Purchase Terms & Conditions

28th January 2016 (see previous versions of these terms and conditions)

 

Your order for Pearson's Schools and Further Education products and services is subject to the following terms and conditions (unless you have made special arrangements directly with us). These may change from time to time but your order will be subject to the version of the terms and conditions on our website when you place your order. If any of these terms and conditions conflict with the standard terms and conditions printed on the back of your invoice, then these terms and conditions will apply.

 

  1. Your order
  2. Price
  3. Payment
  4. Title and risk (physical goods)
  5. Paperback and hardback versions of books
  6. Cancellation and returns of physical goods
  7. Digital products, e-books and other downloads and online resources including online subscription services
  8. Professional Development and Training 
  9. Credit account customers
  10. General
  11. Specific product terms and conditions
  12. Online dispute resolution

 

1.Your order

We will do our best to fulfil your order but cannot guarantee to do so. If you are ordering from our website, your order is placed and you are committed to pay for it when you press the “Buy Now” button at the end of the checkout process. We will confirm we have received any order you place through our website and we will acknowledge that your order is being processed. However no order is accepted and no contract is created between you and us unless and until we dispatch any physical items to you, or we give you access to any online resources or downloads, or we confirm acceptance of your Event booking.
 
By submitting your order for downloads (such as ebooks), you agree we may process your order and give you access to the downloads as soon as possible.  You may not cancel an order for a download once payment has been confirmed, as this is when the download process starts (see Cancellation for orders of online resources or downloads). We will process your order on receipt, but we do not guarantee immediate response or availability of online resources or downloads. 
 
Please note, our delivery dates for physical goods are only estimates. Please read more about our delivery times


2. Price

Prices are as stated from time to time on our Website and are subject to change without notice.

 
Pearson Education Limited is registered for VAT. Our VAT registration number is GB2785371 21.The price stated on our Website is exclusive of any applicable value added or other sales tax. However, we will show the final price less any applicable discounts and including all delivery costs and the breakdown of any applicable value added tax (VAT) payable with your order on the page before you submit your order and on the invoice you will receive on supply/with the goods or on your digital receipt. Post and packing charges are also indicated separately on the invoice or on your digital receipt.
 
United Kingdom Customers
VAT (Value Added Tax) at the prevailing rate in the UK will be charged where applicable. A breakdown of any VAT charged will be shown on the paper VAT invoice or on your digital receipt.

European Union Customers
For customers throughout the European Union VAT will be applied to your order, where it is legally appropriate for us to do so, and will appear on the paper invoice or on your digital receipt. VAT will be payable at the applicable rate and may vary from country to country. 

If you are registered for VAT within the EU and do not wish to pay the tax on eligible products you will need to inform our Customer Services Department on 01279 623925. Once you have informed us, you are able to order online. The VAT will be quoted in your online order, but your final invoice will have the VAT removed

List of EU territories
Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom and such other countries as may be added from time to time.

Other Customers
For territories outside the European Union, VAT or other sales taxes may be charged where it is legally appropriate for us to do so.

Customs
When ordering goods for delivery overseas you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. 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. Please be aware that you must comply with all laws and regulations of the country in which you are receiving the goods.


3. Payment

All credit/charge card payments are subject to authorisation by the card issuer. If your payment is not authorised, we will cancel your order (and notify you that we have done so) and you must return the goods to us (if you have already received them) at your own expense. The goods remain our property until you have paid for them.
 
In the case of online resources and downloads, including online subscription services, these will only be made available to you once your payment has been authorised, unless we have agreed credit terms with you.
 
We may suspend your access to all or part of any subscription service if you are late with your subscription payments. We may charge you interest on overdue sums at the rate of four per cent (4%) per annum above the prevailing rate of HSBC Bank plc from the relevant date until the date payment is made.
 
Please see section 9 Credit Account Customers if you have an account with us.
 
Any right of set off, deduction or withholding is expressly excluded and all sums due from you shall be paid by you to us free from any deductions, witholdings or set off of any kind.

