Terms & Conditions
Terms and conditions
Katie Scott trading as Little Learning Box®
Standard Terms & Conditions of Sale
Products to Consumers
1) Scope – these Terms & Conditions (“the Terms”) shall apply to all quotations and offers made by Katie Scott trading as Little Learning Box® of 31, Whiteoak View, Bolton, BL3 1ST (“Little Learning Box®”) and any purchase orders accepted by Little Learning Box®. The Terms shall apply to all sales made by Little Learning Box®.
2) The Contract – by placing an order with Little Learning Box®, either directly or via their website www.littlelearningbox.co.uk the “Customer” (or “You” or “Your”) is offering to purchase Products from Little Learning Box® on the basis of these Terms. The contract shall only be formed when Little Learning Box® acknowledges acceptance of the order in writing or upon despatch of the Products. No pricing made generally available by Little Learning Box® shall constitute an offer capable of acceptance and Little Learning Box® expressly reserves the right to amend its prices at any time – any such price changes will not apply retrospectively to existing orders or during Fixed Price Periods which apply to orders for 3, 6 and 12months worth of boxes. Any images, drawings or descriptions made available by Little Learning Box® in any form or via any medium whatsoever are produced for guidance only and do not constitute part of an offer or part of the contract unless expressly agreed in writing. You are responsible for checking that the terms and details of any order are correct and accurate.
3) Contract Variations –
i. Little Learning Box® reserves the right to vary or alter the specifications of its Products at any time and without notice. Such variations will not apply to any existing contracts without Your consent.
ii. Any contract variation by You must be submitted either orally or in writing to Little Learning Box® for assessment as to impact on price and delivery. Such variation will not have contractual legal effect until agreed in writing by both parties.
4) “Products” – Products governed by these Terms means any Products produced or sourced by Little Learning Box® as listed in the order and may include:
i. Standard list Products – these are part of Little Learning Box®’s standard range of Products which are available for purchase by all customers and are publicised as being for general sale in company marketing documents and/or on the company website;
ii. Bespoke Products – these are non-standard Products designed and produced by Little Learning Box® to the explicit instructions and requirements of the Customer;
iii. Sourced Products – these are Products sourced by Little Learning Box® from third party suppliers and made available for sale under lawful agreement either in their sourced form or incorporated into Little Learning Box®’s own Products;
iv. Customer Nominated Sourced Products – these are Products sourced from a third-party supplier at the Customer’s request and supplied to the customer either in the sourced form or incorporated into Little Learning Box®’s own Products. Little Learning Box® accepts no responsibility or liability for the performance, quality or delivery of these Products.
5) Order placement – Little Learning Box® offers a range of purchasing options the details of which are given in published materials including Our website. These include:
i. Single one-off box order e.g. Xmas, Easter, Birthday;
ii. Single monthly box order – recurring order. You order one box to be sent on a recurring monthly basis until You notify us otherwise by email on before the 13th of month.
iii. 3 months of monthly boxes order – recurring order. You pay for and commit to 3 months’ supply at a fixed monthly price with that fixed price automatically taken from Your account for the three-month period on the 15th of each month. After the 3-month period ends You will then pay at the then published 3-month recurring order price each month until You notify Us otherwise by email before the 13th of the month.
iv. 6 months of monthly boxes order - recurring order. You pay for and commit to 6 months’ supply at a fixed monthly price with that fixed price automatically taken from Your account for the 6-month period on the 15th of each month. After the 6-month period ends You will then pay at the then published 6-month recurring order price each month until You notify Us otherwise by email before the 13th of the month.
v. 12 months of monthly boxes order - recurring order. You pay for and commit to 12 months’ supply at a fixed monthly price with that fixed price automatically taken from Your account for the 12-month period on the 15th of each month. After the 12-month period ends You will then pay at the then published 12-month recurring order price each month until You notify Us otherwise by email before the 13th of the month.
vi. 1 box every 3 months – recurring order. You pay for a box every 3 months (1 box every 3 months/ rolling every 3 months) and this will automatically be taken from their account every 3 months unless You notify us otherwise by email on before the 13th of month before the subsequent quarter. Payment is taken on the date of the order and then on the same calendar date 3 months after on a recurring basis.
