1. AGREEMENT TO TERMS AND CONDITIONS
1.1 The website www.beansandsparks.com ("the website") is owned and operated by Bright Productions Ltd, trading as beans&sparks. References to "we", "us", or "our" are references to Bright Productions Ltd. We are a company registered in England and Wales (company number 10985739) and our registered office and address for correspondence is:
57 Jeddo Road
London W12 9ED
1.2 Your use of this website and purchase of any products from this website is at all times subject to these Terms and Conditions. By accessing our website you agree to our Terms and Conditions set out below. If you do not agree to these Terms and Conditions, you must exit our website immediately.
1.3 We reserve the right, from time to time, with or without notice to you, to change these Terms and Conditions at our sole discretion. The Terms and Conditions applicable to your access to and use of this website will be the version that is current and displayed on the website as at each date you access the website. Your use of the website after changes are made means that you agree to be bound by such changes.
2. JOINING US
2.1 In order to purchase subscription products from the website, you need to provide:
• your full name
• a valid and current email address
• your delivery address
• your payment card details or Paypal account
• name of your child(ren)
2.2 In order to register an account you must be an individual and agree to comply with these Terms and Conditions. If you are registering on behalf of an organisation or company you must have the authority to bind that company. If you are under 18 years of age and you order goods from the website, please note that you are liable to pay for such order and be held responsible for your order.
2.3 You warrant that all information you provide to us when registering an account is true and accurate to the best of your knowledge and belief. It is your responsibility to ensure the information in your account is updated regularly with any relevant changes.
2.4 We reserve the right to reject any discount code or credit and/or reclaim the amount of any discount or credit if we consider that it is being used in breach of these Terms or is otherwise being abused.
2.5 You are responsible for all activities and purchases that occur under your account. You must notify us immediately at email@example.com if you know of, or suspect, that anyone has obtained access to your account or if you otherwise become aware of any unauthorised use of your account or other security breach.
3. PURCHASE OF SUBSCRIPTION
3.1 When you register an account on the website you will automatically be signed up to receive a monthly delivery of our products. No order is accepted from you until our website displays an order confirmation message. You can manage and make changes to your orders at any time in your account section. Please see our FAQs for more details.
3.2 You may submit orders online at any time after you have created an account. The website allows you to review your order and make any corrections before submitting it to us and by submitting the order you confirm that you have made any such corrections. You cannot choose the book titles that you receive.
FREE OR DISCOUNTED OFFERS FOR SUBSCRIPTION
3.3 From time to time, beans&sparks may run marketing promotions that entitle new customers to discounts on their subscription. You must have internet access and valid payment details to redeem a free or discounted offer.
3.4 There is no obligation to continue your subscription, but you will need to cancel future orders before your next billing date. Your monthly billing date is stated in your initial order confirmation email.
3.5 Free or discount introductory offers apply only to the first account opened per household. Offers must not be used in connection with multiple accounts created or controlled by the same person. Except where otherwise stated, discounts and credits cannot be used in conjunction with any other offers.
3.6 You will be charged the full price for subscription after your discounted offer. We will continue to bill you by your chosen payment method for the service until you cancel your subscription.
4.1 The price of products is as quoted on the website and includes VAT.
4.2 We take payments by continuous payment authority. You will be charged 14 working days before the shipment.
4.3 If your payment fails for whatever reason, you will be notified by email and we will retry the payment several times.
4.4 You agree not to hold us responsible for banking charges incurred due to payments on your account.
4.5 We reserve the right to change the fees for any services at any time. We agree to notify you at least 30 days in advance of any change in fees.
4.6 Upon registering, restarting regular deliveries or changing card details, a £1 payment may be taken from your card in order to authorise it and prevent fraud. This payment will be immediately voided, but some banks may temporarily reflect this against your account balance.
5. CANCELLATION OF SUBSCRIPTION ORDER
5.1 You can cancel your deliveries from your account page. If you've already paid for your next order, that will be the final book you receive and no further charges will be made.
5.2 We reserve the right to terminate or restrict your use of our service, for any reason. One reason that we may do so is if we believe that you are in breach of any obligation under these Terms and Conditions. If we terminate your use of our service as a result of a breach of any obligation under these Terms and Conditions, such termination would be immediate and may be without notice.
5.3 As our books are made-to-order and personalised, they cannot be returned for any reason unless faulty.
6. DELIVERIES AND RETURNS
6.1 Books are delivered through a standard sized letterbox by your local post. Proof of delivery is not obtained. Actual delivery times may vary for you depending on:
• your delivery address
• circumstances impacting delivery by the postage service. We reserve the right to use alternative delivery methods without prior notification
6.2 You will not hold us responsible for any delays, outside our control, which relate to the delivery of books.
6.3 It is your responsibility to report all lost or undelivered books. When a book hasn't been delivered fourteen days after the billing date, email firstname.lastname@example.org to report the book as missing. When the correct process is followed, a replacement book will be sent.
6.4 If you change address, you must update your address for each subscription in your account to ensure that no books are sent out to the wrong address. Please ensure this is done in time to take effect before you move as you will not be refunded for any books posted to the wrong location.
6.5 We reserve the right to cancel your account with us if it becomes apparent that, in our sole opinion, the postal service in your area is too unreliable.
