1.  OUR TERMS

These are the terms and conditions on which we will supply our phonics tuition boxes to you. Please read them carefully before you place your order with us. 

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2.  INFORMATION ABOUT US & HOW TO CONTACT US

2.1 We are Fabulous at Phonics! Our registered office is 1 Tollgreen Close, Hindley, Wigan, Greater Manchester WN2 2SW. Our trading name is “Fabulous at Phonics!”.

2.2 You can contact us by emailing us at fabulousatphonics@gmail.com

2.3 If we need to contact you, we will either telephone you or write to you at the email address that you give us in your order. As part of our order check-out process, you will be able to opt in to our marketing communication and choose for us to contact you via SMS or email. 

 

3.  OUR CONTRACT WITH YOU

3.1 When you place an order online, we will email you to say that we have accepted it. Until we have emailed you there will not be a legally binding contract between us. 

3.2 If we are not able to accept your order for any reason, we will let you know, and we won’t charge you for the tuition boxes (refunding any money paid if we do not send the unaccepted order out). 

3.3 By checking out you understand that, for subscription purchases, one or more items in your cart is a deferred or reoccurring purchase. By continuing, you agree to the cancellation policy and authorise Fabulous at Phonics! to charge your payment method at the prices, frequency, and dates listed on the page until you cancel your subscription or Fabulous at Phonics! no longer offers products for your child's age. The Company do not accept any responsibility or offer refunds for ‘auto renewals’ proceeding if you have failed to cancel your subscription before your next renewal date. You understand and agree that you will be automatically billed after your current subscription of 1, 3, or 6 months expires unless the subscription is ‘set to cancel’ before your final payment date in your initial commitment. You understand and agree your subscription will automatically renew for a new subscription period of the same amount of time and that you will be charged at the standard rate and that any promotional codes or offers used as a new customer at signup do not transfer or apply to your renewal fee. ​For one-time purchases, you understand that one or more items in your cart is a deferred purchase and charged as a single purchase with no subsequent charges to your payment method. 

 

4.  OUR TUITION BOXES AND LESSONS

When you place an order with us, we will supply you with tuition boxes which will include access to video lessons and might include such things as phonics books, worksheets, key learning cards with advice and tips for parents, reward charts, flashcards, bookmarks, and stickers.  

4.1 Our lessons and tuition boxes may vary slightly from any pictures or videos that we display. The images of the books on our website are for illustrative purposes only. We will plan lessons and pick the content for your subscription bundles based upon our experience of what we think will be right for your child’s year group and term. We reserve the right to select these for you and you agree to accept them unless we have agreed to a specific request from you.

4.2.  If you want to make a change to your tuition box, please contact us. We will let you know if the change is possible and make suggestions based on our expert advice and opinion. 

 

5.  OUR RIGHTS TO MAKE CHANGES

5.1 We may need to change the lessons and tuition box to reflect changes in relevant laws and regulatory requirements.

5.2 We may make minor changes to the lessons and tuition box content without notifying you in advance but if we make any significant changes to these terms and conditions, we will notify you via our website. If you are not happy with the changes you can contact us to end the contract before the changes take effect and we will give you a refund for any tuition boxes you have paid for but not yet received.

 

6.  PROVIDING THE TUITION BOXES AND LESSONS

6.1 We will display details of any delivery costs on our website. 

6.2 During the order check out process, the payment will be taken from your account or credit card. Any recurring payments will be made on the same day each month for the duration of the subscription. Alternatively if you want to cancel the contract before the next tuition box is sent to you, we can action this for you but if you cancel your membership before the end of an existing subscription commitment period, you will be charged for the remainder of that subscription period. Your first, and subsequent tuition boxes, will usually be sent to you on or around the 25th of each month but we cannot guarantee that. We would ask you to leave at least ten working days before you tell us if your tuition box has not arrived. The tuition box lessons will usually be live on the website on the 25th of each month depending on business working days and bank holidays. We will supply lessons and the tuition box to you until you cancel the subscription as set out in these terms or, if applicable, as a one-time purchase. 

6.3 If we are not able to supply the tuition box because of something outside our control, then we will contact you as soon as possible to let you know and we will try to minimise the effect of the delay. Provided we have done this we will not be liable for delays. If there is a risk of substantial delay you may contact us to end the contract and we will refund you for any tuition boxes, you have paid for but not yet received.

