Terms & Conditions

Version 1.1
 
Last updated on the 7th August 2017.
 
In today’s world there is no getting around the long print.  We have tried to put the key points you need in our FAQs and in other bits of the website, but sadly they are not enough.
 
This section of the website will give you information about who we are, our relationship with you and the legal Terms And Conditions that apply to your interactions with EYFS Resources, including when you visit the website (www.eyfsresources.co.uk), browse, make enquiries, ask for a service or advice, seek training, use our social media/interaction platforms, place an order for products or services or generally get in touch.
 
You must read these Terms And Conditions carefully.  Whenever you interact with EYFS Resources you are confirming that you have read, understood and agree to these Terms And Conditions.
 
To help you find the information you are looking for we have divided the Terms And Conditions into different sections, but please make sure that you read them all.  Believe us when we tell you that we have really tried to make these as short as possible and written in a way that you can follow.
 
If you are unhappy about anything you read or there are things that you do not understand, let us know.  Such communication will help us to get better at serving you.  Get in touch!
 
We might change things in this section from time-to-time and without giving you notice, business moves fast.  Any amendments or additions will be made in the spirit of our mission to you and our desire to improve the childcare environment fairly and for everyone who has a stake in its success.  If we do update or revise anything the changes will be on this page.  They will not be made to catch you out; so as time is precious, to help you recognise any changes and to make it easy for you to know that you are fully familiar with the most up-to-date version we will put a date and version number at the top of this page, so you can see when the Terms And Conditions were last checked and revised.  Don’t forget it is your responsibility to regularly check this page to see if there have been changes and to consider whether you still agree to them.  We know it might be considered a pain but we do advise that you print a copy of these Terms And Conditions for future reference, so that you can be fully aware of what you have agreed to and when.
 
If you use our services or website after any revisions have been made to these Terms And Conditions, your continued use will indicate that your full acceptance of any changes.  If you do not agree to follow these or any new Terms And Conditions, do not use or access (or continue to use or access) our services or website, and sadly we will have to say, ‘Goodbye.’
 
Unfortunately, the rest of this page gets a bit legalistic, no way round it we’re afraid.  The terms , ‘EYFSR’, ‘We’, ‘Our’ and ‘Us’, shall mean EYFS Resources Limited, the owner of this Website.  The terms ‘You’, ‘Yourself’ and ‘Your’ refer to you, our beloved customer, the user or viewer of this Website.  So let’s go!
 
 
1.  About Us
1.1 EYFS Resources is the trading name of EYFS Resources, Suite 2i, Houghton Barn Farmhouse, Altham Lane, Altham, Lancashire, BB5 5US, United Kingdom.  EYFS Resources is registered in England and Wales under company number 09267916.
 
 
2.  Our Services
2.1 EYFS Resources is a provider of a Website; printable early years resources; a personalisation service allowing printable and embroiderable items to be customised; an early years product development service; an advisory, consultancy and hands-on resource to early years businesses; early years news and information service; early years peer support network; early years on-line shop; training provider.  These are known as the ‘Service’ or ‘Services.’
 
2.2 We reserve the right to change pricing and availability in respect of any of the Services in this clause for any reason and without notice.
 
2.3 EYFSR is not responsible for non-delivery or technical limitations of the end user for any reason in respect of any of the Services in this clause.  You are strongly advised to contact Us should you have any difficulty in this respect.
 
 
3.  Personal Details
3.1 Certain aspects of the Services may require You to register and provide information about Yourself.  You agree to: (a) provide true, accurate, current and complete information about Yourself and any company that You represent as prompted by the relevant forms and requests, and (b) maintain and promptly update Your information (by emailing Us or maintaining any forum or associated member information) to keep it true, accurate, current and complete and We shall not be liable for any loss suffered by Your non-compliance with this provision.
 
3.2 The Internet is not a secure medium.  However, EYFSR will endeavour to protect all personal information collected through the Website in accordance with data protection standards.  Your privacy is incredibly important to Us.  EYFSR is a registered data controller, You can find additional information in our Privacy Policy.
 
3.3 You are responsible for maintaining the confidentiality of Your information, and all the activities that occur between You and Us.  You agree to: (a) immediately notify EYFSR of any unauthorised use of Your information or relationship between Yourself and Us, and (b) ensure that You exit from Your contact with Us at the end of each session.  EYFSR cannot and will not be liable for any loss or damage arising from Your failure to comply with these obligations.
 