6.6 If you are dissatisfied with any product you receive from us, please contact our customer services team on email@example.com. We retain the right to request a return of any faulty goods by recorded delivery to 57 Jeddo Road, London W12 9ED, and the product will be inspected. If we request recorded delivery, then we will pay for the cost of the postage on provision of the postage receipt. If the fault is agreed, a full refund will be given for the returned goods. Nothing in this section affects your legal rights.
6.7 You will not hold us responsible for any delays, outside our control, which relate to the delivery of books.
6.9 Since books are personalised for your child you cannot return any item to us.
7. WEBSITE USE
7.1 You agree not to upload, post, email or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with this website. You also agree not to interfere with the servers or networks underlying or connected to this website or our services or to violate any of the procedures, policies or regulations of networks connected to this website.
7.2 All content and programming of the website is our property. Except as may be permitted by law, notwithstanding contractual prohibition, you may not reproduce, modify, copy, de-compile or reverse engineer any of the materials, software or content on the website without our written permission. Use of the website is restricted to personal, non-commercial use only.
7.3 You agree not to impersonate any other person while using this website, conduct yourself in an offensive manner while using our website, or use the website for any illegal, immoral or harmful purpose.
7.4 You may not use the website for unlawful purposes or in any way that may damage our name or reputation or that of our affiliates.
7.5 It is your responsibility to ensure your computer system meets all the necessary technical specifications to enable you to access and use the website and is compatible with the website. We may, from time to time, restrict access to certain features, parts or content of the website, or the entire website, to users who have registered with us.
7.6 You are solely responsible for maintaining the confidentiality of your account and password, for all activity that takes place on your account, and for restricting access to your computer. We will not be held liable for any loss or damage that may result from your failure to do so.
7.7 The information contained in this website is for general information purposes only. We endeavour to keep the information contained on the website (other than information provided by the Customer) up-to-date and correct, although there may be times when this is not the case. If you notice any issue with the information on the website, please contact us at firstname.lastname@example.org.
8. AVAILABILITY OF WEBSITE
8.1 Although we aim to offer you the best service possible, we make no promise that our website services will be available all of the time, meet your requirements or are fault free. If a fault occurs in the service, please report it to us at email@example.com and we will correct the fault as soon as we reasonably can.
8.2 Your access to the website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will restore the service as soon as we reasonably can. In the event that our website is unavailable, our usual order and cancellation deadlines apply; please notify us of changes to your subscription via email at firstname.lastname@example.org.
9. INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in or relating to the website (including our text, graphics, software, photographs and other images, videos, sound, trade marks and logos) are owned by us or our licensors. Except where you are given a non-exclusive licence to use the intellectual property rights that you need to enable you to use the website in accordance with these Terms and Conditions, you are not given any rights in respect of the intellectual property rights owned by us or our licensors and you acknowledge and agree that you do not acquire any ownership of, or other rights in relation to, any such intellectual property rights by virtue of using the website.
2. EXTERNAL LINKS
From time to time this website may also include links to other websites that we do not control. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content, privacy policies or operation of such linked website(s), or for anything provided (or not provided) by the third parties controlling such linked websites.
If you create a link to the website and we want you to remove it, we reserve the right to ask you to do so.
11. LIMITATIONS ON LIABILITY
11.1 Nothing in this clause or otherwise in these Terms and Conditions shall exclude or in any way limit our liability:
• for fraud or fraudulent misrepresentation;
• for death or personal injury caused by our negligence;
• for breach of any obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
• under Part I of the Consumer Protection Act 1987; or
• any other liability to the extent the same may not be excluded or limited as a matter of law
11.2 None of these terms restrict any of your statutory rights. For further information about your statutory rights, contact your local authority Trading Standards Department or Citizen's Advice Bureau.
11.3 Subject to clause 11.1, in no event shall we be liable to you for any business losses. Any liability we do have for losses you suffer is strictly limited to the purchase price of the relevant products and to losses that were foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us. Please note that this does not affect your statutory rights.
12. APPLICABLE LAW
Your use of this website is governed by these Terms and Conditions and construed and enforced in accordance with the laws of England and Wales. Disputes arising from your use of this website and the services we provide are subject to the non-exclusive jurisdiction of the courts of England and Wales.
13. ASSIGNMENT BY US
You agree that we may assign any of our rights and/or transfer, subcontract or delegate any of our obligations under these Terms and Conditions. These Terms and Conditions are personal to you and you may not assign any of your rights or transfer, subcontract or delegate any of your obligations under these Terms and Conditions.
14. ACCOUNTS ARE NON-TRANSFERABLE
Accounts with Bright Productions Ltd are not transferable and therefore cannot be sold or traded.
15. NO WAIVER
If we delay exercising or fail to exercise or enforce any right available to us under these Terms and Conditions, such delay or failure does not constitute a waiver of that right or any other rights under these Terms and Conditions.
16. FORCE MAJEURE
We will not be liable to you for any lack of performance, or the unavailability or failure, of this website or our services, or for any failure by us to comply with these Terms and Conditions, where such lack, unavailability or failure arises from any cause reasonably beyond our control.
17. THIRD PARTY RIGHTS
Nothing in these Terms and Conditions confers on any third party any benefits under the provisions of the Contracts (Rights of Third Parties) Act 1999.
18. CONTACTING US
Please submit any questions you have about these Terms and Conditions or an order you have placed or ordering in general by email to email@example.com or write to us at:
57 Jeddo Road
London W12 9ED