Terms of Sale
Version 2 - last updated: 21st March 2025.
General Terms and Conditions of Sale
1. Application of terms.
These general terms and conditions of sale (the “General Terms”) apply to the purchase of Downloadables, Physical Resources, Group Online Tuition and Subscriptions by Linkythinks Ltd (“us” or “we”), regardless of the specific product or service being purchased.
In addition to the General Terms, certain products may be subject to additional terms outlined in annexes to these terms (each an “Annex”). The provisions of the relevant Annex will apply only when you purchase the corresponding products described in that Annex:
Annex A - Downloadables
Annex B - Physical Resources
Annex C - Group Online Tuition
Annex D - Subscriptions
(together, the “Products”).
In the event of any conflict between the General Terms and an Annex, the provisions of the relevant Annex will prevail for those specific Products. By placing an order for any Products, you agree to be bound by the General Terms and any applicable Annex (the “Contract”).
2. Where to find information about us and our Products
You can find everything you need to know about us and Products on our website before you order. We also confirm the key information to you after you order.
3. We only accept orders when we've checked them
We contact you to confirm we've received your order once you have paid for it and we accept it when we dispatch or supply the Product, at which point the Contract is formed.
4. Sometimes we reject orders
Sometimes we may reject orders, for example, because a Product is unexpectedly out of stock or because the Product was mispriced by us. When this happens, we let you know as soon as possible and refund any sums you have paid.
5. Price of Products
The price of our Products will be as quoted on the website from time to time, except in cases of obvious error. Prices displayed on our website include VAT (where applicable) but exclude delivery costs which will be added to your order before payment is finalised.
Prices and Products offered are liable to change at any time, but (except in cases of obvious error) changes will not affect orders in respect of which the ordering process is complete.
The prices payable for Products that you order are as set out on the website. We try to ensure that all the prices shown on this website are accurate. However, occasionally Products are mis-priced. Where a Product's correct price is lower than the stated price we will issue a refund for the difference and despatch the order in the usual way. Where a Product's correct price is higher than the stated price we will inform you of the correct price and give you the opportunity to proceed with the order at the correct price or cancel the order.
6. We pass on increases in VAT
If the rate of VAT changes between your order date and the date we supply the Product, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.
7. Payment
Payment can be made by the methods provided for you on the website and you must be over 18 to make a payment.
We will debit the payment from your chosen method of payment at the time that you place your order. If the issuer of your card/payment provider refuses to authorise payment we will not accept your order or be under any obligation to deliver the relevant Product. We will not be obliged to inform you of the reason for the refusal, and we will not be liable for non-delivery of the Product ordered.
8. We're not responsible for delays outside our control
If our supply of your Product is delayed by an event outside our control, we contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won't compensate you for the delay, but if the delay is likely to be substantial you can contact our Customer Service Team: +44(0)20 3 150 4506 or email us at info@linkythinks.com to end the contract and receive a refund for any Products you have paid for in advance, but not received, less reasonable costs we have already incurred.
9. Products can vary slightly from their pictures
A Product's true colour may not exactly match that shown on your device or in our marketing or its packaging may be slightly different.
10. Your legal right to change your mind.
For most of our Products, if you are a consumer, you have a legal right to change your mind about your purchase and receive a refund of what you paid for it, including (where applicable) standard delivery costs. This is subject to some conditions, as set out in clauses 11-13 below.
11. Right to cancel.
If you are a consumer, you have the legal right to change your mind and cancel your order within 14 days without giving any reason, subject to the conditions outlined in this clause and the relevant Annex:
a) Physical Resources: The cancellation period will expire 14 days after the day you receive the goods.
b) For Downloadables: The cancellation period will expire 14 days after the date on which we accept your order, unless you have downloaded or accessed any Downloadables during the 14-day period in which case you agree to waive your statutory right to cancel and will not be eligible for a refund if you change your mind.
c) For Group Online Tuition: See Annex C.
d) For Subscriptions: The cancellation period will expire 14 days after the date on which you purchased your subscription, unless you have downloaded, accessed or used any materials made available to you via your subscription in which case you agree to waive your statutory right to cancel and will not be eligible for a refund if you change your mind.