 
4.  Your Conduct On The Website And Related Social Media Platforms
4.1 You can contribute to EYFSR in a variety of ways.  On the Website and its related social media platforms You are capable of posting comments for lawful, relevant, fair and appropriate opinion.  You acknowledge that all information, data (including personal data), text, software, music, sound, photographs, graphics, video, messages and other materials (‘Content’), whether publicly or privately transmitted, are the sole responsibility of the person from which such Content originated.
 
4.2 EYFSR accepts no liability for, and does not guarantee, the accuracy, integrity or quality of any Content placed on Our Website (in any manner specified in Clause 4.1 or otherwise) by You or any third party.
 
4.3 You acknowledge that by using the Service, there is a risk that You may be exposed to Content that You may find offensive, indecent or objectionable.  Please see section eight below titled ‘Content Problems’ for details of how to report such Content.
 
4.4 If You breach these Terms And Conditions You should be aware that a party aggrieved by the uploading of an Content which is, inter alia, defamatory or in breach of copyright, may take action and that this could result in data concerning Yourself, Your company and other data concerning Your identity being disclosed and You having to pay compensation to the person or company aggrieved.
 
4.5 You agree to not use the Service to:
4.5.1 Upload, post, email or otherwise transmit any Content that is unlawful, harmful, objectionable, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethically or otherwise discriminatory; harm or attempt to harm minors or any other person in any way;
4.5.2 Impersonate any person or entity, including, but not limited to, a EYFSR  employee or associate, guide or host, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
4.5.3 Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Website, Service or related social media platforms;
4.5.4 Upload, post, email or otherwise transmit any Content that You do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
4.5.5 Enter into any of Our email lists an email address that is not Your own where You know (or ought reasonably to know) that the recipient of the email would not wish to be contacted by Us;
4.5.6 Upload, use, ask Us to reproduce, post, email or otherwise transmit any Content that infringes any patent, trade mark, trade secret, copyright or proprietary rights (‘Rights’) of any party;
4.5.7 Upload, use, ask Us to reproduce, post, email or otherwise transmit any solicited or unauthorised advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of solicitation, except in those areas that are designated for such purpose;
4.5.8 Upload, use, ask Us to reproduce, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
4.5.9 In any way attempt to access, alter, de-compile, reverse engineer, destroy or otherwise tamper with any part of the Website, its software or system;
4.5.9 Disrupt the normal flow of dialogue, cause a screen to ‘scroll’ faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects the other users’ ability to engage in real time exchanges;
4.5.10 Interfere with or disrupt the Service, servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
4.5.11 Intentionally or unintentionally violate any applicable law or regulation;
4.5.12 Collect or store personal data about other users;
4.5.13 Post content which refers to individual childcare operators, early years establishments, pre-schools, nurseries, schools, colleges or agencies – or their staff – whether by name, or identifiable by a pseudonym or any other means;
4.5.14 Upload photographs of minors; and/or
4.5.14 Advertise any job vacancies, sale of items, or services of another business/person in any area of the Website or associated social media platforms, unless We expressly agree that You may do so.
 
4.6 You acknowledge that EYFSR does not pre-screen Content that You post on the Website or related social media platforms, but understand that EYFSR and people designated by it shall have the right (but not obligation) to monitor communications that occur through, and posts made to, the Website or its related social media platforms.  If EYFSR determine, in its sole discretion, that You or another user has breached these Terms And Conditions or that any Content on its Website or related social media platforms is inappropriate or otherwise objectionable, EYFSR may refuse to accept or may remove any Content from the Website, without any liability to You or a third party.
 
 
5.  Indemnity
5.1 You agree to indemnify, defend and hold EYFSR and its affiliates harmless from and against any and all liability, losses, costs, claims and expenses incurred directly or indirectly (including reasonable legal fees) incurred in connection with or arising out of Your violation of these Terms And Conditions, any applicable law or regulation or the rights of any third parties related to the use of the Content, Our Website, Service and tools.  This indemnity includes both any liability to third parties, and other costs and losses incurred by EYFSR.
 
