TERMS AND CONDITIONS
1. THESE TERMS
1.1. What these terms cover. These are the terms and conditions on which we supply products to you, whether these are services, such as our online classes or digital learning content for you to download or stream or products which you have purchased from our online store.
1.2. Why you should read them. Please read these terms carefully before you create an account with us or submit an order to us. These terms tell you who we are, how we will provide our services or 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. If you think that there is a mistake in these terms or they require any changes, please contact us to discuss.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1. Who we are. We are IQBar Limited, a company registered in England and Wales. Our company registration number is 09950321 and our registered office is at Suite 6 Church House, 1 Hanover Street, Liverpool, L1 3DN. Our registered VAT number is 341 722 522.
2.3. How to contact us. You can contact us by telephoning our customer service team on (+44) 0151 662 03 13 or by writing to us at email@example.com or Suite 6, Church House, 1 Hanover Street, Liverpool, L1 3DN.
2.4. 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.
2.5. "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 we will accept your order for Services. Children under sixteen (16) may not register on our site. Registration for our Services or to buy any Goods must be carried out by an adult on behalf of a child. When you create an account, you will create log-in details for your child. You can register for a free trial or for one of our subscription options. 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.
3.2. If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for our Services or Goods. This might be because the Goods are out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the Goods or Services, because we do not have the size you ordered or because we are unable to meet a delivery deadline you have specified.
4. PURCHASING PRODUCTS FORM OUR ONLINE SHOP
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.
5. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the Goods/Services 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 your purchase, 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. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8 - Your rights to end the contract).
6. OUR RIGHTS TO MAKE CHANGES
6.1. Minor changes to the Goods/ Services. We may change the Services:
to reflect changes in relevant laws and regulatory requirements; or
to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the site.
6.2. More significant changes to the products/services and these terms. In addition, we may have to make more significant changes, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any Goods/Services paid for but not received.
6.3. Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you signed up for it.
7. PROVIDING THE PRODUCTS
7.1. Delivery costs. The costs of delivery of Goods bought in our online store will be as displayed to you on our website.
7.2. When we will provide the services/products. During the order process we will let you know what and when we will provide when you sign up for our Services or purchase Goods from us. If you sign up for a subscription, we will also tell you during the order process when and how you can end the contract:
If you have purchased Goods. If you have purchased Goods from our online store we will deliver them to you as soon as reasonably possible and in any event within thirty (30) days after the day on which we accept your order.
If the products are one-off services. We will begin the services on the date set out in the order. The completion date for the services is as told to you during the order process.
If the product is a one-off purchase of digital content. We will make the digital content available for download by you as soon as we accept your order or in accordance with the timing specified in your order or the website.
If you sign up for a subscription. We will supply the Services in accordance with its description on our site until the subscription expires or you end the contract as described in clause 8 or we end the contract by written notice to you as described in clause 10.
7.3. We are not responsible for delays outside our control. If our supply of any Goods or Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and 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 products you have paid for but not received.
7.4. If you are not at home when the Goods are delivered. If no one is available at your address to take delivery and the Goods cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
Ending the contract for late delivery of Goods. If you do not receive any Goods within thirty (30) days from the date of order then you can choose to treat the contract as at an end for late delivery under clause 7.8 or clause 7.9, you can cancel your order for any of the goods or reject goods that have been delivered. After that we will refund any sums you have paid to us for the cancelled goods and their delivery. If the Goods have been delivered to you, you must post them back to us. We will pay the costs of postage or collection. Please call customer services on (+44) 0151 662 03 13 or email us at firstname.lastname@example.org for a return label or to arrange collection or by writing to us at Suite 6, Church House, 1 Hanover Street, Liverpool, L1 3DN.
7.5. When you become responsible for the Goods. Goods which you have purchased will be your responsibility from the time we deliver the Goods to the address you gave us.
7.6. When you own Goods. You own Goods which you have purchased once we have received payment in full.
7.7. What will happen if you do not give required information to us. We may need certain information from you so that we can supply the Services or Goods to you. If so, this will have been stated in the description of the products on our website. We will contact you to ask for this information. If you do not give us this 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 supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.8. Reasons we may suspend the supply of Services to you. We may have to suspend the supply of Services (or any part of them) to:
deal with technical problems or make minor technical changes;
update the Services to reflect changes in relevant laws and regulatory requirements;
make changes to the Services as requested by you or notified by us to you (see clause 6).
