TERMS & CONDITIONS

www.linguaphone.co.uk, and its affiliates provide access to the www.linguaphone.co.uk website (the “website”) and sell our products to you subject to the conditions set out on this page.

Please read these conditions carefully before using the www.linguaphone.co.uk By using the www.linguaphone.co.uk website, you signify your agreement to be bound by these conditions. In addition, when you use any current or future www.linguaphone.co.uk service, you will also be subject to the guidelines and conditions applicable to that service.

Pricing and availability

All prices shown on the website are in Great British Pounds (GBP) and customers will be billed in this currency. By confirming your order you are confirming that you understand and are aware of this. No refunds are available for customers who mistake prices for that of another currency. The prices displayed on our websites are shown inclusive of VAT (where applicable) at the appropriate rate.

Despite our best efforts, a small number of the products in our catalogue may be mispriced. Rest assured, however, that we verify prices as part of our dispatch procedures. If a product’s correct price is lower than our stated price, we charge the lower amount and send you the product. If a product’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before dispatch or cancel your order and notify you of such cancellation.Note: we cannot confirm the price until after you have placed your order.

All orders are subject to availability. In the event of a course being unavailable, our Customer Services team will contact you to advise you of the expected due date. In all cases we will endeavour to deliver your course to you as quickly as possible.

We do our best to list availability information for the products sold by us on our websites. Beyond what we say on our websites, we cannot be more specific about availability. Please note that dispatch estimates are just that. They are not guaranteed dispatch times and should not be relied upon as such. As we process your order, we will inform you by email if any products you order turn out to be unavailable.

Course delivery

Goods are dispatched for delivery within the UK and Ireland, Monday to Friday 8.00am to 6.00pm at the charges shown on the website, and in many cases we do require a signature. Therefore, we would ask that you provide a daytime address, such as a work, neighbour’s or friend’s address, where there will be someone available to sign for the delivery. Please note, we cannot ship to PO Box addresses. All courses dispatched for delivery outside of the UK will be delivered by a registered carrier at the charges shown on our website.

As a guide, delivery times within the UK and Ireland are 5 working days (subject to stock availability). For deliveries outside the United Kingdom please allow up to 7 working days for delivery. The Linguaphone Group does not accept any responsibility for charges or delays caused by international customs.

Where there is an item out of stock, we will contact you to inform you of the expected delivery date.

Customs

When ordering goods from www.linguaphone.co.uk for delivery overseas you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from our websites, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods. Your privacy is important to us and we know that you care about how information about your order is used and shared. We would like our international customers and customers dispatching products internationally to be aware that cross-border deliveries are subject to opening and inspection by customs authorities. For more information see Customs Information.

Returns and Cancellation policy

21 Day trial period and cancellations

Linguaphone courses ordered via the website where the delivery and sales invoice addresses are within the UK, Ireland or Spain are covered by a 21 day trial period. If at the end of this period you are not happy with your purchase, simply return the product (and any free gift) to us in saleable condition to receive a full course refund (less the shipping fee)

This trial period does not apply to customers who purchased a course through our Daily Mail promotion. This trial period also does not apply to PDQ or allTalk downloads, uTalk and other online subscription or downloadable language course services.Once you have confirmed any order for a download, we will unfortunately be unable to refund your purchase unless otherwise specified on the course web page

For more information about your other statutory rights, please visit the visit the website of the Department for Business, Enterprise & Regulatory Reform

Returns

If you are still within your 21-day trial period, you may return the course to us at the following address:

Linguaphone Returns, PO Box 225, Mullaghboy Industrial Estate, Navan, Ireland

You will need to enclose a covering letter with your full name and address, Customer Reference Number (which can be found on your web order e-mail receipt or in your Linguaphone account) and reason for return. At the Post Office please obtain a “Certificate of Posting” from the cashier, which acts as your receipt, and you should allow seven to ten working days for delivery. Please ensure that you keep the “Certificate of Posting” in a safe place, until you have received confirmation of your refund from us.

Returned courses must be in saleable condition.

