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Terms of sale

Please read the following carefully. By ordering products or booking services you are agreeing to following terms and conditions. If you have any questions, please contact us.

  1. Introduction
    1. These terms and conditions govern the sales of goods and services by Down Syndrome Education USA.
  2. Contracting party
    1. Any contract for the purchase of goods or services will be with Down Syndrome Education USA.
  3. Contact acceptance and payment
    1. Our acceptance of your order brings into existence a legally binding contract between us on these terms. Any term sought to be imposed by you in your order will not form part of the contract.
    2. Contracts and payments for the supply of goods are accepted as follows:
      1. We must receive payment of the whole of the price for the goods that you order, and any applicable delivery charges, before your order can be accepted, and the contract formed.
      2. Credit card payments for goods ordered online or by telephone are not taken until the point of dispatch of the goods to you. We will wait to confirm the clearance of funds from other forms of payment (checks, bank transfers) prior to shipping. If you buy from us in person you will be charged at the time you place your order.
      3. Your order for goods is an offer to buy from us. Nothing that we do or say will amount to any acceptance of that offer until we actually ship goods to you, at which point a contract will be made between us. At any point up until then we may decline to supply an item to you. Where items are shipped separately, our acceptance of the order in respect of each item takes place when that item is dispatched.
    3. Contracts and payments for the supply of contract training and consultancy services (those that are supplied on a bespoke or individual basis) are accepted as follows:
      1. Contract training and consultancy services are offered as specified in our Services Booking Agreement that will be provided to you on request of a booking.
      2. To accept an offer to supply training and consultancy services, you must sign and return the Services Booking Agreement along with an due payments.
      3. Except where other terms have been explicitly agreed, payments in respect of training and consultancy services are required as follows:
        • On receipt of signed Booking Agreement: 20% of all invoiced fees and expenses.
        • On or before 120 days prior to the first date of supply of services: 30% of all invoiced fees and expenses.
        • On or before 60 days prior to the first date of supply of services: 30% of all invoiced fees and expenses.
        • On or before 14 days prior to the first date of supply of services: 20% of all invoiced fees and expenses.
        • Within 14 days of invoice: all additional fees and expenses invoiced on or after the event.
      4. Nothing that we do or say will amount to any acceptance of an offer to supply training and consultancy services until we have received a signed Booking Agreement and due payments (authorized credit card payment or cleared funds from a check or bank transfer), at which point a contract will be made between us. At any point up until then we may decline to supply any offered services.
      5. Offers to supply services on specific dates are made in good faith and we will endeavor to hold open options for you for up to 2 weeks. However, we reserve the right to accept alternative bookings and cannot commit to availability on specific dates until we confirm that a contract is concluded.
    4. Contracts and payments for the supply of delegate places at hosted conferences and seminars are accepted as follows:
      1. Except where other terms have been explicitly agreed, we must receive payment of the whole of the price for the delegate places that you order, and any applicable accommodation charges, before your order can be accepted, and the contract formed.
      2. Credit card payments for delegate places will be taken at the time of ordering. We will confirm clearance of funds receivable from other forms of payment (checks and bank transfers) prior to confirmation of booking.
      3. Your order for delegate places and/or accommodation at hosted conferences and seminars is an offer to buy from us. Nothing that we do or say will amount to any acceptance of that offer until we actually confirm your booking, at which point a contract will be made between us. At any point up until then we may decline to supply delegate places and/or accommodation to you.
    5. If we decline to supply goods or services to you and you have already paid for them, we will give you a full refund of any amount already paid in respect of the goods or services.
  4. Descriptions, prices and product information
    1. We provide information about our products and services on our web sites, and in our leaflets and brochures. We have taken care to describe and show items as accurately as possible. Despite this, slight variations may occur.
    2. Every effort is made to ensure that prices shown for products and services are correct at the time leaflets and brochures go to print and when the details are posted on our web sites. Prices in brochures and leaflets may go out of date. Prices on our online shop (http://store.dseusa.org/)  and on the main Down Syndrome Education USA web site (http://www.dseusa.org/) are regularly updated. If there is a difference between the price for a product or service in a brochure or leaflet and the prices shown on our web sites, you will be charged the price on the online shop.