7.9. Your rights if we suspend the supply of Services. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the Services for longer than seven (7) days in any thirty (30) day period we will adjust the price so that you do not pay for Services while they are suspended. You may contact us to end the contract for a service if we suspend it, or tell you we are going to suspend it, in each case for a period of more than seven (7) days and we will refund any sums you have paid in advance for the Services in respect of the period after you end the contract.
7.10. We may also suspend supply of the Services if you do not pay. If you do not pay us for the Services when you are supposed to (see clause 12.4) and you still do not make payment within seven (7) days of us reminding you that payment is due, we may suspend supply of the Services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Services. We will not suspend the Services where you dispute the unpaid invoice (see clause 12.6). We will not charge you for the Services during the period for which they are suspended. As well as suspending the Services, we can also charge you interest on your overdue payments (see clause 12.5).
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:
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 a Service re-performed or to get some or all of your money back), see clause 11;
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;
If you have just changed your mind about the Goods or Services, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods.
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 below, the contract will end immediately and we will refund you in full for any Goods or Services which have not been provided and you may also be entitled to compensation. The reasons are:
we have told you about an upcoming change to the Goods/Services or these terms which you do not agree to (see clause 6.2);
we have told you about an error in the price or description of the Goods/Services you have ordered and you do not wish to proceed;
there is a risk that supply of the Goods/Services may be significantly delayed because of events outside our control;
we have suspended supply of the Services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than seven (7) days; or
you have a legal right to end the contract because of something we have done wrong (including because we have delivered late (see clause 7.8).
8.3. Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most Goods/Services bought online you have a legal right to change your mind within fourteen (14) days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
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:
digital content after you have started to download or stream these;
Services, once these have been completed, even if the cancellation period is still running;
products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them.
8.5. How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.
When you buy services (for example, online interactive courses)? If so, you have fourteen (14) days after the day we email you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
When you buy digital content for download or streaming (for example, online learning resources)? If so, you have fourteen (14) days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading or streaming. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.
Have you bought goods (for example, items from our online shop)?, If so you have fourteen (14) days after the day you (or someone you nominate) receives the goods.
9. HOW TO END THE CONTRACT WITH US (including if you have changed your mind)
9.1. Tell us you want to end the contract. To end the contract with us, please let us know by phoning or emailing us. Call customer services on (+44) 0151 662 03 13 or email us at email@example.com. 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. You must return the goods by posting them back to us at Suite 6 Church House, 1 Hanover Street, Liverpool, L1 3DN. Please call customer services on (+44) 0151 662 03 13 or email us at firstname.lastname@example.org for a return label or to arrange collection. If you are exercising your right to change your mind you must send off the Goods within fourteen (14) days of telling us you wish to end the contract.
9.3. When we will pay the costs of return. We will pay the costs of return:
if the Goods are faulty or misdescribed;
if you are ending the contract because of 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; or
if you are exercising your right to change your mind.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
9.4. What we charge for collection. The costs of collection will be the same as our charges for standard delivery, see our site for details.
9.5. How we will refund you. 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. Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the Goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount;
The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer;
Where you receive a Service, we may deduct from any refund an amount for the supply of the Service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
9.7. When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
For Goods, your refund will be made within fourteen (14) days from the day on which we receive the Goods back from you or, if earlier, the day on which you provide us with evidence that you have sent the Goods back to us. For information about how to return Goods to us, see clause 9.2.
In all other cases, your refund will be made within fourteen (14) days of your telling us you have changed your mind
10. OUR RIGHTS TO END THE CONTRACT
10.1. We may end the contract if you break it. We may end the contract for Services or Goods at any time by writing to you if you do not make any payment to us when it is due and you still do not make payment within seven (7) days of us reminding you that payment is due; or we are unable to provide any Services to you because of technical or other issues on your part or we are unable to provide Goods to you because you have not provided us with information we need to be able to deliver the Goods following any requests for information by us.
10.2. You must compensate us if you break the contract. If we end the contract in the situation set out in clause 10.1 we will refund any money you have paid in advance for Goods or Services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
10.3. We may withdraw the Services. We may write to you to let you know that we are going to stop providing certain Services. We will let you know at least seven (7) days in advance of our stopping the supply of the Services and will refund any sums you have paid in advance for any Services which will not be provided.
