Terms and conditions of sale

Please read the following carefully. By ordering products or 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 DSE.

We refer to Down Syndrome Education International and subsidiary and associated entities as "DSE".

Down Syndrome Education International is a UK-based registered charity that exists to advance early intervention and education for children with Down syndrome by supporting scientific research and providing evidence-based advice and information. Down Syndrome Education International is a charitable company, limited by guarantee and registered in England and Wales, company number 3266266 and charity number 1062823. The charity's registered office is at 6 Underley Business Centre, Kirkby Lonsdale, Cumbria, LA6 2DY, UK.
Down Syndrome Education USA is a California-based nonprofit that exists to advance early intervention and education for children with Down syndrome by supporting scientific research and providing evidence-based advice and information. Down Syndrome Education USA works closely in association with Down Syndrome Education International. Down Syndrome Education USA is a nonprofit organisation, incorporated in California and exempt from Federal income tax under section 501(c)(3) of the US Internal Revenue Code, EIN 26-2566125. 1048 Irvine Avenue, Suite 575, Newport Beach, CA 92660, USA.
Down Syndrome Education Enterprises CIC is UK-based Community Interest Company that is wholly owned by Down Syndrome Education International, limited by shares and registered in England, company number 2413145, VAT number GB 684 6715 92. The company's registered office is at 6 Underley Business Centre, Kirkby Lonsdale, Cumbria, LA6 2DY, UK.

Most of the services and resources that we charge for are supplied by Down Syndrome Education Enterprises CIC.

Some services and resources that we charge for may also supplied by Down Syndrome Education USA – generally to clients in North America.

Contracting party

Any contract for the purchase of goods or services will be with Down Syndrome Education Enterprises CIC or with Down Syndrome Education USA.

The contracting party will be made clear on any quotations, order confirmations and invoices.

If ordering goods or services or subscriptions online, and if not otherwise stated, the contracting party is Down Syndrome Education Enterprises CIC.

Contract 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.

Supply of goods

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.
Card payments for goods ordered online are charged ahead of dispatch of the goods to you. We will wait to confirm the clearance of funds from other forms of payment (cheques, bank transfers and direct debits) prior to dispatch.
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.

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.

Supply of services

Contracts and payments for the supply of services are accepted as follows:

We must receive payment of the whole of the price for the services that you order, before your order can be accepted, and the contract formed.
Card payments for services ordered online are charged ahead of provision of the services to you. We will wait to confirm the clearance of funds from other forms of payment (cheques, bank transfers and direct debits) prior to supplying services.
Your order for services is an offer to buy from us. Nothing that we do or say will amount to any acceptance of that offer until we actually supply services to you, at which point a contract will be made between us. At any point up until then we may decline to supply a service to you.

Subscription services

Where a subscription to a service is ordered, we will continue to provide that service as long as regular subscription payments are received.

If a renewal payment is not made, then we will suspend the provision of the service.

Where a subscription to a service is ordered and paid for online, provision of the service begins immediately.

Online services

Our online service are supplied subject to our Terms of Use.

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 brochures are printed and when the details are posted on our web sites. Prices in brochures may go out of date. Prices on our online store are regularly updated. If there is a difference between the price for a product or service in a brochure and the prices shown on our web sites, you will be charged the price on the web sites.

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.

Sales Taxes (or VAT)

All prices are expressed exclusive of any Value Added Tax (VAT) or 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.

Sales Taxes (or VAT) will be charged as required by prevailing regulations.

Customs charges

If you are ordering goods for delivery outside of the country of origin, 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 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.

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.

If you are unable to receive your package from a delivery company, you may be required to collect the package from a collection point stipulated by the delivery company.

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 EU).

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 orders (EU customers)

Personal customers in European Union have the right to cancel orders for goods and services placed online, over the telephone or mail order up to 7 days following the receipt of the goods or confirmation of booking for services by contacting us, subject to the following conditions:

DVDs and videos returned must have their seals intact.
The provision of services has not begun.

When we receive notice of your cancellation of an order, we will refund the relevant part of the purchase price for products and services together with delivery charges.

If the product(s) have been dispatched to you and we are unable to stop the delivery, you can refuse to sign for the delivery so that the item(s) are returned to us.

If you receive delivery of goods from us in respect of a contract you wish to cancel, you are under a duty to take reasonable care of the goods while they are in your possession. You have the right to make a reasonable inspection of goods received.

We require that you return all goods received as part of a contract that you cancel under these cancellation provisions. You are responsible for the costs of returning received goods to us. You must take reasonable care to ensure that we receive the returned goods and that the goods are not damaged in transit.

Cancellation of subscription services

You may cancel a subscription at any time. We will provide you with instructions on how to do this when you purchase your subscription.

After you cancel a subscription, we will no longer take future payments for the subscription. The subscription will expire at the end of the period in which it is cancelled. At that time, we will withdraw access to the subscribed services.

When a subscription is cancelled, we are unable to refund fees in respect of any part of the period in which it is cancelled.

Extensions to subscription services

We are unable to provide extensions to subscription services free of charge, in any circumstances.

When you purchase subscription services we will make suitable provision to ensure that those services are available to you. Our suppliers will charge us for the underlying systems and services that we provision in order to provide you with the services that you subscribe to. We are therefore unable to offer provide extensions to subscription services free of charge, even if you have made no use of the services to which you subscribed.

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 £200; for all other refunds of cash purchases, we will send you a cheque; 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 DSE 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 DSE, 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 DSE 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 DSE 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 London, England, within one year after the cause of action has arisen, or such cause will be barred, invalid, and void.

Governing Law and Jurisdiction

For sales where the contracting party is Down Syndrome Education Enterprises CIC:

These terms and conditions shall be governed by, and construed in accordance with, English law. The parties irrevocably agree that the courts of England 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 English courts.
For the exclusive benefit of Down Syndrome Education Enterprises CIC, 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.

For sales where the contracting party is Down Syndrome Education USA:

These terms and conditions shall be governed by, and construed in accordance with, California law. 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 Enterprises 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@dseinternational.org.

These terms and conditions were last updated on 4 April 2024.