Terms and Conditions
The following terms apply if you are accessing the site as a customer in the United Kingdom or elsewhere in the world (excluding the United States).
If you live in the United States, you are agreeing to the Terms and Conditions found here.
These Terms and Conditions were last updated on 18th June 2018.
Welcome to Mrs Wordsmith, where, through our products and services, we aim to illustrate the 10,000 words that matter for academic success so that children fall in love with learning.
These Terms and Conditions (“Terms”) apply when you use, access, or create an account on our website, www.mrswordsmith.com (“Site”) and are the terms and conditions on which we supply products to you, whether these are goods, services, or digital content through our Site.
Please read these Terms carefully before using our Site and before submitting your order to us. These Terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem, and other important information.
Our Site is operated by Mrs Wordsmith Limited, whose registered office address is at 1st Floor, Buckhurst House, 42/44 Buckhurst Avenue, Sevenoaks, Kent, United Kingdom, TN13 1LZ (“we”, “us”, or “our”).
We will try to keep everything in these Terms as straightforward as possible, but if there is anything that concerns you or you do not understand, please get in touch with us by emailing email@example.com or writing to us at Exmouth House EX100, 3-11 Pine Street, London EC1R 0JH. If we have to contact you we will do so by writing to you at the email address or postal address you provided to us in your order or account details.
We may update, modify, or replace any part of these Terms on a going-forward basis at any time. It is your responsibility to check this page periodically for changes. If any modification is unacceptable to you, you shall cease using the Site. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
1. ACCESSING AND USING OUR SITE
1.1 Our Site is intended for use by you in your personal capacity, or as a member of staff at a school, children’s nursery, playgroup or academic institution only (“Permitted Organisation”), and may not be used in connection with any commercial endeavours. Commercial organisations, companies, and/or businesses may not create an account and should not use our Site for any purpose, unless otherwise expressly permitted by us.
1.2 If you use the Site on behalf of a Permitted Organisation, including to order our products, you confirm that you are authorised to enter into these Terms on behalf of that Permitted Organisation and, in that case, you agree that the terms “you” and “your,” as used throughout these Terms, apply to both you and the Permitted Organisation.
1.3 You must be over the age of 18 (or the legal age of majority as required in your country or state of residence) (“Eligible”) to use, access, create an account on or purchase products from our Site. By agreeing to these Terms, you represent and warrant to us that: (a) you are Eligible; (b) you have not previously been suspended or removed from use of our Site; and (c) your registration and your use of our Site is in compliance with any and all applicable laws and regulations.
2. CREATING AN ACCOUNT
2.1 To place an order on our Site, you may need to create an online account with us.
2.2 If you create an account, we will obtain certain personal information about you (such as your name, email address and other information you provide or have made publicly available).
2.4 You are responsible for safeguarding your account and are responsible for activities that occur under your account. You must notify us immediately at firstname.lastname@example.org if your password is lost, stolen, or disclosed to an unauthorised third party, or if your account has otherwise been compromised.
3. YOUR ORDER WITH US
3.1 Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we are unable to accept your order, we will inform you of this by email and we will (i) not charge you for the product; or (ii) refund to you any sums you have already paid for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.3 We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
4. PRODUCT ORDERS AND SUBSCRIPTIONS
4.1 The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your device's display of the colours accurately reflects the colour of the products. Your product may therefore vary slightly from those images.
4.2 Our products may be ordered as a “Standalone” purchase (which includes Express Upfront purchases) that is paid for and shipped upfront, or ordered as part of a subscription. We currently offer two types of subscriptions: a “Subscription Pay Monthly” that is shipped and billed on a monthly basis for the subscription term, and a “Subscription Pay Upfront” that is paid upfront but shipped on a monthly basis.
4.3 Standalone: when making a Standalone purchase, you will be charged for the entire product order at the time of purchase and the product will be delivered in accordance with clause 7.2.
4.4 Subscription Pay Monthly: By purchasing a Subscription Pay Monthly, you acknowledge that your subscription has an initial and monthly recurring payment feature for the subscription term you selected (e.g. 3 months, 6 months, or 12 months). You accept responsibility for all monthly recurring charges for the entire subscription term purchased and authorise us to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The “Subscription Billing Date” is the date when you first purchase your Subscription Pay Monthly. Your account will be charged automatically on the Subscription Billing Date all applicable fees and taxes for the next month. The subscription will continue until the end of the applicable subscription term unless and until you cancel your subscription in accordance with clauses 8 or 9, or we terminate it in accordance with clause 10. We will bill the monthly Subscription Fee to the payment method you provide to us during checkout of Subscription Pay Monthly order (or to a different payment method if you change your payment information).
4.5 Subscription Pay Upfront: By purchasing a Subscription Pay Upfront, you will be charged for the entire product order at the time of purchase, but delivery of the product will take place monthly over the subscription term selected (e.g. 3 months, 6 months, or 12 months).