11. IF THERE IS A PROBLEM WITH THE GOODS OR SERVICES
11.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team on (+44) 0151 662 03 13 or write to us at at email@example.com or Suite 6, Church House, 1 Hanover Street, Liverpool, L1 3DN.
11.2. Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the secrion below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your product is goods, for example an item of clothing, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
Up to thirty (30) days: if your goods are faulty, then you can get an immediate refund;
Up to six (6) months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases;
Up to six (6) years: if your goods do not last a reasonable length of time you may be entitled to some money back.
See also clause 8.3.
If your product is digital content, for example a subscription to a video streaming service, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
If your digital content is faulty, you're entitled to a repair or a replacement;
If the fault can't be fixed, or if it hasn't been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back;
If you can show the fault has damaged your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation.
See also clause 8.3.
If your product is services, the Consumer Rights Act 2015 says:
You can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it;
If you haven't agreed a price beforehand, what you're asked to pay must be reasonable;
If you haven't agreed a time beforehand, it must be carried out within a reasonable time.
See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).
11.3. Your obligation to return rejected Goods. If you wish to exercise your legal rights to reject Goods you must post them back to us. We will pay the costs of postage or collection. Please call customer services on (+44) 0151 662 03 13 or email us at at firstname.lastname@example.org for a return label or to arrange collection.
12. PRICE AND PAYMENT
12.1. We may offer a Subscription with a free trial for a limited period of time as specified on our Site ("Free Trial").
12.2. You may be required to enter your billing information in order to sign up for a Free Trial.
12.3. If you do enter your billing information when signing up for a Free Trial, you will not be charged by us until the Free Trial has expired. On the last day of the Free Trial period, unless you cancel your Subscription, you will be automatically charged the applicable Subscription fees for the Subscription plan you have selected.
12.4. At any time and without notice, we reserve the right to modify the terms of a Free Trial offer, or cancel such Free Trial offer but this will not affect any existing free trial which you have signed up for.
12.5. Most our Services are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles will be set depending on the type of subscription plan you select when purchasing a Subscription.
12.6. At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you or we cancel it prior to renewal. You may cancel your Subscription renewal either through your online account management page or by contacting our customer support team.
12.7. A valid payment method as specified during the order process is required to process the payment for your subscription. You shall provide us with accurate and complete billing information that may include but not limited to full name, address, postal code, telephone number, and valid payment method information. By submitting such payment information, you automatically authorise us to charge all Subscription fees incurred through your account to any such payment instruments.
12.8. Should automatic billing fail to occur for any reason, We reserve the right to terminate your access to the Services with immediate effect.
12.9. Where to find the price for the Services. The price of the Services will depend on the Subscription plan you have chosen (which includes VAT) and will be the price indicated on the order pages when you placed your order. The price for the Goods will be the price shown in our online shop (including VAT) and indicated on the order pages when you place your order. We take all reasonable care to ensure that the price of the Services advised to you is correct. However, please see clause 12.11 for what happens if we discover an error in the price of the Services you order.
12.10. We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the Services/Goods, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
12.11. What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the Services/Goods we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the 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.
12.12. When you must pay and how you must pay. We accept payment with the methods specified during the order process. When you must pay depends on what you are buying:
For Goods, you must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the Goods to you.
For Services, you will pay the first instalment upon making your order and then in accordance with clause 12.5 and 12.6 above. We will send you an email confirmation following each payment.
12.13. 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 2% a year above the base lending rate of the Bank of England 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.
12.14. What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly 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.
13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
13.1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
13.2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Goods or Services as summarised at clause 11.2 and for defective Goods or Services under the Consumer Protection Act 1987.
13.3. If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
13.4. We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14. HOW WE MAY USE YOUR PERSONAL INFORMATION
15. OTHER IMPORTANT TERMS
15.1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within one (1) month of us telling you about it and we will refund you any payments you have made in advance for Goods or Services not provided.
15.2. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
15.3. Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 15.2. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
15.4. 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.
15.5. 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 products, we can still require you to make the payment at a later date.
15.6. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
15.7. Alternative dispute resolution. Alternative dispute resolution is a process where an alternative dispute resolution provider considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact an alternative dispute resolution provider we use. You can submit a complaint to Promediate via their website at https://www.promediate.co.uk. Promediate will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings.
Planet English's Terms and Conditions are fully supported by the Senior Management Team of IQBar Limited and the Planet English Team.
Planet English's Terms and Conditions are monitored and reviewed annually.