Terms & Conditions
Please read these Conditions carefully before ordering any Goods from Profile Education. You agree to be bound by these Conditions upon ordering any Goods.
1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply goods to you.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide the goods to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
1.3 This is our entire agreement with you. These terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
2. Information about us and how to contact us
2.1 Who we are. We are Profile Education Limited a company registered in England and Wales. Our company registration number is 06280226 and our registered office is at 20-24 Gibraltar Row, King Edward Industrial Estate, Liverpool, L3 7HJ. Our registered VAT number is GB917 6891 79.
2.2 How to contact us. You can contact us by telephoning our customer service team at 0151 479 3030 or by writing to us at firstname.lastname@example.org.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. Our contract with you
3.1 How you can place your order. You can place your order at www.profile-education.co.uk or in writing to us at email@example.com.
3.2 How we will accept your order. 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.
3.3 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the goods. This might be because;
(a) the goods are out of stock;
(b) there are unexpected limits on our resources which we could not reasonably plan for;
(c) a credit reference we have obtained for you does not meet our minimum requirements;
(d) we have identified an error in the price or description of the goods;
(e) you have not provided a delivery address or the required contact information;
(f) we are unable to meet a delivery deadline you have specified;
(g) you have requested goods from us but you have not put us in cleared funds where we deal with you on a proforma basis and as a result we don’t dispatch goods to you; or
(h) you have breached the terms of the 30 day credit facility, if made available to you.
3.4 Your order number. 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.
3.5 We only sell to the UK and the Republic of Ireland. Our website is solely for the promotion of our goods in the UK and the Republic of Ireland. Unfortunately, we do not accept orders from addresses outside the UK or the Republic of Ireland.
4. Our Goods
4.1 Goods may vary slightly from their pictures. The images of the goods on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the goods. Your goods may vary slightly from those images.
4.2 Goods packaging may vary. The packaging of the goods may vary from that shown in images on our website.
5. Your rights to make changes
If you wish to make a change to the goods you have ordered please contact us. 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 goods, 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.
6. Our rights to make changes
6.1 Minor changes to the goods. We may change the goods to reflect changes in relevant laws and regulatory requirements and to implement minor technical adjustments and improvements. These changes will not affect your use of the goods.
7. Providing the goods
7.1 Delivery costs. The costs of delivery will be as displayed to you on our website.
7.2 When we will provide the goods. During the order process we will let you know when we will provide the goods to you. If the goods are provided on an ongoing or subscription basis, we will also tell you during the order process when and how you can end the contract.
(a) We will advise you when goods will be dispatched to you in our email acknowledgment of your order to you, however, where the goods are not in stock we will advise you of an estimated date of dispatch.
(b) Our estimated timeframes for delivery of the goods to you are;
(i) 10 business days from the date that we received your order if the goods are in stock; or
(ii) 3-4 months from the date that we receive your order if the goods are out of stock.
7.3 If you place an ongoing order, we will supply the goods to you until either the subscription expires (if applicable) or you end the contract as described in clause 7.14 or we end the contract as described in clause 10.
7.4 We are not responsible for delays outside our control. If our supply of the goods is delayed by an event outside our control then we will contact you as soon as possible to let you know and where possible 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 goods you have paid for but not received.
7.5 Collection by you. If you have asked to collect the goods from our premises, you can collect them from us at any time during our working hours of 0900 to 1700 on Mondays to Fridays (excluding public holidays).
7.6 If there is no one at the delivery address. If no one is available at the delivery address to take delivery and the goods cannot be posted through the letterbox at the delivery address, we will leave you a note informing you of how to rearrange delivery or collect the goods from us.
7.7 If you do not re-arrange delivery. If you do not collect the goods from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery 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 10.2 will apply.
7.8 If you do not allow us access to deliver the goods. If we are not allowed access to the delivery address to deliver the goods as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and clause 10.2 will apply.
7.9 When you become responsible for the goods. The goods will be your responsibility from the time we deliver the goods to the address you gave us or you or a carrier organised by you collect it from us.
