Terms & Conditions
Introduction to Colourpoint Educational
This is the Colourpoint Educational website (the ‘Website’) and it is operated by Colourpoint Creative Ltd. Colourpoint Educational is an imprint of Colourpoint Creative Ltd and has its offices at Colourpoint House, Jubilee Business Park, 21 Jubilee Road, Newtownards, BT23 4YH. (Company registration number NI610849, VAT registration number 574471814).
These terms will apply to all users of the site irrespective of whether you make a purchase. Please read them very carefully.
How you should use this website
Your attention is drawn to these Terms and Conditions, which explain how this Website should be used. By using this Website, you agree to these Terms and Conditions. If you do not accept these Terms and Conditions and do not intend to be bound by them you must not use this Website and should exit it immediately. Your continued use of this Website will constitute acceptance of these Terms.
This Website provides you with information about Colourpoint Educational and the products and services which we offer.
Our Website also enables you to purchase books online and you can view descriptions of these books by using our search facility. By making these descriptions available we do not give any guarantee or undertaking that any particular book will be available at any particular time and we reserve the right to withdraw any books which we show on our Website at any time and without notice.
We reserve the right to alter, delete, adapt, take down or in any other way amend the whole or any part of this Website including any of the content contained on it at any time and without notice. These Terms may change from time to time and you should review this page on a regular basis. If you continue to use the Website after any such amendments have been made you will be deemed to accept those amendments. You may access these Terms at any time by accessing the link which appears at the foot of each page of this Website.
This Website is aimed primarily at users in Northern Ireland, Ireland and Great Britain and all communications shall be in English.
Where any user is in breach of these Terms, we may, but shall not be required to, provide a warning to such user for failure to comply. Further, we have the right to ban any user from the Website at any time, whether or not any prior warning has been given.
Communicating with Colourpoint Educational
On certain pages on our Website, we invite you to send information to us by email. You must not make any communication which is, in any way, defamatory, abusive, obscene, unlawful, of a racist, sexist or other discriminatory nature, or which we believe could cause offence. You must not use any abusive or aggressive language, swear, threaten, harass or abuse any other person, including other users. All information which you provide to us must be accurate, truthful and should not infringe the rights, including the intellectual property rights (for example, copyright) of any other person and by submitting any information, you confirm that you own or otherwise have the right to use any information which you give to us.
All users must use their own identity when making any communications with Colourpoint Educational.
You must not corrupt the Website, flood the Website with information so as to cause it not to function or use any features which may affect the Website for example viruses, worms or similar. Any multiple submissions or ‘spam’ are strictly prohibited. You must not interfere with, remove or otherwise alter in any way, any information which is included on the Website.
All Website design, text, graphics, the selection and arrangement thereof, software compilations, underlying source code, software and images together with all other material on this Website are either owned by Colourpoint Educational or used under licence from third party rights owners. To the extent that any material contained on this Website may be downloaded or printed then such material may be downloaded to a single personal computer only and hardcopy portions may be printed solely for your own personal and non-commercial use. You acknowledge the intellectual proprietary rights in all content on the Website and you understand that content on this Website is protected by copyright law. Under no circumstances shall you in any way modify, publish, transmit, copy (in whole or in part), distribute or incorporate into any other website or other medium or material, any images which appear on the Website whatsoever, without the express written permission of Colourpoint Educational.
Links to other websites
This Website contains links to other websites which may be of interest. All links are provided for your information and convenience only and your use of any such websites shall be subject to any terms, which are on those sites, including any privacy policies. Colourpoint Educational does not make any representation or give any warranty about the links, which are provided, to third party sites. Those third parties may offer products or services for sale and if you decide to purchase them, this shall be an arrangement between you and the third party. In no way shall Colourpoint Educational be liable for any such products or services and we do not make any representations or give any recommendations in respect of them.