 

4.Title and Risk (physical goods)

If your order is for delivery outside the UK and the Republic of Ireland, you are solely responsible for the goods from the time they leave our premises and for the importation of those goods into the country of delivery (including arranging for any necessary legal consents and payment of duties or taxes), and we accept no responsibility for any claims arising from such importation.

If your order is for delivery inside the UK and the Republic of Ireland, the risk of loss and/or damage (but not title) to goods supplied by us shall pass to you when they are delivered to you or your nominee and we shall not be liable for the safety of the goods thereafter.

Ownership of all goods shall remain vested in us (and we reserve the right to dispose of the goods) until we have received payment in full of all debts you owe to us.

5.Paperback and Hardback versions of books

We reserve the right to provide a paperback version where no hardback is available, in which case we will charge the paperback price.

If a paperback version is ordered, but is not available, we may send the customer the hardback version at the paperback price.

6.Cancellation and Returns of physical goods

If your are an individual within the EU who is purchasing as a consumer, then you have a right to cancel your contract under the UK Consumer Contracts Regulations. However, we offer an even wider rights of cancellation and return to all purchasers.
 
If for any reason you are not satisfied with your purchase of physical goods, please notify us that you want to cancel your contract and return the items (if you have received them) in their original condition within 30 days from the date of receipt (but no later). You can notify us that you are cancelling your contract by email at customersolutions@pearson.com, setting out your order number and details of the items, or by submitting this cancellation form (form opens in a new window). If we receive your cancellation notification after your items have entered our order system for processing then they will be dispatched to you but you may still return them to us within 30 days of receipt.
 
In the case of CDs, DVDs, videos and any other audio, video, multimedia or software products sold in hard copy form, your right to cancel and return the goods as set out above only applies where such products are unopened and the seal on the goods remains unbroken. We can only accept the return of opened items if they are faulty.
 

Once we have received your returned items (or once you have notified us you are cancelling a contract for goods which are not yet in our order processing system) we will issue a full refund for the price of the item paid by you using the same means of payment as you used for the initial transaction, or supply you with a new one, at your option. If you are an individual in the EU who is purchasing as a consumer and you paid an original delivery charge, then we will also refund our standard delivery charge.  You will have to bear the return postage cost unless the return is the result of our error (including faulty or damaged goods), in which case please contact us on 0845 630 1111 and we will arrange a free of charge collection. Calls cost 3p per minute plus your phone company's access charge.


When returning items, please enclose either (i) a copy of the paper invoice enclosed with the delivery, or (ii) a printout of the online digital receipt. We will not be responsible for any damage or loss in transit and recommend that you use a recorded delivery service.
The package should be securely wrapped and sent to:

Returns
Pearson Distribution Centre
Central Park
Rugby
Warwickshire
CV23 0WB
United Kingdom

If you want to cancel orders for online resources or downloads, please see section 7 below.
 
If you want to cancel orders for events, seminars and conferences, please see section 8 below.
 

7.Digital Products, Ebooks and other downloads, and Online Resources including Subscription Services

 

Pearson offers a range of digital products (such as CD-ROMs), downloads (such as ebooks) and online resources, including online subscription services. These terms and conditions apply to all of them in addition to any specific user, purchase, licence or subscription terms which apply to them and which may be shown in the relevant product description, on the resource itself, at their respective sites or during the order process. If there is a conflict between these terms and conditions and any such specific user, purchase, licence or subscription terms, the specific terms will apply. Please note that our digital and online resources and downloads may include security technology to ensure they may only be used in accordance with the specific licences granted for those resources. Some online resources and downloads are offered in different versions or as a menu consisting of components that you may select, the prices and conditions for which are set out in their specific terms. In the event that you require us to provide any additional training and/or consultations or additional content packages, you agree to pay for them at our then current rates and on our then current terms and conditions.

You are responsible for all hardware, software, network availability and Internet connectivity required to access and/or use digital and online resources and downloads. We will provide you with a specification of the hardware and software required to use such a product on request.

 
a) Cancellation of orders for online resources or downloads

Online resources: You may cancel for a full refund any order for online resources within 30 days after you pay for them. If you want to cancel your contract, please notify us by email at digital.orders@pearson.com, setting out your order number and details of the cancelled items, or by submitting this cancellation form (form opens in a new window). Once you have cancelled you will have no further access to the online resource.

