Terms and Conditions of Use

Thank you for your interest in the Real Love Rocks products. Your order is subject to the terms and conditions set out below. Please note the authorised use of the products outlined at Clause 8 and 9.

Our terms

These terms
- What these terms cover. These are the terms and conditions on which we supply products to you, whether these products are Real Love Rocks educational resources packs (“packs”), Real Love Rocks teaching and training (“services”) or Real Love Rocks online content (“digital content”).
- Why you should read them. These terms tell you who we are, how we will provide products to you, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
- Entire agreement with you. These terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation based on any statement in this agreement.
Information about us and how to contact us
- Who we are. We are Barnardo’s, a registered charity (216250/SC037605), and a company limited by guarantee in England and Wales. Our company registration number is 61625 and our registered office is at Tanners Lane, Barkingside IG6 1QG. Our registered VAT number is
- How to contact us. You can contact us by telephoning us at 0161 707 0222 or by writing to us at Safer Futures West CSE Service 222 Eccles Old Road, Salford, M6 8AL.
- How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
- "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
Our contract with you
- How we will accept your order. Our acceptance of your order will take place when we write to you to accept it, at which point a contract will come into existence between you and us.
- If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
Our products
- Products may vary slightly from their pictures. The images of the packs on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a pack’s display of the colours accurately reflects the colour of the packs. Your pack may vary slightly from those images.
- Product packaging may vary. The packaging of the pack may vary from that shown in images on our website.
If you need to make a change If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
Our rights to make changes
- Minor changes to the products. We may change the product to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product.
- Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.
Providing the products
- Delivery costs. The costs of delivery (if any) will be as displayed to you on our website.
- When we will provide the products.
  - If the products are packs. If the products are packs we will deliver them to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order or we will contact you with an estimated delivery date.
  - If the products are one-off services. We will agree the delivery of these services with you separately.
  - If the product is a one-off purchase of digital content. We will make the digital content available for download by you as soon as reasonably practicable.
  - If the products are ongoing services or a subscription to receive packs or digital content. We will supply the services, packs or digital content to you until either the services are completed or the subscription expires or you or we end the contract in accordance with this agreement.
- We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
- When you become responsible for the packs. The packs will be your responsibility from the time we deliver the packs to the address you gave us or you collect them from us.
- When you own the packs. You own the packs once we have received payment in full.
- Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
  - deal with technical problems or make minor technical changes;
  - update the product to reflect changes in relevant laws and regulatory requirements; and
  - make changes to the product as requested by you or notified by us to yo
- We may suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to and you still do not make payment within 14 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments.
Authorised use of the products
- In consideration of the fee paid we grant you a non-exclusive licence to use the products in the following ways only:
  - to instruct young people in your provision about the issues covered by the pack; and
  - to train your staff in using the pack themselves or to enable them to provide that instruction to other provisions, provided that you do not receive any payment from any of the provisions or from any other person or organisation for that instruction, training or any other service in connection with the issues covered by the pack. Where a pack is issued to one of your employees or training providers you must ensure that they have received a copy and agreed to these terms and conditions.
- You are not permitted to copy or permit copying of any parts of the pack either by any worker or training provider employed by you or any other person or organisation. You are only permitted to copy the worksheets in the following circumstances:
  - for your workers to instruct children and young people about the issues covered by the pack; and
  - for a Barnardo’s service provider to carry out training of workers in your organisation to enable the workers to provide that instruction subject to Clause 8.1 (b).
- Aside from the circumstances outlined at Clause 8.1 and Clause 8.2, Barnardo’s does not consent to any act which would be a restricted act under copyright legislation or an infringement of Barnardo’s trademark or any other intellectual property right of Barnardo’s.
- Aside from the permitted uses identified in clauses 8.1 and 8.2, any other use, copying, scanning, adaptation, transfer, issue, supply, communication, distribution, licensing, or other dealings, for gain or otherwise, by you or by any other person or organisation, in any form or for any purpose is prohibited. For the avoidance of doubt, you may not scan the packs nor upload them onto your website or intranet.
- We reserve the right to revoke this licence where any of the above terms are not complied with.
Licence to use digital content
- Where the products purchased include digital content, in consideration of the fee paid, we grant you a non-exclusive licence for a period of three years from the date that your order was confirmed. After this period your licence will expire and you will no longer have access to the digital content. We will inform you when your licence expires and instruct you as to how you can renew it.
- In addition to the restrictions of use set out in Clause 8, you shall not:
  - use any such information provided by us or obtained by you to create any software whose expression is substantially similar to that of the digital content nor use such information in any manner which would be restricted by any copyright subsisting in it;
  - copy, adapt, reverse engineer, decompile, disassemble, modify, adapt or make error corrections to the digital content in whole or in part;
  - sub-license, assign or novate the benefit or burden of this licence in whole or in part;
  - upload the digital content to any third party websites; and
  - allow the digital content to become the subject of any charge, lien or encumbrance.
- You shall notify us as soon as you become aware of any unauthorised use of the digital content by any person.
- We reserve the right to revoke this licence where any of the above terms are no complied with.
Our rights to end the contract
- We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
  - you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
  - you do not, within a reasonable time, allow us to deliver the products to you or collect them from us;
  - you do not, within a reasonable time, allow us access to your premises to supply the services; or
  - you do not comply with the terms of licences granted at clause 8 and 9.
- You must compensate us if you break the contract. If we end the contract in the situations set out in clause 1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you a reasonable compensation for the net costs we will incur as a result of your breaking the contract
Price and payment
- Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We hope that the price of the product advised to you is correct. However please see clause 3 for what happens if we discover an error in the price of the product you order.
- We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
- What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
- Right of set-off. you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
- We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 2% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
- What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
Our responsibility for loss or damage suffered by you
- Nothing in these terms shall limit or exclude our liability for:
  - death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors;
  - fraud or fraudulent misrepresentation;
  - breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
  - defective products under the Consumer Protection Act 1987; and
  - any matter in respect of which it would be unlawful for us to exclude or restrict liability.
- Except to the extent expressly stated in clause 1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
- Subject to clause 1:
  - we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
  - our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for products under such contract.

How we may use your personal information
- How we will use your personal information. We will only use your personal information as set out in our privacy policy available at https://www.barnardos.org.uk/privacy-notice.
Other important terms
- We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
- You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
- Nobody else has any rights under this contract This contract is between you and us. No other person shall have any rights to enforce any of its terms.
- If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
- Which laws apply to this contract and where you may bring legal proceedings If Any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.