The small print

Article 1.

In these terms and conditions, the following terms are defined as:

Cooling-off period: the period within which the user may exercise their right of withdrawal.

Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with ExamEssentials.

Digital platform: the platform accessible via the website www.examessentials.co.uk and its underlying pages, which offers the ability to purchase digital products.

Day: calendar day.

Durable medium: any instrument — including email — that enables the user or ExamEssentials to store information addressed personally to them in a way that allows future consultation or use for a period appropriate to the purpose for which the information is intended, and which allows unchanged reproduction of the stored information.

ExamEssentials: the provider of the services as described in Article 2 of these terms and conditions.

User: the natural person who uses the website and/or services of ExamEssentials and/or with whom ExamEssentials enters into an agreement.

Terms and conditions: these terms and conditions of ExamEssentials.

Right of withdrawal: the option for the user to cancel the distance contract within the cooling-off period.

Intellectual property rights: all intellectual property rights and related rights, including but not limited to copyright, trade mark rights, patent rights, design rights, trade name rights, database rights and neighbouring rights, as well as rights to know-how.

Distance contract: a contract whereby, within the framework of a system organised by ExamEssentials for the distance sale of products and/or services, exclusive use is made of one or more means of distance communication up to and including the conclusion of the contract (including digital purchases).

Means of distance communication: any means that can be used for concluding a contract without the user and ExamEssentials being simultaneously present in the same place.

Article 2.

Company: ExamEssentials Ltd

Registered address: 20 Wenlock Road, N1 7GU London, United Kingdom

Phone number: +44 203 3182 910(standard rate — calls to this number are charged at your standard network rate)

Email address: [email protected]

Companies House number: 17026260

* ExamEssentials is entitled to transfer rights and obligations arising from these terms and conditions to third parties and will notify the consumer of this where applicable.

Article 3.

These terms and conditions apply to every offer made by ExamEssentials and to every distance contract concluded between ExamEssentials and the consumer.

Before the distance contract is concluded, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the terms and conditions are available for inspection at ExamEssentials and that they will be sent to the consumer free of charge as soon as possible upon request.

If the distance contract is concluded electronically, the text of these terms and conditions may, by way of derogation from the previous paragraph and before the distance contract is concluded, be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the terms and conditions can be accessed electronically and that they will be sent to the consumer free of charge electronically or otherwise upon request.

In cases where specific product or service conditions apply in addition to these terms and conditions, the second and third paragraphs apply accordingly, and the consumer may always invoke the applicable provision that is most favourable to them in the event of conflicting terms.

In some cases, additional terms may apply (see Article 20).

If any provision of these terms and conditions is found to be void, voidable, or for any reason wholly or partially invalid, the remaining provisions shall remain in full force and effect.

Article 4.

If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer. See also Article 20.

The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable the user to make a proper assessment of the offer. If ExamEssentials uses images, these are a truthful representation of the products, services and/or digital content offered. Obvious mistakes or errors in the offer are not binding on ExamEssentials.

Each offer contains such information that it is clear to the user what rights and obligations are attached to accepting the offer.

Article 5.

Subject to the provisions of paragraph 4, the agreement is formed at the moment the user accepts the offer and fulfils the conditions set out therein.

If the user has accepted the offer electronically, ExamEssentials will immediately confirm receipt of acceptance of the offer electronically. Until receipt of this acceptance has been confirmed by ExamEssentials, the user may dissolve the agreement.

If the agreement is concluded electronically, ExamEssentials will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a safe web environment. If electronic payment is possible, ExamEssentials will take appropriate security measures.

ExamEssentials may — within legal limits — inform itself as to whether the user is able to meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If ExamEssentials has good grounds on the basis of this investigation to refuse to enter into the agreement, it is entitled to refuse an order or application with reasons given, or to attach special conditions to the execution of the order.

ExamEssentials will provide the user with the following information in writing, or in such a way that the user can store it accessibly on a durable medium, along with the product:

•       The address of the ExamEssentials establishment where the user can go with complaints;

•       The conditions under which and the manner in which the user can exercise the right of withdrawal, or a clear statement that the right of withdrawal is excluded;

•       Information about guarantees and existing after-sales service;

•       The price inclusive of all taxes of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract.

