Terms & Conditions

Consumer contracts

Contract cancellation under the Consumer Contract Regulations applicable to those customers whom fall within the remit and law of the consumer contract regulations June 2014.
The regulations are amended as per the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations
Consumer contract regulations selling regulations cover consumer transactions and not Business to business transactions.

You are entitled to cancel this contract if you so wish provided that you exercise your right and notify us no longer than 14 calendar days in writing.

If you wish to exercise your right to cancel this contract after your order has already been dispatched, we will refund the original purchase price and standard delivery charge, provided that you have notified us in writing no longer than 14 days after the day on which you receive the order, and that you have taken reasonable care of the products and not used them.
Please note performing a charge back is not an acceptable cancellation or escalation process, any charge back undertaken outside of the schemes remit of failure to deliver goods, or damaged goods will incur a charge back processing fee of £75.00 plus VAT plus interest chargeable at 8%
All complaints should be raised in accordance with the sales of goods act or the consumer contract regulations and raised in writing and follow the pre action protocol prior to any chargeback,should a chargeback be raised which is not inline with the terms and conditions we will pursue all legal remedy to recover those funds and legal costs.
Please also note the consumer contract regulations state we must refund standard postage costs and cannot refund other enhanced postal services such as express delivery or one hour slots or any other named enhanced delivery service which has been requested or paid for.

The right to cancel does not apply to the following kind of contracts:
• Contracts for the supply of goods that are made to the consumer’s specifications or are clearly personalised.
• Contracts for the supply of goods which are liable to deteriorate or expire rapidly.
• Contracts for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
• Contracts for the supply of goods which are, after delivery, according to their nature, inseparably mixed with other items.
• Contracts for the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery.

In addition to the Consumer Contract Regulations, Consumers can return any item within 14 days of receipt for an exchange.

For returns made outside the Consumer Contract Regulations, we will refund the value of the goods returned to us, at the price you purchased them.

In all cases, the items returned must be in their original condition, complete with any instruction booklets, software and packaging. All goods will be inspected on return. Certain products and services are excluded from this returns policy, including perishable items, personalised products or those made to order. These items cannot be returned for a refund unless faulty.Custom made items may have extended delivery time frames and may exceed advertised delivery time scales if circumstances beyond our control dictate extended delivery time frames.

Sensory Education will refund the cost of your original standard delivery fee where we are at fault, however for unwanted items we shall not refund the original delivery fee unless you contact us within 14 days starting the day after receipt of the item when distance selling regulations apply.
Where you are cancelling your order within this cooling-off period we will refund the cost of the item and the standard delivery cost of sending the item to you please note the return costs are payable by the customer and the risk of delivery remains with the customer until the goods are delivered and inspected for damage,Any liability for damage or loss remains between the customer and the courier company they choose to engage.

If outside of the consumer contract regulations the following may apply:

where you are returning an item that was part of a larger order, we will return the cost of the returned item.
where you are returning your entire order we will refund the cost of the goods.
where we arrange to collect an item from you we reserve the right to charge the cost of collection which will be advised to you in advance of the collection so you can agree or arrange to send the parcel at your own expense.
if you use our FREEPOST address and the item is not faulty, we will deduct the return postage cost from your refund,this is chargeable at £9.99.

We will not refund the cost of gift-wrapping, your costs in returning the item to us and other services provided to you in connection with your purchase (eg. Express Delivery) unless you are returning the item to us because of an error on our part (or because it is defective) or if you have contacted us within 14 calendar days

"We will make the reimbursement without undue delay, and not later than –
(a) 14 days after the day we receive back from you any goods supplied, or
(b) (if earlier) 14 days after the day you provide evidence that you have returned the goods, or
(c) if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. "

The goods are your responsibility until they reach our Warehouse. Please ensure you package your items carefully to prevent any damage to the items or boxes. We are not responsible for any items that are returned to us in error or which arrive damaged or broken.

