Terms and conditions
sell the book "Edinburgh for Under Fives" (the Product); and
provide online access to the information on our website www.efuf.co.uk (Digital Content)
(in each case) as described on our website (our site).
B. These Terms will apply to any contract between us for the sale of the Product and/or supply of Digital Content to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering anything from our site. Before placing an order you will be asked to agree to these Terms.
C. You should print a copy of these Terms for future reference.
D. We may amend these Terms from time to time. Any changes will not affect an order which we have confirmed with an Order Confirmation. Every time you wish to order from our site, please check these Terms to ensure you understand those which will apply at that time.
1. Information about us
1.1 We operate the website www.efuf.co.uk. We are a volunteer organisation called Edinburgh for Under Fives, which is a branch of The National Childbirth Trust (NCT). The NCT is a charity registered in England and Wales with number 801395 and in Scotland with number SC041592. NCT is also a company limited by guarantee, registered in England & Wales with registered number 02370573. NCT's registered office is Alexandra House, Oldham, Acton, London W3 6NH. Edinburgh for Under Fives' address is 51 Connaught Place, Edinburgh EH6 4RN. Our VAT number is 681182923.
1.2 To contact us, please email [email protected]
2. How we use your personal information
3. How the contract is formed between you and us
3.1 Our order process allows you to check and amend any errors before submitting your order to us.
3.2 After you place an order, we will confirm our acceptance to you by sending you an Order Confirmation. This is an e-mail that:
(a) informs you when the Product will be dispatched (if your order included the Product); and
(b) confirms your right to access the Digital Content.
The Contract between us will only be formed when we send you the Order Confirmation.
3.3 The Product and Digital Content is subject to availability. We will inform you by e-mail as soon as possible if we are unable to supply you, and we will not process your order. If you have already paid for the Product or Digital Content, we will refund you the full amount as soon as possible.
4.1 The Product will be dispatched by Royal Mail second class post within seven days unless there is an Event Outside Our Control (see clause 11 for what we mean by this). If we are unable to dispatch within this timescale because of an Event Outside Our Control, we will contact you with a revised estimated dispatch date.
4.2 Delivery will be completed:
(a) in the case of the Product, when we deliver the Product to the address you gave us;
(b) in the case of supply of Digital Content, when we email your Order Confirmation to you.
4.3 The Product will be your responsibility from the completion of delivery.
4.4 Unfortunately, we do not deliver the Product to addresses outside the UK. You may place an order for the Product from outside the UK, but this order must be for delivery to an address in the UK.
5. Prices and payment
5.1 The prices of the Product and Digital Content will be as quoted on our site from time to time.
5.2 Prices for the Product and Digital Content may change from time to time, but changes will not affect any order which we have confirmed with an Order Confirmation.
5.3 Our prices include VAT (where applicable) at the applicable current rate chargeable in the UK on the date you place your order.
5.4 We deliver by Royal Mail second class post. Our delivery charge for delivering the Product to a UK address is the Royal Mail’s second class postage charge in effect at the date of your Order Confirmation. There are no delivery charges for the supply of Digital Content.
5.5 You can pay using a debit or credit card.
5.6 Payment, including any applicable delivery charges, is in advance.
6. Your consumer cancellation rights
This clause only applies if you are a consumer.
6.1 If you are a consumer, you have a legal right to cancel a Contract and receive a refund under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013). Details are set in clauses 6.4 to 6.6 below.
6.2 You will not have the right to cancel an order for Digital Content if you have:
(a) expressly consented to our supplying the Digital Content to you before the end of the cancellation period; and
(b) acknowledged that the right to cancel the Contract will be lost.
6.3 When you place your order, you will be asked to tick a box confirming the above consent and acknowledgment as we will be supplying Digital Content to you from the date of your Order Confirmation. If you do not tick the box, we will not be able to accept your order in respect of the Digital Content. Please note that this only applies in relation to the supply of the Digital Content.
Right to cancel
6.4 You have the right to cancel the Contract without giving any reason. The cancellation period starts on the date of your Order Confirmation and will expire:
(a) 14 days from the date of your Order Confirmation (in relation to an order for the Digital Content only); or
(b) (if your order includes the Product) 14 days after the day on which you receive, or a third party other than the carrier and indicated by you receives, physical possession of the Product.
6.5 To exercise the right to cancel, you must inform us, Edinburgh for Under Fives, of your decision to cancel the Contract by a clear statement (e.g. a letter sent by post or by email to the address set out in clause 1).
