Terms and Conditions

Welcome to Colourful Conversations. Through our products and services, we aim to work in partnership with parents, guardians, educators, and mental health professionals, to empower children and young people with the knowledge and skills they need to develop emotional literacy and build mental health resilience.

These Terms and Conditions (“Terms”) apply when you use, access, or create an account on our website, www.colourfulconversations.org.uk (“Site”) and are the terms and conditions on which we supply products to you, whether these are goods or digital content through our Site.

Please read these Terms carefully before using our Site and before submitting your order to us. These Terms tell you who we are, how we will provide products to you, how either of us may change or end the contract, what to do if there is a problem, and other important information.

Our Site is operated by Colourful Conversations C.I.C. (company registration number 12713104) whose registered office address is at 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ (“we”, “us”, or “our”).

In line with our vision of demystifying mental health, we have taken the same honest and open approach with our Terms, but if there is anything you don’t understand or you have any questions, please get in touch with us by emailing help@colourfulconversations.org.uk. 

  1. ACCESSING AND USING OUR SITE

1.1 Our Site is intended for use by you in your personal capacity and may not be used in connection with any commercial endeavours. Members of staff at a childcare, educational setting and/or academic institution, commercial organisations must contact us at hello@colourfulconversations.org.uk to purchase a school licence. 

1.2. Companies, and/or businesses may not use our Site for any purpose, unless otherwise expressly permitted by us. For professional licenses please contact us at hello@colourfulconversations.org.uk 

1.3 If you use the Site on behalf of a childcare, educational setting and/or academic institution or commercial organisation, having purchased the required license from us (“Permitted Organisation”), including to order our products, you confirm that you are authorised to enter into these Terms on behalf of that Permitted Organisation and, in that case, you agree that the terms “you” and “your,” as used throughout these Terms, apply to both you and the Permitted Organisation. Please see Section 15 below for further information. 

  1. CREATING AN ACCOUNT

2.1 To place an order on our Site, you may need to create an online account with us.

2.2 If you create an account, we will obtain certain personal information about you (such as your name, email address and other information you provide or have made publicly available).

2.3 When you create an account with us, you agree to provide accurate, current and complete information about yourself. By providing us with your email address or phone number, (which will be treated in accordance with our Privacy Policy) you agree to receive all service related notices electronically, including by SMS, to that email address or telephone number, depending on your stated preference.

2.4 You are responsible for safeguarding your account and are responsible for activities that occur under your account. You must notify us immediately at help@colourfulconversations.org.uk if your password is lost, stolen, or disclosed to an unauthorised third party, or if your account has otherwise been compromised.

  1. YOUR ORDER WITH US

3.1 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 us. We will assign an order number to your order and tell you what it is when we accept your order.

3.2 If we are unable to accept your order for any reason, we will let you know by email and we will (i) not charge you for the product; or (ii) refund to you any sums you have already paid for the product. 

  1. PRICE AND PAYMENT

4.1 The price of the product (which includes VAT, sales tax, or other applicable taxes) will be the price indicated on the order pages when you placed your order. We use our best efforts to ensure that the price of the product advised to you is correct.

4.2 We accept payment by credit and debit cards, and Paypal as stated on our Site. You agree to pay the costs of the products as set out on our Site and accordingly authorise us or our third party payment processors to charge your payment provider for these products. 

  1. DELIVERY

5.1 The costs of delivery are displayed on our Site during the checkout process. 

5.2 We will dispatch your order to you as soon as reasonably possible and in any event within 7 days after the day on which we accept your order, unless we contact you with an estimated alternative delivery date.

5.3 Where your order is for a PDF download, we will send you a downloadable link to the email address as soon as the payment has been processed. 

5.4 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, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

5.5 You are responsible for the products you order once we deliver the products to the address or email you provided us and you will own the products you order once we have received payment in full.

  1. YOUR RIGHTS TO MAKE CHANGES TO YOUR ORDER

If you need to make a change to the product you have ordered please contact us using the contact details above. We will let you know if the change is possible and any changes to the price, timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you want to make the change. If we can’t make the change or the consequences of making the change are unacceptable to you, you may want to end the contract. Please see clause 7 for more information on your right to end the contract.

  1. YOUR RIGHTS TO END THE CONTRACT

7.1 Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract.

7.2 If what you have bought is faulty or described incorrectly, you may have a legal right to end the contract (or to get the product repaired or replaced). Please see clause 8.

7.3 If you are ending a contract for a reason set out below, the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:

7.3.1 we have told you about an upcoming change to the product or these Terms which you do not agree to;

7.3.2 we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;

7.3.3 there is a risk that supply of the products may be significantly delayed because of events outside our control;

7.3.4 we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or

7.3.5 you may have a legal right to end the contract because of something we have done wrong (for example, because we have delivered the product late).

7.4 For most products bought online you have a legal right under the Consumer Contracts Regulations 2013 to change your mind within 14 days and receive a refund. If you have bought goods from us, you have 14 days after the day you receive the goods to change your mind.

