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In these terms, we'll use these phrases:
- 'Crocodile Clips', 'We', 'Our', 'Us': Crocodile Clips Ltd, a company incorporated and registered in Scotland under company number 167331, with its registered office and main trading address at 43 Queensferry Street Lane, Edinburgh, EH2 4PF, and VAT number GB 658 4999 59.
- 'Website': the websites www.yenka.com, www.crocodile-clips.com and www.absorblearning.com, all owned by Us
- 'Product': software and hardware products and services made available for sale by Us through Our Websites
- 'You' or 'Your': the user of one of our Websites wishing to make a purchase of a Product
This page (together with the documents referred to on it) gives the terms and conditions on which you can use our websites, including the terms on which we supply any of our products to you.
Please read these terms and conditions carefully before using our websites, and before ordering any Products from our websites. By ordering any of our Products on our website, you show that you agree to be bound by these terms and conditions.
- General terms
- Using our websites shows that you accept the terms and conditions in effect at that time.
- We may change these terms and conditions at any time. If we do, the changes will take effect when we have posted them on the website.
- If you are using our websites, you confirm that you have authority to bind any business on whose behalf you use this website.
- To use some of our services, you will need to register and log in to the site. Information that you provide on this website must be accurate and complete. Password details are accepted and may be withdrawn at our sole discretion, are exclusive to you and non-transferable, and must be treated as strictly confidential at all times. If you have any concerns regarding your login details, you must inform us immediately.
- Where we link on our websites to the websites of other companies, whether affiliated with us or not, we cannot give any undertaking or warranties on behalf of those companies or their products.
- Ordering Products from Crocodile Clips
- You can order our software using the order form at http://www.yenka.com/order/form.action.
- By ordering from us, you confirm that you are legally able to enter a binding contract, and at least 18 years old.
- Orders you submit to us are subject to acceptance by us.
- When you submit your order to us online, we will send you an acknowledgement e-mail, which lists the products you have ordered. Please note that, at this point, your order has not yet been accepted by us, and no contract has yet been formed between you and us.
- Whether you submit your order to us online, or by other means, we will confirm its acceptance when we process it. At this point, we will send you the setup instructions and licence details for the product you have ordered, or a similar notice indicating that your order has been accepted, by e-mail. This is when a contract for the transaction will be formed between you and us.
- Please note that we don't offer a record of orders you have placed on our website, so you should print out these terms and conditions, and the acknowledgement e-mail.
- Payment
- If you are ordering products on behalf of a recognised UK school, you can choose to be invoiced for payment. In this case, we will send you an invoice by e-mail, for payment within 30 days.
- If you are not ordering on behalf of a recognised UK school, we will require payment in full before we process your order. Payment options will be given when we acknowledge your order.
- In cases where we accept a credit card payment, we will take payment from your card at the time we receive your order, once we have checked your card details and availability.
- If we are unable to supply the products you have ordered, we will tell you as soon as possible. If we have accepted any payment from you, we will give you a full refund.
- Ownership of the products will only pass to you when we receive full payment of all sums due in respect of the Products.
- We will take all reasonable care to keep your order and payment details secure, but purchases from our website are at your own risk.
- Prices
- All prices and delivery costs on our website are quoted in British pounds.
- These prices include VAT unless stated otherwise. Delivery costs will be added to the total amount due.
- We may change the prices at any time, but these changes will not affect orders which we have already accepted.
- If there is a price error on our website,
- if the correct price is less than the price stated on our website, we will charge the lower amount.
- if the correct price is higher than the price stated on our website, we will normally, at our discretion, either contact you for instructions before processing the order, or reject your order and notify you.
- If a pricing error is obvious and could have reasonably been recognised by you as a mis-pricing, we are under no obligation to provide a product to you at the incorrect price, even after we have accepted your order.
- Payment for all products purchased by individuals must be made through the third-party online payments service, by credit or debit card. Your credit or debit card will not be charged until we despatch your order.
