Terms & conditions of website use, disclaimer, copyright.
Terms and Conditions
Orders submitted on (”the Website”) are subject to the terms and conditions (”the Conditions”) set out below. Any reference in the Conditions to writing includes facsimile and e-mail; reference to the Parties means You and The Story Spinner; and any reference to Working Days means between 0900 and 1700 hours on any day excluding Saturdays, Sundays and UK Public Holidays.
1.1 You may place an order for goods (”the Goods”) by submitting a completed order form on the Website. If The Story Spinner accepts Your order, it will confirm acceptance in writing and will supply the Goods to You in accordance with Your order and these conditions (”the Contract”).
1.2 The Story Spinner intends the terms set out in these Conditions to be included in the Contract. Please read these Conditions carefully and inform The Story Spinner if You do not understand or agree with anything in these Conditions. If You require any changes, please make sure You ask for these to be put in writing, to avoid problems in understanding what each Party is expected to do. Any changes to these Conditions must be agreed by both Parties.
2. Orders and prices
2.1 Prices on the Website are valid for the time indicated on the Website [and are subject to availability while stocks last].
2.2 In addition to the price shown for the Goods, You will pay Value Added Tax where appropriate, plus the delivery charges shown on the Website order form (”the Delivery Charges”).
2.3 In the event of an error in any price, sales literature or other document or information issued by The Story Spinner or placed upon the Website, The Story Spinner will correct the information and will notify You as soon as possible of any such error in Your Contract. If you do not wish to proceed on the basis of the correct information, You will be entitled to cancel the relevant part of the Contract and to receive a refund for the part You have cancelled.
3. Right to cancel
3.1 You have the right to cancel the Contract and return the Goods in their original condition within 90 Working Days of receiving the Goods by giving written notice of cancellation, and The Story Spinner shall refund to You the price of the Goods less the Delivery Charges.
3.2 Where You are returning the Goods because of an error on The Story Spinner’ part or because of a defect in the Goods, The Story Spinner shall refund to You the price, the Delivery Charges in sending the Goods to You and the cost You incur in returning the Goods to The Story Spinner by the same method as they were delivered to You.
4. Payment terms
4.1 You may place and order via the Website, over the telephone or by fax or post.
4.2 If You wish to pay by cheque, You must print off a copy of Your order form when You are at the check out and send it with Your cheque, for the full costs of Goods and delivery, to The Story Spinner.
4.3 If You are a school or institution you may order Goods on account. Invoices will be paid within 30 days net.
5.1 If no other delivery time is given on the Website, The Story Spinner shall use reasonable efforts to deliver the Goods to you within 28 days of receiving payment from You in cleared funds.
5.2 The Story Spinner will deliver the Goods to the address given by You in Your order form [and if You do not take delivery or have given inadequate delivery instructions The Story Spinner may store the Goods until actual delivery and charge You for the reasonable costs (including insurance) of storage and redelivery].
The Goods do not belong to You, even though they may have been delivered to You, until The Story Spinner has received the total price (including Delivery Charges) in cleared funds from You. Until that time, You will be responsible for any loss or damage to the Goods (unless caused by The Story Spinner) and The Story Spinner may require You, upon reasonable notice, to return and deliver up the Goods to The Story Spinner, failing which The Story Spinner will take legal proceedings to recover the Goods or their value.
7. Warranty and liability
7.1 Nothing in this clause 7 shall exclude The Story Spinner’ liability for fraudulent misrepresentation or for death or personal injury caused by its negligence.
7.2 The Story Spinner will not be liable for any losses related to any business You might have and where either Party breaches this Contract that Party shall not be liable for any costs or losses suffered by the other Party (or any third party) except where those losses are a reasonably foreseeable consequence of the breach.
7.3 If, notwithstanding the rest of this clause 7, liability attaches to The Story Spinner in no circumstances shall The Story Spinner’ liability to You for a breach of any express or implied terms of the Contract or any other duty of any kind imposed on The Story Spinner by law arising out of or in relation to the Contract exceed the total amount paid for the Goods
7.4 In no event shall either Party be responsible for delays over which it has no reasonable control.
8.1 The Story Spinner may terminate this Contract or any other contract between the Parties and may cancel or suspend future deliveries (under this Contract or any other contract) if Your belongings have been taken away from You to pay off Your debts, or a receiving order has been made against You.
8.2 Either Party may terminate this Contract or any other contract between the Parties and may cancel or suspend future deliveries (under this Contract or any other contract) if the other Party is in breach of these Conditions or any other contract between the Parties, and that breach, if capable of remedy, has not been remedied within  days of the innocent Party giving notice of the breach.
8.3 On termination, all outstanding payments under the Contract shall be payable immediately. 8.4 Termination shall not affect the rights that You or The Story Spinner have under the Contract.
9.1 Any notice required under these Conditions shall be in writing addressed to the other Party at its registered office or any other address notified by the receiving Party to the Party giving the notice. Any notice shall be deemed to be served:
9.1.1 if sent by pre-paid first class post to the Party to whom it is given, on the second Working Day after posting; or
9.1.2 if sent by pre-paid air-mail post to the Party to whom it is given, on the seventh Working Day after posting; or
9.1.3 if sent by email to the Party’s email address at the date and time given on the sender’s transmission acknowledgement slip or (in the case of manifest error or loss of the slip) on receipt.
9.2 No third parties shall have any rights under this Contract as a result of the Contracts (Rights of Third Parties) Act 1999. No variation to this Contract and no subsequent agreement to this Contract creates any such rights unless it expressly states so.
9.3 If any of these Conditions is held by any competent authority to be unlawful, or unenforceable in whole or in part then the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected and shall continue to be valid and enforceable to the fullest extent permitted by law.
9.4 The Contract and these Conditions shall be under English law and are subject to the jurisdiction of the English Courts.
9.5 You shall not transfer, assign or sub-contract Your obligations under the Contract without The Story Spinner’ prior written consent. The Story Spinner may sub-contract any of its obligations under this Contract provided that Your rights are not adversely affected as a result.
9.6 Failure or neglect by The Story Spinner to enforce at any time any of these Conditions shall not be a waiver of Our rights and it shall not affect the validity of the whole or any part of these Conditions or prejudice Our right to take subsequent action.