6.4 The tuition box will be your responsibility from when we have delivered the tuition box to the address you gave us.

6.5 You own the tuition box once we have received payment in full. You will have a month's unlimited access to the tuition box lessons from the 25th of each month which are hosted on the Fabulous at Phonics! website. These are updated monthly to correspond to the contents of the tuition boxes and are accessed by logging into your account.

6.6 We may need certain information from you so that we can supply the tuition box to you, for example, credit card payment details and clarity about your child’s age or current year group. 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 or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We cannot be responsible for supplying the tuition boxes late or not supplying any part of them if you do not give us this information within a reasonable time of us asking for it.

6.7 We may have to suspend the supply of a tuition box to:

(a)  deal with technical problems or make minor technical changes to our systems;

(b)  update the tuition box to reflect changes in relevant laws and regulatory requirements;

(c)  make changes to the tuition box.

6.8 We will contact you in advance to tell you we will be suspending the supply of the tuition box unless the problem is urgent or we have to act in an emergency. If we have to suspend the tuition box for longer than 1 month in any 12 months, we will not expect you to pay for tuition boxes while they are suspended. A tuition box may be delayed for up to three weeks without us having to notify you but if you do not receive the tuition box in the month that it is intended for, we will either refund that month’s subscription or resend, according to your preference. 

6.9  If you do not pay us for the tuition box when you are supposed to, we will suspend supply of the tuition boxes. We will contact you to tell you we are suspending the supply of the tuition boxes.

6.10 We will continue to supply you with the tuition boxes every month unless you ask us not to. 

6.11 If we are changing the price of the tuition box, we will let you know in advance. If you are unhappy please get in touch with us and you may cancel your subscription.

 

7.  YOUR RIGHTS TO END THE CONTRACT

7.1 If you think the tuition box is faulty or misdescribed in any way we will do our utmost to rectify the problem. Please refer to our FAQ page, or you can contact customer service fabulousatphonics@gmail.com

7.2 Because you can choose regular delivery of your goods over a set period of time, you have until 14 days after the day you (or someone you nominate) receives the first delivery of the tuition box, to change your mind and ask for a refund when returning the box in a saleable condition. That is, products must be returned unopened, unused and intact. If the products have been opened/used and lesson content has been accessed, we will not accept a return or offer any refund, by subscribing you agree to these terms. 

 

8.  HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)

8.1 To end the contract with us, please let us know by logging onto your account on our website or by contacting us via our website. 

8.2 You may cancel your subscription by logging into your account on the the Fabulous at Phonics! website at any time. This does not initiate any kind of refund if you fail to cancel before the renewal date. Your subscription is continuous until you cancel and, if you cancel your membership before the end of an existing subscription commitment period, you will be charged for the remainder of that subscription period. By Fabulous at Phonics! stating you can cancel at anytime this directly refers to the renewal and not your commitment term. You must cancel your subscription 24 hours before the renewal date. If you do not cancel prior to the renewal date of a calendar month, you will be charged for that month's service and you will receive A Phonics Tuition Box. All cancellation requests received after the renewal date of a calendar month will apply to the following calendar month. If you are cancelling the subscription and requesting a return because the box did not meet your expectation in some way, you must return the box to us in a saleable condition and without having accessed the lessons. If you are requesting a refund, you must post the box back to us at 1 Tollgreen Close, Hindley, Wigan, Greater Manchester WN2 2SW. Customers must cover the postage cost to send the item back to us. If you are exercising your right to change your mind you must return the subscription bundles within 14 days telling us you wish to end the contract and return the goods and without having accessed the lessons.

8.3 We will pay the costs of return:

(a)  if the tuition boxes are faulty or misdescribed; or

(b)  if you are ending the contract because we have told you of an upcoming change to the tuition boxes or these terms, we have made an error in pricing or description, there has been 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.

8.4 We will refund you the price you paid for the tuition boxes excluding delivery costs, as soon as possible but not later than 14 days, by the method you used for payment. 

