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Terms and Conditions of Sales

Definitions:

  • "Business Customer" means a customer who is not a Consumer.
  • "Consumer" means an individual who is not acting for the purposes of his or her business or profession.
  • "LODC" means Language of Dance Centre also referred to as "we" or "us" in these terms and conditions.
  • "Force Majeure" means any cause affecting the performance by LODC of its obligations arising from acts, events, omissions, happenings or non-happenings beyond its reasonable control including (but not limited to) governmental regulations, fire, flood or any disaster or industrial dispute affecting a third party.
  • "Normal Working Hours" means 9 am to 5 pm on a Working Day.
  • "Working days" means Monday to Friday, excluding Bank or other Public holidays.

Please note that special terms apply to Consumers, which prevail over the other provisions of these terms and conditions. Customers who are Consumers are referred to Clause 13.

Orders

All contracts of sale made by LODC shall be deemed to incorporate these terms and conditions, which shall prevail over any other terms from the party ("the Customer") with whom LODC is dealing. Cancellation of orders by business to business customers is not accepted as many orders are despatched on the same day the order is placed. Cancellation of orders by Consumers will be accepted in accordance with the Consumer Protection (Distance Selling) Regulations 2000. Nothing in these terms and conditions is intended to impinge upon a Consumer's statutory or contractual rights to reject faulty goods.

All orders are subject to acceptance and to availability of the goods ordered: LODC is entitled to refuse any order placed by you. You undertake that:

  1. all details you provide to us for the purpose of purchasing goods are correct, and
  2. the credit or debit card you use to make a purchase from us is your own card or your company's card, that you are authorised to use it, and that there are sufficient funds or credit facilities to cover the cost of any goods or services you order from us. We reserve the right to obtain validation of your credit or debit card details before providing you with any goods or services.

Orders are dispatch between normal working hours Monday – Friday. The LODC aims to dispatch products within 5 working day from order date.

Prices

Goods and services, together with VAT, are invoiced at the price prevailing at time of order.

LODC reserves the right to modify the prices from time to time.

Delivery, Title and Risk

LODC shall use reasonable endeavours to despatch goods by the date agreed with the customer, but does not accept liability for failure to deliver within the stated time where this is caused by circumstances beyond our reasonable control, such as delays caused by delivery companies or manufacturer lead times. If a delay is likely, we shall contact the customer and advise of the delay. A customer who is a Consumer shall be entitled to cancel an order when advised of a delay if the revised delivery date is not acceptable.

In the case of a Business Customer, if LODC is unable to deliver the goods within 30 days of the agreed delivery date, the Customer will, as its sole remedy, be entitled to cancel the order and require any monies paid to LODC in respect of that order to be refunded. In order to cancel, the Customer must send written notice of cancellation to LODC after the above date but before delivery of the goods or notification from LODC that the goods are ready for delivery. This Clause does not apply to Consumers.

In the case of Business Customers, LODC does not accept liability for shortages or damage to deliveries unless the Customer notifies LODC of the shortage or damage in writing within 48 hours of receipt of the delivery. Consumers should notify shortages or damage within a reasonable period of becoming aware.

Business Customers are required to be able to accept the goods when they are ready for delivery within Normal Working Hours.

Delivery is deemed to take place when the goods are delivered to the Customer's nominated address, whereupon the risks of loss, breakage and all damage and all other risks shall pass to the Customer.

Title in the goods does not pass to the Customer until payment is received in full by LODC.

If the Customer cannot accept delivery, LODC may at its option: (a) store and insure the goods at the Customer's expense and risk or (b) sell the goods at the best price reasonably obtainable and (after deducting reasonable storage insurance and selling costs) pay to the Customer any excess over the sale price or charge the Customer for any shortfall or (c) re-arrange delivery provided that LODC may charge the Customer for the additional delivery costs incurred.

The Customer may request a Proof of Delivery, provided that this request is made in writing within 3 months of the date of delivery and LODC shall use reasonable endeavours to provide such proof. Thereafter, delivery shall be deemed to have been successfully completed.