    3. If, by mistake, we have under-priced a product or service, we will not be liable to supply it to you at the stated price, provided that we notify you before we ship the product or confirm booking of the service. If we have we have under-priced a product or service, we will notify the correct price to you so you can decide whether or not you wish to order it at that price. If you decide not to order it, we will give you a full refund on any amount already paid for that item.
    4. All prices are expressed exclusive of any sales tax due unless otherwise stated. The prices of physical products do not include delivery charges, which will depend on the delivery method you choose. The rate applicable for the delivery charge will be calculated at the date you place your order.
    5. Sales tax will be charged as required by prevailing regulations.
  5. Special offers
    1. Multi-buy offers exclude postage and packing and apply to specified products only, which are subject to change and availability.
    2. If you choose to purchase a product from a multi-buy offer, but do not purchase enough products to qualify for the special discount, the product will be charged at the normal price. Please note that on 3 for 2 promotions (and other multi-buy offers), the lowest priced title will always be the 'free' item.
  6. Customs charges
    1. If you are ordering goods for delivery outside of the USA, please note that your consignment may be subject to import duties and taxes, which are levied once the goods reach the country of destination.
    2. Any such charges levied in relation to customs clearance must be borne by you.
    3. It is accepted by you that we have no control over additional charges in relation to customs clearance. We recommend that you check with your local customs officials or post office for more information regarding importation taxes/duties that may be applicable to your order.
  7. Availability of products
    1. We try to ensure that we always stock the full product range. If an item is out of stock it will usually be labeled out of stock on online shop. Currently, technical limitations mean that there can be a short delay between the sale of an item and the update of stock availability on the web site, so it is possible for the web site to briefly indicate incorrectly that a product is available. If you order from us by phone or in person you will be told if the item is in stock.
    2. If you wish to confirm stock availability or the likely delay in obtaining an item that is out of stock, please contact us.
    3. To ensure general availability for all customers, customers may be requested to accept a delay in delivery for particularly large orders.
    4. If for any other reason beyond our reasonable control we are unable to supply a particular item, we will not be liable to you except to ensure that you are not charged for that item.
  8. Delivery of goods
    1. Delivery will be made to the address specified when you complete the order. We use a variety of delivery methods, depending on the weight and size of the item you order, the destination and the speed with which you wish to receive it.
    2. We aim to dispatch orders within 2 business days of receipt, subject to payment.
    3. We will contact you to let you know if we are having any problems getting an item to you within our usual order processing and delivery times.
    4. Sometimes a signature is required at delivery. By placing an order you are authorizing us to accept signature from another person on your behalf if you need to sign for an item and you are not present at the time of delivery. For some shipments that do not require a signature at delivery you may be able to give instructions explaining if and where you would like the item to be left if no one is present at the time of delivery, such as with a neighbor.
    5. Ownership of an item will not pass to you until we have delivered the item to you (either directly, or by leaving it in a safe place or with a neighbor). When an item is delivered, risk of damage to or loss of the item passes to you.
  9. Notification of delivery problems
    1. We will not be liable for failed or incorrect deliveries, or for damaged or defective goods unless:
      1. You notify us of incorrect, damaged or defective goods within 21 days of delivery.
      2. You notify us of non-delivery within 21 days of the date on which the goods were dispatched.
    2. If you notify us of a delivery problem, we will either make good any shortage or non-delivery, replace or repair any goods that are damaged or defective, or refund to you the amount paid.
    3. We will not be liable to you for any indirect or consequential loss or damage arising out of any delivery problem and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question.
    4. Nothing in this condition is, however, intended to limit any rights you might have as a consumer under applicable local law that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
  10. Product returns policy
    1. Our standard 21 days product returns policy applies to all customers (personal, education institutions, nonprofit and business organizations) in all locations.
    2. We hope that you will be delighted with our products. If for any reason you are not entirely satisfied with your purchase of products from us, you can return it to us in its original condition within 21 days of the date you received the item(s), unopened (with any seals and shrink-wrap intact) and we will issue a full refund for the price you paid for the item.
    3. We can only accept the return of opened items if they are faulty.
  11. Cancellation of contract training and consultancy bookings
    1. To cancel booked contract training or consultancy services, please contact us.