Limitation of liability and disclaimer
At Colourpoint Educational we make every effort to ensure the information on this Website is accurate. This Website is provided on an ‘as is’ basis, which means that you must use the Website exactly as it is provided to you. Colourpoint Educational shall not be liable for the accuracy, completeness or appropriateness of any content. It is your responsibility to satisfy yourself that any content or information, which you use from this Website, is suitable for your own particular purposes. You assume full responsibility for using any information on the Website and you understand and agree that if you use information neither Colourpoint Educational nor its employees are responsible or liable for any claim, loss or damage arising from such use. We do not represent or warrant that the information accessible via this Website, is accurate, complete or current nor that this Website will be available, accessible, uninterrupted, timely, secure or operate without error or that it will be free from viruses or other harmful elements.
To the fullest extent permitted at law, neither Colourpoint Educational nor any employee or representative involved in the website will be liable whether in contract, tort, statue or otherwise howsoever arising for any damages, losses, costs, claims, liabilities or expenses arising out of or in connection with the use of this website.
This exclusion and limitation of liability shall apply to all damages, losses, costs, claims, liabilities and expenses of any kind whether direct or indirect, including without limitation legal costs or expenses, direct loss of profit, direct loss of anticipated savings, indirect loss of profit, indirect loss of anticipated savings, loss of revenue, loss of use of money, loss of opportunity or loss of or damage to property and/or any wasted expenditure or third party claims. For the avoidance of doubt the losses as listed in this clause are intended to be distinct and severable. Nothing contained in this clause shall affect your statutory rights.
Nothing in these Terms shall exclude or limit our liability for death or personal injury caused by our negligence or for fraudulent misrepresentation.
Law and jurisdiction
These Terms and your use of this Website shall be subject to Northern Ireland law and any disputes shall be determined in the Northern Ireland courts.
We will not be liable to fulfil any undertaking on our part including where that failure is caused by trade dispute or breakdown of machinery or any other matter outside our control.
If part, or all, of these Terms become void the remaining part of them and any other provisions on the Website which shall form part of these Terms will remain valid and enforceable.
Failure by us to exercise, or delay in our exercising, any right or remedy under these Terms shall not waive any of the rights and remedies available to us.
Except as expressly agreed in these Terms a person who is not a party to the Contract shall have no rights pursuant to the Contracts (Rights of Third Parties) Act 1999 (the ‘Act’) to enforce any term of the Contract. Any right or remedy of a third party which exists or is available apart from the Act is not affected.
Nothing in these Terms shall be construed as establishing or implying a partnership between Colourpoint Educational or Colourpoint Creative Ltd and any user of the Website nor shall any relationship of agency be implied.
Purchasing books online This Website contains information about books or merchandise advertised for sale. By displaying information about these books and merchandise we are inviting you to place an order for an item in which you may be interested. The display of books and merchandise on our Website does not represent an offer by us to sell those books or merchandise and by displaying these items for sale, nothing shall oblige us to sell them to you.
You should ensure that you print a copy of these Terms and Conditions and retain them in hard copy format to refer to in the future should you need to do so.
Circumstances in which we may refuse to accept your order: We reserve the right to decline any order which you may place in circumstances which may include but which are not limited to the following situations:
- the item which you have ordered is not in stock or if the item which you wish to purchase is otherwise no longer available, for example if the book is out of print;
- we are unable to obtain authorisation for payment from you;
- we identify a book, item or pricing error on our Website;
- you fail to meet any of the criteria which we stipulate for eligibility at any point throughout this Website.
All books and items of merchandise are advertised for sale on the Website subject to availability. We may inform you as soon as possible if the items that you have ordered are not available but shall not be obliged to do so. We reserve the right to fulfil your order by supplying a replacement edition of the particular book in question if the edition which you have ordered is no longer available.
Price and payment All prices quoted on this Website exclude postage and packing charges. Prices as shown on the Website are correct at the time at which we put the information onto the Website but may be subject to change at any time.
We reserve the right to make adjustments to the price to take account of any increase in our supplier’s prices or the imposition of any new taxes or duties. If our price is amended, we will inform you of this revised price and you will have an opportunity to cancel your order.
Payment can be made via PayPal, ApplePay and credit cards or debit cards with either a Visa or MasterCard logo.