Upon delivery of the goods, the Customer will be asked to sign a Proof of Delivery to acknowledge safe receipt. It is the responsibility of the Customer to ensure that the number of packages delivered corresponds with the number stated on the delivery note. Where a discrepancy occurs or where there is evident damage to the packaging, this should be noted on the Proof of Delivery LODC shall not be liable for discrepancies or damage evident on delivery where the Customer accepts delivery and signs the Proof of Delivery without amendment.

Payment

Payment is due before shipment.

Payment can be made by credit or debit card, Paypal account or by a cheque. Details of which will be provided upon confirmation of your order.

Product specifications

LODC makes every effort to supply the goods as advertised but reserves the right to supply the goods subject to minor variations in actual dimensions and specifications where these are changed by the manufacturer.

If LODC cannot supply the goods ordered by the Customer, LODC reserves the right to offer goods of equal or superior quality at no extra cost. In such a case, if the Customer does not wish to accept the alternative goods offered, he or she may cancel the order and require the refund of any money paid to LODC in respect of that order, including carriage charges. This shall be the sole remedy of the Customer in these circumstances.

Trade names and Trade Marks

The Language of Dance® and Movement Alphabet® used and displayed in this Site and on our products is a registered Trade Mark of the Language of Dance Centre. The use or misuse of the Trade Mark or any other content on this Site or within on our products, without written permission from the Language of Dance Centre is strictly prohibited.

Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trade Mark, without written permission from the Language of Dance Centre. The Trade Mark may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior, written permission.

Warranties and Returns

Please note that special terms apply to Consumers who wish to return goods, which prevail over the provisions of this Clause 8. Customers who are Consumers are referred to Clause 13.

LODC is committed to providing our customers with the highest quality products and service. However, on rare occasions, products may be found to be faulty or defective. In such cases we offer the returns facilities described below.

If you purchase goods in the course of your business, the following provisions of this Clause shall apply. Other than the express provisions set out in these terms and conditions, all other terms and the implied terms or warranties relating to the supply of goods are excluded to the fullest extent permitted by law. Goods are not tested or sold as being fit for any particular application or for use under specific conditions, unless expressly agreed in writing.

Subject to the right of Consumers to return goods for refund under The Consumer Protection (Distance Selling) Regulations 2000 (see Clause 13), LODC does not sell products on a trial basis. Customers are strongly advised to check suitability and specifications of products before ordering. In some instances, Customers may benefit from special price discounts issued by a LODC specifically for their benefit. Such goods are not returnable to the LODC and may not be sold to other customers. Accordingly, orders for such goods can not be cancelled and LODC can only accept a return of such Goods where they prove to be defective and the Goods are returned for repair or replacement.

In the event that LODC, at its discretion (unless the Consumer Protection (Distance Selling) Regulations 2000 apply, see Clause 13), agrees to accept the return for credit of unwanted products, the goods must be returned with LODC prior written agreement within 14 days of delivery. The goods must be unopened and in perfect re-saleable condition.

Subject to testing to verify any alleged fault, we will accept the return of defective goods for full refund or replacement at our option, if, but only if, the goods are returned within 14 days of delivery. Consumers who wish to return defective products are not obliged to follow the processes set out below, but are recommended to do so as this helps us to provide a more efficient returns service.

  1. LODC staff will advise you of which method of delivery to use to return the products. Depending on the nature of the product purchased, we will either arrange a courier collection, or request that you return the product directly to us. If the goods are found on inspection to be defective, the cost of returning the item will be refunded to you.
  2. All returned goods (except those returned under Clause 13) must be accompanied by the LODC original Invoice.
  3. LODC cannot accept liability for packages damaged during transit. It is the Customer's responsibility to wrap the product adequately to prevent damage.
  4. Proof of postage is not proof of delivery and you are therefore strongly advised to send your package by recorded delivery, registered post or courier, and to insure the goods for their full value.
  5. If following the testing process, the product is found to be in good working order without defect, we will return the product to you, and the carriage costs of this return will be your responsibility. Please note that if you have, in the meantime, required us to provide you with a replacement product before completion of the testing process, you will have to pay for this product also. This Clause does not apply to Consumers returning goods pursuant to Clause 13.

