1.1 What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods, services (including subscription services) or digital content.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us, or register an account with us. These terms tell you who we are, how we will provide products and/or services to you, how you and we may change or end the contract, 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.
1.3 When other terms apply. When you use products or services provided by a third party (for example when you access our services through a voice-enabled device or a connected TV), that third party will have its own terms for using them. is not responsible when you access our services through another company’s services.
2.1 Who we are. We are Big Tree City Ltd., a company registered in England and Wales with company number 12207916. We have our registered office at Chesterfield House, 385 Euston Road, London NW1 3AU.
2.2 Our principal place of business is at Chesterfield House, 385 Euston Road, London NW1 3AU. Our VAT number is GB 384743464.
2.3 How to contact us. You can contact us by writing to us at info@bigtreecity.com
2.4 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.
2.5 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 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.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 We only sell to the UK. Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from OR deliver to addresses outside the UK.
4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
4.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
5.1 Big Tree City Ltd. may provide, among other things, a subscription service under which subscribers can access additional content such as educational content, full episodes of our shows, clips, songs and ebooks ("Subscription Content"). Subscription Content can be accessed over the Internet to certain Internet-enables devices, such as, without limitation, smart phones, tablets and computers. You will require access to the Internet in order to access the Subscription Content.
5.2 If you chose to subscribe to the Subscription Content, you will need to set up a member account with us. Your membership will continue until terminated in accordance with these terms.
5.3 For subscription services, we will offer membership plans, the terms of which may vary from time to time, for example if we run promotions or campaigns. Will inform you of the subscription cost via our App, website or equivalent platform. Details of your can be found on our website under the "Account" tab, normally found at the top of the page.
5.4 We offer a 7 day free trial at the start of your membership. The free trial period is to designed to allow you to trial the Subscription Services prior to committing to purchase the service.
5.5 We reserve the right to limit access to the free trial, for example if it appears that you are not eligible (for example if you have already taken advantage of a free trial period). We may use information such as, without limitation, device ID, payment method information or account email address to determine whether you qualify for a free trial.
5.6 Subscription services are billed monthly, and payment dates are available from the “Account” tab on our website. If you have taken advantage of a free trial, the fee will be taken from the end of the free trial period To subscribe, you must provide an acceptable payment method, which can include, without limitation, payment via a credit or debit card, or through a third party account (for example via an App store). You authorise us to take payment for the following monthly billing period, unless you cancel your membership prior to the next billing date.
5.7 We reserve the right to amend your billing cycle (for example, if you pay a subscription fee late, or if your membership begins on a day not contained in a particular month). We also reserve the right to use any payment method on your account, should your primary payment method be declined. We reserve the right to discontinue, suspend or terminate your account and your access to the Subscription Services should you fail to settle any outstanding fees.
5.8 You may amend your payment method by visiting your “Account” page on our website.
5.9 You may cancel your subscription at any time, and you will still have access to the Subscription Content until the end of your final billing cycle. You will see the instructions for cancelling your subscription in the Account tab on our website. Subscriptions made via a third party app store may need to be cancelled using that store’s cancellation process.
5.10 If we change or amend the price of our subscriptions to our Subscription Content, we will notify you of such changes via the App or email at least 30 days prior to such changes taking effect.
5.11 Subscription Content is generally only available in the location that the account has created. Some Subscription Content may be made available for download onto compatible devices, from time to time.
5.12 You agree that you will not: reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as under these Terms) any content, including without limitation Subscription Content, we offer.
5.13 In addition you agree that you will not: remove, alter, deactivate, or “work around” any of content protection systems that we may use; use any means, including any automated means, to access our service; decompile, reverse engineer or disassemble any software or other products or processes accessible on our website or via our app; insert or manipulate any code or content on our service in any way; use any method of obtaining or mining any data from the site; take any steps to interfere in any way with the functionality of any aspect of our service or products, including by using any software viruses or other computer code, files or programs. We reserve the right to terminate or restrict your use of our service if you violate these terms or are engaged in illegal or fraudulent use of the service.
6.1 The person whose payment method is charged for services and products ordered from us, including for Subscription Services, is deemed to be the "Account Holder". The Account Holder is responsible for all activity on the account in question. The Account Holder should not reveal the password or details of the Payment Method associated with the account to anyone. The Account Holder is also responsible for providing updated and accurate account information to us. We reserve the right to suspend or terminate the account to protect you or us from actual or potentially fraudulent activity.
7.1 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. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8- Your rights to end the contract).
8.1 Minor changes to the products. We may change the product:
8.2 More significant changes to the products and these terms. In addition, we may make the changes to these terms and/or our products and services, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
8.3 Updates to digital content. We may update or require you to update digital content, including the Subscription Content, provided that the digital content shall always match the description of it that we provided to you before you bought it.
9.1 Delivery costs. The costs of delivery will be as displayed to you on our website.
9.2 When we will provide the products. During the order process we will let you know when we will provide the products to you.
9.3 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.
9.4 Delivery. The method of delivery of products is as described on the website.
If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to [rearrange delivery or collect the products from a local depot].
If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 will apply.
9.5 Your legal rights if we deliver goods late. You have legal rights if we deliver any goods late. If we miss the delivery deadline for any goods then you may treat the contract as at an end straight away if any of the following apply:
9.6 Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 7.8, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
9.7 Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under clause 7.8 or clause 7.9, you can cancel your order for any of the goods or reject goods that have been delivered. If you wish, you can reject or cancel the order for some of those goods (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled goods and their delivery. If the goods have been delivered to you, you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on +44 (0)20 7434 4111 or email us at info@bigtreecity.com for a return label or to arrange collection
9.8 When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us or you or a carrier organised to collect it from us.
9.9 When you own goods. You own a product which is goods once we have received payment in full.
9.10 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, first name and age should we create personalised products. If so, this will have been stated in the description of the products on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
9.11 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
9.12 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product [for longer than 2 weeks] in any 1 month] we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 2 weeks and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
9.13 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 12.4) 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 suspend the products where you dispute the unpaid invoice (see clause 12.6). 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 (see clause 12.5).
10.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
10.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
10.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
10.4 Our goodwill guarantee. Please note, these terms reflect the goodwill guarantee offered by Big Tree City Ltd. to its UK customers, which is more generous than your legal rights under the Consumer Contracts Regulations in the ways set out below. This goodwill guarantee does not affect your legal rights in relation to faulty or inaccurately described products (see clause 11.2):
Consumer to pay costs of return.
We pay the costs of return.
Right under the Consumer Contracts Regulations 2013
14 day period to change your mind.
[21] day period to change your mind.
Right under the Consumer Contracts Regulations 2013
Right under the Consumer Contracts Regulations 2013
Right under the Consumer Contracts Regulations 2013
10.5 When you don't have the right to change your mind. You do not have a right to change your mind in respect of:
10.6 How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.
10.7 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods or digital content is completed when the product is delivered, downloaded or streamed and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract depending on the date on which you end the contract, as compensation for the net costs we will incur as a result of your doing so.
11.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
11.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must post them back to us at [our trading address (listed at the beginning of these terms) or please email customer services at info@bigtreecity.com for further information.
11.3 When we will pay the costs of return. We will pay the costs of return:
11.4 How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
11.5 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
11.6 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
12.1 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, without limitation:
12.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
12.3 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least a week in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
13.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can write to us at info@bigtreecity.com.
13.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your product is goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.
b) Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.
c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
See also clause 8.3.
a) If your product is digital content, for example, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
b) If your digital content is faulty, you're entitled to a repair or a replacement.
c) If the fault can't be fixed, or if it hasn't been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.
d) If you can show the fault has damaged your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation
See also clause 8.3.
If your product is services, for, the Consumer Rights Act 2015 says:
a) You can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.
b) If you haven't agreed a price beforehand, what you're asked to pay must be reasonable.
c) If you haven't agreed a time beforehand, it must be carried out within a reasonable time.
See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).
13.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must return them to where you bought them or post them back. Please email us at info@bigtreecity.com for a return label.
14.1 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 take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the product you order.
14.2 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.
14.3 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. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
14.4 When you must pay and how you must pay. We accept payment with [LIST OF CREDIT AND DEBIT CARDS]. When you must pay depends on what product you are buying:
14.5 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.
14.6 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.
15.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
15.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products under the Consumer Protection Act 1987
15.3 When we are liable for damage to your property. If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
15.4 If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
15.5 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
16.1 How we may use your personal information. We will only use your personal information as set out in our Privacy Policy.
17.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
17.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. However, you may transfer our guarantee at clause 8.4 to a person who has acquired the product or, where the product is services, any item or property in respect of which we have provided the services. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property, for example by providing evidence of purchase.
17.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 15.2 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
17.4 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.
17.5 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.
17.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
(Complete and return this form only if you wish to withdraw from the contract)
To [TRADER'S NAME, ADDRESS, TELEPHONE NUMBER AND, WHERE AVAILABLE, FAX NUMBER AND E-MAIL ADDRESS TO BE INSERTED BY THE TRADER]
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date
[*] Delete as appropriate