vii. Initial payments on orders made between the 1st – 14th of the month will be taken on the 15th of that month, initial payments on orders made between the 15th – 31st of the month will be taken on the date of order. All subsequent recurring payments are taken on the 15th of the month for the coming month.
viii. Clause ‘5) vii.’ does not apply to an order of the ‘1 box every 3 months – recurring order’, initial payments for this subscription will be taken on the date of order. All subsequent recurring payments are taken 3 months after the initial order, on the same calender date (nearest when there are less days in a given month) as the initial order was placed of the month for the coming month.
6) Pricing –
i. Unless otherwise stated all pricing is inclusive of any UK delivery charges.
7) Delivery –
i. Although Little Learning Box® shall try in all good faith to meet Product delivery dates they are not guaranteed but are estimates based upon the information available to Little Learning Box® at the time of order confirmation. Under no circumstances shall Little Learning Box® be liable for any damages or losses whatsoever arising from any delay in delivery, even if caused by Little Learning Box®’s negligence, unless there is specific written agreement between Little Learning Box® and the Customer. Liability of Little Learning Box® shall be limited at Little Learning Box®’s sole discretion to:
a) Delivering the Products within a reasonable time;
b) Refunding the pro-rata price based on the quantity of the Products that are undelivered.
ii. Delivery shall be made by Little Learning Box® to the delivery location specified by You and shall require You to have a responsible person at that location to accept and sign for the Products. If there is no such person available at the specified delivery location then You agree to Little Learning Box® leaving the Products at that location and in this case risk in the Products will pass to You at that time and no further liability shall remain with Little Learning Box® with respect to the Products to the limit permitted by applicable law;
iii. If You fail to take delivery of the Products, delivery fails because of inaccurate delivery location information provided by You or any other reason due to Your negligence or fault then Little Learning Box® can, at its sole discretion and without limitation to any other rights and remedies:
a) Charge You for any delivery and recovery costs of the Products to and from the delivery location together with a £50 administration fee;
b) Charge You for any storage costs in order to store the Products for future delivery;
c) Invoice at full value for any Bespoke Products;
d) Invoice at full value for any Sourced or Customer Nominated Sourced Products where such products cannot be sold elsewhere or returned for full refund to the original supplier within 15 days of the failed delivery.
8) Delivery in Instalments – if the Products are delivered in instalments then each delivery shall constitute a separate contract. Any failure by Little Learning Box® to deliver any one or more instalment in accordance with these Terms shall not entitle You to repudiate and terminate the entire contract.
9) Inspection of the Products – it is Your responsibility to check that the quantities and specifications of the Products correspond to the contract and that there are no visible signs of damage before accepting and signing for delivery.
10) Product Returns - Little Learning Box® aims to always provide high quality Products that are fault free and undamaged. On occasion however, Products may need to be returned either because the Customer simply changes their mind or because they are not as ordered, faulty or damaged in transit. Returns are governed by the following Terms and Conditions which explain your legal rights and obligations in returning the Products:
i. Please Note – consumer’s legal rights: when You buy goods from a business You have a number of rights under the Consumer Rights Act 2015 and Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 which include the right to claim a refund, replacement, repair and/or compensation where the goods are faulty or not as described subject to certain conditions. There is no legal right to return goods because You have changed your mind unless You are based within the UK or EU and the goods were bought via an off premises or distance selling method. In this case You are entitled to cancel the order and return the goods subject to certain conditions.
ii. You simply change your mind having bought the goods via a distance selling method e.g. website or via off premises selling. Right to cancel - if You are based within the European Union and You have bought the products through the Little Learning Box® website or any other distance selling or off premises selling method, You have a statutory right to a “cooling off” period. This period begins once your order is complete and ends 14 calendar days after the Products have been delivered to you. If the Products are delivered to You in instalments, the 14-calendar day period begins on the day that You receive the final instalment. If You change your mind about the goods within this period, please inform Little Learning Box® within 14 calendar days of receipt in writing or by fax or email. Products must be returned to Little Learning Box® within 14 calendar days of the day on which You inform Little Learning Box® that You wish to return the Products. You are responsible for paying return shipment costs if Products are returned for this reason. Refunds will be issued no later than 14 calendar days after Little Learning Box® receives the Products or receives evidence of the return of the Products and will include costs of standard initial delivery charges. We regret that additional costs such as express delivery and gift-wrapping cannot be refunded. Little Learning Box® may not be able to accept returns under the cooling off period of the following types of Products and/or taking into account the following circumstances:
a) Products made to your specifications or that have been personalised e.g. the name of the child has been added.