Linguaphone Group’s policy on recycling

The Linguaphone Group strongly believes in recycling products to help preserve our environment. To highlight this we are a supporter of the government’s WEE-DTB (Waste, Electrical and Electronic Equipment Distributor Take-Back) initiative and follow the government’s guidelines on the disposal of used electrical equipment.

All electrical and electronic equipment placed on to the market must be marked with the wheelie bin symbol to indicate that it is covered by the WEE-DTB directive. This includes the Linguaphone’s range of allTalk MP4 players.

In support of this directive, and as the producer and distributor of Linguaphone’s allTalk MP4 player, we will make arrangements for the recycling of this product. So if you purchase a Linguaphone allTalk MP4 player from us, and wish to responsibly dispose of your old MP4 player, please contact our customer services team on [email protected] We will arrange for the collection and disposal of your MP4 player.

Alternatively if you wish to recycle the item yourself please visit www.recycle-more.co.uk for more information.

Special Offers

Unless otherwise stated, any offer, promotion or discount on www.linguaphone.co.uk is not applicable in conjunction with any other offer and is only available to delivery addresses within the UK. Although deliveries are normally delivered between 5-7 days, you should allow 28 days for delivery (subject to stock availability). Please email the Customer Services team at [email protected] if you are unsure about the delivery date and require clarification. Special offers displayed on the www.linguaphone.co.uk website are applicable to the specified Linguaphone products only andNOT those of any partners, linked or associated sites unless expressly stated. All orders are accepted at price ruling at date of receipt of order. Linguaphone reserves the right to changes promotions or special offers at any time. Additional terms and conditions may apply for affinity partnerships and these will be included on the relevant website page.

Online subscription services

When accessing our online subscription services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your username or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.

Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering.

www.linguaphone.co.uk reserves the right to refuse access to the service, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order, it will be without charge to you.

Privacy Policy

Please review our Privacy Policy, which governs your visit to www.linguaphone.co.uk and the use of our online subscription services.

Access to www.linguaphone.co.uk and our online subscription services

We will always try to ensure that availability of our websites and online subscription services will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.

Licence for website access

www.linguaphone.co.uk grants you a limited licence to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of www.linguaphone.co.uk. This licence does not include any resale or commercial use of these websites or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of these websites or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

These websites or any portion of these websites may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.

You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of www.linguaphone.co.uk, and its affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilising www.linguaphone.co.uk , or its affiliates’ names or trademarks without the express written consent of www.linguaphone.co.uk. Any unauthorised use terminates the permission or license granted by www.linguaphone.co.uk.

You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the welcome page of www.linguaphone.co.uk as long as the link does not portray www.linguaphone.co.uk, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any www.linguaphone.co.uk logo or other proprietary graphic or trademark as part of the link without our express written consent.

Your Conduct

You must not use our websites in any way that causes, or is likely to cause, the websites or access to it to be interrupted, damaged or impaired in any way.

You understand that you, and not www.linguaphone.co.uk, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only.

You must not use the www.linguaphone.co.uk websites for any of the following: for fraudulent purposes, or in connection with a criminal offence or other unlawful activity to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any “spam” to cause annoyance, inconvenience or needless anxiety.

Communications and other content

Users of our websites and online subscription services may send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. www.linguaphone.co.uk reserves the right (but not the obligation) to remove or edit any content.

If you do post content or submit material, and unless we indicate otherwise, you grant www.linguaphone.co.uk and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant www.linguaphone.co.uk and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to www.linguaphone.co.uk, including the execution of deeds and documents, at the request of www.linguaphone.co.uk.

You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is submitted to www.linguaphone.co.uk : (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable www.linguaphone.co.uk policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify www.linguaphone.co.uk and its affiliates for all claims brought by a third party against www.linguaphone.co.uk or its affiliates arising out of or in connection with a breach of any of these warranties.

Defamation claims

www.linguaphone.co.uk operates on a “notice and takedown” basis. If you believe that any content on, or advertised for sale on, the websites contains a defamatory statement, please notify us immediately by following our Notice and Procedure for Notifying of Defamatory Content. Once this procedure has been followed, www.linguaphone.co.uk will make all reasonable endeavours to remove the defamatory content complained about within a reasonable time.