7.10 When you own goods. You own the goods once we have received payment in full.
7.11 What will happen if you do not give required information to us. We need a delivery address, a name of who to send the goods to, an email address and a telephone number so that we can supply the goods to you. The delivery address and contact information we require is requested when you place an order for the goods on our website. If you do not give us this information we will ask you for it and if you do not provide the delivery address and contact information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for withholding the order, supplying the goods late or not supplying any part of them if this is caused by you not giving us the delivery address and/or contact information we need within a reasonable time of us asking for it.
7.12 Reasons we may suspend the supply of goods to you. We may have to suspend the supply of goods to:
(a) deal with technical problems or make minor technical changes; or
(b) update the goods to reflect changes in relevant laws and regulatory requirements.
7.13 Your rights if we suspend the supply of goods. We will contact you in advance to tell you we will be suspending supply of the goods unless the problem is urgent or an emergency. You may contact us to end the contract for goods if we suspend it, or tell you we are going to suspend it and we will refund any sums you have paid in advance for the goods in respect of the period after you end the contract.
7.14 We may also suspend supply of the goods if you do not pay. If you do not pay us for the goods when you are supposed to (see clause 13.3), including if you have not paid all outstanding balances on the terms of any credit facility offered to you, we may suspend supply of the goods until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the goods. We will not suspend the goods where you have reasonable cause dispute the unpaid invoice (see clause 13.6). We will not charge you for the goods during the period for which they are suspended. As well as suspending the supply of goods we can also charge you interest on your overdue payments (see clause 13.5).Your rights to end the contract.
8. Your rights to end the Contract
8.1 You can always end your contract with us. 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:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the goods repaired or replaced or to get some or all of your money back), see clause 12;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2; or
(c) In all other cases (if we are not at fault and you exercise your right to change your mind), see clause 8.3.
8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any goods which have not been provided. The reasons are:
(a) we have told you about an error in the price or description of the goods you have ordered and you do not wish to proceed;
(b) there is a risk that supply of the goods may be significantly delayed because of events outside our control;
(c) we have suspended supply of the goods for technical reasons, or notify you we are going to suspend them for technical reasons; or
(d) you have a legal right to end the contract because of something we have done wrong.
8.3 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you exercise your right to change your mind (see clause 8.1), you can still end the contract either before it is completed, or by notifying us and returning the goods in accordance with clause 9.2, but you may have to pay us compensation. A contract for goods is completed when the goods are delivered and paid for. If you want to end a contract before it is completed where we are not at fault and you are exercising your right to change your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for goods not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
8.4 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of bespoke corrugated fibre board products and you will have no right to any refund whatsoever.
9 How to end the contract with us
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by calling customer services on 0151 479 3030 or email us at firstname.lastname@example.org. Please provide your name, home address, details of the order and, where available, your phone number and email address.
9.2 Returning goods after ending the contract. If you end the contract for any reason after goods have been dispatched to you or you have received them, you must return them to us within 30 days. You must either return the goods in person to where you bought them, post them back to us at Lawtons Ltd, Unit A, 5-7 Commercial Road, Liverpool, L5 7RD or (if they are not suitable for posting) allow us to collect them from you. Please call customer services on 0151 479 3030 or email us at email@example.com for a return label or to arrange collection.
9.3 When we will pay the costs of return. We will pay the costs of return:
(a) if the goods are faulty or misdescribed; or
(b) if you are ending the contract because we have told you of an upcoming change to the goods 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.
In all other circumstances you must pay the costs of return.
9.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the goods from you, we will charge you the reasonable costs to us of collection.
9.5 How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the goods including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
9.6 When your refund will be made. We will make any refunds due to you as soon as reasonably practicable but only after we (Profile Education Limited) have returned and inspected the goods. We will notify you that we have received your returned goods. We will also notify you of the approval or rejection of your refund request on the basis of the returned goods. If your refund is approved, the refund will be processed and a credit will automatically be applied to your original method of payment.
10 Our rights to end the contract
10.1 We may end the contract if you break it. We may end the contract for goods at any time by writing to you if:
(a) you do not make any payment to us when it is due, including where you breach the terms of your credit facility, and you still do not make payment when we remind you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the goods, for example, any bespoke or specific requirements; or
(c) you do not, within a reasonable time, allow us to deliver the goods to you or collect them from us.
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for goods we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of you breaking the contract.