b) If You have had any use or enjoyment out of the Products beyond handling them to the extent necessary to establish the nature, characteristics and functioning of them (such as you would, for example, handle a display item in a shop). In this case Little Learning Box® can reduce the amount of refund in accordance with their diminished value up to the value of the Products. Please note that opening the delivery packaging does not prevent you from returning Products but opening the individual components within the box will reduce the value of the returned Product and a reduced refund reflecting this may be applied. It is Your responsibility that the Products are stored safely and in good condition and returned in either the original packaging or other suitable packaging to prevent damage in shipment. If Products are damaged because of poor storage conditions or poor return packaging, then the amount of refund can be reduced to reflect their diminished value. iii. Products are not as described, not as ordered, faulty or damaged in transit – in this situation You have a right to return the Products for either refund or replacement. You should contact us within 30 calendar days to arrange collection and return. You will be given the option to have the Products replaced or to be refunded through the payment method used by you when purchasing the Products. Little Learning Box® are fully responsible for paying all return shipment costs together with the shipment costs for any replaced Products. Replacements will be issued upon the receipt of the returned Products by Little Learning Box®. Refunds will be issued within 7 working days and in any event no later than 30 calendar days after receipt of the returned Products and will include standard initial delivery charges. We regret that additional costs such as express delivery and gift-wrapping cannot be refunded. It is the Customer’s responsibility that the Products are stored safely and in good condition and returned in either the original packaging or other suitable packaging to prevent damage in shipment. If Products are damaged through use or because of poor storage conditions or poor return packaging, then the amount of refund can be reduced to reflect their diminished value.
11) Payment –
i. Little Learning Box® will grant credit at its absolute discretion and reserves all rights to refuse credit to the extent of applicable law.
ii. Unless otherwise agreed in writing payment for all Products must be made in advance and in full, without any deductions. Time for payment shall be of the essence and Products will not be delivered unless full payment has been made.
iii. Failure to pay any overdue invoices or charges shall entitle Little Learning Box® to suspend any unexecuted or future orders without further notice and at their sole discretion.
12) Risk, Title and Ownership – risk in the Products will pass to You upon delivery. Ownership is established by the transfer of title which shall not pass to You until payment has been made in full and the funds have been cleared. Until title has passed You must:
i. Store the Products safely in suitable conditions;
ii. Maintain in good condition and do not destroy or deface any labelling, identifying marks or packaging associated with the Products. You shall not be entitled to resell the Products until title has passed to You.
13) Intellectual Property - all Intellectual Property Rights existing in the Products or created during the performance of any contract governed by these Terms are and shall remain the property of Little Learning Box®. Unless confirmed in writing and signed by an authorised representative of Little Learning Box® nothing in the terms of this agreement shall vest any ownership rights in the Customer.
14) Termination of Contract –
i. Cancellation by You – if You wish to cancel Your order with Us then You must do so by email before the 13th of the month in which the Product will be delivered. You must make sure that your name and address as given at the time of order are clearly stated on the email. If You cancel after the 13th of the month then You will be sent the current month’s box (as long as payment for it has been received) and Your order (and payments) will be cancelled from the following month. This does not affect your statutory rights to cancel within 14 days of the initial order placement as outlined in clause 10.
ii. Cancellation by Little Learning Box® – Little Learning Box® can terminate any contract governed by these Terms immediately upon written notice to the Customer and suspend any further deliveries if the Customer fails to perform any of its obligations within the contract.