We recommend you use a secure delivery method which requires a signature upon receipt (such as Royal Mail First Class Recorded Delivery) and which insures you for the cost of the items being returned, as in the rare event of the parcel going missing you are responsible for the returned products until they reach us.

Should the parcel reach us and the items are damaged we will store them for 7 days for you to arrange collection,if after this time frame the items remain with us we will discard of the item at cost of £15 plus VAT or should you wish to store the item this is chargeable at £12 per parcel per day.

The above does not affect your statutory rights.
Any item that was faulty at the point of sale may be returned for free repair, replacement or refund, provided you have the original receipt or alternative proof of purchase and the faulty item is returned complete with all components.

For items to be returned more than six months after the time of purchase the same above applies but in addition, evidence of fault at the time of sale will be required.

Please also note damaged goods such as breakages or items which have been broken through play would not be deemed as having an inherent manufacturing fault and as such damages are not treated as being faulty.
Any returned items will be replaced or refunded where required and if a free post label is supplied this is for the sole purpose of the faulty or incorrect item reported, any other items must be returned at the customers cost and unauthorised use of free returns postage will incur an admin fee of £9.99 plus the cost of postage.

It is also worth noting that whilst we provide educational and sensory toys not all toys are suitable for every type of special need and it is your responsibility when ordering to determine if the item would suit the need to which you are purchasing. For example a 59 pence fidget toy would not withstand rigorous and aggressive pulling and stretching so please consider your needs when purchasing.

Business to Business Contracts

For the purpose of contract you are deemed a business customer if you are:

Any corporate body,educational establishment,hospital,health authority,government or local government body,charity,school,NHS,Customer,or any other business type or have made a purchase with the intent to sell or fund-raise or use within a business or commercial setting or educational or health care setting and any other person for whom a trade account has been granted or goods purchased in a company name and identified themselves as a company on the order form when processing the order.

When placing an order with Sensory Education as a business customer you do so on the basis that you have authority to order and this authority has been provided to you by a manager or finance officer within your organisation, if you place an order and this authority is not given and the goods have been dispatched the cost of the goods will be charged to you as an individual if your company or organisation refuse payment.When placing an order on behalf of an organisation you agree that you have relevant permission and authority to grant us usage of your organisation's logo in our marketing profile and database for both marketing purposes and our internal systems for market research purposes.

Business customer are exempt from the consumer distance selling regulations and cancellations are discretionary and where granted subject to a restocking fee of 50% and deduction of outbound postage of £9.99 per parcel, any remaining credit will be credited as a credit note to spend with us.

Please also note bulk orders ordered on behalf of a business may have extended delivery time scales.

Cancellations on custom made items or items made to order will not be accepted for return and time frames for custom made items may exceed standard and advertised delivery time frames.

Any request to cancel must be made in writing to our head office and quote the order number and be signed by the person who made the original order, once this has been requested we will review and advise.

Please note any delivery time frames are approximate and may change,we will inform you of changes, a change in delivery date once set is continued performance of contract and the contract date will roll on until point of delivery.

All monies owing to the supplier maybe subject to immediate payment upon request.
In the event monies are outstanding after your invoice date we may charge a late payment fee broken down as follows (As per UK LAW The late payment of commercial debts act)
The compensation rates are set under UK law as follows:

£40 for a debt less than £1,000;
£70 for a debt between £1,000 and £10,000
£100 for a debt of £10,000 or more

The statutory interest rate payable under the Late Payment of Commercial Debts Regulations 2013 ("Regulations") , will mean that interest is charged at 8% above Bank of England Base rate in addition to the above late payment charges

Should monies remain outstanding after invoice date we reserve the right to withdraw future credit agreements from the business and any sums owed will be repayable on demand.
All local authority and governments are able to apply for purchase invoice payments and charities and other businesses may apply but maybe subject to a credit check.
Please note all school and charity orders sent on a invoiced basis are to be paid by BACS or Cheque by the invoice due date, card payments made after delivery incur a charge of 3.5% plus £0.40 pence per transaction if settling an invoice after delivery.
Please note any amendments to invoices such as billing address after an invoice has been issued may incur a £15 admin fee for the work undertaken.
Cancelled or bounced cheques will incur a Rejected Payment charge of £55.00.
Any credit notes raised will remain on file for payment of current and future invoices and cannot be transferred for cash.

