LDA WEBSITE TERMS & CONDITIONS

• The following definitions apply to these Terms:
  • CRA – means the Consumer Rights Act 2015, as amended from time to time;
  • Direct Delivery – means delivery of the Goods directly to you from the manufacturer;
  • Goods – the goods that we are selling to you as set out in the Order falling within the definition of goods in the CRA;
  • Order – your order for the purchase of Goods from our Site;
  • Site – our website, which is available at www.ldalearning.com; and
  • Terms – the terms and conditions set out on this page, and in any of the documents referred to on it.
• Where we refer to something as being written or in writing, this is intended to include writing sent by fax or e-mail.
• Headings do not affect the interpretation of these Terms.
• These Terms shall only apply to the sale of Goods within the United Kingdom excluding the Channel Islands and BFPOs. Alternative terms and conditions are available for the sale of Goods to customers outside of the United Kingdom.

• These Terms, the Order and our order confirmation set out the whole agreement between you and us for the sale of the Goods. All other terms or documentation which purportedly form part of our agreement are excluded, unless agreed otherwise explicitly and in writing. Please check that the details in the Order are complete and accurate before you submit your Order. If you think that there is a mistake, please contact us in writing as soon as you become aware of the issue.
• Any imagery or other descriptions on our Site, or other marketing material, are published to provide you with an approximate idea of the Goods they describe. Please note that products may vary from their associated images or descriptions, though we try to ensure they are as faithful as they can be. For consumers: we warrant to you that the Goods will match any such description, or else you are entitled to return them to us for an exchange or refund. For everyone else: In so far as it is reasonable to do so, we exclude (and, by ordering from us, you accept the exclusion of) any implied warranty or terms which may require that the Goods match any such description to the fullest extent permitted by law.
• Subject to the remaining Terms below, these Terms shall become binding on you and us, and a contract shall come into existence between us, when either:
  • we issue you with written acceptance of an Order, in the form of an order confirmation; or
  • we deliver the Goods to you.
• We shall assign an order number to the Order and inform you of it in the order confirmation. Please quote the order number in all subsequent correspondence with us relating to the Order.
• We have the right to revise and amend these Terms from time to time without notice to you. Please ensure you are familiar with the up to date Terms prior to placing an Order. The applicable Terms are those that in force at the time that you place your Order with us.
• Goods purchased are not intended for resale, unless we have expressly agreed otherwise in writing. For consumers: we cannot prevent you from reselling the Goods you have purchased, but you are not a consumer if you are purchasing the Goods for the purpose of trading with them. For everyone else: unless express written consent is provided, we do not permit the active resale of our Goods in any market, and reserve the right to terminate any outstanding Order immediately (including after issuing an order confirmation) and/or refuse any future Orders without any reason or notification if we are concerned that you are purchasing goods to re-sell them.

• Upon accepting your Order for the Goods, and again upon completion of delivery and the transfer of title in those Goods to you, we warrant to you that:
  • we have the right to sell those Goods to you;
  • those Goods are free of any charge or encumbrance, unless disclosed to you prior to our acceptance of your Order; and
  • you will enjoy quiet possession of the Goods following the transfer of title to you (though this does not affect our right to repossess the Goods where we have the right to do so under these Terms or by virtue of statute).
• Upon delivery of the Goods, we warrant to you that those Goods shall:
  • be of satisfactory quality;
  • be free from material defects in design, material and workmanship; and
  • comply with all applicable statutory and regulatory requirements for selling those Goods in the United Kingdom.
• The above product warranty does not apply to any defect in the Goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, if you use the Goods in a way that we do not recommend, or you fail to follow our instructions, or you make any alteration or repair without our prior written approval.
• In addition, for consumers, upon delivery of the Goods, we also warrant that:
  • the Goods will be reasonably fit for any particular purpose, whether or not ordinarily used or supplied for that purpose, where you make that purpose known to us before your Order and we verify the Goods’ suitability, or otherwise fulfil the Order without challenging, denying or otherwise discussing the Goods’ suitability further with you;
  • the Goods will match any description provided or made available to you prior to your Order, including by way of images, descriptions or other pre-contract information provided on or in our Site, catalogues or marketing materials, or by way of sample or model if provided prior to your Order; and
  • where the Goods include any associated or corresponding digital content, that the Goods and digital content shall materially conform to one another.
• For everyone else: in so far as it is reasonable to do so, we exclude (and, by ordering from us, you accept the exclusion of) any and all other implied warranty or terms relating to the Goods or our creation, procurement or delivery of them to you to the fullest extent permitted by law.
• Where any Goods that are subject to either the above product warranties for all customers or the above warranties for consumers only are deficient, you may have the right to have those Goods repaired or replaced within 6 months of delivery. In those circumstances, the applicable warranties detailed above shall also apply to the repaired or replacement Goods once received.

