Terms and Conditions of Sale
of Goods and Services
Please read the following carefully. By ordering products or booking services you
are agreeing to following terms and conditions. If you have any questions, please
contact us.
- Introduction
- These terms and conditions govern the sales of goods and services by Down Syndrome
Education USA, a nonprofit corporation, incorporated in
California, USA, and exempt from US Federal income tax under
section 501(c)(3) of the Internal Revenue Code. Down Syndrome
Education USA's registered office is 1451 Quail Street, Suite
104, Newport Beach, California 92660, USA.
- Contracting party
- Any contract for the purchase of goods or services will be with
Down Syndrome Education USA.
- Contact acceptance and payment
- Our acceptance of your order brings into existence a legally binding contract between
us on these terms. Any term sought to be imposed by you in your order will not form
part of the contract.
- Contracts and payments for the supply of goods are accepted as follows:
- We must receive payment of the whole of the price for the goods that you order,
and any applicable delivery charges, before your order can be accepted, and the
contract formed.
- Credit card payments for goods ordered online or by telephone are not taken until
the point of dispatch of the goods to you. We will wait to confirm the clearance
of funds from other forms of payment (cheques, bank transfers,
etc.)
prior to dispatch. If you buy from us in person you will be charged at the time
you place your order.
- Your order for goods is an offer to buy from us. Nothing that we do or say will
amount to any acceptance of that offer until we actually despatch goods to you,
at which point a contract will be made between us. At any point up until then we
may decline to supply an item to you. Where items are despatched separately, our
acceptance of the order in respect of each item takes place when that item is dispatched.
- Contracts and payments for the supply of contract training and consulting services
(those that are supplied on a bespoke or individual basis) are accepted as follows:
- Contract training and consulting services are offered as specified in our Training
and Consulting Services Booking Agreement that will be provided to you on request
of a booking.
- To accept an offer to supply training and consulting services, you must sign and
return the Training and Consulting Services Booking Agreement along with an due
payments.
- Except where other terms have been explicitly agreed, payments in respect of training
and consulting services are required as follows:
- On receipt of signed Booking Agreement: 20% of all invoiced fees and expenses.
- On or before 90 days prior to the first date of supply of services: 30% of all
invoiced fees and expenses.
- On or before 60 days prior to the first date of supply of services: 30% of all invoiced
fees and expenses.
- On or before 30 days prior to the first date of supply of services: 20% of all invoiced
fees and expenses.
- Within 14 days of invoice: all additional fees and expenses invoiced on or after
the event.
- Nothing that we do or say will amount to any acceptance of an offer to supply training
and consulting services until we have received a signed Booking Agreement and due
payments (authorised credit card payment or cleared funds from a cheque or bank
transfer), at which point a contract will be made between us. At any point up until
then we may decline to supply any offered services.
- Offers to supply services on specific dates are made in good faith and we will endeavour
to hold open options for you for up to 2 weeks. However, we reserve the right to
accept alternative bookings and cannot commit to availability on specific dates
until we confirm that a contract is concluded.
- Contracts and payments for the supply of delegate places at hosted conferences and
seminars are accepted as follows:
- Except where other terms have been explicitly agreed, we must receive payment of
the whole of the price for the delegate places that you order, and any applicable
accommodation charges, before your order can be accepted, and the contract formed.
- Credit card payments for delegate places will be taken at the time of ordering.
We will confirm clearance of funds receivable from other forms of payment (cheques
and bank transfers) prior to confirmation of booking.
- Your order for delegate places and/or accommodation at hosted conferences and seminars
is an offer to buy from us. Nothing that we do or say will amount to any acceptance
of that offer until we actually confirm your booking, at which point a contract
will be made between us. At any point up until then we may decline to supply delegate
places and/or accommodation to you.
- If we decline to supply goods or services to you and you have already paid for them,
we will give you a full refund of any amount already paid in respect of the goods
or services.
- Descriptions, prices and product information
- We provide information about our products and services on our web sites, and in
our leaflets and brochures. We have taken care to describe and show items as accurately
as possible. Despite this, slight variations may occur.
- Every effort is made to ensure that prices shown for products and services are correct
at the time leaflets and brochures go to print and when the details are posted on
our web sites. Prices in brochures and leaflets may go out of date. Prices on our
online store (http://store.downsedusa.org/) are regularly updated. If there is a difference between the price for a product
or service in a brochure or leaflet and the prices shown on our web sites, you will
be charged the price on the online shop.
- If, by mistake, we have under-priced a product or service, we will not be liable
to supply it to you at the stated price, provided that we notify you before we despatch
the product or confirm booking of the service. If we have we have under-priced a
product or service, we will notify the correct price to you so you can decide whether
or not you wish to order it at that price. If you decide not to order it, we will
give you a full refund on any amount already paid for that item.
