Registered Office: Crossbow Education Limited, 18-19 Wolseley Court, Staffordshire Technology Park, Stafford, ST18 0GA. Company registration number: 5329238. Registered in the UK as a limited company.
Buyer: the person who buys or agrees to buy the goods from the Seller.
Conditions: the terms and conditions of sale as set out in this document and any special terms and conditions agreed in writing by the Seller.
Goods: the articles which the Buyer agrees to buy from the Seller.
Merchandise: "Merchandise" refers to all goods, or any portion of goods, described in the buyer's purchase orders submitted to CROSSBOW EDUCATION LTD. All packaging, instructions, and other materials included with goods are also considered to be merchandise.
Price: the price for the Goods, excluding VAT and any carriage, packaging and insurance costs.
Seller: means CROSSBOW EDUCATION LTD of 18-19 Wolseley Court, Staffordshire Technology Park, Stafford, ST18 0GA
These Conditions shall form the basis of the contract between the Seller and the Buyer in relation to the sale of Goods, to the exclusion of all other terms and conditions including the Buyer's standard conditions of purchase or any other conditions which the Buyer may purport to apply under any purchase order or confirmation of order or any other document.
The buyer's acceptance of any goods purchased from CROSSBOW EDUCATION LTD shall constitute agreement to the terms and conditions set forth herein. This contract constitutes the sole agreement between the buyer and CROSSBOW EDUCATION LTD; however, it will be affected by specific terms and conditions published by CROSSBOW EDUCATION LTD and any agreements, amendments, or waivers agreed to in writing. In addition, CROSSBOW EDUCATION LTD shall not be held responsible for any contrary or inconsistent terms appearing on the buyer's purchase orders, acknowledgements, or other documents.
RIGHT TO CANCEL CONTRACT:
You have the legal right to cancel this contract within 14 days without giving any reason.
- [In the case of a download purchase] – The cancellation period will expire after 14 days from the day of the conclusion of the contract.
- [In the case of a sales contract] – The cancellation period will expire after 14 days from the day on which you acquire, or a third party (other than the carrier) indicated by you acquires, physical possession of the goods.
- [In the case of a contract relating to multiple goods ordered by the consumer in one order but despatched in more than one delivery] – The cancellation period will expire after 14 days from the day on which you acquire, or a third party (other than the carrier) indicated by you acquires, physical possession of the last good.
- [In the case of a contract relating to delivery of a good of multiple lots or pieces] – The cancellation period will expire after 14 days from the day on which you acquire, or a third party (other than the carrier) indicated by you acquires, physical possession of the last lot or piece.
- [In the case of a contract for regular delivery of goods during a defined period of time] – The cancellation period will expire after 14 days from the day on which you acquire, or a third party (other than the carrier) indicated by you acquires, physical possession of the first good.
To exercise the right to cancel you must inform us (Crossbow Education Ltd, 18-19 Wolseley Court, Staffordshire Technology Park, Stafford, ST18 0GA Tel. 01785 242878, Fax. 01785 242281, email: firstname.lastname@example.org) of your decision to cancel this contract by a clear statement (e.g. a letter, fax, or e-mail). You may use our model cancellation form, or any other clear statement.
You can also electronically fill in and submit the model cancellation form on our website by clicking here. If you use this option, we will send you an acknowledgement of your cancellation by e-mail without delay. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
EFFECTS OF CANCELLATION:
If you cancel this contract, we will reimburse to you all payment received from you, including the costs of delivery (except for the supplementary costs arising if you choose a type of delivery other than the standard delivery offered by us). We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
We will make the reimbursement without undue delay, and not later than-
- (a) 14 days after the day we receive back from you any goods supplied, or
- (b) (if earlier) 14 days after the day you provide evidence that you have returned the goods, or
- (c) If there were no goods supplied, 14 days after the day on which we are informed about your wish to cancel this contract We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
We will make the reimbursement using the same means of payment as you used for the initial payment, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. In the event of a cancellation, you will have to bear the cost of returning the goods.
ACCEPTANCE OF GOODS:
The buyer agrees to fully inspect all received goods within 30 working days after the time of delivery. The Buyer shall be deemed to have accepted the Goods after this time.