The consumer may cancel an agreement relating to the purchase of a physical product within a cooling-off period of 14 days without giving reasons. ExamEssentials may ask the user for the reason for withdrawal, but may not oblige them to provide a reason.

The cooling-off period referred to above begins on the day after the user, or a third party designated in advance by the user who is not the carrier, has received the physical product, or:

•       If the user has ordered multiple physical products in the same order: the day on which the user, or a third party designated by them, has received the last product. ExamEssentials may, provided the user has been clearly informed of this prior to the ordering process, refuse an order of multiple products with different delivery times;

•       If the delivery of a physical product consists of different consignments or parts: the day on which the user, or a third party designated by them, has received the last consignment or part.

To exercise your right of withdrawal, you may use the model cancellation form available at examessentials.co.uk/returns, or notify us by any other clear statement (e.g. by email or post). The cancellation period expires 14 days from the day on which you, or a third party designated by you, takes physical possession of the goods. We will confirm receipt of your cancellation without delay.

Returns can be registered via examessentials.co.uk/returns.

Digital products

With regard to the purchase of digital products, the right of withdrawal is excluded where the consumer has expressly consented, prior to delivery, to the supply beginning before the end of the 14-day cooling-off period, and has acknowledged that they will thereby lose their right of withdrawal. By completing their purchase of a digital product, the consumer confirms that they provide this consent and acknowledgement. It is however possible to exchange a licence that was purchased in error within 24 hours. The consumer can contact ExamEssentials for this purpose.

Business customers

The right of withdrawal is only valid in respect of consumer purchases. In the case of business-to-business agreements, withdrawal is excluded.

Article 7.

During the cooling-off period, the user will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to assess the nature, characteristics and functioning of the product. The starting point is that the user may only handle and inspect the product in the way they would be permitted to do so in a shop.

The user is only liable for any diminution in the value of the product resulting from handling the product beyond what is permitted, taking into account Article 10.

The user is not liable for any diminution in the value of the product if ExamEssentials has not provided them with all legally required information about the right of withdrawal before or at the time of concluding the agreement

Article 8.

If the user exercises their right of withdrawal, they must notify ExamEssentials of this unambiguously within the cooling-off period.

As soon as possible, but no later than 14 days from the day following the notification referred to in paragraph 1, the user must return the product or hand it over to (an authorised representative of) ExamEssentials. This is not required if ExamEssentials has offered to collect the product itself. The user will in any case have complied with the return period if they return the product before the cooling-off period has expired.

The user returns the product with all accessories delivered, where reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by ExamEssentials.

The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the user.

The user bears the direct costs of returning the product, provided the user has been informed of this prior to concluding the agreement. If ExamEssentials has failed to provide this information, ExamEssentials will bear the return costs.

If the user exercises their right of withdrawal, all ancillary agreements are automatically dissolved.

Article 9.

ExamEssentials will reimburse all payments made by the user, including any delivery costs charged by ExamEssentials for the returned product, without undue delay and no later than 14 days following the day on which the user notifies them of the withdrawal. Unless ExamEssentials offers to collect the product itself, it may withhold reimbursement until it has received the product back or until the user demonstrates that they have returned the product, whichever is the earlier.

The reimbursement referred to above excludes any costs incurred by the user for returning the product:

•       If a product purchased at a discount is returned, the selling price minus the discount will be refunded;

•       In the case of a variable pricing model where discounts increase with each additional product ordered, and the user returns only part of the order, the refund will reflect the actual amount paid for the returned item(s) under the original pricing structure, as shown on the invoice.

ExamEssentials will use the same payment method that the user used for reimbursement, unless the user agrees to a different method. The reimbursement is free of charge for the user.

If the user has chosen a more expensive method of delivery than the cheapest standard delivery, ExamEssentials is not required to reimburse the additional costs for the more expensive method.

Article 10.

ExamEssentials may exclude the right of withdrawal for products whose value fluctuates significantly within the 14-day cooling-off period and where this reduction in value is objectively established or foreseeable in advance. This applies in particular where the user purchases a summary shortly before or during the examination period. The value of such summaries is demonstrably higher before the examinations than in the period thereafter. The right of withdrawal is therefore excluded for summaries purchased within the 14 days prior to the examination to which the summary relates. For the exclusion of the right of withdrawal in respect of digital products, see Article 6.

No refund is available for exam training sessions, unless mandatory law provides otherwise. Up to three days before the start of an exam training session, the relevant session can still be rescheduled.

Article 11.

During the period of validity stated in the offer, the prices of the products offered will not be increased, except for price changes resulting from changes in VAT rates.

The prices stated in the offer for products are inclusive of VAT.

Any price changes will not affect purchases already made. Digital licences purchased for the current academic year will remain accessible at the price paid until the end of that academic year.

Article 12.

ExamEssentials guarantees that physical products conform to the agreement and are of satisfactory quality, fit for the purpose for which they are supplied, and as described in the offer, in accordance with the Consumer Rights Act 2015. If a product does not meet these requirements, the consumer is entitled to a repair, replacement, or refund.

Where a physical product does not conform to the contract, the consumer has the right to reject it within 30 days of purchase for a full refund. After this period, the consumer is entitled to a repair or replacement in the first instance.

If agreed, ExamEssentials also guarantees that the product is suitable for use other than its normal purpose.

Digital products

Digital products are likewise guaranteed to be of satisfactory quality, fit for purpose, and as described, in accordance with the Consumer Rights Act 2015. If a digital product does not meet these requirements, the consumer is entitled to a repair or replacement, or where this is not possible, a price reduction.

Digital products have a limited period of validity. This validity period covers one academic year, running from 1 September to 31 August of the following year. Digital products can only be accessed during the academic year in which the purchase was made.

Digital products may be used on a maximum of 3 devices/browsers.

Article 13.

ExamEssentials is not liable for any loss suffered by the user as a result of using its services, except where such loss results from ExamEssentials's negligence, fraud, or wilful misconduct, or where liability cannot be excluded by law, including under the Consumer Rights Act 2015.

Nothing in these terms and conditions excludes or limits ExamEssentials's liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded.

ExamEssentials's liability to consumers for any other loss is limited to the amount paid by the consumer for the relevant product or service.

Article 14.

We will not be liable for any failure or delay in performing our obligations where this is caused by events outside our reasonable control, including but not limited to: natural disasters, fire, power failures, failures of third-party infrastructure or telecommunications, strikes, government action, or failures of ExamEssentials's suppliers or third parties engaged by ExamEssentials. We will take reasonable steps to minimise the impact of any such event. If such an event results in a significant delay to your order, you will have the right to cancel your order and receive a full refund of any amounts already paid.

Article 15.

ExamEssentials will exercise the greatest possible care in receiving and fulfilling orders for products.

The place of delivery is the address that the user has provided to the company.

Subject to what is stated in Article 4 of these terms and conditions, the company will fulfil accepted orders with due dispatch, but no later than within 10 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot or can only partially be fulfilled, the user will be notified of this no later than 10 days after placing the order. In that case, the user has the right to cancel the agreement free of charge and may be entitled to compensation where loss has been suffered as a direct result of the delay.

In the event of cancellation pursuant to the previous paragraph, ExamEssentials will refund the amount paid by the user as soon as possible, and no later than within 30 days of cancellation.

If delivery of an ordered product proves impossible, ExamEssentials will contact the user and agree together whether the entire order is to be cancelled or partially fulfilled. If the user wishes to order a replacement product, the original product will be cancelled and a new product will be added to the existing order. The same conditions as described in Article 4 apply to this new product.

The risk of damage and/or loss of products rests with ExamEssentials until the moment of delivery to the user or a representative designated in advance and made known to ExamEssentials, unless explicitly agreed otherwise.

Digital products

Digital products can be accessed in a personal digital environment on the ExamEssentials digital platform. This environment can be created by the consumer themselves at ExamEssentials.co.uk, either before or after ordering digital products. In all cases, a special activation code will be sent by email, which can be entered in the personal digital environment after logging in. This activates the product and makes it immediately visible in the digital environment. The activation link is sent immediately after payment.

