PAYMENT & SUBSCRIPTIONS TERMS AND CONDITIONS
EnCantada UK will endeavour to protect a customer’s rights as per the conditions of the Consumer Rights Act 2015 for the services they provide. The customer is entitled to the services paid for as per the conditions outlined in this document by adhering to the terms. The company is entitled to the payment of services provided to the customer and reserves the right to retrieve payment should there be a breach of the conditions agreed to by the customer in this document.
The terms and conditions outlined in this document apply to the use of www.encantada.co.uk – the ‘site’ as referred to throughout is owned and operated by EnCantada UK.
Signing up to use this site, indicates that have read, understand and agree to abide by these terms and conditions at all times. Users of www.encantada.co.uk are referred to as ‘user’ throughout.
The sale of digital content is subject to specific Right to Cancel guidelines as stated under the Consumer Contracts Regulations. This is outlined in full in section 10 of this document. Please take time to read this section carefully before purchasing your subscription.
1. Fees and Costs
1.1 Fees payable by the customer for the services shall be the fees chargeable by EnCantada UK for such services current at the date of provision as detailed on the site under the page titled ‘Plans/Pricing’.
1.2 Services available on the site are categorised as Digital Content and will be paid for at the time of subscribing and thereafter in accordance to the chosen subscription plan.
1.3 Goods available on the site are categorised as Teaching Resources and include downloadable teaching resources and Bookmarks & Stickers and will be paid for as part of the chosen subscription plan.
1.4 It is our legal duty to supply the services and goods matching the description of those ordered on the site. All information, descriptions or images provided of such goods and services are as accurate as possible. However, by agreeing to these terms and conditions, you are agreeing to purchase these goods and services from our site at your own risk.
1.5 Should the instance occur where it is necessary to modify, reject or cancel your subscription to our services, we reserve the right to do so. Any processed payments that have already been made prior to cancellation of services will be refunded equal to the amount you have paid. It will be your responsibility to monitor your payment instrument and verify receipt of any refund.
2. Payments
2.1 The following payment methods for subscriptions are accepted on the site:
2.2 Providing us with your payment information indicates that you authorise our use of and access to your chosen payment instrument and allow us to charge the amount due when required from this payment instrument.
2.3 We reserve the right to cancel or reverse a transaction should we believe there to be a violation of any law or the terms and conditions stated in this document.
3. Subscriptions
3.1 Subscription time periods are stated clearly under the Plans/Pricing page on the site. Once registered for your chosen time period of subscription, your payment is made for that time period only and cannot be amended.
3.2 Subscriptions to EnCantada UK services will be automatically renewed alongside billing for these services. This will continue until we receive notification of subscription cancellation.
3.3 To cancel your subscription please visit the www.encantada.co.uk/my-account page. If you choose to cancel your subscription during the term period you have purchased, no refunds will be issued for the remaining time period.
Section 3.4 – If you are signed up to an EYFS subscription this may only be accessed in your setting, not multiple settings. If you are part of a chain you need to purchase additional subscriptions for each setting, logins may not be shared.
Section 3.5 – If you are signed up for a ‘home’ use subscription, this is for use by parents or carers in a home setting. Logins may not be shared. This package is not for use by an EYFS user.
4. Free Trial
4.1 The free trial class is offered as a no obligation trial of our goods and services with free access to our Essential and Enhanced packages.
4.2 You can choose to sign up to a paid subscription after viewing the sample class content and accompanying resources.
4.3 You are under no obligation to make payment for using the free trial class therefore there is no requirement to cancel.
4.4 By registering for the free trial class, you are providing your contact information which will be used for further communication from EnCantada UK about our online service. Your details will never be passed to a third party for any other uses and will remain on our mailing list unless you state otherwise.
5. Intellectual Property
5.1 All content published and made available on the site is the property of EnCantada UK and the site’s creators. This content is intended only for use by subscribers. This includes, but is not limited to:
- Images, text and logos
- Video content, songs and lyrics
- Downloadable resources, documents and files
- Bookmarks and stickers purchased with Premium packages
5.2 This property may not be resold or replicated in any way as doing so would be deemed a violation of these terms and conditions.
5.4 Should you be found in violation of these terms and conditions, we reserve the right to suspend or terminate your account and/or take legal action.
6. Acceptable Use
6.1 As a user of our site in any capacity you agree to use this site for legal purposes only. You may not:
- Violate the intellectual property rights of the site.
- Gain access to the accounts of any other user on the site including sharing usernames or passwords of another user of the site.
