CONTENTS

  1. These terms…………………………………… 1
  2. Information about us and how to contact us……………………………………………… 1
  3. Our contract with you……………….. 2
  4. Our products………………………………… 2
  5. Our rights to make changes……… 3
  6. providing the products: Fully downloadable digital content…………. 3
  7. suspending any supply to you….. 3
  8. Your rights to end the contract 4
  9. HOW TO END THE CONTRACT WITH US 4
  10. Our rights to end the contract. 4
  11. If there is a problem with the products………………………………………………… 5
  12. Your rights in respect of defective products if you are a business………………………………………………….. 5
  13. Price and payment………………………… 6
  14. Our responsibility for loss or damage suffered by you if you are a consumer………………………………………………… 7
  15. Our responsibility for loss or damage suffered by you if you are a business………………………………………………….. 8
  16. How we may use your personal information……………………………………………. 8
  17. Other important terms………………. 9

 

 

Our terms

  1. These terms
    • What these terms cover. These are the terms and conditions on which we supply products to you, whether these are solely digital content or includes resources that we deliver to you. The terms are in particular applicable to purchases of the following products:-
      • Lexonik Spell Home Edition; and
      • Lexonik Leap Home Edition

The above products include, substantially, downloadable digital content made available to you to download one time only.

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 the 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.

  • Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
    • You are an individual purchasing the products from within the United Kingdom, United States of America or any other part of the European Union; and
    • You are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
  • If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement.
  1. Information about us and how to contact us
    • Who we are. We are Sound Training for Reading Limited. We operate under the trading name Lexonik. We are a company registered in England and Wales. Our company registration number is 6977054 and our registered office is at Lexonik, Boho 4, Gibson House, Cleveland Street, Middlesbrough, United Kingdom, TS2 1AY. Our registered VAT number is 118823901.
    • How to contact us. You can contact us by telephoning our customer service team at +44 1642 424298 or by writing to us at homestudy@lexonik.com or Lexonik, Boho 4, Cleveland Street, Middlesbrough, United Kingdom, TS2 1AY.
    • 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.
  2. Our contract with you
    • 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 products. This might be 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 products or, to the extent that we are to deliver anything to you as part of your order, we are unable to meet a delivery deadline you have specified or anything we are to deliver to you is out of stock.
    • 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.
  3. Our products
    • The products may vary slightly from illustrations. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colors accurately, we cannot guarantee that a device’s display of the colors accurately reflects the color of the products. Your products may vary slightly from those images particularly when printed.
    • Copyright. Materials that are provided to you within a product are copyright Sound Training for Reading Limited and your rights in respect of products purchased are limited accordingly. Materials must not be reproduced save to the extent expressly indicated in any instructions that accompany the product you purchase. We always enforce copyright and will take legal proceedings when our rights are infringed.
  4. Our rights to make changes
    • Minor changes to the products. We may change the products to reflect changes in relevant laws and regulatory requirements arising for example from changes in industry adopted standards applied in production.
    • Updates to digital content. We may update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.
  5. providing the products: Fully downloadable digital content
    • When we provide the digital content element of the products. We will make the digital content available for download by you as soon as we accept your order. The download link will be valid for 28 days.
    • We are not responsible for delays outside our control. If our supply of the digital content 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 minimize 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.
  6. suspending any supply to you
    • Reasons we may suspend the supply of the products to you. We may have to suspend the supply of the products to:
      • deal with technical problems or make minor technical changes;
      • update the products to reflect changes in relevant laws and regulatory requirements;
      • make changes to the products notified by us to you (see clause 5).
    • Your rights if we suspend the supply of the products. We will contact you in advance to tell you we will be suspending supply of the products, unless the problem is urgent or an emergency. If we have to suspend the products for longer than twenty-eight days we will adjust the price or credit back the charge already made pending our ability to deliver when we will recharge again so that you do not pay for the products while their availability is suspended. You may contact us to end the contract for the products if we suspend them, or tell you we are going to suspend them, in each case for a period of more than 28 days and we will refund any sums you have paid if we continue to hold payment.
    • We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 13.2) and you still do not make payment within 5 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.
    • Should you incorrectly advise your card provider that a charge made is disputed. We reserve the right to require reimbursement promptly of on any charge or penalty levied upon us by the charge card provider, PayPal or our Bank in addition to seeking payment for the products purchased.
  7. Your rights to end the contract
    • If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the products repaired or replaced or to get some or all of your money back), see clause 11 if you are a consumer and clause 12 if you are a business.
    • When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of anything you have purchased from us which is substantially provided in digital downloadable form once you have started to download the digital content.
  8. HOW TO END THE CONTRACT WITH US
    • Tell us you want to end the contrac To end the contract with us, please let us know by doing one of the following:
      • Phone or email. Call customer services on +44 1642 424298 or email us at homestudy@lexonik.com Please provide your name, home address, details of the order and, where available, your phone number and email address.
    • 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, by the method you used for payment.
    • When your refund will be made. We will make any refunds due to you as soon as possible.
  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 5 days of us reminding you that payment is due;
      • you do not, within a reasonable time, allow us to deliver anything which we are to deliver to you; or
    • You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for the products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
    • We may withdraw the products. We may write to you to let you know that we are going to stop providing the products.
  10. If there is a problem with the products

How to tell us about problems.