- All prices are expressed exclusive of any sales tax due unless otherwise
stated. The prices of physical products do not include delivery charges, which will
depend on the delivery method you choose. The rate applicable for the delivery charge
will be calculated at the date you place your order.
- California Sales Tax will be charged as required by prevailing regulations. Currently,
Sales Tax is due on tangible products supplied to locations within
California.
- Special offers
- Multi-buy offers exclude postage and packing and apply to specified products only,
which are subject to change and availability.
- If you choose to purchase a product from a multi-buy offer, but do not purchase
enough products to qualify for the special discount, the product will be charged
at the normal price. Please note that on 3 for 2 promotions (and other multi-buy
offers), the lowest priced title will always be the 'free' item.
- Customs charges
- If you are ordering goods for delivery outside of the USA, please note
that your consignment may be subject to import duties and taxes, which are levied
once the goods reach the country of destination.
- Any such charges levied in relation to customs clearance must be borne by you.
- It is accepted by you that we have no control over additional charges in relation
to customs clearance. We recommend that you check with your local customs officials
or post office for more information regarding importation taxes/duties that may
be applicable to your order.
- Availability of products
- We try to ensure that we always stock the full product range. If an item is out
of stock it will usually be labelled out of stock on online shop. Currently, technical
limitations mean that there can be a short delay between the sale of an item and
the update of stock availability on the web site, so it is possible for the web
site to briefly indicate incorrectly that a product is available. If you order from
us by phone or in person you will be told if the item is in stock.
- If you wish to confirm stock availability or the likely delay in obtaining an item
that is out of stock, please contact us.
- To ensure general availability for all customers, customers may be requested to
accept a delay in delivery for particularly large orders.
- If for any other reason beyond our reasonable control we are unable to supply a
particular item, we will not be liable to you except to ensure that you are not
charged for that item.
- Delivery of goods
- Delivery will be made to the address specified when you complete the order. We use
a variety of delivery methods, depending on the weight and size of the item you
order, the destination and the speed with which you wish to receive it.
- We aim to dispatch orders within 2 business days of receipt, subject to payment.
Delivery times depend on the shipping service selected.
- We will contact you to let you know if we are having any problems getting an item
to you within our usual order processing and delivery times.
- Sometimes a signature is required at delivery. By placing an order you are authorising
us to accept signature from another person on your behalf if you need to sign for
an item and you are not present at the time of delivery. For some shipments that
do not require a signature at delivery you may be able to give instructions explaining
if and where you would like the item to be left if no one is present at the time
of delivery, such as with a neighbour.
- Ownership of an item will not pass to you until we have delivered the item to you
(either directly, or by leaving it in a safe place or with a neighbour). When an
item is delivered, risk of damage to or loss of the item passes to you.
- Notification of delivery problems
- We will not be liable for failed or incorrect deliveries, or for damaged or defective
goods unless:
- You notify us of incorrect, damaged or defective goods within 21 days of delivery.
- You notify us of non-delivery within 21 days of the date on which the goods were
dispatched (28 days for goods dispatched to addresses outside the
USA).
- If you notify us of a delivery problem, we will either make good any shortage or
non-delivery, replace or repair any goods that are damaged or defective, or refund
to you the amount paid.
- We will not be liable to you for any indirect or consequential loss or damage arising
out of any delivery problem and we shall have no liability to pay any money to you
by way of compensation other than to refund to you the amount paid by you for the
goods in question.
- Nothing in this condition is, however, intended to limit any rights you might have
as a consumer under applicable local law that may not be excluded nor in any way
to exclude or limit our liability to you for any death or personal injury resulting
from our negligence.
- Product returns policy
- Our standard 21 days product returns policy applies to all customers (personal,
education institutions, nonprofit and business organisations) in all locations.
- We hope that you will be delighted with our products. If for any reason you are
not entirely satisfied with your purchase of products from us, you can return it
to us in its original condition within 21 days of the date you received the item(s),
unopened (with any seals and shrink-wrap intact) and we will issue a full refund
for the price you paid for the item.
- We can only accept the return of opened items if they are faulty.
- This returns policy does not affect your statutory rights.
- Cancellation of contract training and consulting bookings
- To cancel booked contract training or consulting services, please
contact us.
- We will refund all fees received in respect of cancelled training and consulting
services subject to the following cancellation charges:
- For bookings cancelled on or before 120 days prior to the first date of supply of
services: 20% of all invoiced fees.
- For bookings cancelled on or before 60 days prior to the first date of supply of
services: 40% of all invoiced fees.
- For bookings cancelled on or before 30 days prior to the first date of supply of
services: 60% of all invoiced fees.
- For bookings cancelled with less than 30 days notice: 100% of all invoiced fees.
- We will refund any expense payments made in advance of an expense being incurred
or where a refund can be obtained in relation to the particular expense.