Any payment made by credit/debit card is made subject to validation checks and authorisation by the card issuer. By submitting credit/debit card details, you confirm that the card belongs to you or that you are otherwise authorised to use it, including, where making a corporate purchase on behalf of the relevant entity. If authorisation of your payment is refused for any reason we reserve the right to refuse your order notwithstanding any previous acceptance. Payments by credit/debit card may be subject to administration charges which shall be your responsibility. We will reimburse your payment if we are unable to complete your order.
Payment for advance orders will be taken from your account immediately. Orders will be despatched when the item becomes available. This information will be displayed on individual item detail pages.
You will only own the items once we have received payment in full.
Except where we act negligently, we shall not be liable for any losses which result from unauthorised use of your credit or debit card or other payment details including but not limited to unauthorised access to such details or unlawful disclosure by a third party.
Postage and packaging
Our postage rates vary depending on delivery address and method of delivery chosen at the checkout. The rates are clearly displayed prior to order confirmation.
From time to time it is necessary for Colourpoint Educational to levy supplementary postage and packaging charges, for example for very large or heavy books, or for high-value books that require postal insurance. Such supplementary postage prices will be clearly displayed on the individual item detail pages. Items that require supplementary postage and packaging charges do not qualify for free postage and packaging.
Delivery of goods
The items will be delivered to the address that you provide unless otherwise stated.
Time for despatch and delivery shall not be of the essence of the contract and we shall not be liable for any delay. You acknowledge that we use another organisation for delivery and therefore cannot be liable for any actions of that third party.
For delivery outside of the European Union, you may be subject to import duties and taxes which are levied once the package reaches the destination country when ordering goods from Colourpoint Educational.
Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be.
Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from Colourpoint Educational, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods.
Items are sold subject to the item descriptions as they appear on the Website. However, we reserve the right not to accept orders where errors have been made including in the description of the items and pricing information. If we deliver any items to you in error, for example we deliver an item which is not that which you ordered, we will replace the item.
If in any event, taking into account the exclusion of liability provision as set out above, we are in any way in default for the supply of items to you, the maximum amount for which we shall be liable for all claims made by any person shall not exceed a sum equal to the amount paid or payable by you for any items however that claim arises including (without limit) negligent error or omission, breach of contract, tort, misrepresentation (excluding fraudulent misrepresentation) or breach of statutory duty in respect of one incident or a series of incidents.
THE FOLLOWING PROVISIONS WILL APPLY ONLY TO THOSE CUSTOMERS WHO MAKE A PURCHASE ONLINE IN THEIR CAPACITY AS A CONSUMER I.E. FOR NON-BUSINESS PURPOSES.
You have the right to cancel the contract with us if you change your mind for any reason within 14 days following the day on which you received the item(s). You may exercise this right by emailing us at email@example.com. Please quote any order acknowledgement reference that we may have given to you.
If you do exercise your right to cancel, you must return the item(s) to us within 14 days of notifying us, with their original packaging to Colourpoint Educational, Colourpoint House, Jubilee Business Park, 21 Jubilee Road, Newtownards, BT23 4YH. You should make sure that any returned items are kept in the same condition as they were when delivered to you and you should retain all paperwork and packaging where possible. You will arrange for and pay any costs associated with the return of your item(s). If you fail to return the items to us we reserve the right to charge you for any reasonable costs that we incur in collecting the item(s) from you.
If you cancel the contract and return the item(s) to us we will reimburse you for the price paid for the item (subject to any charge made by us for the collection of the items) within 14 days of receiving the goods back.
Returning damaged or incorrect orders
If your item(s) is damaged or we have supplied you with an incorrect order, please notify us by email at firstname.lastname@example.org within 14 days following the day on which you received the item(s). You should make sure that any returned items are kept in the same condition as they were when delivered to you and you should retain all paperwork and packaging where possible.
Upon receipt of the item(s), we will issue a full refund, including any cost you incurred in returning the item to Colourpoint Educational, or despatch a replacement item and refund any postage costs incurred.
This returns policy does not affect your statutory rights.
Last updated 7 June 2019