    2. We will refund all fees received in respect of cancelled training and consultancy services subject to the following cancellation charges:
      1. For bookings cancelled on or before 120 days prior to the first date of supply of services: 20% of all invoiced fees.
      2. For bookings cancelled on or before 60 days prior to the first date of supply of services: 40% of all invoiced fees.
      3. For bookings cancelled on or before 30 days prior to the first date of supply of services: 60% of all invoiced fees.
      4. For bookings cancelled with less than 30 days notice: 100% of all invoiced fees.
    3. We will refund any expense payments made in advance of an expense being incurred or where a refund can be obtained in relation to the particular expense.
  12. Cancellation of conference delegate bookings
    1. To cancel booked contract training or consultancy services, please contact our booking agent.
    2. We will refund all delegate fees received in respect of cancelled delegate places at hosted conferences and seminars subject to the following cancellation charges:
      1. For bookings cancelled on or before 120 days prior to the first date of supply of services: 20% of fees.
      2. For bookings cancelled on or before 60 days prior to the first date of supply of services: 40% of fees.
      3. For bookings cancelled on or before 30 days prior to the first date of supply of services: 60% of fees.
      4. For bookings cancelled with less than 30 days notice: 100% of all invoiced fees.
    3. Refunds of accommodation charges in relation to cancelled delegate places at hosted conferences and seminars will be dependent on the booking terms and conditions of the venue supplying the accommodation. These will be provided at the time of booking.
  13. Refund policy
    1. If you are entitled to a refund, we will refund you as follows: If you paid by cash and obtain your refund in person, we will refund you in cash up to a limit of $200; for all other refunds of cash purchases, we will send you a check; if you paid by payment card, we will refund you on the payment card; if you paid using a discount voucher, we will provide an equivalent discount voucher.
  14. Disclaimers and Limitation of Liability
    1. Whilst every effort has been made to ensure the high quality and accuracy of the information and guidance provided through our products and services, we make no warranty, express or implied concerning our products or services.
    2. To the extent permitted by law, we exclude all representations and warranties (whether express or implied by law), including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement and accuracy.
    3. Nothing in these terms limits or excludes the liability of Down Syndrome Education Enterprises USA for death or personal injury caused by their proven negligence. Subject to the previous sentence, we shall not be liable for any of the following losses or damage (whether such damage or losses were foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of our products and/or services regardless of the form of action.
    4. In no event will any liability of Down Syndrome Education Enterprises USA, their affiliates, agents and licensors to you (and/or any third party) arising out of any kind of legal claim (whether in contract, tort, or otherwise) in any way connected with the supply of products or services or breach of these terms and conditions by us exceed the amount, if any, paid by you to us in respect of the particular service to which the claim relates.
    5. Upon our request, you agree to defend, indemnify and hold harmless Down Syndrome Education Enterprises USA from any claims and expenses, including reasonable legal fees, related to any breach of these terms and conditions by you.
  15. Force Majeure
    1. We will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of goods and/or services resulting directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labor problems, wars, or governmental restrictions.
  16. Assignment
    1. This agreement is personal to you and your rights and obligations under these terms and conditions may not be assigned, sub-licensed or otherwise transferred.
  17. Non-waiver
    1. The failure or delay of Down Syndrome Education USA to exercise or enforce any right in these terms does not waive their right to enforce that right.
  18. Severability/Survival
    1. If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive and continue to be binding and enforceable.
  19. Statute of Limitations
    1. Any cause of action of yours with respect to these terms and conditions must be filed in a court of competent jurisdiction in California, USA, within one year after the cause of action has arisen, or such cause will be barred, invalid, and void.
  20. Governing Law and Jurisdiction
    1. These terms and conditions shall be governed by, and construed in accordance with, the law of the State of California. The parties irrevocably agree that the courts of the State of California shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these terms and conditions or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the State of California.
    2. For the exclusive benefit of Down Syndrome Education USA, we retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these terms and conditions are entered into in the course of your trade or profession, the country of your principal place of business.

If you have any questions about these terms and conditions, please email sales@dseusa.org or write to:

Down Syndrome Education USA
1451 Quail Street, Suite 110
Newport Beach, CA 92660-2747
USA

These terms and conditions were last updated on August 1, 2012.

The latest version can be found at http://www.dseusa.org/terms-of-sale/