• Delivery charges will be applied at checkout. These charges are subject to change at any time prior to submission of your Order.
• Next Day Delivery: Where we offer next day delivery, excluding Direct Delivery from the manufacturer, order must be placed by 2pm on any week day, to facilitate delivery for the next working day. We offer next day delivery to UK postcodes (excluding AB, BT, FK, GY, HS, IM, IV, JE, KA, KW, PA, PH, ZE and the Republic of Ireland).
• Standard Delivery: Orders of stocked items, excluding Direct Delivery from the manufacturer, will be delivered in the timeframe stated on our site, which is typically from between 2 to 5 working days. Please refer to the lead times quoted at checkout for details of our current availability.
• Direct Delivery: Orders of items that are dispatched directly from the manufacturer. Delivery dates are dependent upon the manufacturer. Please refer to the product listing for a product specific estimate of delivery. Please allow extra time for deliveries to the AB, BT, DD, FK, GY, HS, IM, IV, JE, KA, KW, PA, PH, TD, TR, ZE postcodes.Delivery at peak times may vary. All of these estimates are dependent on us/our manufacturers having the relevant Goods in stock at the time of your Order.
• Delivery of the Order shall be completed (not including the transfer of title in the Goods) when we (or the manufacturer in the case of Direct Delivery) deliver the Goods to you or a person identified by you to receive the Goods.
• We will take reasonable steps to meet any estimated delivery date. However delivery times cannot be guaranteed, for example occasionally delivery may be affected by factors beyond our control. For consumers: unless we agree otherwise with you, we will ensure that the Goods are delivered without undue delay, and in any event not more than 30 days after your Order is accepted, or you will have the right terminate your Order.
• • If we fail to deliver the Goods to you by any estimated delivery date, we ask that you notify us as soon as you can and preferably within 14 days of the estimated date for delivery. For consumers: if we fail to deliver to you, you are entitled to specify a subsequent period for delivery that suits you, and we are required to deliver within that period. If we fail or refuse to deliver the Goods in that period, or time was of the essence for the initial delivery (either by virtue of the product, or because you told us so before we accepted your Order), then you will have the right to terminate your Order. For everyone else: if we fail to deliver to you by the expected delivery date (which may change from the initial delivery date) or otherwise within 30 days of your Order, you must then notify us within 14 days of either the expected delivery date or the end of those 30 days (as applicable). Any claim that is made after the 14 day period may not be accepted.
  If we are not able to deliver the whole of the Order at one time due to operational reasons or shortage of stock, we may seek to deliver the Order in instalments. We will not charge you extra delivery costs for this. If you ask us to deliver the Order in instalments, we may charge you extra delivery costs. For consumers: unless agreed prior to your Order, you are not bound to accept delivery of the Goods by instalments, though refusal will invariably delay the delivery of any parts of your Order which could have been delivered sooner in instalments. For everyone else: by placing your Order, you recognise that we are entitled to deliver your Order in instalments, unless we have agreed previously not to or that time for delivery is of the essence, or the Order is of such nature that it cannot reasonably be divided into instalments. Each instalment shall constitute a separate contract. If we are late delivering an instalment or one consignment is faulty, that will not entitle you to cancel or take any other actions against any other instalments.
• We reserve the right to amend or withdraw our next day delivery service if necessary, though any such withdrawal shall not affect any existing Orders.