  • If you have any questions or complaints about the products, please contact us. You can telephone our customer service team at +44 1642 424298 or write to us at homestudy@lexonik.com or Lexonik, Boho 4, Cleveland Street, Middlesbrough, United Kingdom, TS2 1AY. Your rights in respect of defective products if you are a consumer
  • If you are a consumer we are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the products. Nothing in these terms will affect your legal rights.

 

Summary of your key legal rights

This is a summary of your key legal rights under UK law. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call +44 3454 04 05 06.

The Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:

a) If your digital content is faulty, you are entitled to redownload the product and we will facilitate that for you.

b) If the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.

c) If you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation.

  1. Your rights in respect of defective products if you are a business
    • If you are a business customer we warrant that on delivery, and for a period of 12 months from the date of delivery (“Warranty Period”), anything we deliver to you shall:
      • conform in all material respects with their description and any relevant specification;
      • be free from material defects in design, material and workmanship;
      • be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
      • be fit for any purpose held out by us.
    • Subject to clause 3, if:
      • you give us notice in writing during the Warranty Period and within a reasonable time of discovery that an item supplied by us does not comply with the warranty set out in clause 12.1;
      • we are given a reasonable opportunity of examining the faulty item; and
      • you return the item if we so request to us at our cost,

we shall, at our option, repair or replace the defective item, or refund the price of the defective item in full.

  • We will not be liable for the failure of anything we supply to comply with the warranty in clause 12.1 if:
    • you make any further use of the supplied item after giving a notice in accordance with clause 12.2.1
    • the defect arose because you failed to follow our oral or written instructions as to the storage or use of the supplied item or (if there are none) good trade practice;
    • you alter the supplied item without our written consent; or
    • the defect arises as a result of fair wear and tear, willful damage, negligence, or abnormal working conditions.
  • Except as provided in this clause 12, we shall have no liability to you in respect of the supplied item’s failure to comply with the warranty set out in clause 12.1.
  • These terms shall apply to any repaired or replacement products supplied by us under clause 12.2.
  1. Price and payment
    • Where to find the price for the products. The price of the products will be the price indicated on the order pages when you placed your order. We take reasonable care to ensure that the price of the products advised to you is correct. However please see clause 13.2 for what happens if we discover an error in the price of the products.
    • What happens if we got the price wrong. It is always possible that, despite our best efforts, the products may be incorrectly priced. We will normally check prices before accepting your order so that, where the products’ correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the products’ correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognized by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of anything we have delivered to you.
    • When you must pay and how you must pay. We accept payment via PayPal. You must pay for the products before you download the digital content.
    • Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
    • We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Royal Bank of Scotland from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
    • What to do if you think an invoice is wrong. If we have invoiced you in respect of any order and you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
  2. Our responsibility for loss or damage suffered by you if you are a consumer
    • We are responsible to you for foreseeable loss and damage caused by us. 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. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
    • 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 as summarized at clause 12.2.
    • When we are liable for damage caused by defective digital content. In the unlikely event that defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice relating to downloadable material and the advice of any other supplier relating in particular to cyber security and to apply before undertaking the download any update offered to you.
    • We are not liable for business losses. If you are a consumer we only supply the products to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 15.
  3. 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;
      • breach of the terms implied by section 12 of the Sale of Goods Act 1979;
      • defective products under the Consumer Protection Act 1987; or
      • any matter in respect of which it would be unlawful for us to exclude or restrict liability.
    • Except to the extent expressly stated in clause 13.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are excluded.
    • Subject to clause 15.1:
      • 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 £500.
  1. How we may use your personal information

How we will use your personal information. We will only use your personal information as set out in our Privacy Policy.

  1. Other important terms
    • We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organization.
    • 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. 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 if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts. Our contracts with overseas customers even if a consumer are governed by Clause 17.8 below.
    • Alternative dispute resolution if you are a consumer. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are a consumer and are not happy with how we have handled any complaint, we will agree with you to have the dispute dealt with as promptly as possible through an appropriate provider of dispute resolution services.
    • Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.