 

9.  OUR RIGHTS TO END THE CONTRACT

9.1 We may end the contract at any time by writing to you if:

(a)  you do not make any payment to us when it is due, and you still do not make payment within 7 days of us reminding 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 tuition boxes, for example, your child’s age or current year group, delivery address and your payment details;

(c)  you do not, within a reasonable time, allow us to deliver the tuition boxes to you or collect them from us; or

(d) you are not using the tuition boxes for your own usage (sharing video lesson content is not permitted) or are using them for a commercial purpose or in any other way in breach of these terms and conditions.

(e) if you order multiple times using the same promotional code. Promotional codes are only valid for the first box delivered to a family. This means they can not be use multiple times to deliver boxes to same address or to customers ordering with the same email address. The first box promotional code is designed to enable customers to ‘try’ the box at a very reasonable price. Any ongoing use of promotional codes must be authorised in writing by the Fabulous at Phonics! team. We reserve the right to cancel the order of anyone who uses a promotional code designed for the first order more than once.

9.2 We may write to you to let you know that we are going to stop providing the tuition box. We will let you know at least 7 days in advance of our stopping the supply of the tuition box and will refund any sums you have paid in advance for tuition boxes which will not be provided. 

 

10.  IF THERE IS A PROBLEM WITH THE TUITION BOX

10.1 If you have any questions or complaints about the tuition box, please email us at fabulousatphonics@gmail.com

10.2 We are under a legal duty to supply tuition boxes that conform to this contract, match description given, are of satisfactory quality and are fit for purpose. Nothing in these terms will affect your legal rights. For further information about your legal rights please visit the Citizens Advice website www.adviceguide.org.uk.

10.3 If you wish to exercise your legal rights to reject your tuition box you must tell us within 14 days of receiving them.

 

11.  PRICE & PAYMENT

11.1 The price of the tuition box (which includes VAT) will be the price indicated on the pricing page of our website. 

11.2  If the rate of VAT changes between your order date and the date we supply the subscription bundle, we will adjust the rate of VAT that you pay, unless you have already paid for the subscription bundle in full before the change in the rate of VAT takes effect.

11.3 We accept payment with any credit or debit card. We ask you to pay in full for the first month’s subscription before the subscription start date. 

11.4 If we are unable to collect the payment by the due date, we will contact you and ask you to provide us with an alternative payment method. If you are not able to do so, we reserve the right to cancel your subscription. 

11.5 If you think an invoice is wrong, please let us know as soon as possible. We will try to sort this out as quickly as we can, but we reserve the right to charge you interest if we have not made a mistake. 

 

12.  OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

12.1 If we don’t comply with these terms, we will only be liable to you for the price of the tuition box and for loss or damage that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made or both we and you knew it might happen.

12.2 We do not exclude or limit our liability to you where it would be unlawful for us 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 tuition boxes and for defective tuition boxes under the Consumer Protection Act 1987

12.3 We supply the tuition boxes for your private use only. You must not use them for any commercial use and if you do, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

12.4 Because of the individual nature of a child’s learning experience, unfortunately, we are not able to guarantee that your child will make progress, pass exams or achieve any attainment levels or specific results, but we are confident that you will be happy with our tuition boxes and that your child will enjoy learning from them.

12.5 You are responsible for deciding if the products you receive are suitable for you and your child (including allergies, choking, and all other hazards). You agree that the sole solution for any damage arising from using our products will be credited towards your next subscription as decided by Fabulous at Phonics! We will not offer any compensation under any circumstance.

12.6 Our tuition boxes and website will involve the use of third-party content including things such as videos and printed materials. We will take good care to make sure that this is suitable for the purpose for which it is provided but we are unable to guarantee this. If you find anything to be unsuitable, please let us know immediately.

 

13.  HOW WE MAY USE YOUR PERSONAL INFORMATION

13.1 We will only use your personal information as set out in our privacy policy.

 

14.  OTHER IMPORTANT TERMS

14.1 We may transfer our rights and obligations under these terms to another organisation.

14.2 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. 

14.3 This contract is between you and us. No other person has any rights to enforce any of its terms.

14.4 Each of the paragraphs of these terms operates separately and if any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain continue to be effective.

14.5  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 if you break 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 subscription bundles, we can still require you to make the payment at a later date.

14.6 These terms are governed by English law and you can bring legal proceedings in respect of the subscription bundles in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the subscription bundles in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the subscription bundles in either the Northern Irish or the English courts.

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Website Terms of Use

Please read these Website Terms of Use (“Terms of Use”) carefully before using this site.