15) Limitation of liability – Little Learning Box® limits its liability to the maximum extent permitted by applicable law and we expressly exclude:
i. All representations, warranties and conditions relating to the supply of the Products and the use of them including, without limitation, any warranties implied by law in respect of satisfactory quality or fitness for purpose.
ii. Any liability for any direct, indirect or consequential loss or damage incurred by you in connection with use of the Products. This includes, but is not limited to, liability in respect of the Customer and/or any 3rd party for: Loss of income or revenue; Loss of profits; Loss of business; Loss of data; Loss of goodwill; Loss of opportunity; Any indirect, consequential or special loss or damage; Wasted management or staff time; Nothing in this disclaimer will:
i. Limit or exclude your or our liability for death or personal injury resulting from negligence;
ii. Limit or exclude your or our liability for fraud or fraudulent misrepresentation;
iii. Limit any of our liabilities in any way that is not permitted under applicable law;
iv. Exclude any of our liabilities that may not be excluded under applicable law. Subject to the preceding provisions the limitations and exclusions of liability govern all liabilities arising from the supply of the Products and/or Services under contracts governed by these Terms including all liabilities arising in contract, tort (including negligence) and for breach of statutory duty.
16) Data Protection – We aim to comply with the General Data Protection Regulation 2016 (GDPR) and the Data Protection Act 2018 in all respects including in the spirit of the need to treat your personal data and any personal data relating to the recipient with respect and to keep it safe. We will only collect and use your personal data in the ways that are described in our Privacy Notice which is available on our website, and in a way that is consistent with our obligations and your rights under the law.
17) Waiver - no waiver, by either party, whether implied or express, of any particular provision of these Terms, or of any breach or default of either party, shall constitute either a continuing waiver of such provisions or a waiver of any other provisions of the Terms.
18) Force Majeure - Little Learning Box® shall not be liable for delay in performing or for failure to perform its obligations if the delay or failure results from any of the following: Acts of God; Outbreak of hostilities, riot, civil disturbance, acts of terrorism; The act of any government or authority (including refusal or revocation of any licence or consent); Fire, explosion, flood, fog or bad weather; Power failure, failure of telecommunications lines, failure or breakdown of plant, machinery or vehicles; Default of suppliers or sub-contractors; Theft, malicious damage, strike, lock-out or industrial action of any kind; Any cause or circumstance whatsoever beyond Little Learning Box®’s reasonable control.
19) Notice - Any notice or communication served during the performance of this agreement shall be sent by hand or by recorded delivery first class post to the following address: Little Learning Box®, 31 Whiteoak View, Bolton, BL3 1 ST.
20) Severability - the provisions of these Terms are severable and if any part thereof is held to be invalid or unenforceable by any court then it will not affect the validity or enforceability of any of the remaining provisions. If any unlawful and/or unenforceable clause would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the clause will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant clause will be deemed to be deleted).
21) Governing Law - Any differences arising between Little Learning Box® and the Customer concerning this Agreement or the rights and liabilities within it shall be governed by and interpreted, in all respects, in accordance with the Laws of England. The parties hereby submit to the exclusive jurisdiction of the English Courts.
22) Third Party Rights – a person who is not a party to any contract governed by these Terms (a 3rd Party) shall have no rights under the Consumer Rights Act 2015 or the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms.
23) Dispute Resolution - The parties shall attempt to resolve any dispute arising out of or relating to this contract through negotiations between representatives of the parties, who have authority to settle such disputes. If the matter is not resolved by negotiation within 30 days of receipt of a written 'invitation to negotiate', the parties will attempt to resolve the dispute in good faith through an agreed Alternative Dispute Resolution (ADR) procedure. If the matter has not been resolved by an ADR procedure within 60 days of the initiation of that procedure, or if any party will not participate in an ADR procedure, the dispute may be referred to arbitration by any party. Nothing in this clause shall be construed as prohibiting a party or its affiliate from applying to a court for interim injunctive relief.
24) Whole Agreement – These Terms governing any contract established with the Customer constitute the entire Agreement between Little Learning Box® and the Customer and supersede any and all prior terms whether written or oral. No modification to the Terms or any claimed waiver shall be deemed to be valid unless in writing and signed by authorised representative of Little Learning Box®.