- Act in any way that would be considered fraudulent.
7. Accounts
7.1 By creating an account on the site, you are agreeing to the following:
- You are the sole user and take responsibility for the security and privacy of your account including usernames, passwords and sensitive information.
- You are providing us with information that is current and accurate and you will update us should there be any changes to this information.
7.2 We reserve the right to suspend or terminate your account should you violate these terms and conditions, or are found to be using this site illegally.
8. Sales of Goods and Services
8.1 The terms and conditions outlined in this document govern the following sales of goods and services available on our site:
- Goods:
- Bookmarks & Stickers (Premium subscription)
- Accompanying teaching materials and resources
It is our legal duty to supply these goods matching the description that you order on our site.
- Services:
- Online learning videos
- Termly Zoom/Teams meeting with Premium subscribers
8.2 The services ordered will be paid for in full upon subscription as per the chosen payment period.
9. Shipping and Delivery
9.1 Where goods are purchased through the site as part of the Premium subscription package, these will delivered via the following methods:
- UK – Royal Mail Signed – 5-7 working days
- International – Royal Mail International Tracked & Signed 5-7 working days.
9.2 Please allow a maximum of 30 days for delivery of goods once an order has been placed. You will not be charged for delivery of goods. These will take place as soon as reasonably possible upon receipt of your order. Delivery times do not include weekends or bank holidays and may vary due to unforeseen circumstances.
9.3 If you have placed an order for delivery of goods from a destination outside of the UK, your purchase may be subject to taxes and import duties applied by the destination country for which you are responsible for paying. Your local customs office should have the capacity to provide such information so please contact them before making purchase for clarification. EnCantada UK is not responsible for the payment of any such duties or taxes, or liable for any failure of such payments.
9.4 A signature will be required upon receipt of delivery, at this point, EnCantada UK is no longer responsible for the condition of the goods and no replacements will be issued for damage after signature upon delivery.
10. Right to Cancel & Reimburse
10.1 For UK and EU Residents – Upon registering and receipt of payment to EnCantada UK for use of the site, access will be granted and material will be available immediately to view and download. This will take place before the 14 day cancellation period expires as stated under the Consumer Contracts Regulations. Your action to access these materials immediately removes your right to cancel services within the 14 day period.
10.2 Please ensure before purchasing a subscription package that you are aware that you have no right to cancel services within a 14 day period and that you have chosen the correct package for your own specific use.
10.3 Queries regarding subscription packages can be sent to info@encantada.co.uk.
11. Refunds & Replacements
11.1 Refunds will not be issued for services or goods provided (see 10.1 – Rights to Cancel & Reimburse).
11.2 Replacements can be made for goods received which are deemed not fit for purpose upon delivery due to damage in transit. Please email: info@encantada.co.uk or call us on: 07939286068 if the goods you receive arrive damaged upon delivery. Please note that this is a UK Mobile telephone number, so if you wish to contact us from outside of the UK, please do so via email first.
12. Other terms
12.1 Warranties and Representations
Each party warrants and represents that, as at the date of this agreement, it has full capacity and authority to enter into this agreement.
12.2 Modifications and Additional Terms
EnCantada UK reserves the right to modify these T&Cs without prior notice. Such changes may be required to take place to reflect changes in the law, or the ways users access our site. Users will be notified of any changes made via email or posted on the site itself and will be clearly stated. The remaining and unchanged provisions in this document will not be affected and will remain valid.
12.3 Governing Law and Dispute Resolution
The agreement shall be governed by British Law. Any dispute under this agreement shall be submitted to the exclusive jurisdiction of British courts.
12.4 Limitation of Liability and Indemnity
EnCantada UK will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the site. As a user of this site, except where prohibited by law, you indemnify EnCantada UK from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of the site or your violation of these terms and conditions.
12.5 Force Majeure
EnCantada UK shall be entitled to delay or cancel goods and services or to reduce the amount of goods and services if it is prevented from or hindered in or delayed in the provision of services through any circumstances beyond its reasonable control including strike, lock-out, accident, war, government action, national emergency, act of terrorism, protest, riot, civil commotion, explosion, flood, epidemic, fire.
12.6 Handling of Sensitive Data
EnCantada UK’s Confidentiality and Data Protection Policy applies to the handling of sensitive data for all users of the site. This is available upon email request from info@encantada.co.uk.
12.7 Third Party Contracting
EnCantada UK reserves the right to assign or sub-contract its obligations or rights under this agreement to a competent third party in whole or in part should this be deemed necessary.
