Terms and conditions - ReadAlong

Terms and conditions

ReadAlong Terms and Conditions

Sale Terms

This page (together with our Privacy and Security Policy, and Copyrights) tells you information about us and the Sale Terms.

These Sale Terms will apply to any Contract made between you and us using our Website. Please read these Sale Terms carefully and make sure that you understand them before ordering any ReadAlong Products from our Website. Please note that by placing an order you are accepting these Sales Terms. If you refuse to accept these Sale Terms, you will not be able to order any ReadAlong Products from our Website.

You should print a copy of these Sale Terms or save them to your computer for future reference.

Please note that we reserve the right to amend these Sale Terms from time to time as set out in clause 12. Every time you wish to order ReadAlong Products, please check these Sale Terms to ensure you understand the terms which will apply at that time. These Sale Terms were most recently updated in October 2020.

1. Definitions

1.1 In these Sale Terms, the following words shall have the following meanings:

"Business Customer" means a person acting for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the name of or on the behalf of that person;

"Business Day" means a day (not being a Saturday or Sunday) when banks generally are open in the City of London for the transaction of general banking business;

"Consumer" means an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession;

"Contract" means any contract between us for the sale of ReadAlong Products to you using the Website;

"Customer" means Business Customer or Consumer, as applicable;

Digital Content” means data that is produced and supplied in a digital form and which is paid for or is supplied with ReadAlong Products, services or other digital content which has been paid for.

"Event Outside Our Control" means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

"Material" means any information, data, text, graphics, links, programming code or other material published, contained or available on the Website;

"ReadAlong Product" means any of the ReadAlong Products or goods listed on the Website;

“RNIB” ROYAL NATIONAL INSTITUTE OF BLIND PEOPLE, a registered charity in England and Wales (no. 226227), Scotland (no. SC039316) and the Isle of Man (no. 1226). Also operating in Northern Ireland. Registered office is at 105 Judd Street, London WC1H 9NE

"Sale Terms" means the legal terms and conditions which apply to any sale of any ReadAlong Products you order using this Website;

"UK" means United Kingdom;

"VAT" means any tax imposed in compliance with Council Directive 2006/112/EC on the common system of value added tax (including, for the avoidance of doubt, value added tax as referred to in the Value Added Tax Act 1994) or any other tax of a similar nature which may be imposed in addition to or in substitution for it at the rates from time to time imposed whether in an EU Member State or elsewhere;

"we", "us" and "our" means RNIB;

"Website" means readalong.org.uk or any other website under RNIB's ownership or control from which a link has been created to these Sale Terms;

"you", "your" and "yours" means the person(s) accessing the Website, including the Business Customer and the Consumer.

1.2 In these Sale Terms, the headings are included for convenience only and shall not affect the interpretation or construction of these Sale Terms.

1.3 In these Sale Terms, unless the context requires otherwise, any reference to:

(a) the masculine, feminine or neuter gender respectively includes the other genders and any reference to the singular includes the plural (and vice versa);

(b) including means "including without limitation" (with related words being construed accordingly), in particular means "in particular but without limitation" and other general words shall not be given a restrictive interpretation by reason of their being preceded or followed by words indicating a particular class of acts, matters or things;

(c) indemnify and to indemnifying any person against any losses by reference to a matter, event or circumstance includes indemnifying and keeping him indemnified on demand against all losses from time to time made, suffered or incurred by that person, to the extent directly or indirectly resulting from that matter, event or circumstance;

(d) a person includes any individual, firm, company, corporation, government, state or agency of state or any association, trust or partnership (whether or not having a separate legal personality);

(e) a statute includes any consolidation or re-enactment, modification or replacement of the same, any statute or statutory provision of which it is a consolidation, re-enactment, modification or replacement and any subordinate legislation in force under any of the same from time to time except to the extent that any consolidation, re-enactment, modification or replacement enacted after the date of the Sale Terms or the Contract would extend or increase the liability of any party to another under the Sale Terms or the Contract; and

(f) writing shall include any modes of reproducing words in a legible and non-transitory form.