 
6. International Use
6.1 The Website is designed to be compliant with the applicable laws and regulations of England and Wales.  Due to the global nature of the Internet, users from all over the world will have access to the Website.  However, if You are resident in a country outside of the United Kingdom You use the Website at Your own risk.
 
 
7.  Rights In Posted Content

 

7.1 With respect to all Content You post on the Website, You grant EYFSR a royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.  With respect to all Content You post to the Website, You hereby waive any moral rights You have in the Content.  You agree to perform all further acts necessary to perfect any of the above rights granted by You to EYFSR, including the execution of deeds and documents, at Our request.
 
7.2 You represent and warrant that You own or otherwise control all of the rights to the Content and can grant the rights set out above in clause 7.1.  You represent, warrant and undertake that: (a) the work submitted is Your own (b) the Content will not infringe the rights of any third parties (including that the Content or material is not defamatory); and (c) You have obtained all rights and consents that are necessary for You to provide the Content; and (d) You will immediately remove and notify us of any Content that does not comply with these Terms And Conditions or may infringe the rights of third parties.  You agree to indemnify EYFSR for all claims brought by a third party against EYFSR in respect of infringement of that third party’s intellectual property rights or arising out of or in connection with a breach of any of these warranties.  EYFSR reserves the right to refuse to host any Content that has been made in the course of business and in any respect, asserts its right to host Content entirely at its own discretion.
 
 
8. Content Problems
8.1 If You object to the publication of any material placed in any area of the Website, or its related social media platforms please let Us know by emailing Us at info@EYFSResources.co.uk.  This is the fastest way to notify Us.  Please provide Us with a direct link to the post or message in question.  We will take whatever action We deem appropriate.
 
 
9.  General Practices Regarding Use And Storage
9.1 You acknowledge that EYFSR may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that message postings or other uploaded Content will be retained by the Service and the maximum number of times (and the maximum duration for which) You may access the Service in a given period of time.
 
9.2 You agree that EYFSR has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service.
 
9.3 You acknowledge that EYFSR reserves the right to de-activate accounts, delete social media Content or Content that is inactive for an extended period of time.
 
9.4 You acknowledge that EYFSR reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
 
 
10.  Modifications To Service
10.1 EYFSR reserves the right at any time and from time-to-time to modify or discontinue, temporarily or permanently the Service (or any part thereof) with or without notice.
 
10.2 You agree that EYFSR shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Service.
 
 
11.  Termination

 

11.1 You agree that EYFSR, in its sole discretion and without liability to You or any third party, may suspend or terminate, with or without notice, the Website and/or the Service or any part of it or any of Your passwords or accounts (or any part(s) thereof or related files and information) within the Service, and may remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if EYFSR believes that You have violated or acted inconsistently with the letter or spirit of these Terms And Conditions.
 
11.2 Where there is a breach of these Terms And Conditions, the rights described in this paragraph are not EYFS Resource’s only remedy and EYFSR may take any other action We reasonably deem appropriate in connection with such breach.
 
 
12.  Dealing With Advertisers And Other Suppliers
12.1 Your dealings with advertisers, merchants and any other third party found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such third party.
 
12.2 To the fullest extent permitted by applicable law, You agree that: (a) EYFSR shall not be responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such advertisers and merchants on the Service or the Website, and (b) any orders placed by You on, and any product specifications and product availability appearing on, the Service or the Website are subject to confirmation by, and are supplied subject to the terms and conditions of business of, the relevant merchant.
 
 

13.1 The Service may provide, or third parties may provide, links to other websites or resources.  As EYFSR has no control over these sites and resources, You acknowledge and agree that EYFSR is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources.

13.2 You acknowledge and agree that EYFSR shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
 
13.3 Some documents and photographs may be allowed to be published on this Website with the permission of third parties.  Where sources have been identified in the document or photograph You must obtain permission from the copyright owner before using that material in any way.
 
 
14. Links To EYFSR’ Website
14.1 EYFSR is happy for other on-line providers to introduce its Website to others via the creation of a ‘link.’  However, the following must be observed at all times when creating a link; the link must not:
14.1.1 Use EYFSR’ logo without written permission from the Managing Director of EYFSR;
14.1.2 Imply or suggest any partnership, form of association, approval or endorsement on Our part of the company, individual, product, information or services where none exists with EYFSR;
14.1.3 Misrepresent the inter-company relationship.
 