6.6 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of your right to cancel before the cancellation period has expired.
Effect of cancellation
6.7 If you cancel the Contract for supply of the Product, we will reimburse the price you paid for the Product and the cost of delivery that you paid. 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. We will also cancel immediately your access to the Digital Content (which is supplied free as an accompaniment to the Product).
6.8 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. Subject to that, we will make the reimbursement without undue delay, and not later than:
(a) 14 days after the day we receive back from you any goods supplied, or
(b) (if earlier) 14 days after the day you provide evidence that you have returned the goods, or
(c) if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel the Contract.
6.9 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. You will not incur any fees as a result of the reimbursement (this is without prejudice to our right to make a deduction under clause 6.7).
6.10 Where you have received the Product, you shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. This deadline is met if you send back the goods before the period of 14 days has expired.
6.11 You will have to bear the direct cost of returning the goods.
6.12 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.
6.13 We are under a legal duty to supply goods that are in conformity with the Contract. As a consumer, you will always have legal rights in relation to the Product or Digital Content that is faulty or not as described. These legal rights are not affected by the cancellation and returns policy in these Terms.
7. Ownership and intellectual property rights
7.1 Subject to clause 7.2, you own the Product once we have received payment in full, including any applicable delivery charges.
7.2 Unless otherwise stated, all copyright, database rights, and other intellectual property rights, wherever in the world subsisting, in and to the contents of the Product and the Digital Content belong to us including, without limitation, the text, images, and the selection and arrangement of the information contained in the Product and Digital Content. Where we fulfil an order for Digital Content, we grant you a non-exclusive non-transferable licence for the period covered by your subscription (as indicated on the Order Confirmation) to access, download, and use the Digital Content. This licence is personal to you and may not be transferred, licensed, or loaned to anyone else.
7.3 "NCT" is a registered trade mark of the NCT.
8. Important note about the information in the product and digital content
8.1 The information contained in the Product and Digital Content (Information) is compiled by volunteer researchers. The nature of the Information is such that it can change from time to time. While we endeavour to review our Digital Content on a regular basis, we do not guarantee that Information is complete or accurate, or up to date. The views expressed are not necessarily those of the contributors or NCT. An entry in the Product or Digital Content is not necessarily a recommendation. We are not responsible for any errors or omissions.
9. Our liability if you are a consumer
This clause only applies if you are a consumer.
9.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract. We are not responsible for any loss or damage that is not foreseeable.
9.2 We only supply the Product and Digital Content for domestic and private use. You agree not to use it for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
9.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
10. Our liability if you are a business
This clause only applies if you are a business customer.
10.1 We only supply the Product and Digital Content for internal use by your business, and you agree not to use the Product for any re-sale purposes.
10.2 Nothing in these Terms limit or exclude our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
(d) defective products under the Consumer Protection Act 1987.
10.3 Subject to clause 10.2, we will under no circumstances whatever be liable to you, whether in contract, delict (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
10.4 Subject to clause 10.2 and 10.3 , our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, delict (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 200% of the price of the Product or Digital Content (as the case may be).
10.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Product or Digital Content or the Information. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Product, Digital Content or Information are suitable for your purposes.
11. Events outside our control
11.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control means any act or event beyond our reasonable control, including fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, strikes, industrial disputes, failure of public or private telecommunications networks, any law or any action taken by a government or public authority, non-performance or failure by or on behalf of our suppliers or subcontractors, or the impossibility of the use of means of public or private transport.
11.2 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control;
(c) where the Event Outside Our Control affects our delivery of the Product to you, will arrange a new delivery date with you after the Event Outside Our Control is over;
(d) where, due to an Event Outside Our Control, you are unable to access the Digital Content for a period of more than one hour, we will credit your account with one extra day for every 24 hour period or part thereof during which you have no access. The extra day(s) will be added to your then current subscription expiry date. By way of example:
Period of loss of access No. Of days to be credited 59 minutes None 1 hour 1 day 24 hours 1 day 24 hours 1 minute 2 days
12. Other important terms
12.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
12.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
12.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
12.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
12.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
12.6 If you are a consumer, please note that these Terms are governed by Scots law. This means a Contract for the purchase of the Product or the supply of Digital Content through our site and any dispute or claim arising out of or in connection with it will be governed by Scots law. You and we both agree that the courts of Scotland will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of England, you may also bring proceedings in England.
12.7 If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Scotland and we both irrevocably agree that the courts of Scotland shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).