2. Contacting us

(a) To cancel a Contract in accordance with your legal rights, you just need to let us know that you have decided to cancel by the methods set out in clause 11.

(b) If you wish to contact us for any other reason, including because you have any complaints, you can contact us by telephoning our Fundraising Team at +44 (0)303 123 9999, option 4 or by e-mailing us at fundraising@rnib.org.uk or by post to 105 Judd St, London WC1H 9NE

(c) If there is any aspect of our service that you are not happy with, in the first instance please contact us using the contact details given above. We aim to resolve all complaints in as timely a manner as possible to the best outcome for both parties. If you are not happy with our response, you may wish to pursue the matter using Charter Trading Standards Institute's support and advice.

(d) If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.

3. Our ReadAlong products

3.1 The images of the ReadAlong Products on the Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the ReadAlong Products. Your ReadAlong Products may vary slightly from those images.

3.2 The packaging of the ReadAlong Products may vary from that shown on images on the Website.

3.3 We will take all reasonable care to ensure that all details, descriptions and prices of ReadAlong Products appearing on the Website are correct at the time when the relevant information was entered onto the system. We reserve the right to refuse orders where the information on the ReadAlong Products has been mis-published, including prices and promotions.

4. Use of website

Your use of our Website is governed by our Terms and Conditions of Website Use. Please take the time to read these, as they include important terms which apply to you.

5. How we use your personal information

We only use your personal information in accordance with our Privacy Policy and Cookies Policy. Please take the time to read our Privacy Policy and Cookies Policy as they include important terms which apply to you.

6. Viruses

Whilst we make all reasonable attempts to exclude viruses from the Website, we cannot ensure such exclusion and no liability is accepted for damage caused through the downloading of viruses. Therefore, you are recommended to take all appropriate safeguards before downloading information from the Website.

7. Encryption

Although the Website uses encryption security software in areas where online payment details are accepted, the security of information and payments transmitted via the internet cannot be guaranteed. Any loss incurred or sustained by you or any person who transmits information by means of email or other internet links shall be borne by you and in no event shall any such loss in whole or part be borne by us or our agents.

8. Availability of the website and termination of accounts

8.1 We may suspend, discontinue or change the Website or any part of it from time to time for repair or maintenance work, in order to update or upgrade the contents or functionality of the Website or for any other reason, without liability or giving notice to you. Access to or use of the Website or pages linked to it may be interrupted or contain errors.

9. Warranty and indemnity

9.1 The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.

9.2 You warrant to us that you will not use the Website, the Material or any part thereof for any purpose that is in contravention of any applicable law or regulation or in a manner that will infringe the copyright, trademarks, service marks or other intellectual property rights of third parties or violate the privacy, publicity or other personal rights of others or in any defamatory, obscene, threatening, abusive or hateful manner.

9.3 You fully agree to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Terms and Conditions of Website Use and the Sale Terms by you or any other liabilities arising out of your use of the Website, or the use by any other person accessing the Website using your account and/or the details of your information provided by you on registration of your account.

10. Minimum age

You may only purchase ReadAlong Products from the Website if you are at least 18 years old.

11. How the contract is formed between you and us

11.1 Our ReadAlong pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

11.2 After you place an order, we will confirm our acceptance to you by sending you a transactional email confirming purchase and advising of delivery times. The Contract between us will only be formed when we send you the transactional confirmation email.

12. Our right to vary these sale terms

12.1 We amend these Sale Terms from time to time. Please look at the top of this page to see when these Sale Terms were last updated and which clauses or parts of Sale Terms were changed.

12.2 Every time you order ReadAlong Products from us, the Sale Terms in force at the time of your order will apply to the Contract between you and us.

12.3 We will publish the amended Sales Terms on the Website and any new versions of the Sales Terms will come into effect as soon as we publish them on the Website (with the exception that any orders that we have already accepted from you prior to any such change will be subject to the Sales Terms in force at that point).