5. YOUR RIGHTS TO MAKE CHANGES
5.1 If you wish to make a change to the product you have ordered please contact us using the information set out above in the preamble to these Terms. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract. Please see clause 8 for more information on your right to end the contract.
6. OUR RIGHTS TO MAKE CHANGES
6.1 We may change our Site to comply with changes in relevant laws and regulatory requirements or to implement minor technical adjustments and improvements. We may change the products available through our Site to comply with changes in relevant laws and regulatory requirements or to implement minor technical adjustments and improvements. These changes will not affect your use of the products.
7.1 The costs of delivery will be displayed to you on our Site during the checkout process. Orders with a delivery address outside the UK may be subject to import duties and taxes (including VAT or sales tax) which are levied once a delivery reaches your destination country. Any such additional charges as well as costs for customs or clearance must be borne by you as the importer of the goods. You should note that customs policies and practices vary widely from country to country. We recommend that you contact your local customs office for further information.
7.2 Where your order is for goods, we will deliver them to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order, unless we contact you with an estimated alternative delivery date.
7.3 Where your order is for a subscription, we will supply the goods to you until the subscription expires (if applicable), or you end the contract as described in clause 8, or we end the contract by written notice to you as described in clause 10.
7.4 If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.5 If after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10 will apply.
7.6 You are responsible for the products you order once we deliver the products to the address you provided us.
7.7 You will own the products you order once we have received payment in full and the products have been received by you.
7.8 We may have to suspend the supply of a product to deal with technical problems or make minor technical changes; update the product to reflect changes in relevant laws and regulatory requirements; make changes to the product as requested by you or notified by us to you (see clause 6).
7.9 If you have purchased a subscription for products through the Site that has not yet been fulfilled, we will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the availability of the product for longer than 30 days we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, (in each case for a period of more than 30 days) and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
7.10 If you do not pay us for the products we provide you under a Subscription Pay Monthly when you are supposed to (see clause 13.4) and you still do not make payment within 7 days of us reminding you that payment is due, we may cancel your subscription and contract with us. We will attempt to process payment multiple times prior to terminating your subscription. We also may suspend or terminate access to the Site in certain cases for accounts for which any amount is due but unpaid. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of Silicon Valley Bank from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
8. YOUR RIGHTS TO END THE CONTRACT
8.1 Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract.
8.2 If what you have bought is faulty or described incorrectly, you may have a legal right to end the contract (or to get the product repaired or replaced). Please see clause 12.
8.3 If you are ending a contract for a reason set out below, the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:
8.3.1 we have told you about an upcoming change to the product or these Terms which you do not agree to;
8.3.2 we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
8.3.3 there is a risk that supply of the products may be significantly delayed because of events outside our control;
8.3.4 we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or
8.3.5 you may have a legal right to end the contract because of something we have done wrong (for example, because we have delivered the product late).
8.4 For most products bought online you have a legal right under the Consumer Contracts Regulations 2013 to change your mind within 14 days and receive a refund. How long you have to change your mind depends on what you have ordered and how it is delivered:
8.4.1 if you have bought goods from us, you have 14 days after the day you receive the goods to change your mind;
8.4.2 if goods you have bought in a single order (not including subscriptions – see clause 8.4.3 below) are split into several deliveries over different days by us, you have until 14 days after the day you receive the last delivery to change your mind (this does not include goods received as part of subscriptions, which are addressed in clause 8.4.3 below);
8.4.3 for Standalone, Subscription Pay Monthly or Subscription Pay Upfront orders, you have 14 days after the day you receive the first delivery of the goods to change your mind.
8.5 You do not have the right to change your mind in respect of digital products after you have started to download or stream these or services we may provide, once these have been completed, even if the cancellation period is still running.
8.6 You may cancel your Subscription Pay Monthly by contacting us at email@example.com or by submitting a request through the contact form on our website and terminate your contract with us under these Terms by deleting your account and ceasing your use of the Site.
9. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
9.1 To exercise your right to cancel, you must inform us of your decision to cancel the contract by a clear statement (e.g. a letter sent by post or e-mail). You may use our customer support contact form. Please provide your name, home address, details of the order and, where available, your phone number and email address.
9.2 If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us in the same condition they were delivered to receive a refund. You must post them back to us at Mrs Wordsmith Ltd, Exmouth House EX100, 3-11 Pine Street, London EC1R 0JH. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
9.3 We will pay the costs of return if the products are faulty or described incorrectly, or if you are ending the contract because of a change to the product or these Terms, an error in pricing or description, a delay in delivery due to events outside our control, or because you have a legal right to do so as a result of something we have done wrong.
9.4 In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
9.5 We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
9.6 If you are exercising your right to change your mind:
9.6.1 We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
9.6.2 Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
9.7 We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
9.7.1 if the products are goods, your refund will be made within 14 days from the day on which we receive the product back from you; or
9.7.2 in all other cases, your refund will be made within 14 days of you telling us you have changed your mind.