Please note business customers who wish to place an order using a purchase order and pay using invoice and be offered credit terms are subject to the our minimum order value as follows:
£10 goods value plus £3.95 standard postage costs,if an order falls below that value we will charge a small order surcharge to make the value of the invoice meet the requirements of our minimum spend.
Product warranties on B2B contracts for commercial grade items are repair or replace only.

Products which are not listed as commercial grade and are used in a commercial environment may invalidate the warranty.

Delivery

Delivery charges will be applied at checkout. These charges are subject to change at any time prior to submission of your Order.
Standard Delivery: Orders of stocked items, excluding Direct Delivery from the manufacturer, will be delivered in the timeframe stated on our site, which is typically from between 2 to 5 working days.
Direct Delivery: Orders of items that are dispatched directly from the manufacturer. Delivery dates are dependent upon the manufacturer. Please refer to the product listing for a product specific estimate of delivery. Please allow extra time for deliveries to the AB, BT, DD, FK, GY, HS, IM, IV, JE, KA, KW, PA, PH, TD, TR, ZE postcodes.Delivery at peak times may vary. All of these estimates are dependent on us/our manufacturers having the relevant Goods in stock at the time of your Order.
Bulk deliveries are Kerbside delivery only- Kerbside delivery means that items will be delivered to the nearest kerbside at the address specified.
Our freight drivers will position their vehicle as close as possible to the delivery address and unload the palletised goods into a spot on the kerbside that is safe and keeps the pallet secure. This is to ensure the safety of the driver, the customer and the general public.
Delivery of the Order shall be completed (not including the transfer of title in the Goods) when we (or the manufacturer in the case of Direct Delivery) deliver the Goods to you or a person identified by you to receive the Goods.
- We will take reasonable steps to meet any estimated delivery date. However delivery times cannot be guaranteed, for example occasionally delivery may be affected by factors beyond our control.
- If we fail to deliver the Goods to you by any estimated delivery date, we ask that you notify us as soon as you can and preferably within 14 days of the estimated date for delivery. If we fail to deliver to you by the expected delivery date (which may change from the initial delivery date) or otherwise within 30 days of your Order, you must then notify us within 14 days of either the expected delivery date or the end of those 30 days (as applicable). Any claim that is made after the 14 day period may not be accepted and should a replacement proof of delivery be requested this will incur charges of £15 Plus VAT for each parcel trace undertaken should the proof of delivery confirm succesful delivery.
If we are not able to deliver the whole of the Order at one time due to operational reasons or shortage of stock, we may seek to deliver the Order in installments. We will not charge you extra delivery costs for this.
If you ask us to deliver the Order in installments, we may charge you extra delivery costs,by placing your Order, you recognise that we are entitled to deliver your Order in installments, unless we have agreed previously not to or that time for delivery is of the essence, or the Order is of such nature that it cannot reasonably be divided into installments.
Each installment shall constitute a separate contract. If we are late delivering an installment or one consignment is faulty, that will not entitle you to cancel or take any other actions against any other installments.
Should a bundle kit deal be returned or encounter a failed delivery or return a partial refund will be made against the kit.

Business customers are liable for all carriage costs both to receive from us and send to us and liable for any inbound or outbound customs fees as required by UK Border force,

Failed deliveries returned us are invoiced at cost as follows, £13.99 per returned parcel fee and if we need to resend the parcel the outbound parcel cost of £12.99 per parcel,
Bulk deliveries by lorry on larger garden items will incur a failed/ rejected delivery charge of £50.00 plus VAT plus redelivery charges of £50.00.
Rejection of deliveries will not constitute cancellation of contract and restocking fees of 50% and failed delivery costs will occur.
We will invoice for in stock items only and should your order value be below this will incur delivery charges.