Downloads (e.g. ebooks): You may not cancel an order for a download once payment has been confirmed, as this is when the download process starts.

b) Faulty downloads

You may return a download if it is defective. If you are unable to complete the download process or wish us to provide a replacement for a file that is defective please contact our helpdesk and, where this is due to our default, we will replace or refund the download.

c) Duration of Subscriptions and Licences

Access to our online resources may be provided on a subscription basis, or for a fixed licence period. Please refer to the description of the individual resources for detail of the duration of access, and whether any subscription will automatically renew.

Sometime before the expiry of your subscription or licence period, we will contact you. If you have purchased an annual subscription which automatically renews, then it will automatically extend for a further 12 months at the end of each period. If you want to cancel your subscription you must notify us at digital.orders@pearson.com at least 30 days before the new period begins. You may not cancel part way through a subscription year. Services with a fixed licence period will come to an end when the licence period expires, unless you tell us to renew.

Each individual subscription is for use only by the person(s) or organisation (and its staff and pupils) specified on the order form and may not be shared with anyone else.

d) Discontinuation of Service

We may decide to discontinue any online service or any part of it at any time. If we decide to discontinue an online service, we will notify you and will terminate your contract for that service with 30 days’ notice. In that event, we may offer you a pro rata refund for any remaining subscription or licence period or access to a replacement resource for the remaining period.

e) Permissible Uses
The following terms apply to digital products, online resources and downloads unless otherwise specified in the individual terms of supply or user terms:

YOU MAY

  • Download a product if you purchase the right to do so. Please note, we do not guarantee the continued availability of our download products.  It is your responsibility to look after your download product and you may want to back it up as it might not be available for subsequent download.
  • Use (load into temporary memory or permanent storage) a single copy of the product on only one device at a time. If this device is linked to a network then the product may only be installed in a manner such that it is not accessible to other machines on the network (unless you have purchased a network licence).
  • Transfer the product from one device to another provided that you only use it on one device at a time unless you have purchased an e-book product which has a licence limited for use on a single device, or you have purchased a product which has a licence allowing use on more than one device at a time.

 

YOU MAY NOT

  • Re-sell, distribute, forward, rent or lease the product or any part of it
  • Copy any part of the product, except where specifically indicated otherwise or for back-up purposes
  • Reverse engineer, decompile or disassemble the product or convert it into any other format or medium
  • Use the product on more than the permitted number of devices at a time
  • Make changes to the content of any product except where we expressly allow you to do so, and then only to the extent that we have permitted
  • Bypass, modify, defeat or circumvent security features that protect our digital products, ebooks or online resources.

    All content and software supplied to you by us is our property or that of our affiliates or of third parties who have granted us rights and is protected by United Kingdom and international copyright laws. If you purchase digital products which are physical goods (such as CD-ROMs) you will only own any disk on which the software and content is supplied.

 

8. Professional Development and Training

In this Section we use the word “Events” to mean any professional development or other training service that we may schedule at a fixed time and with one or more facilitators or trainers provided by us, at your school or another venue or live online.

a) Transfers

We may allow you to substitute at no additional charge a delegate onto an Event for which we are providing the venue, upon reasonable notification to us and at our absolute discretion.

b) Non-attendance

If you do not attend an Event for which we are providing the venue, the full fee remains payable.

c) Cancellation by you

You may cancel your purchase at any time within 14 calendar days of placing your order except that we will NOT accept any cancellations less than 10 days before an Event. If you wish to cancel, please send us the contact details you provided as part of the purchase process. We will not make any refunds if you cancel 15 or more calendar days after purchasing an Event, or if the Event falls within 10 days of the date you cancel.Please note that if you are requesting a change to the date of a confirmed in-house Event to be delivered at a venue provided by you less than 10 days before the Event then cancellation charges up to a maximum of the value of the total original fee may apply at our absolute discretion in addition to the fee for the re-arranged Event. 

d) Unforeseen Circumstances; cancellation and rescheduling by us

Events are subject to cancellation or rescheduling at our discretion. If the Event is cancelled by us, we will credit any Event fees paid by you as soon as possible. 

