Terms and conditions

Orders submitted on www.crossacademe.co.uk ("the Website") are subject to the terms and conditions ("the Conditions") set out below. Any reference in the Conditions to writing includes facsimile and e-mail; reference to the Parties means You and Cross Academe Limited ("Cross Academe"); and any reference to Working Days means between 0900 and 1700 hours on any day excluding Saturdays, Sundays and UK Public Holidays.

1. Sale

1.1 You may place an order for goods ("the Goods") by submitting a completed order form on the Website. If Cross Academe accepts Your order, it will confirm acceptance in writing and will supply the Goods to You in accordance with Your order and these conditions ("the Contract").

1.2 Cross Academe intends the terms set out in these Conditions to be included in the Contract. Please read these Conditions carefully and inform Cross Academe if You do not understand or agree with anything in these Conditions. If You require any changes, please make sure You ask for these to be put in writing, to avoid problems in understanding what each Party is expected to do. Any changes to these Conditions must be agreed by both Parties.

2. Orders and prices

2.1 While Cross Academe makes every effort to ensure that prices and other information on the Website are accurate and up to date, this cannot be guaranteed. Sales of goods are subject to availability while stocks last.

2.2 In addition to the price shown for the Goods, You will pay Value Added Tax where appropriate, plus the delivery charges shown on the Website order form ("the Delivery Charges"). Where an order includes existing and forthcoming titles (Goods), separate delivery charges will be made for each consignment.

2.3 In the event of an error in any price, sales literature or other document or information issued by Cross Academe or placed upon the Website, Cross Academe will correct the information and will notify You as soon as possible of any such error in Your Contract. If you do not wish to proceed on the basis of the correct information, You will be entitled to cancel the relevant part of the Contract and to receive a refund for the part You have cancelled.

3. Right to cancel

3.1 This clause does not apply to periodicals and serial magazines.

3.2 You have the right to cancel the Contract and return the Goods (other than periodicals and serial magazines) in their original condition within 7 Working Days of receiving the Goods by giving written notice of cancellation, and Cross Academe shall refund to You the price of the Goods less the Delivery Charges (except as stated in clause 3.4).

3.3 Contrary to clause 9.1.1, if You post Your notice of cancellation under clause 3.2 it will be deemed to be given to Cross Academe on the day You post it.

3.4 Where You are returning the Goods (including magazines and periodicals) because of an error on Cross Academe’s part or because of a defect in the Goods, Cross Academe shall refund to You the price, the Delivery Charges in sending the Goods to You and the cost You incur in returning the Goods to Cross Academe by the same method as they were delivered to You.

4. Payment terms

4.1 You may place an order via the Website, over the telephone or by fax, post or email.

4.2 If You choose to pay by credit or debit card You will be required to give Your card details at the time of submitting Your order. Your card will be charged at the time Your order is accepted by Cross Academe.

4.3 If You wish to pay by cheque, You must print off a copy of Your order form when You are at the check out and send it with Your cheque, for the full costs of Goods and delivery, to Cross Academe.

4.4 If You are a school or institution You may order Goods on account and be invoiced. Accounts must be settled within 30 days of the invoice date.

5. Delivery

5.1 If no other delivery time is given on the Website, Cross Academe shall use reasonable efforts to deliver the Goods to You within 28 days of receiving payment from You in cleared funds.

5.2 Cross Academe will deliver the Goods to the address given by You in Your order form and if You do not take delivery or have given inadequate delivery instructions, Cross Academe may store the Goods until actual delivery and charge You for the reasonable costs (including insurance) of storage and redelivery.

6. Ownership

The Goods do not belong to You, even though they may have been delivered to You, until Cross Academe has received the total price (including Delivery Charges) in cleared funds from You. Until that time, You will be responsible for any loss or damage to the Goods (unless caused by Cross Academe) and Cross Academe may require You, upon reasonable notice, to return and deliver up the Goods to Cross Academe, failing which Cross Academe will take legal proceedings to recover the Goods or their value.

7. Warranty and liability

7.1 Nothing in this clause 7 shall exclude Cross Academe’s liability for fraudulent misrepresentation or for death or personal injury caused by its negligence.

7.2 Cross Academe will not be liable for any losses related to any business You might have and where either Party breaches this Contract that Party shall not be liable for any costs or losses suffered by the other Party (or any third party) except where those losses are a reasonably foreseeable consequence of the breach.

7.3 If, notwithstanding the rest of this clause 7, liability attaches to Cross Academe, in no circumstances shall Cross Academe’s liability to You for a breach of any express or implied terms of the Contract or any other duty of any kind imposed on Cross Academe by law arising out of or in relation to the Contract exceed the total amount paid for the Goods.

7.4 In no event shall either Party be responsible for delays over which it has no reasonable control.

8. Termination

8.1 Cross Academe may terminate this Contract or any other contract between the Parties and may cancel or suspend future deliveries (under this Contract or any other contract) if Your belongings have been taken away from You to pay off Your debts, or a receiving order has been made against You.

8.2 Either Party may terminate this Contract or any other contract between the Parties and may cancel or suspend future deliveries (under this Contract or any other contract) if the other Party is in breach of these Conditions or any other contract between the Parties, and that breach, if capable of remedy, has not been remedied within 14 days of the innocent Party giving notice of the breach.

8.3 On termination, all outstanding payments under the Contract shall be payable immediately.

8.4 Termination shall not affect the rights that You or Cross Academe have under the Contract.

9. General

9.1 Any notice required under these Conditions shall be in writing addressed to the other Party at its registered office or any other address notified by the receiving Party to the Party giving the notice. Any notice shall be deemed to be served:

9.1.1 if sent by pre-paid first class post to the Party to whom it is given, on the second Working Day after posting; or

9.1.2 if sent by pre-paid air-mail post to the Party to whom it is given, on the seventh Working Day after posting; or

9.1.3 if sent by fax to the Party's fax number or by email to the Party's email address at the date and time given on the sender's transmission acknowledgement slip or (in the case of manifest error or loss of the slip) on receipt.

9.2 No third parties shall have any rights under this Contract as a result of the Contracts (Rights of Third Parties) Act 1999. No variation to this Contract and no subsequent agreement to this Contract creates any such rights unless it expressly states so.

9.3 If any of these Conditions is held by any competent authority to be unlawful, or unenforceable in whole or in part then the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected and shall continue to be valid and enforceable to the fullest extent permitted by law.

9.4 The Contract and these Conditions shall be under English law and are subject to the jurisdiction of the English Courts or, where You are resident in the European Union, the courts of Your country of residence.

9.5 You shall not transfer, assign or sub-contract Your obligations under the Contract without Cross Academe’s prior written consent. Cross Academe may sub-contract any of its obligations under this Contract provided that Your rights are not adversely affected as a result.

9.6 Failure or neglect by Cross Academe to enforce at any time any of these Conditions shall not be a waiver of Our rights and it shall not affect the validity of the whole or any part of these Conditions or prejudice Our right to take subsequent action.

10. Privacy policy and Data Protection

10.1 Cross Academe is committed to protecting your personal privacy and, in accordance with relevant data protection laws, upholds strict security procedures for the collection, storage, use and disclosure of your personal information.

10.2 Cross Academe will use any data it collects from You for administration, marketing and customer services. It will disclose Your information to its service providers and agents but will not sell or rent it to third parties except in the event that all or part of Cross Academe is transferred to a new owner, in which case Your details may be transferred as a business asset.

10.3 We may contact You from time to time by post or email to let You know about goods, services or promotions which may be of interest to You. If You do not want to receive such information, please contact us at crossacademe@education.co.uk.

10.4 If Your personal information (such as your postcode) changes, please contact us at crossacademe@education.co.uk and we will correct it.

10.5 Under the General Data Protection Regulation (GDPR) and The Data Protection Act 2018 (DPA) You have a number of rights with regard to your personal data. You have the right to request from us access to and rectification or erasure of your personal data, the right to restrict processing, object to processing as well as in certain circumstances the right to data portability. Please note we will retain and use your personal information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

11. Copyright

11.1 All content on the website is copyright Cross Academe Limited, except for the image of ‘Oxford in the Mist’, which is copyright Seth Lazar.

12. Cross Academe Limited

12.1 Cross Academe Limited: registered in England number 6832605. Registered office: St John’s House, 5 South Parade, Oxford OX2 7JL. VAT number: 972 1762 06.