Business customers MUST reject any parcels displaying damage and NOT sign for any parcels if the parcel is damaged when the courier arrives,if an item is damaged upon opening a parcel business customers have 7 days to report this to us.
Upon signing for the parcel you sign on the basis that the parcel is in tact and not obviously damaged and any claims made thereafter for damage to an item which should have been rejected will be voided.
It is very important that when the box arrives you inspect the box and the contents to ensure there is no delivery damage as your claim will be rejected if you sign for the parcel as in good condition.
You must also inspect goods and report any damaged items which may have been damaged within the delivery network and report these to us within 7 days,failure to notify us of damaged goods will void any claim.
Please note claims for damage or missing items only covers delivery to your address and should you resell goods this inspection period only applies for delivery to the delivery address listed on the order.

Faulty Returns

We will accept the return of faulty Goods covered by our product warranties subject to the following terms. For consumers: you can return most faulty products in the first 6 months after the date they are delivered to you, though this will not apply where we can prove that the Goods were not faulty at the time of delivery, or where the nature of the Goods is such that they cannot be expected to conform after that length of time (e.g. perishable and low value goods).
We will accept returns for the latter type within the reasonable period for which they can be expected to conform. For everyone else: you must notify us of the fault and your desire to return the product as soon as possible, and in any event within 14 days of delivery (including by instalments).
For faulty Goods, we will either arrange to collect the Goods on a date agreed between us (please note that we will not be responsible for any delay caused by a third party carrier) or ask you to return the Goods to us at our cost using a freepost label. If you receive a full refund for those Goods, this will include a refund of the initial delivery costs paid for your Order, though this will be paid at the rate of the cheapest delivery option that was feasible for your Order (e.g. standard delivery will be refunded if next day delivery was ordered but was not necessary).
Once we have received any faulty Goods, we will examine the Goods and confirm that they are in fact faulty, at which stage we will contact you to provide one of the following remedies:
- repair the Goods.
- replace the Goods;
- provide you with a price reduction and partial refund; or
- provide you with a full refund;
Where the Goods are faulty and we offer a remedy:
- For consumers: you can decide whether you would prefer us to repair the Goods or provide a replacement. Where we fail to repair or replace the Goods properly or in a reasonable time, you can then require either a price reduction or a full refund. Where you exercise the final right for a full refund, we may be legally entitled to deduct an amount from the refund to take account of your use of the Goods.
- For everyone else: though you are free to request a remedy, we will decide which remedy is appropriate based on the circumstances, and you accept that that remedy will be binding and final (though you may seek further remedies if any replacement or repaired Goods are found to be faulty).
The fault returns policy set out above does not apply to:
- Goods with faults that were made known to you before the time of your Order; or
- Goods that you have damaged by seeking to repair them yourself or have them repaired without our agreement.
These Terms will also apply to any repaired or replacement Goods we supply to you. For consumers: where Goods have been repaired or replaced within the first 30 days after delivery and transfer of ownership, you shall have a further 7 days or until the end of the original 30 day period (not including the days between notification of the fault and return of the repaired items), whichever ends last, to reject the Goods. After that, you are also entitled to return the Goods for any further faults, at which stage you may choose any of the remedies listed above. For everyone else: the terms of the fault returns policy above shall apply to the repaired or replacement Goods in the same way as they do to new Goods from the date of their delivery.
For the return of Direct Delivery items, a handling charge may be applied which you will be advised of at the time that the return is requested.

