Terms And Conditions
We grant you a personal, limited, non-transferable, non-exclusive license to access and use the Site. We reserve the right, in our sole discretion and without notice to you, to revise the products and services available on the Site and to change, suspend or discontinue any aspect of the Site and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. Your continued use of the Site will constitute your acceptance of any such changes.
Conditions of Use
WEBSITE TERMS AND CONDITIONS
THESE TERMS AND CONDITIONS APPLY TO THE USE OF THIS WEBSITE AT http://www.howtotrainyourlittleeinstein.com . BY ACCESSING THIS WEBSITE AND/OR PLACING AN ORDER, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO REGISTER WITH US OR ORDER FROM US. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE.
How To Train Your Little Einstein website is operated by: Lumber Curve Ltd.
Our contact details are as follows:
1. IN GENERAL
1.1 You will be able to access most areas of this Website without registering your details with us. Access to and use of this Website and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all of the Terms of Service.
1.2 We may revise these terms and conditions at any time by updating this posting. You should check this Website from time to time to review the then current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this Website.
1.3 Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
2. TERMS OF SALE
2.1 You are deemed to place an order with us by ordering via our online checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement, detailing the subscription you have ordered.
2.2 By placing an order you are offering to purchase a subscription on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
2.3 Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are limited to mainland UK and subject to any delays resulting from postal delays or force majeure for which we will not be responsible. 2.4 Our acceptance of an order takes place when we change the order status to accepted. When we despatch the order the purchase contract will be made even if your payment has been processed immediately, unless we have notified you that we do not accept your order or you have cancelled your order.
2.5 We list availability information for subscription sold by us on the website. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. Please note that dispatch estimates are just that. They are not guaranteed dispatch times and should not be relied upon as such. As we process your order, we will inform you by email if any subscription you order turn out to be unavailable.
2.6 We may refuse to accept an order:
where items are not available;
where we cannot obtain authorisation for your payment;
if there has been a pricing or product description error; or
if you do not meet any eligibility criteria set out in our terms and conditions.
2.7 All credit and debit card holders are subject to validation and authorisation by both us and the card issuer, to maintain security and prevent fraud.
3. PRICING AND AVAILABILITY
3.1 Our prices do not include VAT as we are not registered for VAT.
3.2 Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure shown elsewhere on this Website.
3.3 Our prices are reviewed regularly.
3.4 Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, some of our subscriptions in our catalogue are mis-priced. If a subscription's correct price is lower than our stated price, we charge the lower amount. If a subscription's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before dispatch or cancel your order and notify you of such cancellation.
4. CANCELLATION AND RETURNS POLICY
4.1 If you wish to cancel your subscriptions:
you can notify us by email to email@example.com before we have dispatched the goods to you;
where goods have already been dispatched to you, you will be refunded the remaining term of your subscription.
4.3 You can return the challenges packs you have received from us for any reason at any time within 14 days of the subscription contract date for a full refund. Four days should be allowed for postage, so please ensure your challenges packs are posted within 10 days of receipt. The costs of returning the challenges packs to us shall be borne by you.
4.4 For subscription ordered after November 1 as Christmas/Holiday gifts, any return will need to have been received by us by January 12
4.5 Upon receipt of the challenges packs we will give you a full refund of the amount paid or remaining subscription term. If you have requested a refund, any refund due will be credited back to the payee of the original subscription. We will let you know as soon as the refund has been processed. Please note that we are unable to offer credit notes.
4.6 The rights to return the goods to us as referred to in clause 4.4 will not apply in the following circumstances: -
in the event that the challenges pack has been used.
in the event that the challenges pack has been damaged.
to any challenges pack that we have made or customised specifically for you
We reserve the right to refuse returns of items where it is apparent that it is deemed inappropriate.
The provisions of this clause 4.6 do not affect your statutory rights.
If you have requested replacements of a higher value, any difference due will be charged to the card used to pay for the original order. Please note that, on orders paid for with only a gift card, we are unable to process replacements of a higher value than is available on the gift card. In these circumstances, you should request a refund for the returned goods. Once this refund has been processed to your gift card you will then be able to use the balance to place a new order, giving your additional payment details for any extra balance on the order form.
4.7. RETURN OF FAULTY PACKS
If you believe the challenges packs we have supplied to you are faulty, you should return the item to us together with a note, explaining what you believe is the problem and stating the original order number. When we receive the item, we will investigate the fault and contact you to agree the most appropriate resolution.
Please quote your order number on the top left hand side of the package, to assist us in identification on return to How To Train Your Little Einstein.
4.8. DISCOUNT CODES
Account discount codes - Discount codes may from time to time be offered to account holders; such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered.
Promotional discount codes - We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made though this Website.
4.9. FREE Items
Items received "free" may be returned but not entitled for any refund or exchange for any other products or monies.
You may receive one or more "free" items with each online transaction subject to the terms and conditions of the promotions in effect at the time of the transaction.
When you receive a "free" item as part of a promotion, you are not charged shipping or handling fees for that "free" item.
Free items must not be used or damaged.
5.1 You are permitted to print and download extracts from this Website for your own use on the following basis:
no documents or related graphics on this Website are modified in any way;
no graphics on this Website are used separately from accompanying text;
any of our copyright and trademark notices and this permission notice appear in all copies.