- Import duties and taxes
- If you order Products from our website, whether physical or non-physical, for delivery outside the UK, they may be subject to import duties and taxes.
- You will be responsible for payment of any such import duties and taxes.
- We have no control over these charges and cannot predict their amount.
- You should contact your local customs office for further information about these charges before placing your order.
- Refunds
- If your product is defective, you should inform us within twenty-eight (28) days of its delivery, otherwise you shall be deemed to have accepted it, and will not be able to return it.
- If you return a product to us, we will examine it and will notify you of your eligibility for a refund within a reasonable period of time.
- If you are eligible for a refund, we will usually refund you as soon as we can by the same method you used to pay originally.
- You should check the system requirements given on our website for any products you wish to order from us. To be sure that the product will work with your systems, you should also run the trial or sample version provided for that product, on the systems with which you intend to use the product, before purchasing.
- Our Liability
- Products purchased through our website shall be of satisfactory quality.
- Our liability in connection with any Product purchased through our website is strictly limited to the purchase price of that Product. This does not include matters for which it would be illegal for us to limit or exclude our liability.
- We accept no liability for any loss or damage of any kind, however it arises, and however it was caused, even if foreseeable.
- You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable for any breach by you of any such laws.
- Communications
- You accept that communication with us will be mainly electronic, and that this complies with any legal requirement that such communications be in writing.
- We will contact you by e-mail or provide you with information by posting notices on our website.
- Any notices given by you to us must be given in writing to Crocodile Clips Ltd at 43 Queensferry Street Lane, Edinburgh, EH2 4PF or sales@crocodile-clips.com.
- We may give notice to you via our website, via the online payments service, or at the e-mail or postal address you provide to us.
- Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three (3) days after the date of posting of any letter.
- To prove that a notice has been served, it will be sufficient to demonstrate that, in the case of a letter, it was properly addressed, stamped and placed in the post; and, in the case of an e-mail, that it was sent to the specified e-mail address of the addressee.
- Other terms
- You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
- We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
- Contracts between you and us are binding on both parties, and on any respective successors and assignees.
- We will not be liable for any failure or delay in performing any of our obligations if it is caused by events outside our reasonable control, including - but not limited to - industrial action, civil unrest, terrorism, war, natural disaster, transport or communication failure, or government legislation.
- If we fail to exercise any of our rights under the Contract, this does not have the effect of waiving those rights, or your obligations.
- A waiver for any of these terms and conditions can only be given by us, in writing.
- If any of these terms and conditions shall be found to be invalid, this shall not affect the other terms and conditions, which shall remain in full force. If that term would be valid if part of it were deleted, it shall apply with any modification(s) needed to make it valid.
- These terms and conditions, and any document referred to in them, represent the entire agreement between you and us in relation to the subject matter of any contract. They supersede any prior understanding between us.
- We each acknowledge that, in entering into a contract, neither of us has relied on any representation given or implied by the other prior to the contract being formed, except as expressly stated in these terms and conditions.
- Neither party shall have any remedy in respect of any untrue statement made by the other before the contract was formed, unless it was made fraudulently. Each party's only remedy shall be for breach of contract, as provided in these terms and conditions.
- We have the right to revise and amend these terms and conditions from time to time.
- When you use our websites or order from us, you will be subject to the terms and conditions in force at that time, unless we notify you of a change before we accept your order.
- Contracts for the purchase of Products through our website will be governed by Scots law.
- Any dispute related to these contracts shall be subject to the non-exclusive jurisdiction of the Scottish courts.
If you have any questions concerning the terms and conditions please contact us at:
Crocodile Clips Ltd
43 Queensferry Street Lane
Edinburgh EH2 4PF
Scotland, UK
Phone: +44 (0) 131 226 1511
Fax: +44 (0) 131 226 1522
E-mail: sales@crocodile-clips.com