• We will accept returns of unwanted Goods from all customers for any reason, and provide a full refund for those Goods, provided that:
  • you let us know that you wish to return the Goods within 14 days of delivery;
  • the Goods are in their original form including all packaging and are unused;
  • unless we agree otherwise, you arrange for or pay the costs for return of the Goods to us, including, but not limited to, the cost of Direct Delivery; and
  • if you cancel your Orders within the 14 day cancellation period we will refund the cost of Goods, excluding delivery charges.   
• Where Goods are delivered in instalments, the normal returns process outlined above changes. For consumers: you can return any of the Goods delivered in any of the instalments that form part of your Order within 14 days of delivery of the final instalment of your Order, subject to the other conditions outlined above. For everyone else: you can return any of the Goods delivered within 14 days of the delivery of their instalment, and the delivery of any further instalments does not impact on your right to return.
• The unwanted returns policy set out above does not apply to:
  • Goods with faults that were made known to you before the time of your Order;
  • Goods that you have damaged by seeking to repair them yourself or have them repaired without our agreement;
  • Goods that are bespoke or personalised;
  • Goods that are perishable;
  • Goods that are substantially made up of materials that can be photocopied, such as magazines or books; or
  • any unwrapped CDs, DVDs or computer software.
• For the return of Direct Delivery items, a handling charge may be applied which you will be advised of at the time that the return is requested.

• We will accept the return of faulty Goods covered by our product warranties subject to the following terms. For consumers: you can return most faulty products in the first 6 months after the date they are delivered to you (including by instalments), though this will not apply where we can prove that the Goods were not faulty at the time of delivery, or where the nature of the Goods is such that they cannot be expected to conform after that length of time (e.g. perishable goods). We will accept returns for the latter type within the reasonable period for which they can be expected to conform. For everyone else: you must notify us of the fault and your desire to return the product as soon as possible, and in any event within 14 days of delivery (including by instalments).  
• For faulty Goods, we will either arrange to collect the Goods on a date agreed between us (please note that we will not be responsible for any delay caused by a third party carrier) or ask you to return the Goods to us at our cost. If you receive a full refund for those Goods, this will include a refund of the initial delivery costs paid for your Order, though this will be paid at the rate of the cheapest delivery option that was feasible for your Order (e.g. standard delivery will be refunded if next day delivery was ordered but was not necessary).
• Once we have received any faulty Goods, we will examine the Goods and confirm that they are in fact faulty, at which stage we will contact you to provide one of the following remedies:
  • repair the Goods.
  • replace the Goods;
  • provide you with a price reduction and partial refund; or
  • provide you with a full refund;
• Where the Goods are faulty and we offer a remedy:
  • For consumers: you can decide whether you would prefer us to repair the Goods or provide a replacement. Where we fail to repair or replace the Goods properly or in a reasonable time, you can then require either a price reduction or a full refund. Where you exercise the final right for a full refund, we may be legally entitled to deduct an amount from the refund to take account of your use of the Goods.
  • For everyone else: though you are free to request a remedy, we will decide which remedy is appropriate based on the circumstances, and you accept that that remedy will be binding and final (though you may seek further remedies if any replacement or repaired Goods are found to be faulty).
• The fault returns policy set out above does not apply to:
  • Goods with faults that were made known to you before the time of your Order; or
  • Goods that you have damaged by seeking to repair them yourself or have them repaired without our agreement.
• These Terms will also apply to any repaired or replacement Goods we supply to you. For consumers: where Goods have been repaired or replaced within the first 30 days after delivery and transfer of ownership, you shall have a further 7 days or until the end of the original 30 day period (not including the days between notification of the fault and return of the repaired items), whichever ends last, to reject the Goods. After that, you are also entitled to return the Goods for any further faults, at which stage you may choose any of the remedies listed above. For everyone else: the terms of the fault returns policy above shall apply to the repaired or replacement Goods in the same way as they do to new Goods from the date of their delivery.
• For the return of Direct Delivery items, a handling charge may be applied which you will be advised of at the time that the return is requested.