10. OUR RIGHTS TO END THE CONTRACT
10.1 We may end the contract for a product at any time by writing to you if:
10.1.1 you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
10.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; or
10.1.3 you do not, within a reasonable time, allow us to deliver the products to you.
10.2 If we end the contract in the situations set out in clause 10.1 above, we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you a fee as compensation for the net costs we will incur as a result of your breaking the contract.
10.3 We may write to you to let you know that we are going to stop providing the product. We will let you know in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
11. EFFECTS OF TERMINATION
11.1 Upon termination of these Terms: (a) your licence rights will terminate and you must immediately cease all use of the Site; (b) you will no longer be authorised to access your account or the Site; (c) you must pay us any unpaid amount that was due prior to termination; and (c) all payment obligations accrued prior to termination and clauses 11, 14, 16, 20.1 and 21 will survive.
12. IF THERE IS A PROBLEM WITH THE PRODUCT
12.1 If you have any questions or complaints about the product, please contact us. You can write to us at firstname.lastname@example.org or Exmouth House EX100, 3-11 Pine Street, London EC1R 0JH.
12.2 We are under a legal duty to supply products that are in conformity with this contract.
12.3 If you wish to exercise your legal rights to reject products you must post them back to us. We will pay the costs of postage. Please contact us at email@example.com to obtain a return label.
13. PRICE AND PAYMENT
13.1 The price of the product (which includes VAT, sales tax, or other applicable taxes) will be the price indicated on the order pages when you placed your order. We use our best efforts to ensure that the price of the product advised to you is correct.
13.2 We will pass on changes in the rate of VAT (or applicable tax). If the rate of VAT (or applicable tax) changes between your order date and the date we supply the product, we will adjust the rate of VAT (or applicable tax) that you pay, unless you have already paid for the product in full before the change in the rate of VAT (or applicable tax) takes effect. For products shipped within the United States, please refer to the Terms and Conditions found here.
13.3 It is possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
13.4 We accept payment by credit and debit cards as stated on our Site. You agree to pay the costs of the products and Subscription products as set out on our Site and accordingly authorise us or our third party payment processors to charge your payment provider for these products. If you have a credit account with us, you authorise us to make payment from this account for the products you order from us.
13.5 Upon your request, we may agree to invoice you for the price of the products and you shall pay each invoice within 30 days of receipt, to a bank account nominated in writing by us.
14. OUR RESPONSIBILITY FOR LOSS AND DAMAGE SUFFERED BY YOU
14.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
14.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for:
14.2.1 death or personal injury caused by our negligence or the negligence of our employees;
14.2.2 fraud or fraudulent misrepresentation;
14.2.3 breach of your legal rights in relation to the products as summarised at clause 12.2 and
14.2.4 defective products under the Consumer Protection Act 1987.
14.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15. HOW WE MAY USE YOUR PERSONAL INFORMATION
15.1.1 to supply the products to you;
15.1.2 to process your payment for the products; and
15.1.3 if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
16. DISCLAIMER OF WARRANTIES
16.1 All products and services delivered to you through the Site are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
17. WE ARE NOT RESPONSIBLE FOR THE CONTENT OF WEBSITES WE LINK TO
17.1 Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
17.2 We have no control over the contents of those sites or resources, and, to the fullest extent permitted by law, we are not responsible for any third party service or the content therein.
18. USER-GENERATED CONTENT IS NOT APPROVED BY US
18.1 Our Site may include information and materials uploaded by other users of the site. This information and these materials have not been verified or approved by us. The views expressed by other users on our Site do not represent our views or values.
18.2 If you wish to complain about information and materials uploaded by other users, please email us at firstname.lastname@example.org.
19. INTELLECTUAL PROPERTY RIGHTS
19.1 The Site is owned and operated by Mrs Wordsmith Limited. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Site (“Materials”) provided by us are protected by intellectual property and other laws. All Materials included in the Site are the property of us or our third party licensors. Except as expressly authorised by us, you may not make use of the Materials. We reserve all rights to the Materials not granted expressly in these Terms.
19.2 Subject to your complete and ongoing compliance with these Terms, we grant you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Site.
20. OTHER IMPORTANT TERMS
20.2 You may only assign or transfer your rights or your obligations under these Terms, to another person if we agree to this in writing.
20.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
20.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
20.5 If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
20.6 Your use of the Site is subject to all additional terms, policies, rules, or guidelines applicable to the Site or certain features of the Site that we may post on or link to from the Site (the “Additional Terms”) and notify to you from time to time. You should check the Site regularly for updates and to see if any Additional Terms have been added All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
20.7 In the event that any provision of these Terms is deemed to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of the other remaining provisions.
20.8 These Terms are governed by English law and you can bring legal proceedings in respect of the products in the local English courts in which you are resident. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.