LODC’s liability

In its dealings with Business Customers, LODC shall under no circumstances be liable for any consequential or indirect damage or loss, however caused, including (but not restricted to) loss of business or profits, loss of goodwill, damage to trading relationships loss of data and other financial loss. ("Financial loss" in this sense does not refer to the price you have paid for the goods, which we may be liable to refund to you, in whole or in part, if the goods are faulty or do not comply with their description). LODC s liability in respect of all other losses shall be limited to the invoiced amount of the relevant order.

Nothing in this agreement shall limit LODC 's liability for death or personal injury caused by its negligence.

Health and Safety

LODC confirms that the goods it supplies as a distributor do not present a hazard to health and safety

  1. when properly used for the purpose for which they are designed; and
  2. if the Customer takes reasonable and normal precautions in their use.

Force Majeure

Where, in spite of its reasonable efforts, LODC is unable to perform an obligation due to circumstances beyond its reasonable control, it shall not be deemed to be in breach of its contract with the Customer.

The Consumer Protection (Distance Selling) Regulations 2000

Contracts for the purchase of goods by a Customer not acting in the course of a business and made over the telephone or through the LODC website, or by mail order, are, with the exception of certain excepted contracts, subject to The Consumer Protection (Distance Selling) Regulations 2000 ('the Regulations').

If the Regulations apply, Customers may cancel goods purchased from LODC by sending a written notice of cancellation by post or hand delivery

The notice of cancellation must be delivered within 7 working days of the day after date of delivery of the goods.

The Customer will be responsible for the cost of returning the goods if he or she exercises this right of cancellation under the Regulations. If the Customer does not actually return the goods to LODC, the Customer is under a duty to make the goods available for collection at the Customer's expense from the address to which they were delivered.

The Customer is under a duty to retain possession of the goods whilst awaiting return to LODC and to take reasonable care of them during this period. The Customer will be liable for any loss of or damage to the goods if he or she fails to comply with this obligation.

Errors and Omissions

LODC makes every effort to ensure that all prices and descriptions quoted in its catalogue and on its website are correct and accurate. However, the ever changing market place of e-commerce makes it inevitable that mistakes will occasionally occur. In the case of a manifest error or omission, LODC will be entitled to rescind the contract, notwithstanding that it has already accepted the Customer's order and/or received payment from the Customer. LODC’s liability in that event will be limited to the return of any money the Customer has paid in respect of the order. In the case of a manifest error in relation to price, the Customer will be entitled to purchase the goods by paying the difference between the quoted price and the correct price, as confirmed in writing by LODC after the manifest error has been discovered.

A 'manifest error', as the term is used in sub-paragraph (1) above, means, in relation to an incorrect price, a price quoted in error by LODC which is more than 10% less than the price that would have been quoted had the mistake not been made.

General

Nothing in these terms and conditions affects your statutory rights as a Consumer.

If any provision in this Agreement is held to be invalid or unenforceable, it shall be deemed severed from the Agreement and this shall not affect the validity or enforceability of the remaining provisions.

Any waiver of a breach of this Agreement must be in writing.

Any variation of this Agreement must be in writing and signed by a duly authorised LODC official.

The headings are for convenience only and shall not affect the interpretation of this Agreement.

Any notices given under this Agreement shall be in writing and sent (a) by first class pre-paid post to the last known address of the party; or (b) by fax to their last known fax number; or (c) by e-mail to the last notified e-mail address of the party.

These terms and conditions shall be governed by and construed in accordance with the laws of England & Wales and the parties submit to the non-exclusive jurisdiction of the English courts.

LODC may at its discretion record telephone transactions for staff training and quality control purposes

Language of Dance Centre 2010