If the time, date, venue or content of the Event is changed by us subsequent to your booking then we will notify you (using the contact details you provided as part of the booking process), in which case: 

- if we are providing the venue for the Event, you will then have 3 business days to tell us if you wish to cancel your booking for a full refund. If we do not hear from you within those 3 business days your booking will remain in place for the new time/date/venue and you may not subsequently claim a refund. 

- if you are providing the venue for the Event, we will try to reschedule the Event, but if we cannot identify a mutually convenient date and time we will cancel your booking with a full refund. 

 We shall not be liable for any additional loss or damage resulting from such cancellation or changes. 

e) Your obligation to communicate with us when scheduling Events at a venue provided by you

If you book an Event which is to be held at a venue that you will provide (such as your school, college or work premises), but you do not agree a date with us within 365 days of making your purchase, then we are not obliged to deliver the Event or to offer a refund. When arranging an in-house Event we will communicate with you using the contact details you provided at the point of purchase. We can only schedule an in-house Event at a mutually convenient time and date if you respond promptly when we correspond with you. If you have not responded after we have made three attempts at contacting you using the contact details you provided, whether using email, telephone, letter or some other means of communication, then we are not obliged to make further attempts to contact you and the paragraph above may apply.

f) Training Materials

Pearson and its licensors own all copyright and all other intellectual property rights in all training materials provided in connection with an Event. You agree not to reproduce, sell, hire or copy such training materials (in whole or in part) and not to use such materials except for the purposes of post-Event reference.

Personal belongings or other items brought with you to Events are at your own risk and we accept no responsibility in relation to their loss or damage, whether at our premises or otherwise.

g) Dietary requirements and accessibility

Our ability to meet dietary requirements at Events for which we are providing the food is subject to availability at venues. We can only forward dietary requirements to the venues where bookings are received at least 14 days before the Event date.

You are responsible for informing us of any disability access requirements any of your delegates may have. We will pass these on to the venue concerned. However, we are not liable if any individual is unable to access the venue premises for any reason.

9.Credit Account Customers

(a) If we agree to open a credit account for you, we may set and vary credit limits for any account and may refuse to supply any order which causes the account to exceed the current credit limit. We may also withhold supplies if the customer is in breach of these terms and conditions or fails to make any payment by the due date.
 
(b) Unless otherwise agreed in writing, the customer shall pay the total amount stated on the invoice by the date for payment stated on the invoice. Payment shall be in pounds sterling drawn on a bank based in the UK. We may charge interest on overdue sums at the rate of four per cent (4%) per annum above the prevailing rate of HSBC Bank plc from the relevant due date until the date payment is made and shall be entitled to recover from the customer all expenses (including legal costs) incurred in enforcing payment. 

10.General

Although we take every care to ensure accuracy, we make no warranties as to the accuracy of the information we place on our web pages.

We do not make any representation or give any warranty or undertaking as to the quality of the goods/services we offer, their correspondence with description or fitness for purpose, or that the goods/services are not defamatory, injurious, obscene or unlawful, or that any trade marks or copyright used on or in connection with the goods/services do not infringe any intellectual property rights not owned by us.

In the case of software or other online or downloadable digital resources, we do not make any representation or give any warranty or undertaking that the functions of such resource meet your requirements or that the media is compatible with any computer system on which it is used or that the operation of the software will be unlimited or error-free. In no event shall we be liable for any damages whatsoever arising out of the installation of such product. You are responsible for selecting the product to achieve your intended results and for the installation, use of and results obtained from that product.