12. How to let us know.
To let us know you want to change your mind, contact our Customer Service Team: +44(0)20 3 150 4506 or email us at info@linkythinks.com.
13. When and how we refund you.
Subject to paragraph 5 of Annex B, we will refund you the cost of the order within 14 days of you telling us you have changed your mind. You will be refunded to the original payment method.
14. Product quality.
We warrant to you that any Product purchased from us through the website is of satisfactory quality and reasonably fit for all the purposes for which Products of that kind are commonly supplied. To the fullest extent permissible under applicable law, we disclaim any and all other warranties of any kind, whether express or implied, in relation to the Products. This does not affect your legal rights as a consumer, nor does it affect any right to cancel.
15. You have rights if there is something wrong with your Product
If you think there is something wrong with your Product, you must contact our Customer Service Team: +44(0)20 3 150 4506 or email us at or email us at info@linkythinks.com. We honour our legal duty to provide you with Products that are as described to you on our website and that meet all the requirements imposed by law. If any Product you purchase is damaged or faulty when delivered, we may offer an exchange or refund as appropriate, in accordance with your legal rights. Remember too that you have several options for resolving disputes with us as set out in clause 23. For more detailed information on your legal rights as a consumer, please visit the Citizens Advice website at https://www.citizensadvice.org.uk/ or call 03454 04 05 06.
16. We can change Products and these terms
These General Terms and/or the Annexes may be modified from time to time to reflect changes to our Products or changes in the law but, should this happen, they will be posted on the website. Your continued use of the website following the posting of the revised General Terms and/or the Annexes means that you accept and agree to the changes. Changes to terms won't apply retrospectively unless you agree to it.
17. We can suspend the supply of a Product.
We do this to:
a) deal with technical problems or make minor technical changes;
b) update the Product to reflect changes in relevant laws and regulatory requirements; or
c) make changes to the Product (see clause 16).
We contact you in advance to tell you we're suspending supply, unless the problem is urgent or an emergency. If the suspension lasts for a substantial period we’ll adjust the price so you don't pay for it while it is suspended. If we suspend supply, or tell you we're going to suspend supply, for a substantial period you can contact our Customer Service Team: +44(0)20 3 150 4506 or email us at info@linkythinks.com to end the contract and we'll refund any sums you've paid in advance for Products you won't receive.
18. We can withdraw Products.
We can stop providing a Product. We’ll let you know in advance and we refund any sums you’ve paid in advance for Products which won’t be provided. We will not be liable to you or any third party by reason of our withdrawing any Product from the website whether or not that Product has been sold or for removing or editing any materials or content on the website, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
19. We can end our Contract with you.
Except in relation to a subscription for which the terms of Annex D shall apply, we can end our Contract with you for a Product if:
a) we are unable to obtain payment;
b) we have insufficient stock to deliver the Product;
c) you don't, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the Product;
d) in relation to physical resources, we do not deliver to your area; or
e) we determine any other reason for cancellation at our reasonable discretion.
If we do end the Contract we will notify you by e-mail and, to the extent you have already paid, will re-credit the payment method you used to pay for Products paid for but not received as soon as possible but in any event within 30 days of your order (except in the event you are in breach of these General Terms and/or any relevant Annex in which case we may not offer you a refund).
20. We don't compensate you for all losses caused by us or our Products.
We're responsible for losses you suffer caused by us breaking this contract unless the loss is:
a) Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
b) Caused by a delaying event outside our control. As long as we have taken the steps set out in the section “We're not responsible for delays outside our control”.
c) Avoidable. Something you could have avoided by taking reasonable action.
d) A business loss. It relates to your use of a Product for the purposes of your trade, business, craft or profession.
21. We use your personal data as set out in our Privacy Notice.
How we use any personal data you give us is set out in our Privacy Notice: https://www.linkythinks.com/privacy-policy.