5.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from this Website other than in accordance with clause 5.1 above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
5.3 Subject to clause 5.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
5.4 Any rights not expressly granted in these terms are reserved.
6. SERVICE ACCESS
6.1 While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.
6.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
7. VISITOR MATERIAL AND CONDUCT
7.2 You are prohibited from posting or transmitting to or from this Website any material:
that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
for which you have not obtained all necessary licences and/or approvals;
which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world;
which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
7.3 You may not misuse the Website (including, without limitation, by hacking).
7.4 We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 7.2 or 7.3.
8. LINKS TO AND FROM OTHER WEBSITES
8.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
8.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
you do not remove, distort or otherwise alter the size or appearance of the How To Train Your Little Einstein logo;
you do not create a frame or any other browser or border environment around this Website;
you do not in any way imply that we are endorsing any products or services other than our own;
you do not misrepresent your relationship with us nor present any other false information about us;
you do not otherwise use any How To Train Your Little Einstein trademarks displayed on this Website without our express written permission;
you do not link from a website that is not owned by you;
your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
We expressly reserve the right to revoke the right granted in this clause 8.2 for breach of these terms and to take any action we deem appropriate.
8.3 You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of clause 8.2.
9.1 To register with How To Train Your Little Einstein you must be over eighteen years of age.
9.2 Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.
9.3 Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.
9.4 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.
10.1 While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.
10.2 The material on this Website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.
11.1 We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
11.2 Nothing in these terms and conditions shall exclude or limit our liability for
death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977);
misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.
11.3 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
11.4 You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
You agree to indemnify, defend and hold harmless How To Train Your Little Einstein, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
15. GOVERNING LAW AND JURISDICTION
15.1 These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts.
15.2 We do not warrant that materials/items for sale on the Website are appropriate or available for use outside the United Kingdom. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.
16.1 You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions
16.2 If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.
16.3 Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.
17. ENTIRE AGREEMENT
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and How To Train Your Little Einstein. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of How To Train Your Little Einstein.
18. ETHICAL SOURCING POLICY
As a reputable and trusted business committed to offering its customers high quality products, How To Train Your Little Einstein recognizes its obligation to ensure that suppliers are operating ethically.
We expect our suppliers to consistently provide an environment which protects their employees' health and safety and basic human rights.
All suppliers are expected to comply with their national employment laws and regulations with particular regard to:
Minimum age of employment
Freely chosen employment
Health and safety
Freedom of association and the right to collective bargaining
No harsh or inhumane treatment
Rates of pay
Terms of employment
How To Train Your Little Einstein will never knowingly source stock from countries which are in breach of the above principles. We also look to our suppliers to instil these principles when dealing with their own supplier base.
Because of the sometimes complex nature of our suppliers' supply chain, it is not always possible to monitor and control the conditions of each individual involved in the production of our products. However, as How To Train Your Little Einstein continues to grow it recognises the importance of being proactive and doing everything within its power to support the rights of those involved in the manufacture of its goods.
19. Stars and Rewards system
19.1 Stars have no retail value, are not redeemable for cash or any other form of credit, and have no value until presented for redemption in accordance with these Terms and Conditions. Members have no ownership interest in accrued Stars, and accrued Stars do not constitute property of a Member. Use of the word “earn” herein, or in marketing materials, in relation to Reward Stars shall mean “collect” and shall not mean that the Stars have any value until they are presented for redemption. Stars may not be purchased or sold, and are not transferable, except as otherwise stated herein.
19.2 Stars Expiration. SUBSCRIPTION MEMBERSHIP STARS (SEE BENEFITS, HERE) WILL EXPIRE IF YOUR SUBSCRIPTION MEMBERSHIP ACCOUNT BECOMES INACTIVE FOR ANY PERIOD OF TWELVE (12) MONTHS OR LONGER, WHICH MEANS YOUR STARS WILL BE REMOVED FROM YOUR ACCOUNT AND WILL NO LONGER BE AVAILABLE FOR REDEMPTION. To maintain the Stars in your membership account, you must have at least one “earn” or “redeem” transaction posted to your account every twelve (12) months. Receiving a challenges pack does not constitute an “earn” or “redeem” activity to prevent Stars expiration. If you redeem Stars for any reward, the redemption activity does not prevent Stars expiration. Stars do not expire for current Subscription Members, although Stars may expire twelve (12) months after the subscription account is terminated and if there is no “earn” or “redeem” activity during those twelve (12) months.
19.3 Stars from Promotions. How To Train Your Little Einstein may offer limited-time promotions that offer bonus Stars and/or partner Stars. Those promotions are governed by these Terms and Conditions but may have additional terms and conditions specific to the individual promotion. Many of these promotions are only available to Subcription Members who receive a specific, targeted communication from How To Train Your Little Einstein. Registration for a targeted offer for which you are not invited to participate is not permitted. Doing so is a Program violation and may result in any or all of the following: the freezing of your account, the forfeiture of all of your Stars, rewards, vouchers, or merchandise issued pursuant to Stars redemptions, and any accrued Stars in your account, as well as cancellation of the account and your future participation in the Program.
19.4 Point Transfers. Points may NOT be transferred between any two specifically designated Subscription accounts.
19.5 Stars may be redeemed for Rewards, and the number of Stars required for a Reward varies by brand and model. Stars values for any rewards may change at any time. Stars have no value until presented for redemption by the Member.
19.6 How To Train Your Little Einstein reserves the right to restrict, suspend, modify, discontinue, substitute, or cancel the Rewards System and rewards at any time without notice.