7.5 You do not have the right to change your mind in respect of digital products after you have started to download them even if the cancellation period is still running. By placing the order with Us, you accept that you will lose your 14 day right to cancel and we will ask you to agree to an instant download subject to payment processing.

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

8.1 To exercise your right to cancel, you must inform us of your decision to cancel the contract by writing to us via e-mail. Please provide your name, home address, details of the order and, where available, your phone number and email address.

8.2 If you end the contract for any reason after print products have been dispatched to you or you have received them, you must contact us at help@colourfulconversations.org.uk to arrange a return and refund. If you are exercising your right to change your mind you must notify us that you wish to end the contract within 14 days of receiving your order along with proof of purchase.

8.3 If the product is damaged or faulty, please email us with an uploaded image of the faulty or damaged product to request an exchange or refund.

8.4 We will refund you the price you paid for the products including delivery costs if applicable, by the method you used for payment. 

  1. OUR RESPONSIBILITY FOR LOSS AND DAMAGE SUFFERED BY YOU

9.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. 

9.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. 

9.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

  1. HOW WE MAY USE YOUR PERSONAL INFORMATION

10.1 We will use the personal information you provide to us in accordance with our Privacy Policy including:

10.1.1 to supply the products to you;

10.1.2 to process your payment for the products; and

10.1.3 if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.

10.1.4 Please see our Privacy Policy for more information on how we handle your personal data.

  1. DISCLAIMER OF WARRANTIES

11.1 All products delivered to you through the Site are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

11.2 The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your device's display of the colours accurately reflects the colour of the products.

  1. OUR RIGHTS TO MAKE CHANGES

12.1 We may change our Site or the products available through our Site to comply with changes in relevant laws and regulatory requirements or to implement minor technical adjustments and improvements. These changes will not affect your use of the products.

12.2 We may update or change these Terms at any time. It is your responsibility to check this page periodically for changes. If any modification is unacceptable to you, you shall cease using the Site. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.

  1. WE ARE NOT RESPONSIBLE FOR THE CONTENT OF WEBSITES WE LINK TO OR USER-GENERATED CONTENT

13.1 Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources, and, to the fullest extent permitted by law, we are not responsible for any third party service or the content therein.

13.2 Our Site may include information and materials uploaded by other users of the site. This information and these materials have not been verified or approved by us. The views expressed by other users on our Site do not represent our views or values. If you wish to complain about information and materials uploaded by other users, please email us at help@colourfulconversations.org.uk.

  1. INTELLECTUAL PROPERTY RIGHTS

14.1 The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Site (“Materials”) provided by us are protected by intellectual property and other laws. All Materials included in the Site are the property of us or our third party licensors. Except as expressly authorised by us, you may not make use of the Materials. We reserve all rights to the Materials not granted expressly in these Terms.

14.2 Subject to your complete and ongoing compliance with these Terms, we grant you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Site.

  1. PLEASE DON’T COPY OUR PRODUCTS – DOWNLOADING TERMS

15.1 We grant you perpetual, non-exclusive, non-transferable permission to download the products you buy from us and to use those products for the Permitted Uses only (as defined below). Unless the activity or use is a Permitted Use, you cannot do it and we ask really nicely that you don’t as this will be damaging to our small business (and those we are trying to help). All rights in and to the products, including, without limitation, all copyright and other intellectual property rights relating to the products, are retained by us.

15.2 Permitted Uses - you may only use the products for personal use. You may not print multiple copies and use them in an educational or commercial setting. Please contact us at hello@colourfulconversations.org.uk to enquire about a professional or school licence for group, session and classroom use. You may not use the Content in products for resale, license or any other distribution, or superficially modify the product to sell it to others for use or reproduction. You may not incorporate the product in any other products that results in a re-distribution or re-use of our product or make it available in a manner such that a person can extract or access or reproduce our products as an electronic file. That would really hurt our feelings! Any use of the Content that is not a Permitted Use shall constitute infringement of copyright!

15.3 If there is any doubt that a proposed use is a Permitted Use, please contact us for guidance. We’re always open to conversations.

  1. OTHER IMPORTANT TERMS

16.1 These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and us regarding your use of the Site and any orders you place with us. We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

16.2 You may only assign or transfer your rights or your obligations under these Terms, to another person if we agree to this in writing.

16.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.

16.4 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.

16.5 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 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. 

16.6 Your use of the Site is subject to all additional terms, policies, rules, or guidelines applicable to the Site or certain features of the Site that we may post on or link to from the Site (the “Additional Terms”) and notify to you from time to time. You should check the Site regularly for updates and to see if any Additional Terms have been added All Additional Terms are incorporated by this reference into, and made a part of, these Terms.

16.7 These Terms are governed by English law and you can bring legal proceedings in respect of the products in English courts.

 

© 2020 Colourful Conversations CIC  - 
All Rights Reserved 
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