14.2 EYFSR reserves the right to request that You discontinue links at any time without explanation and the website owner agrees to discontinue the link immediately.
 
 
15.  Use Of EYFSR’ Material
15.1 All articles, information and other materials presented on the Website are subject to copyright, trade mark right and/or other intellectual property right owned by or licensed to EYFSR (unless Crown Copyright products are offered.)  You are prohibited from reproducing, extracting, providing links to or otherwise communicating or making available to third parties any part of the Content of this Website or any resources therein without EYFSR’ written consent from the Managing Director.  You acknowledge that, by making use of this Website, You are agreeing to comply with this prohibition and that any breach thereof is likely to result in legal proceedings being issued against You.
 
 
16. Disclaimers
16.1 You expressly acknowledge and agree that:
16.1.1 Website Content is for Your general information and use only, and could be subject to change without notice.
16.1.2 Your use of the Service is at Your sole risk.  EYFSR has made every effort to ensure that the Content on the Website and made available through the Service is accurate and up-to-date and correct at the time of publication.  However, the Website and the Service are provided on an ‘as is’ and ‘as available’ basis.  We do not guarantee the accuracy, timeliness, completeness or fitness for purpose of the Content provided on the Website or through the Service or that use of the Website will be uninterrupted, virus free or error-free.  No responsibility is accepted by or on behalf of EYFSR for any errors, omissions or inaccurate information on the Website or available through the Service.
16.1.3 Neither EYFSR nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on the Website for any particular purpose.  You acknowledge that such information and materials may contain inaccuracies or errors and We expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
16.1.4 Unauthorised use of the Website may give rise to a claim for damages and/or be a criminal offence.
16.1.5 From time-to-time the Website may also include links to other websites.  These links are provided for Your convenience to provide further information.  They do not signify that EYFSR endorses the website(s) and EYFSR has no responsibility for the content of the linked website(s).
16.1.6 The Content on the Website and made available through the Service is for general information only and is not intended to, nor does it, constitute legal or other professional advice or services or a recommendation to purchase any product or service upon which a specific decision should be made.  The information, Content of the Website and Service do not address Your particular circumstances and accordingly You should not rely upon the Content of the Website or the Service as a substitute for proper professional advice.
16.1.7 EYFSR is not responsible for how the Content on the Website or available through the Service is used, is interpreted or what reliance is placed on it.  We do not accept any responsibility for the results of any action taken on the basis of the information provided on the Website or available through the Service.  It shall be Your own responsibility to ensure that any products, services or information available through this Website meet Your specific requirements.
16.1.8 Any material downloaded or otherwise obtained through the use of the Service is done at Your own discretion and risk, and You will be solely responsible for any damage to Your computer system or loss of data that results from the download of any such material.
16.1.9 No advice or information, whether oral or written, obtained by You from EYFSR shall create any warranty or other obligation not expressly stated in these Terms And Conditions.
 
 
17.  Website Availability
17.1 EYFSR do not guarantee that the Website will operate continuously without interruptions or be error free and EYFSR therefore accepts no liability for its unavailability.
 
17.2 You must not attempt to interfere with the proper working of the Website and, in particular, You must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, Website, router or any other internet connection device.
 
 
18.  Viruses
18.1 Whilst We try to keep our anti-virus software up-to-date We do not warrant that the Websites, its servers, downloadable files or e-mails which may be sent by Us, are free from viruses or other harmful components.
 
 
19.  Limitations Of Liability
19.1 EYFSR ’ liability to You in contract, tort (including negligence) with regard to these Terms And Conditions, use of the Website and/or any Service shall be limited the greater of: (a) £150 and (b) the price paid by You under any Contract during the three months preceding the event giving rise to the claim.
 
19.2 You expressly acknowledge and agree that EYFS Resources shall not be liable for any indirect, incidental, special, consequential or exemplary damages, nor for direct or indirect loss of profits revenue, business, anticipated savings, goodwill, opportunity, reputation, business interruption, use, data or intangible losses even if EYFS Resources has been advised of the possibility of such damage.