- Cancellation of conference delegate bookings
- To cancel booked contract training or consulting services, please contact our booking
agent.
- We will refund all delegate fees received in respect of cancelled delegate places
at hosted conferences and seminars subject to the following cancellation charges:
- For bookings cancelled on or before 120 days prior to the first date of supply of
services: 20% of fees.
- For bookings cancelled on or before 60 days prior to the first date of supply of
services: 40% of fees.
- For bookings cancelled on or before 30 days prior to the first date of supply of
services: 60% of fees.
- For bookings cancelled with less than 30 days notice: 100% of all invoiced fees.
- Refunds of accommodation charges in relation to cancelled delegate places at hosted
conferences and seminars will be dependent on the booking terms and conditions of
the venue supplying the accommodation. These will be provided at the time of booking.
- Refund policy
- If you are entitled to a refund, we will refund you as follows: If you paid by cash
and obtain your refund in person, we will refund you in cash up to a limit of
$100;
for all other refunds of cash purchases, we will send you a check; if you paid
by payment card, we will refund you on the payment card; if you paid using a discount
voucher, we will provide an equivalent discount voucher.
- Disclaimers and Limitation of Liability
- Whilst every effort has been made to ensure the high quality and accuracy of the
information and guidance provided through our products and services, we make no
warranty, express or implied concerning our products or services.
- To the extent permitted by law, we exclude all representations and warranties (whether
express or implied by law), including the implied warranties of satisfactory quality,
fitness for a particular purpose, non-infringement and accuracy.
- Nothing in these terms limits or excludes the liability of Down Syndrome Education
USA for death or personal injury caused by their proven negligence.
Subject to the previous sentence, we shall not be liable for any of the following
losses or damage (whether such damage or losses were foreseen, foreseeable, known
or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c)
loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation;
(f) losses suffered by third parties; or (g) any indirect, consequential, special
or exemplary damages arising from the use of our products and/or services regardless
of the form of action.
- In no event will any liability of Down Syndrome Education
USA, their
affiliates, agents and licensors to you (and/or any third party) arising out of
any kind of legal claim (whether in contract, tort, or otherwise) in any way connected
with the supply of products or services or breach of these terms and conditions
by us exceed the amount, if any, paid by you to us in respect of the particular
service to which the claim relates.
- Upon our request, you agree to defend, indemnify and hold harmless Down Syndrome
Education USA from any claims and expenses, including reasonable
legal fees, related to any breach of these terms and conditions by you.
- Force Majeure
- We will not be liable or deemed to be in default for any delay or failure in performance
or interruption of the delivery of goods and/or services resulting directly or indirectly
from any cause or circumstance beyond its or their reasonable control, including
but not limited to failure of electronic or mechanical equipment or communication
lines, telephone or other interconnect problems, computer viruses, unauthorised
access, theft, operator errors, severe weather, earthquakes or natural disasters,
strikes or other labour problems, wars, or governmental restrictions.
- Assignment
- This agreement is personal to you and your rights and obligations under these terms
and conditions may not be assigned, sub-licensed or otherwise transferred.
- Non-waiver
- The failure or delay of Down Syndrome Education USA to exercise
or enforce any right in these terms does not waive their right to enforce that right.
- Severability/Survival
- If any of these terms are determined to be illegal, invalid or otherwise unenforceable
by reason of the laws of any state or country in which these terms are intended
to be effective, then to the extent and within the jurisdiction in which that term
is illegal, invalid or unenforceable, it shall be severed and deleted from these
terms and the remaining terms shall survive and continue to be binding and enforceable.
- Statute of Limitations
- Any cause of action of yours with respect to these terms and conditions must be
filed in a court of competent jurisdiction in California,
USA, within six months after
the cause of action has arisen, or such cause will be barred, invalid, and void.
- No class actions
- You agree no claim subject to these terms and conditions may
be brought as a class action.
- Governing Law and Jurisdiction
- These terms and conditions shall be governed by, and construed in accordance with
the laws of the State of California. The parties irrevocably agree that the courts of
California shall (subject
to the paragraph below) have exclusive jurisdiction to settle any dispute which
may arise out of, under, or in connection with these terms and conditions or the
legal relationship established by them, and for those purposes irrevocably submit
all disputes to the jurisdiction of the Californian courts.
- For the exclusive benefit of Down Syndrome Education USA, we retain
the right to bring proceedings as to the substance of the matter in the courts of
the country of your residence or, where these terms and conditions are entered into
in the course of your trade or profession, the country of your principal place of
business.
If you have any questions about these terms and conditions, please email
sales@downsedusa.org or write to:
Down Syndrome Education USA
1451 Quail Street, Suite 104
Newport Beach, CA 92660-2747
USA
These terms and conditions were last updated on August 6, 2009. The latest version
can be found at
http://www.downsedusa.org/en/us/terms-of-sale/