated when you pay for the product.
Payment must be made upon the submission of your order. We may withhold the products and/or cancel the contract between us if the price is not received from you in full in cleared funds.
The prices on the website include all value added taxes (where applicable).
Payment for all products must be made by credit or debit card using Stripe. In certain instances we shall accept payment by BACS or cheque from recognised educational establishments.
Prices for products are liable to change at any time, but changes will not affect contracts which have come into force.
If you are a School or Educational establishment, then from time to time we may agree to open an account for you, enabling you to pay in arrears. Where you hold an account, then upon or following the dispatch of products, we will send to you an invoice for payment of the price of those products, and you will pay such invoice within 30 days of the date of the invoice. Accounts will be subject to such credit limits as we may notify to you from time to time. If you do not pay any amount properly due to us under or in connection with these terms of sale on time, we may: charge you interest on the overdue amount at the rate of 8% per year above the base rate of HSBC Bank Plc from time to time (which interest will accrue daily until the date of actual payment, be compounded quarterly, and be payable on demand); or claim interest and statutory compensation from you pursuant to the Late Payment of Commercial Debts (Interest) Act 1998.
If you dispute any payment made to us you must contact us immediately and provide full details of your claim. If you submit an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of the charge-back: (i) an amount equal to the amount of the charge-back; (ii) all third party expenses incurred by us in relation to the charge-back (include charges made by our or your bank or payment processor or card issuer); (iii) an administration fee of GBP £15; and (iv) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this paragraph (including without limitation legal fees and debt collection fees).
Without prejudice to our other rights, if you submit an unjustified credit card, debit card or other charge-back, then we may terminate any contracts between you and us under these terms of sale by giving you written notice of termination.
For the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back.
(6) Your warranties
You warrant to us that:
- you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these terms of sale;
- the information provided in your order is accurate and complete; and
- you will be able to accept delivery of the products, and attend the date given for services.
(7) Delivery policy
We will only deliver our Educational services within England and Wales.
(8) Consumers: returns policy
This Section applies to consumers, not business customers. If you are a business customer, the applicable returns policy is set out in Section 12.
Under the Distance Selling Regulations, you may cancel a distance contract to purchase a product or products from us at any time within 7 working days after the day you received the relevant products or products (subject to the limitations set out below).
In order to cancel a contract in this way, you must give to us written notice of cancellation.
You will not have any such right insofar as a contract relates to: (i) the supply of any products which constitute audio or video recordings or computer software which have been unsealed by you; (ii) the supply of products the price of which is dependent upon fluctuations in financial markets which we cannot control; (iii) the supply of newspapers, periodicals or magazines; (iv) the supply of goods made to your specifications or clearly personalised; or (v) the supply of goods which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly.
If you cancel a contract on this basis, you must promptly return the products to us, in the same condition in which you received them.
If you cancel a contract on this basis, you will be refunded in full (including the cost of sending the products to you). However, you will be responsible for paying the cost of returning the product to us.
If you cancel a contract on this basis and you do not return the products to us, we may recover the products and charge you for the costs we incur in doing so. Similarly, if you return the products at our expense, we may pass that expense on to you.
(9) Consumers: statutory rights
If you are a consumer, any statutory rights which you have, which cannot be excluded or limited, will not be affected by the terms of sale.
(10) Business customers: limitation of warranties
This Section applies only to business customers, not consumers.
We warrant to business customers that the products purchased from our website will:
- conform in all material respects to any applicable specification of such products published on our website / issued by us;
- be free from material defects in materials and workmanship for a period of 1 year from the date of delivery of the products.
These terms of sale set out the full extent of our obligations and liabilities in respect of the products supplied to business customers hereunder. To the maximum extent permitted by applicable law and subject to the first paragraph of Section 15, all conditions, warranties or other terms concerning the products which might otherwise be implied into a contract with a business customer under these terms of sale are expressly excluded.
(11) Refunds
If you cancel a contract and are entitled to a refund, (see specific terms by product below) we will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as possible and, in any event, within 30 days of the day we received your valid notice of cancellation. An administration fee of £15.00 normally applies.
(12) Force majeure
In this Section , “force majeure event” means:
- any event which is beyond our reasonable control;
- the unavailability of raw materials, components or products; and/or
- power failure, industrial disputes affecting any third party, governmental regulations, fires, floods, disasters, civil riots, terrorist attacks or wars.
Where a force majeure event gives rise to a failure or delay in us performing our obligations under these terms of sale, those obligations will be suspended for the duration of the force majeure event.
If we become aware of a force majeure event which gives rise to, or which is likely to give rise to, any failure or delay in us performing our obligations under these terms of sale, we will notify you forthwith.
We will take reasonable steps to mitigate the effects of the any force majeure event.
(13) Limitations and exclusions of liability
Nothing in the terms of sale will: (a) limit or exclude the liability of a party for death or personal injury resulting from negligence; (b) limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party; (c) limit any liability of a party in any way that is not permitted under applicable law; or (d) exclude any liability of a party that may not be excluded under applicable law. If you are a consumer, any statutory rights which you have, which cannot be excluded or limited, will not be affected by the terms of sale.
The limitations and exclusions of liability set out in this Section and elsewhere in the terms of sale: (a) are subject to the preceding paragraph; (b) govern all liabilities arising under the terms of sale or in relation to the subject matter of the terms of sale, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
We will not be liable to you in respect of any losses arising out of a force majeure event.