19.3 Nothing in these Terms And Conditions shall affect the statutory rights of any consumer or exclude or restrict any liability for fraud or for death or personal injury arising from the negligence of EYFSR).
 
 
20.  Events Beyond EYFSR’ Control
20.1 EYFSR will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms And Conditions or any Contract that is caused by events outside Our reasonable control (‘Force Majeure Event).  A Force Majeure Event includes any act, event, non-happening, omission or accident beyond Our reasonable control and includes in particular (without limitation) the following:
20.1.1 Strikes, lock-outs or other industrial action;
20.1.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
20.1.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
20.1.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
20.1.5 Impossibility of the use of public or private telecommunications networks;
20.1.6 The acts, decrees, legislation, regulations or restrictions of any government;
20.1.7 Viruses and cyber attacks; and/or
20.1.8 Power or other failure affecting any part of Our servers, premises or any other part of Our service.
 
20.2 EYFS Resource’s performance under any Terms And Conditions or any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and We will have an extension of time for performance during that period.  We will use Our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which Our obligations under the Terms And Conditions or any Contract may be performed despite the Force Majeure Event.
 
 
21.  Product And Resources Provision – Shop
21.1 The product and resources Services in EYFSR’ allow You to purchase physical products directly from the Website and have them delivered to You.
 
21.2 You do not have to be a member of EYFSR to access the shop, but if You are a member You may receive discounts and special offers.
 
21.3 When You place an order You will need to supply Us with compulsory personal information and You confirm that all information and details You have provided are true, accurate and up-to-date in all respects.  Please see Our Privacy Policy for more information.
 
21.4 EYFSR will use reasonable endeavours to try to ensure that products and Services have been fairly described.  However, when ordering goods or Services through the Website, please note the following:
21.4.1 The images of the products for sale are for illustrative purposes only;
21.4.2 All products shown are subject to availability.  We will inform You as soon as possible if the product You have ordered is not available and We will not process Your order if made.  If You ask us to, We will notify You when the product is back in stock.  If You have already paid for the products We will refund You the full amount as soon as possible; and
21.4.3 Orders will only be accepted if there are no material errors in the description the Website.
 
21.5 EYFSR aims to regularly update the Website.  Products, Services and prices are subject to change without notice but these changes will not affect orders which We have already processed.
 
21.6 The price of a product does include VAT in accordance with UK tax directives.
 

21.7 We usually check prices as part of Our dispatch procedures.  If We become aware of an error in pricing We will inform You of this error and give You the option of continuing to purchase the items at the correct price or cancelling Your order.

21.8 EYFSR will not be held responsible for pricing errors due to software malfunctions, or human error.  Where an error is obviously a mistake which could reasonably have been recognised by You as a mispricing We will not be obliged to provide the items to You at the price stated.

21.9 Unless We agree otherwise, when You place an Order through the Website or otherwise, the price You pay will include first class postage to UK mainland addresses only.  If You are ordering from overseas We are happy to process the order, but will charge and additional postage surcharge.
 
21.10 When You place an order with Us, this is technically an Offer from You to Us.  We will deem to have accepted this offer when the Order has been processed and posted.  We reserve the right to cancel any order for any reason and will refund You Your money if We do so.
 
21.11 We aim to process and send out Your order as quickly as possible.  This will usually be the same day, but it may take up to five days to process, or longer if some modification, bespoke, personalisation or development Service is required.
 
21.12 When using PayPal for means of payment, please ensure that You check the address You have set up in PayPal as Your postal address.  We are not responsible for any orders sent to the wrong address, where You have not informed Us of a change of address within one hour of placing Your order.
 
21.13 During the checkout process You will be asked to enter Your payment details.  By doing so, You confirm that the credit or debit card being used is Yours, or You have the full right to use it.
 

21.14 You will be only permitted to pay for products using a debit or credit card through a secure payment gateway.

21.15 EYFSR accept the following cards: MasterCard, Visa, Visa Debit and Maestro.  We do not accept Electron, Solo or American Express.

21.16 All card payments are subject to authorisation by Your card issuer.

21.17 Invoice arrangements must be agreed beforehand, and will be considered on a case-by-case basis.
 
21.18 All invoiced products and Services must be paid for within fifteen days and specific terms will apply.  Products and Services will remain the ownership of EYFSR until fully paid for.
 