• Prices for the Goods we list on our Site and in our catalogues and marketing material may change at any time, though we will not amend prices for Goods in your Order after you have submitted it. Where you make an Order on the basis of prices which are now out of date, we may accept that order or refuse it, or offer to fulfil it at the price then in place.
• Prices exclude VAT.
• Unless otherwise specified, prices exclude delivery costs, which will be added to the total amount due.
• Payment for all Goods must be made upfront and in advance of delivery. Where you fail to make payment in advance for any reason, you must do so as soon as possible or we may seek to terminate the Order and recover the Goods. For everyone but consumers: we may also be entitled to seek to charge statutory late payment interest on your unpaid debt.
• In some cases, we may permit and offer third party payment services, such as PayPal, Apple Pay Google Pay or Amazon Pay. If you select one of these payment methods, please be aware that in doing so you are authorising us to request funds from the provider immediately, and you will be subject to additional obligations from the third party payment provider, and may also need to contact them if you seek to cancel your Order.
• Some products either within our catalogue, subject to ongoing promotions or on certain contract accounts are exempt from discounts at our sole discretion, this includes but is not limited to products with exclusive online prices.

• Risk in the Goods will pass to you upon completion of delivery, meaning that they will be your responsibility from that time, unless you commission an alternative carrier to collect and deliver the Goods (in which case they shall be your responsibility from the point of collection).
• Ownership of the Goods will only pass to you when we receive payment in full and all funds have cleared for the Goods.
• We can recover any Goods in respect of which ownership has not passed to you at any time. For consumers: this may mean we bring legal action against you if you are unwilling to pay for or return the Goods to us when requested. For everyone else: by submitting your Order, you agree to allow us such access to the Goods (and to such premises as are required to access to the Goods) as is required by us in order to facilitate such recovery as soon as reasonably possible following our request to do so.

• This section deals with the limits and exclusions that apply to our liability to you under these Terms. The provisions do not include or limit in any way our liability for:
  • death or personal injury caused by our negligence;
  • fraud or fraudulent misrepresentation; or
  • any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
• In respect of any issues with the Goods, our primary responsibility shall at all times be to repair or replace the Goods, or otherwise to offer a refund or partial reduction in price in line with our returns policy above. We will accept no further liability where we are able to adequately deal with the issue through our returns policy.
• Otherwise, for consumers: we will not be responsible to you for: (i) any losses that were unforeseeable, meaning losses which were not apparent or expected by either side prior to your Order; (ii) any business losses, given that you are a consumer; (iii) losses suffered separately by any non-consumers; or (iv) any losses that were not caused by us or our breach.
• Otherwise, for everyone else: our total liability to you for all losses arising under or in connection with your Order whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall not exceed the price paid for the Goods. We shall not be responsible for any unforeseeable consequences of our breach or actions, nor for the losses of any third parties, nor for any indirect losses that you suffer as a result of our failure to comply with these Terms, including, but not limited to, the following categories:
  • loss of income or revenue;
  • loss of business;
  • loss of anticipated savings;
  • loss of data; or
  • any waste of time.
• You are responsible for the selection and safe use of any chemicals that you order from us and to the extent that any harm or losses you suffer from such chemicals result from your default in respect of that responsibility, we shall not be liable for any such harm or losses.
• Except for the warranties expressly set out in these Terms we do not make any other warranties or representations with regard to the Goods. To the extent that we not prohibited from doing so by the laws of England and Wales we exclude all warranties which are implied into these Terms whether by legislation or otherwise