We supply our products and services for personal and/or educational use only. As far as is permitted by law, we exclude all implied warranties, conditions or other terms and we will not be liable for (a) losses that were not caused by our breach, (b) any business loss (including loss of profits, business, revenue, contracts, data, goodwill, anticipated savings or wasted expenditure), or (c) any special, indirect or consequential loss, howsoever caused. Notwithstanding anything to the contrary contained in these terms and conditions, Pearson’s liability to you for any cause whatsoever, and regardless of the form of the action, will be limited to the value of the goods or services ordered by you in the relevant transaction, however nothing in these terms and conditions shall exclude or limit our liability for death or personal injury as a result of our negligence, liability for our fraud, or any other liability that we cannot exclude by law.

We will have no liability to you for any delay or failure to deliver goods or services you have ordered or for any damage or defect to services or goods delivered that is caused by any event or circumstance beyond our reasonable control.

If for any reason part of these terms and conditions is unenforceable, the validity of the remaining terms and conditions shall not be affected.

You must not remove or amend any trade mark, copyright or other proprietary notice on any of our products. You acknowledge that all rights in and to any and all copyrights, know how and other intellectual property rights relating to our products are and shall remain our property. You will not at any time do, or cause to be done, any act or thing which impairs or infringes those rights.

These terms and conditions and all contracts under these terms and conditions are governed by and shall be construed in accordance with the laws of England and all disputes shall be submitted to the exclusive jurisdiction of the English courts.

We reserve the right to terminate any contract formed under these terms and conditions immediately by written notice and to take action to recover damages suffered by us if you breach any of these provisions.

If you wish to contact us (other than for returning goods, in which case you should use the Returns address above in section 6, Cancellation and Returns of physical goods), our address is Pearson Education Limited, Halley Court, Jordan Hill, Oxford, OX2 8EJ or you can telephone Customer Services on 0845 630 1111 (Calls cost 3p per minute plus your phone company's access charge) or e-mail websitesupport@pearson.com

Our registered office address is: 
Pearson Education Limited
80 Strand
London
WC2R 0RL 

Pearson Education Limited is a company registered in England and Wales under number 872828.VAT Number GB 278 53 71 21.
 

11.Specific Product terms and conditions

In addition to the above terms and conditions, you may not copy any part or the whole of sample materials for the following titles:
 
Leopard Adventures Anthony McGowan 9780435149383
Gods and Warriors Michelle Paver 9780435149390 
 
Please see below for specific licence and subscription terms which apply to our online resources. These will open in a new window.
 
Abacus
Abacus for international customers
Abacus: The Zone Tiered
Abacus Evolve: The Zone
Abacus iPlanner
Abacus iPlanner for international customers
Abacus iPlanner by schools size
ActiveBooks
ActiveLearn Digital Service (from Jan 2015 onwards) - which includes Homework, Practice and Support, and Teaching Services.
ActiveLearn (pre-Jan 2015)
ActiveLearn MFL (pre-Jan 2015)
ActiveTeach on auto-renewal (pre-Jan 2015)
ActiveTeach  (pre-Jan 2015)
Bug Club purchased before May 2012
Bug Club for international customers
Bug Club by school size (purchased after May 2012
Exclusif
Exclusiva
Heinemann Active Maths for Northern Ireland
Heinemann Active Maths for Scotland
HN elearning - students
HN elearning - tutors
Knowledge Box Select
Maths Made Easy
New Windmills ActiveLearn (pre-Jan 2015)
New Windmills ActiveLearn single (pre-Jan 2015)
New Windmills ActiveTeach (pre-Jan 2015)
Phonics Bug
Phonics Bug for international customers
Rapid
Rapid Plus
Rapid Plus auto-renew
Rapid Phonics
Resource Gateway
Skills for Writing ActiveLearn (pre-Jan 2015)
Skills for Writing ActiveTeach (pre-Jan 2015)
SNAB
Spelling and Grammar Bug for international customers
Think Future
Wordsmith
Wordsmith for international customers
 
 

12.Online dispute resolution

If you have a complaint in relation to goods or services you have purchased online, please email customersolutions@pearson.com 

If your complaint remains unresolved, subject to the above terms and conditions, please visit ODR on the European Commission’s website, which provides further information to consumers about Online Dispute Resolution and the ODR platform.


 
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