13. Your consumer right of return and refund

Please read our Returns Policy.

14. Replacement

Please read our Returns Policy.

15. Returns procedure

Please read our Returns Policy.

16. Delivery

Please read our delivery information below.

Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 21 for our responsibilities when this happens.

Delivery of an Order shall be completed when we deliver the ReadAlong Products to the delivery address you gave us, the ReadAlong Products will be your responsibility from that time.

You own the ReadAlong Products once we have received payment in full, including all applicable delivery charges.

If you are a Consumer, and we do not deliver any ReadAlong Products within 30 days after the date on which we send you the transactional confirmation email, then you may cancel your order straight away if any of the following apply:

(a) we have refused to deliver the ReadAlong Products;

(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or

(c) you informed us in writing in accordance with clause 2.1 before we accepted your order that delivery within your specified delivery deadline was essential.

17. International delivery

We do not deliver ReadAlong Products internationally to individuals, due to warranty, territory rights and after sales support.

18. Price of products and delivery charges

18.1. All Customers will pay the zero-rating VAT inclusive price for all ReadAlong Products ordered, to the extent that VAT applies, unless they fall within one of the following three categories:

(c) Customers eligible for zero-rating in relation to specified RNIB Products, to the extent that VAT applies:

Certain Products sold by RNIB have been specifically designed for disabled people and can be purchased subject to a zero rate of VAT (rather than the standard 20% rate) by eligible Customers, meaning that those Customers effectively pay the VAT exclusive price.

Customers will be eligible for this treatment if either: (i) they are blind or partially sighted individuals; or (ii) they are friends, family members or charities purchasing for, or on behalf of, blind or partially sighted individuals. In order to receive this treatment, the Customer will need to confirm at registration and on confirmation of an order that they qualify for this treatment. RNIB reserves the right to contact such Customers to confirm their status.

18.2 We reserve the right to change prices if there is a change to the rate of VAT and will aim to ensure that prices are correctly shown. However, very occasionally, an error may occur. In this unlikely eventuality, we will attempt to contact you at the email address you gave us when you placed your order. If we cannot contact you, or if we receive no response to our email, we will continue to process the other items in your order.

18.3 The price of a ReadAlong Product does include delivery charges. The delivery charges are zero as advised to you during the check-out process, before you confirm your order.

19. How to pay

19.1 You can only pay for ReadAlong Products using a debit card or credit card or through PayPal. We accept the following cards: Visa, MasterCard, Delta, Solo and Visa Electron. Processing of payment shall be governed by the terms and conditions of your card issuer or PayPal.

19.2 When making your payment, it is imperative that you provide the information that we specify is required, for example, the cardholder's name as it is shown on the card.

19.3 Payment for the ReadAlong Products and all applicable delivery charges are to be made in advance.

19.4 All card payments are subject to authorisation by your card issuer. However, if we do not receive your payment and you have already received the ReadAlong Products ordered from us, you must pay for these ReadAlong Products or return these ReadAlong Products in accordance with clause 15 and in the same condition that you received them at your own expense. If you do not do this within 30 days of the date on which we cancel your order, we may collect or arrange for collection of the ReadAlong Products at your expense.

19.5 All ReadAlong Products that you order through the Website will remain our property until we have received payment in full for those Products.

19.6 We reserve the right to charge for any damage or other adverse interference with any ReadAlong Products that are the subject of an unpaid order.

20. Our liability if you are a consumer

This clause 20 only applies if you are a Consumer.

20.1 If we fail to comply with these Sale Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Sale Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this Contract.

20.2 We only supply the ReadAlong Products for private use. You agree not to use the ReadAlong Product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

20.3 We do not in any way exclude or limit our liability for:

(a) death or personal injury caused by our negligence;

(b) fraud or fraudulent misrepresentation;

(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);

(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and

(e) defective products under the Consumer Protection Act 1987.