SUCH ACCEPTANCE SHALL CONSTITUTE THE BUYER'S IRREVOCABLE ACCEPTANCE OF THE GOODS AND A WAIVER OF ANY AND ALL CLAIMS THE BUYER MAY OTHERWISE HAVE AGAINST CROSSBOW EDUCATION LTD WITH RESPECT TO THESE GOODS.
All claims related to the shipment, applicable invoice, and/or merchandise must be made in writing within thirty days of the buyer's receipt of shipment. A claim may be made for a damaged item, the wrong item received, or a short-shipped number of boxes within thirty days of delivery.
DELIVERY AND SHIPPING:
Carriage shall be charged on all orders at the rate stipulated by CROSSBOW EDUCATION LTD on their current order form and website. Any dates quoted for merchandise shipment are only estimates and are not guaranteed. CROSSBOW EDUCATION LTD may make partial deliveries, unless otherwise specified on the purchase order. CROSSBOW EDUCATION LTD will endeavour to meet any quoted shipment dates but does not guarantee to do so and shall have no liability for any delay in shipment or delivery. CROSSBOW EDUCATION LTD shall not be held responsible for any damage or loss incurred by the buyer due to delays in shipment or delivery. If short delivery does take place, the Buyer undertakes not to reject the Goods but to accept the Goods delivered as part performance of the contract. IN NO EVENT SHALL CROSSBOW EDUCATION LTD BE LIABLE TO THE BUYER OR ANY THIRD PARTY FOR ANY LOST PROFITS OR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES. ALL FREIGHT CHARGES ARE PREPAID.
TITLE AND RISK
Unless otherwise indicated in the governing freight terms, risk shall pass to the buyer when CROSSBOW EDUCATION LTD ships the merchandise to the buyer's designated delivery address.
Notwithstanding the earlier passing of risk, title in the Goods shall remain with the Seller and shall not pass to the Buyer until the amount due under the invoice for them (including interest and costs) has been paid in full.
LIMITED SOFTWARE WARRANTY:
CROSSBOW EDUCATION LTD warrants all software to perform in accordance with its documentation for a period of 90 days from the purchase date. If software is defective within 90 days, CROSSBOW EDUCATION LTD will replace it free of charge, provided it is returned in undamaged condition. THIS WILL BE CROSSBOW EDUCATION LTD's ONLY RESPONSIBILITY REGARDING DEFECTIVE SOFTWARE.
SOFTWARE LICENSE AGREEMENT:
The buyer of a CROSSBOW EDUCATION LTD proprietary software license is authorized to install and use the software as per our separate software licence agreement. To read our software licence agreement please click here.
TRADEMARKS, COPYRIGHTS AND RESTRICTIONS:
All CROSSBOW EDUCATION LTD proprietary products, including software, are owned by CROSSBOW EDUCATION LTD and are protected by UK and international copyright laws and international trade provisions. Users may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any material published by CROSSBOW EDUCATION LTD without its prior written permission or unless specified within the publication. Any modification of the Materials, or any portion thereof, or use of the Materials for any other purpose constitutes an infringement of CROSSBOW EDUCATION LTD'S copyrights and other proprietary rights. Use of these Materials on any other web site or other networked computer environment is prohibited without prior written permission from CROSSBOW EDUCATION LTD. The buyer is responsible for attorneys' fees incurred by CROSSBOW EDUCATION LTD due to the buyer's distribution, resale, or promotion of CROSSBOW EDUCATION LTD merchandise or unauthorized use of the Materials.
The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller in their published documentation.
BILLING AND PAYMENT:
When placing an order, the buyer must either prepay by cheque or credit card or provide an institutional purchase order. A verbal order from an approved organisation can be deemed to be an institutional purchase order. Where an institutional purchase order has been provided, full Payment of the Price and VAT shall be due within 30 days of the date of the Seller's invoice, unless otherwise specified.
CROSSBOW EDUCATION LTD reserve the right to charge interest on overdue invoices. In the event that Interest on overdue invoices is charged, it shall accrue from the date when payment becomes due calculated on a daily basis until the date of payment, at the rate of 5% per annum above the Bank of England base rate from time to time in force. Such interest shall accrue after as well as before any judgment.
The Buyer shall pay all accounts in full and not exercise any rights of set-off or counter-claim against invoices submitted by the Seller.