We will not be liable to you in respect of any business losses, such as loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
If you are a business customer, we will not be liable to you in respect of any loss or corruption of any data, database or software.
If you are a business customer, we will not be liable to you in respect of any special, indirect or consequential loss or damage.]
(14) Business customers: indemnity
If you are a business customer, you hereby indemnify us and undertake to keep us indemnified against all and any liabilities, losses, damages, expenses and costs (including legal expenses and amounts paid in settlement of any demand, action or claim) arising, directly or indirectly, out of a breach by you of any of your obligations under these terms of sale.
(15) Contract cancellation
Assessment Bookings: Cancellation and rebooking
Please be aware that if for any reason you need to cancel or re-book an Assessment booking our following terms and conditions below will apply:
For cancellations , an administration fee of £50 will be charged and deducted from your deposit payment. The deposit balance will then be refunded to you.
If you need to change your appointment date within 7 days, an administration fee of £50 will charged and deducted from your deposit payment. The balancing payment is required on the day of assessment and will increase by £50 to cover this charge. In some cases it may be possible for us to offer your cancelled appointment to another client at short notice. If this is the case we may be able to reduce or waive the administration fee.
If less than 24 hours’ notice is given when cancelling an appointment the full assessment fee will be charged, unless another client’s assessment can be brought forward to your booking and your assessment is rebooked. An Administration charge of £50 will also be added to the assessment fee if you wish to rebook the appointment for a later date. In these instances you will also be required to pay for the assessment in full prior to the new appointment.
Training and consultation bookings in Schools and Colleges
Please be aware that if a training event or consultation booking in a school is cancelled by the client, subject to the time periods shown below a percentage of full fee will be charged.
Cancellation: Within 14 days (excludes holiday periods) – 100% charge
If less than one full half terms notice is given 50% of the fee is charged.
Example – a cancellation charge of 50% will be incurred if a training day booked for during the first half term of the Spring Term is cancelled after the last teaching day for the first half term in the previous autumn term.
If less than one full terms notice is given 20% of the fee is charged
Example – a cancellation charge of 20% will be incurred if a training day booked for during the first half term of the Spring Term is cancelled after the last teaching day for previous Summer Term.The term/half term dates used to calculate the cancellation fee are taken from the school/college published term dates for the academic years in question.
Consultation appointments
Please be aware that if for any reason you need to cancel or re-book a consultation appointment, depending on the notice given a percentage of the full fee will be charged. The information below shows the cancellation charge depending on when you contact us to cancel or rebook.
A) Less than 24 hours before the appointment (excludes weekends) – 100% of the fee will be charged unless we can fill the appointment by offering it to another client at short notice, if so this will be reduced to an administration charge of £25.00
B) 2-5 days’ notice before the lesson date (excludes weekends) – 50% of the lesson fee will be charged unless we can fill the session by offering it to another client, if so this will be reduced to an administration charge of £25.00
Study Skills bookings
If for any reason you need to cancel a study skills session once you have booked and paid for online, and depending on the notice given, we may be able to re advertise and fill your cancelled slot.
If your cancelled slot is rebooked you will be offered a refund, less an administration charge of £15:00.
If we are unable to rebook your cancelled session the full study skill fee will be charged.
For this reason we strongly recommend you do not book a study skill session too far in advance.
If you would like to be added to our ‘short term notice’ for your child for cancelled study skill session, please e mail [email protected] with your name, your child’s name and the phone number you can be contacted on at short notice.
If you have any queries regarding these terms and conditions please contact us on [email protected] and include the date of your appointment.
(16) General terms
We will treat all your personal information that we collect in connection with your order in accordance with the terms of our privacy policy; use of our website will be subject to our website terms of use.
Contracts under these terms of sale may only be varied by an instrument in writing signed by both you and us. We may revise these terms of sale from time-to-time, but such revisions will not affect the terms of any contracts which we have entered into with you.
If any provision of these terms of sale is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted.
No waiver of any provision of these terms of sale, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these terms of sale.
You may not assign, charge, sub-contract or otherwise transfer any of your rights or obligations arising under these terms of sale. Any attempt by you to do so will be null and void. We may assign, charge, sub-contract or otherwise transfer any of our rights or obligations arising under these terms of sale, at any time – providing where you are a consumer that such action does not serve to reduce the guarantees benefiting you under these terms of sale.
Each contract under these terms of sale is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under such contracts is not subject to the consent of any person who is not a party to the relevant contract.
Subject to the first paragraph of Section 15: these terms of sale contain the entire agreement and understanding of the parties in relation to the purchase of products from our website, and supersede all previous agreements and understandings between the parties in relation to the purchase of products from our website; and each party acknowledges that no representations not expressly contained in these terms of sale have been made by or on behalf of the other party in relation to the purchase of products from our website.
These terms of sale will be governed by and construed in accordance with English law, and the courts of England and Wales will have non-exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms of sale.
(17) About us
Our full name is Brainwaves Education Limited.
Our registered office is Top Barn,Rectory Road,Steppingley Bedford MK45 5AT,
and our principal trading address is 4C Clockhouse Farm, Cavendish Lane, Glemsford Suffolk CO10 7PZ.
Our company registration number is 04655110
Our email address is [email protected]