• In exceptional circumstances, your Order may be impacted by event outside of our reasonable control, including where those circumstances impact our operations and ability to perform our obligations to you. In such circumstances, we will not accept liability to you for any failures or delays in performance, including any direct or indirect consequences of such failures or delays, to the extent that they are reasonable and justified in the circumstances and are permitted by law. We will also consider our obligations under these Terms suspended where and to the extent that suspension is necessary in light of such circumstances.
• By “events outside of our reasonable control”, we mean things like earthquakes, storms, floods, other natural disasters, fires, explosions, epidemics, pandemics, quarantine restrictions, wars or armed conflict, acts of terrorism, riots, other civil unrest or disturbance, actions of government entities or other civil or military authorities, embargoes or sanctions, strikes, lockouts, other labour disputes, industry-wide supply shortages, delays of common carriers, acts of God or any other circumstances beyond our reasonable control. These are often referred to as “Force Majeure Events”.
• We will always take reasonable steps to prevent, minimise and find solutions to any delay, failure or non-performance caused by events outside of our reasonable control, and these provisions will only apply where any delay, failure or non-performance is genuinely caused by some circumstances as the primary cause.
• We will endeavour to inform customers where delays or failures are expected due to circumstances beyond our reasonable control, though we cannot always guarantee that you will be notified directly. Please do continue to check our Site, your email account and our social media accounts for announcements, or otherwise contact us using the details provided on this page.
• The provisions of this section apply to all delivery and collection arrangements, including where these are performed by a third party on our behalf.
  • For consumers: to the extent that any such delay is ongoing for an excessive period of time, bearing in mind the circumstances and details of your Order, or to the extent that it is unreasonable for us to limit our liability or suspend performance, you will be entitled to cancel your Order in exchange for a full refund.
  • For everyone else: we will extend the period for performance of our obligations (e.g. any expected window for delivery) by the duration of any events outside of our reasonable control, and will not be required to accept any requests to cancel your Order in that period.

• In all actions relating to your Order, we shall comply with our obligations under the Data Protection Act 2018 and the UK GDPR. More details can be found here. We may record your calls for quality and training purposes.

• We are committed to promoting the re-use, recycling and recovery of WEEE products by contributing to the VALPAK compliance scheme. WEEE products or packaging will be marked with a crossed out wheelie bin symbol to indicate that the Goods should not be disposed of in general domestic waste but disposed of through an approved WEEE scheme.

You may not transfer any of your rights or obligations under these Terms to another person (including a body corporate) without our prior written consent, which we will not withhold unreasonably. For consumers: we will notify you if we need to assign the agreement for your Order to any other entity, and will ensure that this does not affect your rights or protection under these Terms, or otherwise allow you to terminate your Order as a result of the assignment. For everyone else: we can transfer all or any of our rights and obligations under these Terms to another organisation, but this will not affect your rights under these Terms.

• All notices sent by you to us must be sent to Findel Education Ltd T/A LDA at 2 Gregory Street, Hyde, SK14 4TH. We may give notice to you at either the email or postal address you provide to us in the Order. Notice will be deemed received 24 hours after an email is sent or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post and, in the case of an email, which the email was sent to the specified email address of the addressee.

• If you do not agree with any of these Terms, or wish to amend or add to them to suit the details of your Order, please contact us before making an Order. We will not accept any exclusions or derogations from or amendments or additions to these Terms unless expressly agreed by both sides in writing at the time of or before your Order.
• If any part of these Terms becomes unenforceable or unlawful, that part shall be deemed to be altered to the minimum extent necessary to restore enforceability, or otherwise shall be severed from the rest of these Terms, which will otherwise continue to be valid to the fullest extent permitted by law.
• No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
• A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
• These Terms shall be governed by English law and the jurisdiction of the English courts. Please note that we only accept orders from addresses outside the UK on our International Terms which are available on request.

• Any offers or discounts that we offer you or that are promoted via third party websites are subject to the following additional terms and conditions.
• For our offers: any offers or promotions are only available to customers who we contact directly and to whom the offer or promotion is addressed.
• For third party offers: these offers can only be used once by customers visiting enquiries@ldalearning.com via the third party website unless otherwise stated.
• Only one offer per customer will be accepted for your Order, and the offer will only be applicable to your first Order, unless otherwise stated. Each offer cannot be used in conjunction with any other offer or discount, and offers are typically not applicable to certain items or product ranges, including sale items or items subject to contract pricing.
• No cash alternative is available for any offer, and all offers are strictly not transferable.
• No minimum order value applies unless otherwise stated.
• Offers are available for a limited period only.
• If you wish to return any Goods purchased with an offer, any refund that we offer you will be issued at the invoiced value of the product only, so will be net of any promotional discounts.
• We reserve the right to vary or withdraw an offer at any time without notice or cause, though this will not affect any Orders that have already been accepted at the time of the change. 

Last Update: December 2022