Copyright and database rights

All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of www.linguaphone.co.uk, its affiliates or its content suppliers, and is protected by United Kingdom and international copyright and database right laws. The compilation of all content on this website is the exclusive property of www.linguaphone.co.uk and its affiliates and is protected by United Kingdom and international copyright and database right laws. All software used on this website is the property ofwww.linguaphone.co.uk, , our affiliates or our software suppliers and is protected by United Kingdom and international copyright laws.

You may not systematically extract and/or re-utilise parts of the contents of the website without express written consent from www.linguaphone.co.uk In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this website, without express written consent from www.linguaphone.co.uk . You also may not create and/or publish your own database that features substantial (e.g. our prices and product listings) parts of this website without express written consent from www.linguaphone.co.uk

www.linguaphone.co.uk, and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.

Trademarks and other intellectual property

www.linguaphone.co.uk, Linguaphone, www.linguaphone.com, www.linguaphone-ishop.co.uk, the Linguaphone logo and other marks indicated on our websites are trademarks, registered trademarks, or intellectual property of the Linguaphone Group Limited (collectively “Linguaphone”), in the European Union and/or other jurisdictions. The graphics, logos, page headers, button icons, scripts and service names of www.linguaphone.co.uk are the trademarks or intellectual property of Linguaphone and/or De Barra Publishing Ltd.

Linguaphone’s trademarks and intellectual property may not be used in connection with any product or service that is not Linguaphone’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Linguaphone. All other trademarks not owned by Linguaphone that appear on these websites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Linguaphone.

Conditions Relating to the Sale of Products to You

This section deals with conditions relating to the sale of products by www.linguaphone.co.uk to you.

Our contract

When you place an order to purchase a download or an online subscription from our websites, payment is made to us by credit /debit card. Once payment has been made, this is a contract of order and your download or subscription will automatically commence.

When you place an order to purchase any other product from www.linguaphone.co.uk we will send you an e-mail confirming receipt of your order and containing the details of your order. Your order represents an offer to us to purchase a product which is accepted by us when we dispatch that product to you. That acceptance will be complete at the time we send the product to you as accompanied by the requisite Sales Invoice. Any products on the same order which we have not dispatched do not form part of that contract.

Children

www.linguaphone.co.uk does not sell products for purchase by children. If you are under 18, you may use www.linguaphone.co.uk only with the involvement of a parent or guardian.

Other businesses

We may provide links to the websites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of, any of these businesses or individuals or the content of their websites. www.linguaphone.co.uk does not assume any responsibility or liability for the actions, product, and content of any of these and any other third parties. You can tell when a third party is involved in your transactions, and we may share customer information related to those transactions with that third party. You should carefully review their privacy statements and other conditions of use.

Electronic communications

When you visit www.linguaphone.co.uk or send e-mails to us, you are communicating with us electronically. In respect of your order we communicate with you by e-mail or by posting notices on the website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights. Please refer to our Privacy Policy for more details.

Telephone communications

To communicate with us by telephone please call on
From UK: 020 3603 6554
From Republic of Ireland: 01 9022240

Alteration of Service or Amendments to the Conditions

We reserve the right to make changes to our websites, policies, and these Conditions of Use & Sale at any time. You will be subject to the policies and Conditions of Conditions of Use & Sale in force at the time that you use the websites or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

Events beyond our reasonable control

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.

Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Governing law and jurisdiction

These conditions are governed by and construed in accordance with the laws of England and Wales. You agree, as we do, to submit to the non-exclusive jurisdiction of the English courts.

Our details

This website is owned and operated by De Barra Publishing Limited under licence from LG & DE Limited.

For www.linguaphone.co.uk
De Barra Publishing Ltd. PO Box 225, Mullaghboy Industrial Estate, Navan, Co. Meath , Ireland

You can contact us by visiting the contact us page.