22. Proprietary rights and licenses.
Al intellectual property rights in our website, all software and software compilations underlying the website and our Products, including all copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, rights in software, database rights, rights in confidential information (including know-how), patents, rights to inventions, and all other intellectual property and similar rights which subsist or will subsist now or in the future in any part of the world (together defined as “Intellectual Property Rights”), is owned by us or licensed to us and is protected by laws and treaties around the world. All such rights are reserved by us or our third-party licensors.
By purchasing our Products, you acknowledge that no rights (including ownership, licensing, or usage rights) are granted to you in any of our Intellectual Property Rights.
You may not modify, copy, reproduce, publish, manipulate, upload, distribute, transfer or sell, by any means, any material or information on or downloaded from our website without our prior written permission.
This includes (but is not limited to) replicating, reselling, sharing, reproducing, recording or redistributing and part of our Products.
When you transmit or post any material to or on our website, you grant to us a non-exclusive, world-wide, perpetual, royalty-free licence under your copyright and other intellectual property rights to use or display or distribute that material in any way without any duty at all to account to you.
23. You have several options for resolving disputes with us
a) Our complaints policy. Our Customer Service Team: +44(0)20 3 150 4506 or email us at info@linkythinks.com will do their best to resolve any problems you have with us or our Products.
b) Resolving disputes without going to court. Alternative Dispute Resolution (ADR) is an optional process where an independent body considers the facts of a dispute and seeks to resolve it without going to court. If we cannot resolve a problem informally, we will provide you with details of an ADR provider who may be able to assist. We are not obliged to use ADR, but we will consider it in appropriate cases.
c) You can go to court. These terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.
24. Other important terms apply to our contract.
a) We can transfer our contract with you, so that a different organisation is responsible for supplying your Product. We may transfer, assign, charge, sub-contract or otherwise dispose of any contract, or any of our rights or obligations arising under it, at any time during the term of the contract. We will contact you to let you know if we plan to do this and if your rights are adversely affected in a material respect, give you the right to end your contract with us.
b) You can only transfer your contract with us to someone else if we agree to this. You may only transfer, assign, charge, sub-contract or otherwise dispose of your rights or your obligations under this contract to another person if we agree to this in writing.
c) Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
d) If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
e) Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later.
f) The entire agreement. These terms and conditions, together with our current website prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions.
Annex A
Downloadables
1. No dissemination.
You agree that distribution of Downloadables (whether in electronic or hard copy form) is limited as follows depending on your subscription:
a) Parent subscription: Downloadables may only be made available within your household and it must be made clear to household members that further dissemination is not permitted.
b) Educator subscription: Downloadables may only be made available to your pupils (and not to any colleagues or their pupils) and it must be made clear to those pupils that further dissemination is not permitted.
c) School subscription: Downloadables may only be made available to teachers and pupils of the school which has taken out the subscription and it must be made clear to them that further dissemination is not permitted.
2. Suspension or termination for dissemination
In addition to our rights set out at clause 19 of the General Terms, we may suspend or terminate your access to Downloadables in the event you do not comply with paragraph 1 of this Annex.
3. No access to video resources without a subscription.
You will not be able to access video resources unless you purchase a subscription.
4. PDF Format
Except in relation to video resources, Downloadables are made available in pdf format.
Annex B
Physical Resources
1. Shipping charges
You may be required to pay for delivery. Shipping charges will be displayed clearly on the order page before payment is requested.
2. Delivery
Subject to availability, after we have accepted an order for Products, we will use all reasonable means to deliver the Products within the time stated for your chosen shipping service.
We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order. If you are unavailable to take delivery, you agree to delivery being made to a close neighbour or safe place (porch, shed or other such place).
You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
Goods for delivery outside the United Kingdom may be subject to import duties, taxes and/or customs charges. These charges are levied once the parcel arrives at its destination and must be paid by the recipient.
You have 5 working days to inform us of non-delivery after the expected delivery date as detailed in your confirmation email.