21. Events outside our control

21.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control.

21.2 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

(a) we will contact you as soon as reasonably possible to notify you; and

(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of ReadAlong Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

21.3 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us as described in clause 2. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.

22. Communication between us

If you are a Consumer you may contact us as described in clause.

23. Assignment

23.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Sale Terms. We will always notify you by posting on this Website if this happens.

23.2 You may only transfer your rights or your obligations under these Sale Terms to another person if we agree in writing.

24. Third party rights

This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

25. Invalidity

Each of the paragraphs of these Sale Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will not be affected and will remain in full force and effect.

26. Waiver

If we fail to insist that you perform any of your obligations under these Sale Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

27. Law and jurisdiction

If you are a Consumer, please note that these Sale Terms are governed and construed by English law. This means a Contract for the purchase of ReadAlong Products through the Website and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both irrevocably agree to that the English courts shall have exclusive jurisdiction to settle any dispute or claim arising out or in connection with a Contract for the purchase of ReadAlong Products through the Website.

Returns Policy

These terms do not affect your statutory rights. You can contact your local authority Trading Standards or Citizens Advice Bureau for further information.

Cancelling or amending your order

Cancellations or amendments cannot be made between placing your order and receiving your parcel; this includes address changes and adding or removing lines.

You’re able to refund your purchase within 14 days, from the day after you received the item(s). If you’ve received your order and wish to return it for a refund, please see the guidance under “Returning your product because you have changed your mind”.

Returning your product because you’ve changed your mind

It is your right to return the ReadAlong Product(s) within 14 days if you’ve changed your mind about keeping your purchase. Please inform us within 14 days from the day after you received the item(s) and we’ll give you a refund.

We reserve the right to deduct an amount from the refund if you have diminished the value of goods by handling them beyond what is necessary to establish their nature, characteristics and function.

We’ll reimburse you with undue delay, and not later than 30 days after we receive the goods back from you.

How to return a product

Please contact our Fundraising Team via the contact details listed below. They will liaise with you directly regarding the returns process.

Please ensure you return the item within seven days of communication with our Fundraising Team to ensure there are no delays processing your refund.

Please include your name, your email address, postal address and order number (found at the top of ReadAlong accompanying letter) to:

105 Judd Street

Damaged goods and packaging

On receipt of your goods, please ensure you open the packaging carefully and keep hold of it until you're sure that you are keeping the item. If you receive an item which you believe has been damaged in the post, please contact our Fundraising Team using the contacts details provided below within seven days of receipt of the item. Our team will liaise with your directly and will confirm that you can send the item back to:

105 Judd Street

On receipt of the item and confirmation of the postal damage, we will either refund or exchange. If the item is found not to be damaged, it will be returned to you.

How to contact RNIB

Phone: 0303 123 9999, Option 4

Email: fundraising@rnib.org.uk

Post: 105 Judd Street, London, WC1H 9NE

Prize Draw Terms & Conditions

1. The Promoter

The promoter is Royal National Institute of Blind People of 105 Judd Street, London WC1H 9NE (RNIB).

2. The Competition

2.1 The title of the competition is Complete an RNIB ReadAlong Audio Book Set Survey for the chance to win an Amazon Echo Dot 3rd Generation Smart Speaker.

2.2 On completion of an RNIB ReadAlong Audio Book Set Survey, you will be entered into a free draw. The first three entries drawn by an independent third-party computer process will each win an Amazon Echo Dot 3rd Generation Smart Speaker.

3. How to enter

3.1 The competition will run from 10 July 2020 (the "Opening Date") to 29 January 2021 (the "Closing Date") inclusive.

3.2 All competition entries must be received by the Promoter at the address set out at condition 1 or via fundraising@rnib.org.uk by no later than midnight on the Closing Date. All competition entries received after the Closing Date are automatically disqualified.

3.3 To enter the competition:

(a) send a completed RNIB ReadAlong Book Set Survey form which can be found enclosed alongside your ReadAlong book and audio set, to RNIB at 105 Judd Street, London WC1H 9NE.

(b) complete and submit a copy of the RNIB ReadAlong Book Set Survey online from our competition website on the RNIB website by the Closing Date.

(c) enter the competition by opting-in to receiving a telephone survey or an email survey on the purchase page of the ReadAlong Book Set Survey website by the Closing Date.

3.4 All entries must be accompanied by a valid email address to be entered into the prize draw. RNIB will use the email address only for the purpose of administering the prize draw in accordance with these terms and conditions.

3.5 RNIB will not accept:

(a) responsibility for competition entries that are lost, mislaid, damaged or delayed in transit, regardless of cause, including, for example, as a result of any postal failure, equipment failure, technical malfunction, systems, satellite, network, server, computer hardware or software failure of any kind; or

(b) proof of posting or transmission as proof of receipt of entry to the competition.

3.6 By submitting a competition entry, you agree to be bound by these terms and conditions.

3.7 For help with entries, please contact the RNIB helpline on fundraising@rnib.org.uk or calling 0303 123 9999, option 4 or see the RNIB website.

3.8 The three winners will be drawn at random using an independent third-party computer process.

4. Eligibility

4.1 The competition is only open to all residents in the UK aged 18 years or over, except

(a) employees of RNIB;

(b) employees of agents or suppliers of RNIB who are professionally connected with the competition or its administration, including Good Innovation and the Production Hub; or

(c) members of the immediate families or households of (a) and (b) above.

4.2 In entering the competition, you confirm that you are eligible to do so and eligible to claim any prize you may win. RNIB may require you to provide proof that you are eligible to enter the competition.

4.3 There is a limit of one entry to the competition per person. Entries on behalf of another person will not be accepted and joint submissions are not allowed.

5. The prize

5.1 The prize is an Amazon Echo Dot 3rd Generation Smart Speaker. RNIB is not responsible for any costs associated with using the prize, including without limitation connection or set-up costs or costs associated with internet or wi-fi access.

5.2 There is no cash alternative to the prize. RNIB reserves the right to substitute the prize with a prize of equal or greater value.

6. Winners

6.1 The winners will be chosen by random draw drawn by an independent third-party computer on 1 February 2021.

6.2 RNIB will contact the winners by email using the email address supplied before 5.00pm on 2 February 2021. The winners must supply a postal address to claim their prize and agree to the publication of their name and county in accordance with clause 6.3 below,

6.3 RNIB must either publish or make available information that indicates that a valid award took place. To comply with this obligation, RNIB will publish the surname and county of the prize winners on the RNIB website on 2 February 2021.

7. Claiming the prize

7.1 RNIB will send the prize to the postal address provided within 14 days of provision of the address.

7.2 RNIB will make all reasonable efforts to contact the winners. If the winners cannot be contacted or are not available, RNIB reserves the right to offer the prize to the next eligible entrant selected from the entries that were received before the Closing Date.

8. Limitation of liability

8.1 Insofar as is permitted by law, RNIB, its agents or distributors will not in any circumstances be responsible or liable to compensate the winner or accept any liability for any loss, damage, personal injury or death occurring as a result of taking up the prize except where it is caused by the negligence of RNIB, its agents or distributors or that of their employees. Your statutory rights are not affected.

9. Data protection and publicity

9.1 RNIB will only process your personal information as set out in the Privacy Policy. See also condition 6.3 with regard to the announcement of winners.

10. General

10.1 If there is any reason to believe that there has been a breach of these terms and conditions, RNIB may, at its sole discretion, reserve the right to exclude you from participating in the competition. You agree to be bound by these terms and conditions on entry to the competition.

10.2 RNIB reserves the right to hold void, suspend, cancel, or amend the prize competition where it becomes necessary to do so.

10.3 These terms and conditions shall be governed by English law, and the parties submit to the non-exclusive jurisdiction of the courts of England and Wales.