The awarding of a credit account to organizations that are not government funded is at the sole discretion of CROSSBOW EDUCATION LTD's Credit Department. CROSSBOW EDUCATION LTD reserves the right to suspend or terminate credit facilities to organizations that do not adhere to the billing and payment terms outlined above.
COLLECTION FEES AND ACCELERATION:
The buyer shall be responsible for all attorneys' fees incurred by CROSSBOW EDUCATION LTD in collecting its receivables hereunder and for interest on all past due amounts. The buyer shall not be responsible for amounts exceeding the maximum rates allowable by law. CROSSBOW EDUCATION LTD retains the option to accelerate the buyer's entire account debt if a payment is late.
The buyer shall indemnify CROSSBOW EDUCATION LTD from any and all loss, damage, cost, charge, expense., or liabilities of whatever nature and howsoever arising. This includes but is not limited to any legal or other professional fees and the costs of defending or prosecuting any claim and any loss of profit, goodwill, and any other direct or consequential loss incurred or suffered by CROSSBOW EDUCATION LTD directly or indirectly by reason of any act or omission committed in breach of these terms and conditions and the obligations and warranties contained in them.
The buyer's rights and obligations under this sales agreement may not be assigned to a third party without CROSSBOW EDUCATION LTD's prior written consent.
Website Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THESE TERMS AND CONDITIONS MAY HAVE CHANGED SINCE USER'S LAST VISIT TO THIS SITE. BY USING THIS SITE, USER INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF USER DOES NOT ACCEPT THESE TERMS AND CONDITIONS, THEN DO NOT USE THIS SITE.
Your use of this website hosted by CROSSBOW EDUCATION LTD. is subject to the following terms and conditions:
CROSSBOW EDUCATION LTD's Materials
All materials contained on this website are Copyright © CROSSBOW EDUCATION LTD 2012. All rights reserved. The materials posted on this site by CROSSBOW EDUCATION LTD may be retrieved solely for personal use and may be downloaded solely for personal use. No materials contained on this website may otherwise be copied, modified, published, broadcast, or otherwise distributed without the prior written permission of CROSSBOW EDUCATION LTD. Any reproduction permitted under this Agreement must contain notice of CROSSBOW EDUCATION LTD's copyright as follows: "Copyright © CROSSBOW EDUCATION LTD 2012. All rights reserved."
CROSSBOW EDUCATION LTD Ltd., CROSSBOW EDUCATION LTD,and/or any other names of products or services provided by CROSSBOW EDUCATION LTD referred to on this website are trademarks of CROSSBOW EDUCATION LTD. The names of other companies, products and services referenced herein may be the trademarks of their respective owners.
The information contained on this website or any other website owned, operated, licensed, or controlled by CROSSBOW EDUCATION LTD, as well as the design and layout of such websites, contain elements protected by trade mark, copyright, and/or other laws, and may not be copied or imitated in whole or in part. No text, logo, graphic, sound or image from any CROSSBOW EDUCATION LTD website may be copied or retransmitted without the express prior written permission of CROSSBOW EDUCATION LTD.
While CROSSBOW EDUCATION LTD has made every effort to maintain accurate information on this website, the information contained herein may contain errors or omissions. CROSSBOW EDUCATION LTD MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND CONCERNING THE ACCURACY OR SUITABILITY OF THE INFORMATION CONTAINED ON THIS WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION IS PROVIDED "AS IS," AND WITH SPECIFIC DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND/OR NON-INFRINGEMENT. CROSSBOW EDUCATION LTD MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND THAT THE SERVICES PROVIDED BY THIS WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT THE SITE OR THE SERVER THAT HOSTS THE SITE ARE FREE FROM VIRUSES OR OTHER FORMS OF HARMFUL COMPUTER CODE. IN NO EVENT SHALL CROSSBOW EDUCATION LTD, ITS EMPLOYEES OR AGENTS, OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THESE PAGES, BE LIABLE FOR ANY DIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF THIS SITE.
The terms and conditions under the "Indemnification" paragraph under General Terms and Conditions above apply in their entirety to the use of any website operated by CROSSBOW EDUCATION LTD Ltd.