If you believe that your work has been copied in a way that constitutes copyright infringement, copy the “Notice to www.linguaphone.co.uk of Copyright Infringement” below into your word processor programme, complete it in accordance with the instructions in the Notice and send a printed, signed copy to: Copyright Claims, www.linguaphone.co.uk. Legal Department, 3rd Floor CI Tower
St. George’s Square, New Malden, KT3 4HG, United Kingdom

Please note that this procedure is exclusively for notifying www.linguaphone.co.uk that your copyrighted material has been infringed. Please provide your address, telephone number, and e-mail address. Important Warning: giving false, misleading or inaccurate information in the Notice to www.linguaphone.co.uk of Copyright Infringement may result in civil and criminal liability.

Notice to www.linguaphone.co.uk of Copyright Infringement

In the matter of www.linguaphone.co.uk

Statement

I, [please set out your full name] of [please give your postal address], [please state your occupation], say as follows:

I refer to the website www.linguaphone.co.uk. I make this statement in support of my giving www.linguaphone.co.uk notice that, via the website, it is causing or contributing to an infringement of copyright. The work in which copyright is claimed to subsist is [please clearly identify and describe the copyright work(s) claimed to be infringed] (“Copyright Work”). [I am] OR [I am authorised to act on behalf of] the owner of an exclusive right in the Copyright Work that is claimed to be infringed. [If the person making the statement is acting on behalf of the Complainant please include the following:] The person/entity claiming that its rights in the Copyright Work have been infringed is [please state name and address of the person/entity] (“Complainant”). I am [please explain the relationship of the signatory to the Complainant]. The material which is claimed to infringe the Copyright Work (“Infringing Material”) is: [please clearly identify and describe the infringing material or work(s)]. The Infringing Material (delete whichever paragraph is not applicable): (a) [is] OR [is part of a (book/CD/DVD/video/MP4 player) entitled (title and author)] available for purchase from www.linguaphone.co.uk via the website. [If the Infringing Material comprises only part of the relevant title, include the following:] The Infringing Material comprises [please describe where in the product the copyright work appears, eg: pages, track numbers, video/DVD timecode] of this product.

(b) appears on the website at [please cut and paste the address of the relevant Web page from the website where the Infringing Material appears].

The use of the Infringing Material described in paragraph 5 infringes [my rights] OR [the rights of the Complainant] in the Copyright Work and is not authorised by the copyright owner, its agent(s), or the law. I understand that this statement may be used in any court proceedings that may arise out of or relating to the Infringing Material.

Statement of Truth

I declare the facts stated above to be true.

Signed:

Date:

Notice and Procedure for Notifying www.linguaphone.co.uk of Defamatory Content

If you believe that any content on, or advertised for sale on, the website contains a defamatory statement, please notify us immediately by copying the “Notice to www.linguaphone.co.uk of Defamatory Content” below into your word processor programme, complete it in accordance with the instructions set out in the Notice and send a printed signed copy to: Defamation Notices, www.linguaphone.co.uk. Legal Department, Linguaphone , PO Box 225 , Mullaghboy Ind Estate, Navan , Co.Meath Ireland. Please note that this procedure is exclusively for notifying www.linguaphone.co.uk of Defamatory Content on or advertised for sale on the www.linguaphone.co.uk website. Please provide your address, telephone number, and e-mail address when sending the notice to us.

Important Warning: giving false, misleading or inaccurate information in the Notice to www.linguaphone.co.uk of Defamatory Content may result in civil and criminal liability.

Notice to www.linguaphone.co.uk of Defamatory Content

In the matter of www.linguaphone.co.uk

Statement

I, [please set out your full name] of [please give your postal address], [please state your occupation], say as follows:

(a) appear in a book being sold by www.linguaphone.co.uk via the website entitled [please state the book name and its author]. The defamatory words appear on page [please state the page number(s) where you consider there are defamatory words].

(b) appear on the website at [please cut and paste the address of the relevant Web page from the website where the defamatory words appear].

The words that I consider to be defamatory are [please repeat the exact words you are complaining about]. These words are defamatory because [please state why you consider the words are defamatory]. The defamatory words are untrue because [please explain why the words complained of are untrue and what you believe the true position is]. I understand that this statement may be used in any court proceedings that may arise out of or relating to the defamatory words which I have complained about.

Statement of Truth

I declare the facts stated above to be true.

Signed:

Dated: