Terms & Conditions
1. These terms
- What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods, services or digital content.
- Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products 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, please contact us to discuss.
2. Information about us and how to contact us
- Who we are. We are MONSTER PHONICS LTD (our “Platforms” covers our websites: www.monsterphonics.com & www.superherospelling.com) a company registered in England and Wales. Our company registration number is 09429852 and our registered office is at Units 7/8 Power House, Higham Mead, Chesham, Buckinghamshire, HP5 2AH.
- How to contact us. You can contact us by telephoning our customer service team by contacting us at firstname.lastname@example.org or 0800 211 8052.
- 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.
- “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. Our contract with you
- Your “Order”. In this agreement, we refer to your “Order” as being an order for our Products (including our physical Products and our digital products, such as our software or Apps) and/or Services (which includes our subscription learning platforms and programmes).
- How we will accept your order. 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.
- 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 the product. This might be because the product is 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 product or because we are unable to meet a delivery deadline you have specified.
- Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
4. Your rights to make changes
- If you wish to make a change to the product 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 the product, 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.
5. Our rights to make changes
- Minor changes to the products. We may make minor changes to the product as described:
- to reflect changes in relevant laws, regulatory requirements and/or national curriculum; and
- to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product
- Updates to digital content. We may update or require you to update digital content, for similar reasons as listed in
6. Providing the products
- Delivery costs. The costs of delivery will be as displayed to you on our website.
- When we will provide the products
- If the products are goods. If the products are goods we will deliver them to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order
- 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.
- If the products are a subscription to receive services/digital content. We will supply the services, goods or digital content to you until either the services are completed or the subscription expires or you end the contract as described in clause 7 or we end the contract by written notice to you as described in clause 9.
- We are not responsible for delays outside our control. If our supply of the products 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.
- When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave
- When you own goods. You own a product which is goods once we have received payment in full.
- 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 products to you, for example, your delivery address, name of school, contact name, etc. 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 Error! Reference source not found. will apply). 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.
- Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
- deal with technical problems or make minor technical changes;
- update the product to reflect changes in relevant laws and regulatory requirements;
- make changes to the product as requested by you or notified by us to you (see clause 5.).
- We may suspend supply of the goods/digital products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 3) and you still do not make payment within 30 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see clause Error! Reference source not found.). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see clause Error! Reference source not found.).
7. Your rights to end the contract
- Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most products bought online you have a legal right to change your mind within 14 days and receive a refund. This does not apply in respect of digital products after you have started to download or stream these.
- Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you are not a consumer who has a right to change their mind you can still end the contract before it is completed. The contract will not end until 1 calendar month after the day on which you contact us. We do not refund any money for remaining time of the subscription not used.
8. How to end the contract with us (including if you are a consumer who has changed their mind)
- Tell us you want to end the contract. To end the contract with us, please let us know by calling our customer services number or emailing us.
- Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. If you are a consumer exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
- When we will pay the costs of return. We will pay the costs of return:
- if the products are faulty or misdescribed;
- if you are ending the contract because we have told you of an upcoming change to the product or these terms, 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;
In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.
- What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.
- How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
9. Our rights to end the contract
- We may end the contract if you break it. We may end the contract for a product 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 14 days of us reminding you that payment is due;
- you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, your name, and address/address of school;
- you do not, within a reasonable time, allow us to deliver the products to you;
10. Price and payment
- What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We may not accept your order if this happens, and we will contact you with the correct price to ask if you wish to proceed with your order.
- When you must pay and how you must pay:
- 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 products to you.
- For digital content, you must pay for the products before you download.
- For services/subscription, you must pay for the subscription on subscribing or agree to pay the invoice from Monster Phonics for the specific amount.
- School Subscription Packages are for use by educational establishments only. After subscribing, the school is provided with a unique login to access all our subscriber resources. Please note that login details are for teacher-use only and must not be shared with parents. Teachers may print off copies of resources for the purposes of distribution of them, without modification, to pupils. You may not share resources with non-account holders electronically.
- By taking the 3-year subscription, you are agreeing to pay the initial payment and 2 further payments, charged on the annual renewal date after one year and after 2 years.
11. Our responsibility for loss or damage suffered by you if you are a consumer
- 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 products.
12. Our responsibility for loss or damage suffered by you if you are a business
- Nothing in these terms shall limit or exclude our liability for:
- death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
- fraud or fraudulent misrepresentation; or
- defective products under the Consumer Protection Act 1987
- Subject to clause 1:
- we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
- our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the annual subscription fee or the price of the goods (whichever is relevant).
13. Other important terms
- We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. It will not affect your rights under the contract.
- You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
- Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
- 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.
- 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.
- 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.