10.3 We may withdraw the goods. We may write to you to let you know that we are going to stop providing the goods. We will let you know as soon as reasonably practicable in advance of our stopping the supply of the goods and will refund any sums you have paid in advance for goods which will not be provided.
11 If there is a problem with the goods
How to tell us about problems. If you have any questions or complaints about the goods, please contact us. You can telephone our customer service team at 0151 479 3030 or write to us at firstname.lastname@example.org.
12 Your rights in respect of defective goods
12.1 We warrant that on delivery, and for a maximum period of 12 months from the date of delivery (manufacturers warranty period), goods shall:
(a) conform in all material respects with their description and any relevant bespoke specification that we agree with you;
(b) be free from material defects in design, material and workmanship;
(c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
(d) be fit for any purpose held out by us.
12.2 Notwithstanding clause 12.1, where a manufacturer offers a longer warranty period than the manufacturers warranty period set out in clause 12.1, the goods shall be under warranty for that longer warranty period.
12.3 We also warrant that on delivery, and for a period of 6 months from the date of delivery any spare parts (spare parts warranty period) shall;
(a) confirm in all materials respects with their description and any relevant bespoke specification that we agree with you;
(b) be free from material defects in design, materials and workmanship;
(c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
(d) be fit for any purpose held out by us.
12.4 Subject to clause 12.5, if:
(a) you give us notice in writing during the manufacturers warranty period or spare parts warranty period (as is appropriate in the circumstances) within a reasonable time of discovery that the goods do not comply with the relevant warranty as set out in clause 12.1 or clause 12.3;
(b) we are given a reasonable opportunity of examining such goods; and
(c) you return such goods to us at our cost,
(d) we shall, at our option, repair or replace the defective goods, or refund the price of the defective goods in full.
12.5 We will not be liable for the goods failure to comply with the relevant warranty in clause 12.1 or clause 12.3 if:
(a) you make any further use of such goods after giving a notice in accordance with clause 8.1(a);
(b) the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the goods or (if there are none) good trade practice;
(c) the defect arises as a result of us following any drawing, design or specification supplied by you;
(d) you alter or repair the goods without our written consent; or
(e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
12.6 Except as provided in this clause 12, we shall have no liability to you in respect of the failure of the goods to comply with the warranties set out in clause 12.1 and clause 12.3.
12.7 These terms shall apply to any repaired or replacement goods supplied by us under clause 12.2.
13 Price and payment
13.1 Where to find the price for the goods. The price of the goods (which is exclusive of VAT) 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 goods advised to you is correct. However please see clause 13.2 for what happens if we discover an error in the price of the goods you order
13.2 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the goods we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the goods’ correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the goods’ 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 and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
13.3 When you must pay and how you must pay. We accept payment;
(a) By credit or debit card (we accept MasterCard, Visa or Delta) where you will be charged at the point of order;
(b) By cheque or BACS transfer – on 30 day terms where we raise an invoice to you for the goods;
(c) By credit card up to a maximum of £500 – where we raise a proforma invoice to you;
(d) Or on agreed 30 day credit facility terms
In the event an invoice is unpaid under clause 13.3(c) or a credit facility limit is reached we reserve the right to suspend the supply of goods in accordance with clause 7.14 and refuse to take any further orders by credit card until outstanding invoices are paid and/or the credit facility is brought down to a level deemed acceptable to us.
13.4 Our right of set-off. You must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
13.5 We can charge interest if you pay late. 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 4% a year above the base lending rate of Bank of England base rate 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.
13.6 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly by e-mail email@example.com to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
14 Our responsibility for loss or damage suffered by you
14.1 Nothing in these terms shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation; or
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982.
14.2 Except to the extent expressly stated in clause 12.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
14.3 Subject to clause 14.1:
(a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
(b) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sum paid by you for goods under such contract.
15 How we may use your personal information
16 Other important terms
16.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
16.2 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
16.3 If a court finds part of this contract illegal, the rest will continue in force. 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.
16.4 Even if we delay in enforcing this contract, we can still enforce it later. 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 goods, we can still require you to make the payment at a later date.
16.5 Which laws apply to this contract and where you may bring legal proceedings. Any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim