Terms & Conditions
Section 1 Access to our online services
This website is operated by Benedykt and Sylvester Ltd. Throughout the site, the terms “we”, “us” and “our” refer to Benedykt and Sylvester Ltd. Benedykt and Sylvester Ltd offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
A. Accounts
In order to use certain features of the site or services, you must register for an account with company (“account”) and provide certain information about yourself as prompted by the site registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You are responsible for maintaining the confidentiality of your account login information and are fully responsible for all activities that occur under your account. You agree to immediately notify company of any unauthorized use, or suspected unauthorized use of your account or any other breach of security. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
B. Access to features of online services
Subject to these terms, we grant you a limited, non-exclusive, nontransferable personal license to (a) access and use the site and services and (b) download, install and operate any software (in object code form only), scripts and other content that we may from time to time have specifically identified within the site as available for download (“downloadable tools”) (if any). The downloadable tools are deemed part of the “service”. Your use of any downloadable tools may be subject to additional terms and conditions that accompany such downloadable tools.
C. General restrictions on use
The rights granted to you by these terms will remain in force only for so long as these terms remain in effect. You may not rent, transfer, assign, commercially exploit, resell, or sublicense access to the service to any third-party. You may use the site and the services (including the downloadable tools) only for your personal, non-commercial purposes. You further agree not to combine or integrate the site and the services (including the downloadable tools) with hardware, software or other technology or materials not provided by us. You may not modify or create any derivative product based on the site, the site, and the services (including the downloadable tools). You may not decompile, disassemble, reverse engineer, or otherwise attempt to obtain or perceive the source code from which any component of the site and the services (including the downloadable tools) is compiled or interpreted, and nothing in these terms should be interpreted as granting you any right to obtain or use source code. Except as expressly stated herein, no part of the site or services (including the downloadable tools) may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the site or services shall be subject to these terms. You agree not to use the site and the services (including the downloadable tools) to: (a) violate any local, state, national or international law; (b) stalk, harass or harm another individual; (c) collect or store personal data about other users; (d) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or (e) interfere with or disrupt the services or servers or networks connected to the services, or disobey any requirements, procedures, policies or regulations of networks connected to the services. Without our written consent, you may not (i) use any high volume, automated, or electronic means to access the services (including, without limitation, robots, spiders or scripts); or (ii) frame the site, place pop-up windows over its pages, or otherwise affect the display of its pages. You promise that any information about yourself that you voluntarily provide to us will be true, accurate, complete and current.
D. Use of third-party offerings
You may be able to access websites, content, products or services provided by third-parties through links that are made available on the site. We refer to all such websites, content, services and products as “third-party offerings.” For example, we may permit third parties to advertise their products and services on the site, and those advertisements may contain links to the website(s) of the advertisers. If you elect to use such third-party offerings, you understand that your use of them will be subject to any terms and conditions required by the applicable third-party provider(s). You understand that we are not the provider of, and are not responsible for, any such third-party offerings and that these terms do not themselves grant you any rights to access, use or purchase any third-party offerings.
E. Ownership of content
The company and its suppliers reserve all rights not granted in these terms. Unless you first obtain the copyright owner’s prior written consent, you may not copy, distribute, publicly perform, publicly display, or create derivative works from any copyrighted work made available or accessible via the site. If you provide company any feedback or suggestions regarding the site or services (“feedback”), you hereby assign to the company all rights in the feedback and agree that company shall have the right to use such feedback and related information in any manner it deems appropriate. Company will treat any feedback you provide to company as non-confidential and non-proprietary. You agree that you will not submit to company any information or ideas that you consider to be confidential or proprietary.
Copyright © 2020, benedykt & sylvester ltd. All rights reserved. All trademarks, logos and service marks (“marks” displayed around the site or service are our property or the property of other third parties. You are not permitted to use these marks without our prior written consent or the consent of such third party which may own the marks.
Section 2 User content
A. User content.
“User content” means any and all information and content that a user submits to, or uses with, the site or services (e.g., content in the user’s profile, photographs, reviews, or other postings). You are solely responsible for your user content and assume all risks associated with use of your user content. You hereby represent and warrant that your user content does not violate the acceptable use policy (defined below). You may not state or imply that your user content is in any way provided, sponsored, or endorsed by company. Because you alone are responsible for your user content (and not company), you may expose yourself to liability if, for example, your user content violates the acceptable use policy. The Company is not obligated to backup any user content and user content may be deleted at any time. You are solely responsible for creating backup copies of your user content if you desire.
B. License
You hereby grant, and you represent and warrant that you have the right to grant, to company an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license and authorization to reproduce, distribute, publicly display, prepare derivative works of, incorporate into other works, and otherwise use your user content (including your and/or your child’s name, voice, photograph, and likeness) and to grant sublicenses of the foregoing, for the purposes of including your user content in the site, services, company’s other products and services, and company’s marketing materials or endorsements. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your user content.
C. General Data Protection Regulation (GDPR) Policy for User-Generated Content and User Data on the Benedykt & Sylvester's Website
At Benedykt & Sylvester, we are committed to protecting the privacy and personal data of our users in accordance with the UK’s General Data Protection Regulation (GDPR). This policy outlines our approach to user-generated content and user data on our website.
C.i. Data Collection
We collect user data on our website in order to provide our services and improve user experience. This data may include personal information such as name, email address, and other contact information. We also collect data related to user behavior on our website, such as browsing history and IP address.
C.ii. User-Generated Content
We allow users to submit content to our website, such as comments and reviews. This content may contain personal information, which we will only use in accordance with this policy. Users who submit content to our website are responsible for ensuring that the content they submit complies with our terms and conditions and applicable laws and regulations. We reserve the right to moderate and remove any content that violates our policies.
C.iii Data Processing and Storage
We process user data for the purpose of providing our services and improving user experience. We do not share user data with third parties unless required by law or with the user’s explicit consent. We store user data securely and take appropriate measures to protect user data from unauthorized access, disclosure, alteration, or destruction.
C.iv Data Retention
We retain user data only for as long as necessary to provide our services and comply with legal obligations. We may retain certain data for a longer period
of time if required by law or to protect our legal interests.
C.v User Rights
Users have the right to access, correct, and delete their personal data. Users also have the right to object to the processing of their personal data and to request that their data be transferred to another controller. Users can exercise their rights by contacting us at [contact information].
If you have any questions or concerns about our GDPR policy, please contact us.
D. Acceptable use policy.
The following sets forth company’s “acceptable use policy”: you agree not to use the site or services to collect, upload, transmit, display, or distribute any user content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libellous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party; (v) that constitutes a computer virus, worm, or any software intended to damage or alter a computer system or data; or (vi) that constitutes unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise.
E. Enforcement.
We reserve the right (but have no obligation) to review any user content, investigate, and/or take appropriate action against you in our sole discretion if you violate the acceptable use policy or any other provision of these terms or otherwise create liability for us or any other person. Such acts may include removing or modifying your user content, terminating your company account, and/or reporting you to law enforcement authorities.
Section 3 Terms and conditions of sale
A. Certain product disclaimers
Warning: choking hazard – small parts. Not for children under 3 years. You acknowledge that the company’s products are not designed, manufactured or intended for use by children under the age of three (3) and may contain small parts. In addition to all other limitations and disclaimers in this agreement, company shall not be liable to you or any third party, in whole or in part, for any claims, liability, damages, loss or costs arising from such use.
B. Products and pricing
All products listed on the site (“products”), their descriptions, and their prices are each subject to change at any time under the company’s discretion. The company reserves the right, at any time, to modify, suspend, or discontinue the sale of any product with or without notice. You agree that company will not be liable to you or to any third party for any modification, suspension, or discontinuance of any product (except as set forth in section v). In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right, prior to the acceptance of your order (as described below), to decline or cancel any such orders, whether or not the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the order and we cancel your order, we shall immediately issue a credit to your credit card account in the amount of the charge.
C. Orders
When you make an order, you are making an offer to purchase, and such offer is subject to our acceptance. Your receipt of an order confirmation from us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline or cancel your order (in whole or in part) for any reason. We may require additional verifications or information before accepting any order. Your order is not accepted until we send you shipping information for the order (or the accepted portion thereof). If we cancel all or a part of your order, your sole and exclusive remedy is either that (a) we will issue a credit to your credit card account in the amount charged for the cancelled portion (if your credit card has already been charged for the order) or (b) we will not charge your credit card for the cancelled portion of the order.
D. Subscription Box Contents
The subscription box contents are variable, and they are tailored to each level and subject, e.g. One month you may receive 3-part wooden tiles and in another month you may receive a useful tool in place of the tiles because it has been deemed more appropriate for that topic. We carefully plan each topic to ensure your child has the best learning experience from the box.
We endeavour to ensure that the value of the subscription boxes is equal every month, therefore any substituted content will be of the same value to the original planned items, but we reserve the right to make any changes deemed necessary for any reasonable reason such as availability, cost prices, and any other legitimate reason.
E. Digital Products
Digital Products are non-refundable. You will be given a link to download your products after the checkout screen and the link will also be emailed to you. We recommend your digital products are downloaded and saved to your own device as soon as you have purchased them. We reserve the right to remove, update, change, replace or discontinue the sale of any digital product. You are contracted by law to not engage in any sharing, reproduction or distribution of any digital product taken from this website. If you wish to share the product, we kindly ask you to share the purchase link from the product page.
We reserve the right to refuse issue of a second link if we suspect our content is being misused or shared in accordance with the rules above.
F. Payment terms.
For each product you order on the site, you agree to pay the price applicable for the product as of the time you submitted your order (“product price”), the delivery fees for the delivery service you select (“delivery fees”), and any applicable taxes (defined below). If you order a subscription to a product (with a monthly term, or a term of 3 months, 6 months or twelve months) that auto-renews (“subscription”), then you agree to pay the applicable product price, delivery fees, and taxes upon each auto-renewal date, until you terminate your subscription. Your next billing date will be displayed in your account page next to each of your active subscriptions. We reserve the right to change the timing of our billing, in particular, if your payment method has not successfully settled, your original purchase date is within 15 days of your auto-renewal date, there are unforeseen delays that hinder our ability to ship your product or there are changes to your account or subscriptions. Please also note that if your subscription includes a discounted product price for a promotional period, once the promotional period expires, your subscription will renew at the full product price. As such, if you purchase a subscription, until such time as you terminate your subscription in accordance with the directions on this site, you hereby authorize, agree and assent to the company automatically billing your credit card submitted as part of the order process for such amounts that are due. You will be solely responsible for payment of all taxes (other than taxes based on company’s income), fees, duties, and other governmental charges, and any related penalties and interest, arising from the product purchase (“taxes”) not withheld by company, including, without limitation, all product purchased pursuant to any updated subscription.
G. Shipping policy
Products will be shipped in accordance with the shipping method you selected when placing the order. Any delivery dates provided by company are estimates. The company reserves the right to make deliveries in instalments. The company will send you an email when your order has shipped and you may review your order and shipping information on your account.
H. Cancellation policy
You can cancel a monthly or free trial subscription anytime after the first box ships. Please cancel using your online account at any time up to 00:00 gmt before the day of your next automatic renewal payment. If you wish to email, please contact us at least two business days prior to your subscription’s auto-renewal date. Auto-renewing subscriptions (pay every 3, 6 or 12 months) can be turned “off” at any time – meaning we will cancel the next automatic renewal of the subscription (instead, the subscription will expire). Auto-renewing subscriptions cannot be cancelled mid-term.
To turn “off” your subscription’s auto-renewal or to cancel, please log into your account page and follow the cancellation instructions there or email us at hello@benedyktandsylvester with “cancellation” in the subject line.
I. Return policy.
We want you to be completely satisfied with your purchase, and we understand that sometimes returns are necessary. Please read our returns policy carefully, as they vary depending on the type of product ordered.
Monthly subscription box
We offer a monthly subscription box, which includes a selection of products tailored to the topic of the month, with 24 topics to collect.
Contents
The subscription box contents are variable, and they are tailored to each level and subject, e.g. One month you may receive 3-part wooden tiles and in another month you may receive a useful tool in place of the tiles because it has been deemed more appropriate for that topic. We carefully plan each topic to ensure your child has the best learning experience from the box.
Cancellations & returning subscriptions
You can cancel your subscription at any time before your next billing date, and you will not be charged for any subsequent boxes. Unfortunately, we cannot cancel orders for boxes that have already been shipped.
Faulty or damaged-in-transit items
Faulty or damaged items should be reported to us at the earliest opportunity, and we will make arrangements to replace them in a timely manner. We ask that if you suspect your items have been damaged in transit that you submit photographic evidence to us which will help us resolve the issue more quickly.
Change-of-mind
In the event of a change-of-mind, you may return boxes to us in an unopened, re-saleable condition. However, we ask that you contact us to discuss your return first. In this case, return shipping costs are the responsibility of the buyer.
One-time purchase orders
If you are not completely satisfied with your one-time purchase product, you may return it within 30 days of receipt for a refund or exchange. The product must be in its original condition and packaging, and you will be responsible for the cost of return shipping. We recommend that you use a tracked and insured shipping method, as we cannot be responsible for items lost or damaged in transit.
Sale items or products purchased with a discount
Items purchased in sales or with a discount code are ineligible for returns.
Personalised/bespoke items
Please note that personalised or bespoke items cannot be returned unless they are defective or damaged. If you receive a defective or damaged item, please contact us within 7 days of receipt to arrange for a replacement or refund.International returns
If you are returning an item from outside the United Kingdom, please ensure that it is marked as “returned goods” to avoid customs charges. We cannot be responsible for any customs charges incurred during the return process. If in the event we receive charges due to a return, the customs fees will be deducted from your refund, and we will provide you with the evidence for the customs fees.
We reserve the right to refuse returns or exchanges that do not meet our policy criteria.
If you have any questions about our returns policy, please do not hesitate to contact us.
J. Promotions.
Please read the official rules that accompany each special offer, coupon, discount, contest, and sweepstakes that we may offer or conduct. Special offers, coupons, or discounts cannot be used in conjunction with other offers. Limit one promotion per order.
SECTION 4 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Section 5 Copyright policy
We value creativity, innovation, and the protection of intellectual property rights. Our company designs and produces and sells learning resources that are designed to help people of all ages and backgrounds learn and grow. We are committed to respecting the intellectual property rights of others, and we expect our customers and partners to do the same.
A Copyright Ownership
All content created by Benedykt & Sylvester LTD for our learning resources is protected by copyright law, including but not limited to text, graphics, images, video, and audio content. This content may not be copied, distributed, modified, or used in any way without our express permission. We also respect the intellectual property rights of others, and we will remove any content from our platform that infringes on the rights of others.
Use of Our Learning Resources
Customers who purchase our learning resources are granted a non-exclusive license to use the content for their personal, non-commercial use. This license does not allow for the distribution, modification, or commercial use of our content. Customers who wish to use our content for commercial purposes must obtain our express permission in writing.
Digital Millennium Copyright Act (DMCA) Compliance
We comply with the Digital Millennium Copyright Act (DMCA), which provides a process for copyright owners to request the removal of infringing content from our platform. If you believe that your copyright has been infringed upon by content on our platform, please contact us and provide us with the following information:
A description of the copyrighted work that you claim has been infringed
The location of the infringing content on our platform
Your contact information, including your name, address, telephone number, and email address
A statement that you have a good-faith belief that the use of the copyrighted material is not authorized by the copyright owner, its agent, or the law
A statement that the information you have provided is accurate, and that you are the copyright owner or authorized to act on behalf of the copyright owner
We will investigate all claims of copyright infringement and take appropriate action as required by law.
If you have any questions or concerns about our copyright policy, please contact us.
B. Governing law
These terms shall be governed by the laws of the United Kingdom without giving effect to any conflict of laws principles that may require the application of the law of another jurisdiction.
D. Modifications to services.
We reserve the right to modify the site and/or services at any time without notice. If you object to any changes to the site or services, your sole recourse will be to cease using the site and service, terminate your subscription for a pro-rata refund of any amounts you have pre-paid for the subscription (if any), or not renew the subscription (if applicable). Continued use of the site or services following posting of any such changes will indicate your acknowledgement of such changes and satisfaction with the services as so modified. We also reserve the right to discontinue the site and/or services at any time without notice. We will not be liable to you or any third-party should we exercise our right to modify or discontinue the site or the services.
We will endeavour to keep our promotional materials up to date or inform you of any discrepancies between product images and products to be received; however, we reserve the right to make changes to the subscription box contents without updating all related images.
E. General terms
You agree to comply with all laws, rules and regulations that apply to your use of the site, the services (including the downloadable tools) and the products. Any delay or failure by us to exercise or enforce any right or provision of these terms will not constitute a waiver of such right or provision. If any provision of these terms is found by a court of competent jurisdiction to be invalid, you agree that the court should endeavour to give effect to the intentions reflected in the invalid provision, and the other provisions of these terms shall remain in full force and effect. The section titles in these terms are for convenience only and have no legal or contractual effect. The word including means including without limitation. These terms constitute the entire agreement between you and us with regard to the matters described above. These terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.