3. Additional charges
We may charge you additional sums for redelivery if you are not in when delivery is attempted, if you refuse delivery or if you have provided us with incorrect delivery instructions.
4. You have to return the Product at your own cost.
In accordance with clause 11 of the General Terms, you have the legal right to change your mind and cancel your order within 14 days of receiving your Products.
You have to return your Product to us within 14 days of you telling us you have changed your mind.
Returns are at your own cost. If you wish to send the Product back to us, you should keep a receipt or other evidence from the delivery service that proves you have sent it and when you sent it. If you don’t do this and we don’t receive the goods at all or within a reasonable time we won't refund you. Alternatively, you can let us know and we will arrange for the Products to be collected from you at your own cost.
5. Refunds
In the event you exercise your rights under clause 11 in respect of physical resources, we will refund you the cost of the order and the cost of standard delivery. This refund will be within 14 days of cancellation or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us, unless the circumstances of your refund process prevent it, in which case we will inform you of such delay and the reason for it. In all other cases, your refund will be made within 14 days of your telling us you have changed your mind. You will be refunded to your original payment method.
6. We reduce your refund if you have used or damaged a Product.
If you handle the Product in a way which would not be acceptable, we reduce your refund, to compensate us for its reduced value. For example, we reduce your refund if the Product's condition is not "as new", price tags have been removed, the packaging is damaged or accessories are missing. In some cases, because of the way you have treated the Product, no refund may be due.
Annex C
Group Online Tuition
1. Cancellation Policy
The cancellation period will expire 14 days after the date on which you made your booking. However, if your booking is made less than 14 days before the scheduled class date, you agree to waive your statutory right to cancel and understand that you will not be eligible for a refund if you change your mind. Additionally, no cancellations or refunds will be permitted within 14 days of the class date, regardless of when the booking was made and you acknowledge and agree that the service begins 14 days before the scheduled class date to allow for necessary preparations including material creation and administrative work which involve irreversible costs being incurred.
If you wish to cancel prior to 14 days before the class date, you must contact us to let us know at info@linkythinks.com.
Annex D
Subscription
1. Monthly or annual subscription.
We offer a monthly or yearly paid subscription service. If you wish to subscribe, your subscription can be purchased on our website like any other Product. From that purchase forward, you will become a LinkyThinks subscriber.
2. Categories of subscription.
We offer three categories of subscription - Parent, Educator and School. You must not sign up to a subscription that is not consistent with your actual status.
3. AUTOMATIC RENEWAL TERMS
When you purchase a subscription, your subscription will commence on the date of purchase and will continue for the monthly or annual period selected during checkout. Your subscription will continue to automatically renew for the same period and you will be charged on or about the date which falls one month or one year after the date of purchase (as applicable) unless you cancel it by using the cancellation option provided in your online account dashboard.
4. Monthly or annual subscription cancellations.
You may cancel your subscription at any time in your online account dashboard and your cancellation will go into effect at the end of your current monthly or annual billing cycle, as applicable. If you cancel before the subscription auto-renews, you may continue to access the subscription service until the end of the billing period, but no refunds will be issued for partial periods unless otherwise stated.
5. We may cancel your subscription in certain circumstances.
We reserve the right to cancel or suspend your subscription on immediate notice if:
a) We cannot obtain any payment by its due date; or
b) You are in breach of the General Terms and/or this Annex
We are not required to offer you a refund in the event of cancellation or suspension pursuant to this paragraph.
6. Changes.
We may update the terms of this Annex from time to time. We may not provide you with notice if such changes are to allow for minor adjustments which have no real significance to you. We will provide you with as much notice as reasonably practicable of any material changes. If you do not agree to the changes, you must notify us within thirty (30) days and we shall agree to terminate your subscription before the changes take effect and we will issue you a refund for subscription services paid for but not received. If you do not contact us within the thirty (30) day time period, it will be deemed that you have agreed to and accepted the changes to the terms of this Annex.