Terms and conditions
Please read all these terms and conditions.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with.
1. These Terms and Conditions will apply to the purchase of the services by you (the Customer or you). We are Prep By Post of Britannic House, 230 Burlington Road, KT3 4Nw with email address Learn@prep-by-post.co.uk; (the Supplier or us or we).
2. These are the terms on which we sell all Services to you. By ordering any of the Services, you agree to be bound by these Terms and Conditions. You can only purchase the Services from the Website if you are eligible to enter into a contract and are at least 18 years old.
3. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
4. Contract means the legally-binding agreement between you and us for the supply of the Services;
5. Delivery Location means the Supplier’s premises or other location where the Services are to be supplied, as set out in the Order;
6. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
7. Goods means any goods that we supply to you with the Services, of the number and description as set out in the Order;
8. Order means the Customer’s order for the Services from the Supplier as submitted following the step by step process set out on the Website;
10. Services means the services advertised on the Website, including any Goods, of the number and description set out in the Order;
11. Website means our website www.prepbypost.co.uk on which the Services are advertised.
12. The description of the Services and any Goods is as set out in the Website, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of any Goods supplied.
13. In the case of Services and any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
14. All Services which appear on the Website are subject to availability.
15. We can make changes to the Services which are necessary to comply with any applicable law. We will notify you of these changes.
16. You must inform us by email firstname.lastname@example.org if the exam paper has not arrived within 48 hours of the expected arrival date.
17. You must not take copies of the exam papers for yourself or distribution to third parties. Once your child has completed the exam papers and sent them back to us, we will mark them and return your copy for your records.
18. You must return the completed papers back to us within 2 weeks of receiving them. A £10 late fee will apply if you wish us to mark and return these to you after this period.
19. You must co-operate with us in all matters relating to the Services, provide us and our authorised employees and representatives with access to any premises under your control as required, provide us with all information required to perform the Services and obtain any necessary licences and consents (unless otherwise agreed).
20. Failure to comply with the above is a Customer default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.
Personal information and Registration
21. When registering to use Prep By Post you must set up a username and password. You remain responsible for all actions taken under the chosen username and password and undertake not to disclose your username and password to anyone else and keep them secret.
23. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.
Basis of Sale
24. The description of the exam papers and courses is set out in our website does not constitute a contractual offer to sell the Services or Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
25. The Order process is set out on the www.prepbypost.co.uk Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
26. A Contract will be formed for the exam papers ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods/services supplied under the Contract, and before performance begins of any of the preparation services/courses.
27. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a school/instutuition.
Fees and Payment
28. The fees (Fees) for the Services, and any additional delivery or other charges is that set out on the Website at the date we accept the Order or such other price as we may agree in writing.
29. You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Services.
30. We do not store any customers credit or debit card details nor do we share financial details with third parties.
Delivery of preparation learning packs
31. We will deliver the 11 plus learning pack, to your home each week together with the graded papers and feedback from the previous week.
32. We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.
33. If you or your nominee fail, through no fault of ours, to take delivery of the papers at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
34. You can cancel the monthly learning pack subscription by giving a month’s notice prior to your subscription’s auto-renewal date. You can do this by emailing email@example.com The subscription will continue until you cancel it in writing to us by email.
35. You can cancel a course or workshop anytime by giving a minimum of one week’s notice. You will be offered a full credit note which can be used towards a subsequent course or workshop. You can do this by emailing firstname.lastname@example.org. The booking will be reserved until you cancel it in writing to us by email.
36. Clients cancelling a course or workshop within seven days prior to the start of the course or workshop will be offered a 50% credit note which can be used towards a subsequent course or workshop. You can do this by emailing email@example.com. The booking will be reserved until you cancel it in writing to us by email.
Commencement of Services in the cancellation period
37. We must not begin the supply of a service before the end of the cancellation period unless you have made an express request for the service.
38. Upon delivery, the learning preparation pack will:
a. be of a satisfactory quality;
b. be personalised for you, according to the information you have provided as well as by our skill and judgment of past papers and
c. conform to their description.
39. We will supply the learning preparation pack with reasonable skill and care.
40. For each learning preparation pack we will provide the following service: Upon receiving the completed exam papers, Prep By Post will mark the paper and send it back graded, with solutions and constructive feedback.
41. In relation to the Services, anything we say or write to you, or anything someone else says or writes to you on our behalf, about us or about the Services, is a term of the Contract (which we must comply with) if you take it into account when deciding to enter this Contract, or when making any decision about the Services after entering into this Contract. Anything you take into account is subject to anything that qualified it and was said or written to you by us or on behalf of us on the same occasion, and any change to it that has been expressly agreed between us (before entering this Contract or later).
Duration, termination and suspension
42. The Contract continues as long as it takes us to perform the Services.
43. Either you or we may terminate the Contract or suspend the Services at any time by a written notice of termination or suspension to the other if that other:
a. commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed or is not fixed within 30 days of the written notice; or
b. is subject to any step towards its bankruptcy or liquidation.
44. On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.
Successors and our sub-contractors
45. Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.
Circumstances beyond the control of either party
46. In the event of any failure by a party because of something beyond its reasonable control:
a. the party will advise the other party as soon as reasonably practicable; and
b. the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery (and the right to cancel below).
47. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to your business, trade, craft or profession which would not be suffered by a Consumer – because we believe you are not buying the Services and Goods wholly or mainly for your business, trade, craft or profession.
Governing law, jurisdiction and complaints
48. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
49. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 2 working days.
Intellectual Property Rights
50. Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, prepbypost.co.uk owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to prepbypost.co.uk without obtaining authorization from prepbypost.co.uk.
51. Notwithstanding the foregoing, it is expressly clarified that you will retain ownership and shall solely be responsible for any content that you provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of our various Service. However, you expressly agree that by uploading and posting content on to the Website for public viewing and reproduction/use of your content by third party users, you accept the User whereby you grant a non-exclusive license for the use of the same.
Disclaimer Of Warranties/Limitation Of Liability:
52. Prep By Post has endeavoured to ensure that all the information on the Website is correct, but Prep By Post neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or Service. In no event shall Prep By Post be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Services; (b) unauthorized access to or alteration of the user’s transmissions or data; (c) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or Service.
53. Neither shall Prep By Post be responsible for the delay or inability to use the Website or related services, the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise.
54. Further, Prep By Post shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond Prep By Post’s control.
55. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time
56. Prep By Post holds no responsibility for or does not guarantee that a child will secure a place at any particular school or pass the exam.