21.19 Invoices can be paid via bank transfer, cheque of card (see clause 21.15.)
 
21.20 All transactions will be carried out in Pounds Sterling.
 
21.21 EYFSR reserves the right to decline orders for bulk or high value purchases.  If You wish to purchase a large number of items please contact Us prior to purchase.
 
21.22 Any changes to Your order must be notified to Us in writing and within a reasonable time.  If You amend or change Your order You may find there are changes to Your delivery timetable and/or the price You pay for the item (You will be charged the current selling price on the day You amend Your order.)  Please see clause 22.2 for details of items which cancellation or modification cannot be requested by You.
 
21.23 Should You purchase items from Our Website for use in Your business, You agree that You will use the items in Your own business only and that You will not use the products for any re-sale or prohibited purposes as specified in clause 4.5 or otherwise.
 
21.24 The item(s) will be Your responsibility once delivered to the address You have given to Us.
 
21.25 If the resource(s) provided is/are not what You ordered or the delivery is of an incorrect quantity, We shall have no liability to You unless You notify Us in writing at Our contact address of the problem within five working days of the delivery of the Service in question.
 
21.26 If You notify a problem to Us under clause 21.22 above, Our only obligation will be, at Your option:
21.26.1 To make good any shortage or non-delivery; or
21.26.2 To repair and resend any products that are damaged or defective.
 
21.27 Save as precluded by law, We will not be liable to You for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem You notify to Us under this contract and We shall have no liability to pay any money to You by way of compensation other than to refund to You the amount paid by You for the relevant order.
 
21.28 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase the Services from Our Website.  The importation or exportation of certain goods may be prohibited by certain national laws.  We make no representation and accept no liability in respect of the export or import of the products under the Service You purchase.
 
 
22.  Your Right To Cancel And Returns
22.1 You have the right to cancel a contract for certain products and Services from EYFS Resource within fourteen days without giving any reason.
 
22.2 Please note that this cancellation right does not apply to certain items including (without limitation) unless there is a manufacturing error or product defect in the case of tangible goods:
22.2.1 Goods made to Your specification or goods which have been clearly personalised, including, for example, personalised embroidered items or printed material;
22.2.2 Services, if We have started to provide the Services before the end of the fourteen day cancellation period, for example, a bespoke training course;
22.2.3 EYFSR bespoke or newly created products;
22.2.4 Downloading of digital content.

22.3 The cancellation period will expire after fourteen days from the date of Your purchase.  For EYFSR products this is the date on which You receive the item You have ordered (or the last item You have ordered if You made a multiple order with different delivery dates.)  For EYFS training or business support Services this is the date on which Your service was agreed.

22.4 To exercise the right to cancel You must inform Us of Your decision to cancel this contract by a clear statement in writing (e.g., letter or email.)  In certain circumstances We may accept a cancellation request on the telephone, provided this is backed up by a letter or email within seven days.

22.5 You will also need to send back any goods You purchased under the contract You wish to cancel.  You should send these to Us without undue delay and in any event not later than fourteen days from the day on which You communicate Your cancellation from this contract to Us.  The deadline is met if You send back the goods before the period of fourteen days has expired.  You will have to meet the cost of returning the goods and they must be in the same condition as sold.

22.6 EYFSR reserves the right to ask You for proof of purchase.  This could be a sales receipt or other evidence such as a bank statement or packaging.

22.7 Purchases must be returned from the original shipping country with the original Returns Form.

22.8 Items returned must be in their unused original condition with all EYFSR’ tags attached and any related accessories or instruction booklets included.

22.9 Incomplete, damaged, worn, used, soiled or altered returns, or anything EYFSR reasonably believes has been used, will not be accepted and therefore sent back to You at Your expense.

22.10 When cancelling an order please copy and paste the Returns Form below, complete the details and return the form either by registered post to EYFS Resources Ltd, Suite 2a, Houghton Barn Farmhouse, Altham Lane, Altham, Lancashire, BB5 5US or by email to info@eyfsresources.co.uk.

 
To:
EYFS Resources Ltd
Suite 2a
Houghton Barn Farmhouse
Altham Lane
Altham
Lancashire
BB5 5US
 

 

I [ (name) ] hereby give notice that I wish to cancel my contract of sale of the following goods:


SPECIFY GOODS
Ordered on DATE and/or received on DATE
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
Date:

 
22.11 If You exercise Your right of cancellation after the item has been shipped, please replace the item securely in its original packaging and return it to Us with Your Returns Form, but you are still subject to the same notification procedure as above.
 
23. Effects Of Cancellation
23.1 If You cancel a contract with EYFSR for the purchase of goods (or Services which have been agreed to be refundable) during the cancellation period We will reimburse to You all reasonable payments received from You.
 
23.2 If You cancel a contract with EYFSR for the purchase of Service and We have already started to provide those Services during the cancellation period, You shall pay Us an amount which is in proportion to what has been performed until You have communicated Us Your cancellation from this contract within the cancellation deadline, in comparison with the full coverage of the contract.
 
23.3 In the case of training it is Your responsibility to ensure that the course You have ordered meets Your needs because once You have requested the course, You will not be entitled to a refund.

23.4 We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by You.  You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

23.5 We will make the reimbursement without undue delay, and not later than:
23.5.1 Fourteen days after the day We receive back from You any goods supplied; or
23.5.2 If earlier than fourteen after the day You provide evidence that You have returned the goods; or
23.5.3 If there were no goods supplied and it is deemed a cancellable item, fourteen days after the day on which We are informed about Your decision to cancel this contract.
 
23.6 We will make reimbursement using the same means of payment as You used for the initial transaction, unless You have expressly agreed otherwise.  In any event, You will not incur any fees as a result of the reimbursement although We may withhold reimbursement until We have received the goods back or You have supplied evidence of having sent back the goods, whichever is the earliest.
 
 
24.  Purchase Liabilities
24.1 Nothing in these Terms And Conditions limits or excludes Our liability to You for death or personal injury caused by Our negligence, fraud or fraudulent misrepresentation or breach of statutory terms or terms implied by law.
 
24.2 If You purchase items or a Service for business purposes, We will not be liable to You for any loss of profits, sales, business or goodwill or any indirect or consequential loss or any loss which was not foreseeable at the time of the sale of the product/Service and Our total liability to You in respect of all other losses arising under or in connection with Your purchase of the product/Service shall in no circumstances exceed 100% if the total price of the product/Service.
 
24.3 We do not give any representation, warranty or undertaking in relation to the products other than as stated.
 
24.4 We will not be liable for any failure to perform, or delay in performance, of any of Our obligations which is caused by an event outside Our control, such as civil commotion, storm, fire, natural disaster or the failure of telecommunications or transport networks.  If We are affected by such an event, We will notify You as soon as reasonably possible and Our obligations to You will be suspended until We are no longer affected by that event when We will arrange an alternative delivery date with You.
 
24.5 You must follow any advice We give You to keep products We supply to You safe (including any instructions or product manuals provided with the products.)  We cannot accept liability for damage to products We have supplied which is caused by Your failure to follow this advice.
 
24.6 We may update or amend these Terms Of Sale from time-to-time to comply with law or to meet Our changing business requirements without notice to You.  Any updates or amendments will be posted on the Website.
 
24.7 No relaxation or delay by Us in exercising any right or remedy under these Terms And Conditions of Sale shall operate as waiver of that right or remedy or shall affect Our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing.
 
24.8 If any of these General Terms And Conditions Of Sale are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these General Terms And Conditions of Sale shall remain in full force and effect.
 
24.9 Only You and We shall be entitled to enforce these Terms Of Sale.  No third party shall be entitled to enforce any of these Terms Of Sale, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
 
24.10 These General Terms And Conditions Of Sale are governed by the laws of England and Wales and any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.
 