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If you don’t agree to these Terms of Use, please don’t use our Website. 

These Terms of Use apply to you if you are a.) a user of our Website and are 18 or over or b.) a parent, guardian or carer entering into these Terms of Use on behalf of a child under the age of 18 who will be a user of the Website. By using our Website, you are accepting and agreeing to these Terms of Use and you confirm that you fall into either category a.) or b.) above.

All information posted on our website is intended for general information purposes only. We do not accept any liability arising as a result of any reliance placed on any information contained on our Website. 

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Accessing our Website

We give access to our Website on a temporary basis, and we reserve the right to withdraw or change the service we provide without notice. We will not be liable if for any reason our Website is unavailable at any time. You are responsible for ensuring that anyone who accesses our Website through your internet connection is aware of these Terms of Use and that they comply with them.

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Intellectual property rights

All copyright trademarks and other intellectual property rights in all logos, designs, text, images and other materials on our Website are owned by Fabulous at Phonics! or appear with the permission of the relevant owner. Those works are protected by copyright and trade mark laws and treaties around the world. All such rights are reserved.

You are not authorised to copy, adapt, or otherwise use the content on our Website in any way, except for the downloading and temporary storage of one or more of these pages for the purpose of viewing on a personal computer or terminal or drawing the attention of others to material posted on our Website.

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Linking to and from our Website

We may use hyperlinks on our Website, but you agree that you will not frame our Website or create any hypertext links or deep links between it and any third-party website without our express prior written permission.

If you choose to use third-party links displayed on our Website, then you will leave our Website (whether or not you realise that you are leaving). Links on our Website are provided for your information only and we have no control over the contents of those third-party websites or resources. We are not responsible in any way for the material on any other website that you enter. We exclude to the fullest extent permitted by law all liability that may arise in connection with or as a result of such external website material causing any damage, costs, injury or financial loss of any kind.

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Our liability

We try to ensure that all information on our Website is accurate, but no guarantees, representations or warranties are given that the content on our Website is accurate, complete, up to date or error free. To the fullest extent permitted by law, we expressly exclude:

• all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;

• any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Website or in connection with the access, use, inability to use, or results of the use of our Website, any websites linked to it and any materials posted on it, including, without limitation, liability for:
  – loss of business
  – loss of income or revenue
  – loss of profits or contracts
  – loss of anticipated savings
  – loss of data
  – loss of goodwill
  – wasted management or office time
  – loss or damage caused to any equipment or software
  – any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraud or fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law.

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Acceptable use and website security

We will not tolerate any use of our Website which damages or is likely to damage our reputation, the availability or integrity of our Website or which causes or threatens to cause us to incur any legal, tax or regulatory liability. You must not misuse our Website by knowingly introducing viruses or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored, or any server, computer, or database connected to our Website. We will determine, in our absolute discretion, whether your use of our Website is unacceptable and, in this event, we may take such action as we deem appropriate.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, malicious code or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it.

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Uploading material to our Website

Whilst we will comply with our Privacy Policy, any material you upload to our Website will be considered non-confidential and non-propriety and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our Website constitutes a violation of their intellectual property rights, or their right to privacy. We have the right to remove any material or posting you make on our Website at any time.

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Privacy and cookies

Any personal details we collect from you will only be used in accordance with our Privacy Policy. By using our Website, you consent to us processing your information in this way and you warrant that all data provided by you is accurate.

We use cookies on our Website; for further information about how we use cookies and how to accept, delete or reject them please see our Privacy Policy.

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Our Website changes regularly

We aim to make sure that the material on our Website is up to date, but we cannot guarantee this. We may change the content at any time and if we need to, we may suspend the Website or close it indefinitely. 

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Severability

If any part of these Terms of Use is found to be invalid, illegal or unenforceable, that part shall be deemed not to form part of these Terms of Use and the validity and enforceability of the other provisions of these Terms of Use will not be affected.

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Variations

We may revise these Terms of Use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we have made. 

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Jurisdiction and applicable law

These Terms of Use shall be governed by law of England and Wales and subject to the exclusive jurisdiction of the English courts.

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Your concerns
If you have any queries regarding our Website or the information contained on it, please contact us at fabulousatphonics@gmail.com

Version Date: [September 2023]​