Ownership and Risk

Risk in the Goods will pass to you upon completion of delivery, meaning that they will be your responsibility from that time, unless you commission an alternative carrier to collect and deliver the Goods (in which case they shall be your responsibility from the point of collection).
Ownership of the Goods will only pass to you when we receive payment in full and all funds have cleared for the Goods.
We can recover any Goods in respect of which ownership has not passed to you at any time. For consumers: this may mean we bring legal action against you if you are unwilling to pay for or return the Goods to us when requested. For everyone else: by submitting your Order, you agree to allow us such access to the Goods (and to such premises as are required to access to the Goods) as is required by us in order to facilitate such recovery as soon as reasonably possible following our request to do so.

Prices and Payment

Prices for the Goods we list on our website may change at any time,prices are shown in real time on our website.
Unless otherwise specified, prices exclude delivery costs, which will be added to the total amount due.
Payment for all Goods must be made upfront and in advance of delivery. Where you fail to make payment in advance for any reason, you must do so as soon as possible or we may seek to terminate the Order and recover the Goods. For everyone but consumers: we may also be entitled to seek to charge statutory late payment interest on your unpaid debt.
In some cases, we may permit and offer third party payment services, such as PayPal, Apple Pay Google Pay or Amazon Pay. If you select one of these payment methods, please be aware that in doing so you are authorising us to request funds from the provider immediately, and you will be subject to additional obligations from the third party payment provider, and may also need to contact them if you seek to cancel your Order.
Some products are exempt from discounts at our sole discretion, this includes but is not limited to products with exclusive online prices.

Limitation of Liability

This section deals with the limits and exclusions that apply to our liability to you under these Terms. The provisions do not include or limit in any way our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation; or
- any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
In respect of any issues with the Goods, our primary responsibility shall at all times be to repair or replace the Goods, or otherwise to offer a refund or partial reduction in price in line with our returns policy above. We will accept no further liability where we are able to adequately deal with the issue through our returns policy.
Otherwise, for consumers: we will not be responsible to you for: (i) any losses that were unforeseeable, meaning losses which were not apparent or expected by either side prior to your Order; (ii) any business losses, given that you are a consumer; (iii) losses suffered separately by any non-consumers; or (iv) any losses that were not caused by us or our breach.
Otherwise, for everyone else: our total liability to you for all losses arising under or in connection with your Order whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall not exceed the price paid for the Goods. We shall not be responsible for any unforeseeable consequences of our breach or actions, nor for the losses of any third parties, nor for any indirect losses that you suffer as a result of our failure to comply with these Terms, including, but not limited to, the following categories:
- loss of income or revenue;
- loss of business;
- loss of anticipated savings;
- loss of data; or
- any waste of time.
You are responsible for the selection and safe use of any chemicals that you order from us and to the extent that any harm or losses you suffer from such chemicals result from your default in respect of that responsibility, we shall not be liable for any such harm or losses.
Except for the warranties expressly set out in these Terms we do not make any other warranties or representations with regard to the Goods. To the extent that we not prohibited from doing so by the laws of England and Wales we exclude all warranties which are implied into these Terms whether by legislation or otherwise
All orders are made in accordance with English Law.
All contracts are governed by English law and only they can rule on disputes.