TRADEMARKS, COPYRIGHTS AND RESTRICTIONS: All CROSSBOW EDUCATION LTD proprietary products, including software, are owned by CROSSBOW EDUCATION LTD and are protected by UK and international copyright laws and international trade provisions. This Website and all materials on the Website, including, but not limited to, images, illustrations, posts, audio clips, video clips (collectively, the "Materials") are the property of CROSSBOW EDUCATION LTD and are protected from unauthorized copying and dissemination by copyrights that are owned or licensed by CROSSBOW EDUCATION LTD and by copyright law, trademark law, international conventions and other intellectual property laws. Users may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any Materials from Site, or any other website owned or operated by CROSSBOW EDUCATION LTD without its prior written permission. However, users may download or make one copy of the Materials and other downloadable items displayed on the Website, provided that the same are not used for any commercial purpose, distributed to third parties or offered for sale to third parties, and further provided that all copyright and other notices contained in the Materials are left intact. Any modification of the Materials, or any portion thereof, or use of the Materials for any other purpose constitutes an infringement of CROSSBOW EDUCATION LTD'S copyrights and other proprietary rights. Use of these Materials on any other web site or other networked computer environment is prohibited without prior written permission from CROSSBOW EDUCATION LTD. The buyer is responsible for any legal fees incurred by CROSSBOW EDUCATION LTD due to the buyer's distribution, resale, or promotion of CROSSBOW EDUCATION LTD merchandise or unauthorized use of the Materials.
To other sites:
Links to other websites do not imply an endorsement of the materials disseminated by publishers at those websites, nor does the existence of a link to another site imply that the organization or person publishing at that site endorses any of the materials at this site. Links to other websites are provided by CROSSBOW EDUCATION LTD solely as a convenience to its users. CROSSBOW EDUCATION LTD is not responsible for the materials contained at any website linked to this site.
From other sites:
We require no formal notice for linking to our site, although we request that a notification is sent using our published contact details when this has been done. This will allow us to notify you in the event that any relevant information has been changed, or if we remove content from our site. CROSSBOW EDUCATION LTD will, out of courtesy, attempt to pass on such notifications as and when necessary, but holds no accountability for doing so and cannot be held responsible for information displayed in externally linked sites.
Any attempt to display our content in some form other than it is displayed in full view by our server, or otherwise displaying our content only partially, or without our copyright notice, will be considered an infringement of copyright law, and action may be taken against it.
We operate the Website from our offices within the United Kingdom. We make no representations that content and materials on the Website are legal or appropriate for use from outside the United Kingdom. If the user chooses to access the Website from other locations, then user does so at the user's own risk and the user is responsible for compliance with any and all local laws. User may not use the Website in violation of United Kingdom export laws and regulations.
This Agreement will be governed by and construed in accordance with the laws of the United Kingdom, as it is applied to agreements entered into and performed therein, and excluding (i) the United Nations Convention on Contracts for the International Sale of Goods; (ii) the 1974 Convention on the Limitation Period in the International Sale of Goods; and (iii) the Protocol amending the 1974 Convention, done at Vienna April 11, 1980. Any action brought to enforce this Agreement or matters related to the Website will be brought under the jurisdiction of the United Kingdom; provided, however, that notwithstanding anything contained in this Agreement to the contrary, CROSSBOW EDUCATION LTD shall have the right to institute judicial proceedings against user or anyone acting by, through or under user, in order to enforce our rights hereunder through reformation of contract, specific performance, injunction or similar equitable relief. If any provision of this Agreement is deemed void, unlawful, or otherwise unenforceable for any reason, then that provision will be severed from this Agreement and the remaining provisions of this Agreement will remain in force. This Agreement constitutes the entire agreement between user and CROSSBOW EDUCATION LTD concerning the user's use of the Website and the products sold hereon, and the Agreement will not be modified, except in writing, signed by both parties.
CROSSBOW EDUCATION LTD recognizes the importance of protecting information we may collect from customers using our site. We use the information we acquire from users through the registration and and/or ordering processes at our sites primarily for internal business purposes, and we may also use this information to send occasional promotional material to visitors, by email or by post. We maintain appropriate security measures to keep this information private, and do not pass any information to third parties, except for delivery purposes or where required by law to do so.
We fully respect your privacy and guarantee not abuse it in any way by passing on your personal details or any other information arising from your visit to our site to any third party whatsoever.