Article 16.

Payment due may be made in advance or in arrears. For deferred payments, ExamEssentials uses a third party. Agreement must be given to the terms and conditions of this third party during the ordering process, which are available to view during the ordering process.

The user has an obligation to report any inaccuracies in payment details provided or stated to ExamEssentials without delay.

If the user fails to meet their payment obligation(s) in time, and after being given notice by ExamEssentials and a further period of 14 days to meet their payment obligations, ExamEssentials is entitled to charge statutory interest on the outstanding amount and any reasonable debt recovery costs incurred.

Article 17.

The intellectual property rights relating to the website, the service and the information offered by ExamEssentials vest in ExamEssentials.

Subject to the conditions set out in these terms and conditions, ExamEssentials grants a limited, personal, revocable, non-exclusive, non-sublicensable, non-transferable right to view files and data made available. It is not permitted to copy, distribute, publish or otherwise use files and data for any commercial purpose or share them with third parties, unless ExamEssentials has given explicit permission to do so. This does not apply to files and data that you have entered into the website yourself.

The licence granted to users for the use of digital products encompasses solely the right to access the digital product remotely, in accordance with ExamEssentials's instructions and specifications, and to display, consult and operate the content contained therein for personal use only. Users may not copy, distribute, publish or otherwise use the content for any commercial purpose or share it with third parties.

Article 18.

ExamEssentials has a sufficiently publicised complaints procedure and handles complaints in accordance with this procedure.

Complaints about the execution of the agreement must be submitted to ExamEssentials fully and clearly described within a reasonable time after the user has identified the defects.

Complaints submitted to ExamEssentials will be answered within a period of 5 days from the date of receipt. If a complaint requires a foreseeably longer processing time, ExamEssentials will respond within the 5-day period with an acknowledgement of receipt and an indication of when the user can expect a more detailed response.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the disputes procedure.

Complaints can be submitted using the contact details provided in Article 2.

Article 19.

We are not a member of an Alternative Dispute Resolution (ADR) scheme. If we are unable to resolve your complaint through Article 18, you may wish to seek independent advice from Citizens Advice (citizensadvice.org.uk) or consider making a claim through the small claims court. All agreements to which these terms and conditions apply are governed exclusively by the laws of England and Wales. Should it come to legal proceedings, the courts of England and Wales will have jurisdiction.

Article 20.

In addition to the other general terms and conditions set out above, specific terms of use apply to the use of the ExamEssentials digital platform.

These terms of use must be accepted before an account can be created. The terms of use for the digital platform are as follows:

The user is responsible for entering correct personal details when creating an account. Creating a fake account is not permitted. If logging in via a social media plugin, a personal account must be used. Creating a generic or shared account is likewise not permitted. An account may not be shared with others.

If a user is under sixteen (16) years of age, they require the consent of their parent(s) or guardian to create an account. By accepting these terms and conditions, the consumer declares that they are at least 16 years old or have received permission from their parent(s) or guardian to open an account.

Digital products are only visible in the personal environment after completing a purchase of a digital product and entering the activation code in the personal environment.

ExamEssentials will occasionally need to carry out maintenance to keep the platform running properly. We will try to do this at times when there is little traffic on the website. If maintenance is planned and we expect it to take a while, we will notify users in advance. We will not compensate for any disruption caused by changes to the website.

After the usage period of a digital product has expired, the personal environment will remain available in case the user wishes to add new products or renew. If a consumer wishes to fully delete their account, they can do so themselves.

If ExamEssentials has reasonable grounds to suspect misuse of the digital environment, ExamEssentials reserves the right to suspend the account. ExamEssentials will notify the user of the suspension and the reasons for it. Where misuse is confirmed, no compensation will be payable.

The terms of use remain in force indefinitely until the entire account is deleted.

The following browsers are supported: Google Chrome, Safari, Firefox, and Microsoft Edge.

Article 21.

ExamEssentials processes personal data in accordance with its Privacy Policy, available at examessentials.co.uk/privacy. By using our website and purchasing our products, you acknowledge that you have read and understood our Privacy Policy.