Events Outside Our Control

In exceptional circumstances, your Order may be impacted by event outside of our reasonable control, including where those circumstances impact our operations and ability to perform our obligations to you. In such circumstances, we will not accept liability to you for any failures or delays in performance, including any direct or indirect consequences of such failures or delays, to the extent that they are reasonable and justified in the circumstances and are permitted by law. We will also consider our obligations under these Terms suspended where and to the extent that suspension is necessary in light of such circumstances.
By “events outside of our reasonable control”, we mean things like earthquakes, storms, floods, other natural disasters, fires, explosions, epidemics, pandemics, quarantine restrictions, wars or armed conflict, acts of terrorism, riots, other civil unrest or disturbance, actions of government entities or other civil or military authorities, embargoes or sanctions, strikes, lockouts, other labour disputes, industry-wide supply shortages, delays of common carriers, acts of God or any other circumstances beyond our reasonable control. These are often referred to as “Force Majeure Events”.
We will always take reasonable steps to prevent, minimise and find solutions to any delay, failure or non-performance caused by events outside of our reasonable control, and these provisions will only apply where any delay, failure or non-performance is genuinely caused by some circumstances as the primary cause.
We will endeavour to inform customers where delays or failures are expected due to circumstances beyond our reasonable control, though we cannot always guarantee that you will be notified directly. Please do continue to check our Site, your email account and our social media accounts for announcements, or otherwise contact us using the details provided on this page.
The provisions of this section apply to all delivery and collection arrangements, including where these are performed by a third party on our behalf.
For consumers: to the extent that any such delay is ongoing for an excessive period of time, bearing in mind the circumstances and details of your Order, or to the extent that it is unreasonable for us to limit our liability or suspend performance, you will be entitled to cancel your Order in exchange for a full refund.
For everyone else: we will extend the period for performance of our obligations (e.g. any expected window for delivery) by the duration of any events outside of our reasonable control, and will not be required to accept any requests to cancel your Order in that period.

GDPR

We will treat all Your Personal Information obtained through the Website, by telephone and from face-to-face contact as confidential (although We may disclose this information in the circumstances set out below as legally required). We will keep it on a secure server and We will comply with current applicable English data protection and consumer legislation.

When You shop on the Website by telephone and in Our stores We will ask You to input and/or provide and We will collect Personal Information from You such as Your name, e-mail address, billing address, delivery address, telephone number, product selections, credit card or other payment information.

We confirm that any Personal Information that You provide to Us (or that is available on public registers) and any User Information from which We can identify You, is held in accordance with the notification We have provided to the Information Commissioner pursuant to the Data Protection Act 1998. We may process Your Personal Information and User Information only for the following purposes:

Processing Your orders;
Performing the contract;
For statistical purposes to improve the Website and its services to You
To administer the Website;
To notify You of products or special offers that may be of interest to You;
Where required by law or where processing without consent is permitted by GDPR Regulations

You agree that You do not object to Us contacting You for any of the above purposes whether by telephone, e-mail or in writing and You confirm that You do not and will not consider any of the above as being a breach of any of Your rights under the Telecommunications (Data Protection and Privacy) Regulations 1999.

When You order You accept that You consent to receive information from Us by post, e-mail or telephone, about your order.

Your Personal Information will be disclosed to our secure bank payment provider who will help process Your order and payment. We will not release Your Personal Information to any outside company for mailing or marketing purposes not connected to Our products and services.

Should you wish to view what data we hold on the system about you this can be requested using a Subject access request:

It will save you time if you do the following before writing your request:

Find out the right department to send the request to
Enclose a cheque payable to Sensory Education for the sum of £10
Please detail the exact information you are requesting such as customer service notes or account notes.
your full name, address and contact telephone number;
any information used by the us to identify or distinguish you from others of the same name (account numbers, unique ID's etc);
details of the specific information you require and any relevant dates.

Upon receipt of this request we will send any relevant information we may hold within 40 days.

All contracts are governed by English law and only they can rule on disputes.

Contact Us

Head Office
Unit W1,Westpoint Business Park,
Walsall,
WS9 8DT

Copyright

All Site design, text, graphics, the selection and arrangement thereof, and all software compilations, underlying source code, software (including applets) and all other material on this Site are the copyright of Sensory Education and its affiliates, or their content and technology providers. All rights reserved.

Permission is granted to electronically copy and to print in hard copy portions of the Site for the sole purpose of placing an order with us or using the Site as a shopping resource. Any other use of materials on this Site, including reproduction for purposes other than those noted above, modification, distribution, or republication, without our prior written permission, is strictly prohibited and will be defended.

All brand names, product names and titles used in the Site are trade marks or trade names of their respective holders. No permission is given in respect of the use of any of these names or titles and moreover any such use may constitute an infringement of the holders' rights.