 
25.  Products Created Together25.1 EYFSR provides a Service for the joint creation of products either by You offering a suggestion or You providing more guidance upon which Our designers produce an item.  This Service (hosted at www.EYFSResources.co.uk) is subject to these Terms And Conditions and in an addition the following conditions shall apply to this Service:
25.1.1 EYFSR makes available the creation Service to You upon payment of a fee as agreed.
25.1.2 In accordance with the general Terms And Conditions, should there be any account username and password associated with this Service, they will not be shared.
25.1.3 Your use of the creation Service is a request by You, to Us, to create a specified resource for You.  We may perform the whole request unaided by You, or You may also assist Us.  In this regard, You understand that by using the creation Service in any way, You are producing products for EYFSR and not for Your own personal use.  Once Your product has been created, We may, at our discretion, allow You to access the resource after our approval.
25.1.4 In accordance with Our Copyright Terms below, You will not redistribute any resources created through the creation Service.
25.1.5 You have explicitly read and agree to abide by the EYFSR’ Copyright Terms (section 26.)
25.1.6 All resources You produce through the Creation Service are the ownership of EYFSR  absolutely and You further consent to Clause 7.2 of these Terms And Conditions.
25.1.7 You agree that a breach of any of the general Terms And Conditions will lead to Your access to the creation and any other EYFSR’ Service being immediately suspended.  It is at Our absolute discretion as to whether Your account and/or relationship with Us will be reinstated.
25.1.8 You understand and agree that We will monitor Your usage of the creation Service to allow Us to determine whether a violation has, or is, occurring.
25.1.9 Due to the bespoke element of the creation Service, You understand and agree that We are unable to offer refunds under any circumstance.

 

 
26.  Copyright
26.1 All rights in and to this Website are owned by or licensed to EYFSR.  This includes copyright and other intellectual property rights such as database rights, registered and unregistered trademarks, service marks and logos in all the Content; in the organisation and layout of the Website and in the underlying software code relating to the Website.  All Our rights and Our licensors’ rights are reserved.
 
26.2 You shall not copy, reproduce, permanently store, retransmit, adapt, download, exploit or otherwise use part or all of the Contents on publically accessible areas of the Website in any form other than the following:
26.2.1 You may print or download to a local hard disk Content from publically accessible areas of the Website for Your personal and non-commercial use only, providing no modifications are made, the document is copied entirely and You comply with any Conditions set out in the copyright notice relevant to that Content;
26.2.2 You may copy the Content of publically accessible areas of the Website to individual third parties for their personal use, but only if You acknowledge the Website as the source of the material and providing no modifications are made, the document is copied entirely and You comply with any Conditions set out in the copyright notice relevant to that Content; and/or
26.2.3 You shall not, except with Our express prior written permission, distribute or commercially exploit part or all of the Content of the Website.  Nor may You transmit it or store it in any other website or other form of electronic retrieval system.
 
 
27.  Intellectual Property
27.1 The Contents of the Website is protected by international copyright laws and other intellectual property rights.  The owner of these rights is EYFSR or other third party licensors.  All product and company names and logos mentioned in Our Website are the trade marks, service marks or trading names of their respective owners including Us.
 

27.2 Any material or information downloaded from this Website is subject to Copyright Terms.  You may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information downloaded from this Website without prior written authorisation from the managing director of EYFSR.

 
28.  Notices
28.1 Unless otherwise expressly stated in these Terms And Conditions, all notices from You to Us must be in writing and sent to Our contact address is:

EYFS Resources Ltd
Suite 2a
Houghton Barn Farmhouse
Altham Lane
Altham
Lancashire
BB5 5US

28.2 Notices from Us to You may be in writing or electronic format (to include both email and notice via the Website.)
 
29.  Invalidity
29.1 If any part of these Terms And Conditions is unenforceable (including any provision in which We exclude Our liability to You) the enforceability of any other part of these Conditions will not be affected.
 
 
30.  Privacy
30.1 You acknowledge and agree to be bound by the terms of Our Privacy Policy.
 
 
31.  Third Party Rights
31.1 Except for Our affiliates, directors, employees or representatives, associates, a person who is not a party to this agreement has no right under the United Kingdom Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
 
 
32.  Entire Agreement
32.1 These Terms And Conditions, together with Our current Website prices, delivery details, contact details and Privacy Policy, set out the whole of Our agreement relating to the supply of the Services to You by Us.
 
 
33.  Waiver
33.1 No delay or failure by EYFSR to exercise any of its powers, rights or remedies under this agreement shall operate as a waiver of them nor shall any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them.  Any waiver, to be effective, must be in writing.
 
 
34.  Governing Law
34.1 The contract between Us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between Us.
 
34.2 Your use of this Website and any dispute arising out of such use of the Website is subject to the laws of England and Wales and You hereby consent to this jurisdiction.

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