Terms & Conditions

Spotty Green Frog Limited is trading via this website as Spotty Green Frog.  By entering this website and/or placing on order or making an enquiry you agree to be bound by the Conditions set out below.

• Copyright & Trademarks, Conditions of Website Use
• Contract Formation
• Refusal of Transaction
• Limitation of Liability
• Currency
• Severance
• Waiver
• Entire Agreement
• Law
• Contact

Our Refunds and Returns Policy and Procedures, Delivery Policy and our Privacy Policy as set out on this website shall also be deemed to form part of these Conditions as shall any terms and conditions included in relation to specific products.

Intellectual Property and Conditions of Website Use - You acknowledge and agree that all trademarks, copyright and other intellectual property rights in all content or material supplied as part of this website shall at all times remain vested in Spotty Green Frog or our licensors. You are permitted to use this content and material only as expressly authorised by Spotty Green Frog or our licensors.

You acknowledge and agree that the content and material contained within this website is made available only for your non-commercial personal use and that you may (if necessary to make a purchase) download such content or material onto only one computer for such purpose. Any other use of the content and material of this website is prohibited. You agree not to (and agree not to facilitate or assist any third party to) reproduce, copy, publish, transmit, display, distribute, create derivative works of or commercially exploit such content and material.

Personal Information - You confirm that any personal information which you provide on registration is true, complete, current and accurate in all respects. You will notify of any changes to the personal information provided (as amended from time to time) on registration by email or by telephoning 0845 459 3270.

By registering, taking steps to place an order or signing up for a newsletter or other information on this website or by otherwise providing your email address you are deemed to have consent to receiving emails from or on behalf of Spotty Green Frog.  You may, however, withdraw this consent at any time by using the unsubscribe option on an email which has been sent to you by or on behalf of Spotty Green Frog or sending an email to us via contact us informing us of your decision.

Indemnity - You agree fully to indemnity Spotty Green Frog and hold Spotty Green Frog and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of the website, or the use of any other person accessing this website using your shopping account an/or your personal information as referred to above.

Third Party Links - To provide increased value to users of this website, Spotty Green Frog may provide links to other websites or resources for you to access at your sole discretion.

You acknowledge and agree that as you have chosen to enter the linked website Spotty Green Frog is not responsible for the availability of such linked websites or resources and do not endorse or review and are not liable or responsible, directly or indirectly for i) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (ii) the use to which others make of these websites or resources iii) the privacy practices of such websites nor for any damage, loss or offence caused or alleged to be caused by or in connection with, the use of or reliance on any such content, advertising, goods, products or other services and materials available on such external websites or resources.

Contact Formation - The technical steps required to create a contract between you and Spotty Green Frog are:

• You place the order for your selected products by pressing the “checkout” button at the end of the check-out process. You will be guided through the process of placing an order by a series of instructions on the website.
• We will send to you and Order Confirmation email detailing the products which you have ordered. This is not an acceptance from Spotty Green Frog.
• At the same time as your order is dispatched from our storage unit or warehouse we will send you a dispatch confirmation email.
• Order acceptance and completion of the contract between you and us will take place on the despatch to you of the products ordered unless we have notified you that we do not accept your order or you have cancelled it.

Non-acceptance of an order may be a result of one of the following reasons:

• Our inability to obtain authorisation for your payment
• The identification of a pricing, offer description or product error
• The product(s) you ordered being unavailable from stock
• You not meeting the eligibility to order criteria as set out below

Refusal of Transaction - Spotty Green Frog reserves the right to withdraw any products from this website at any time and/or remove or edit any materials or content to this website. Spotty Green Frog may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. Spotty Green Frog will not be liable to you or any third party by reason of Spotty Green Frog withdrawing any product from this website whether or not that product has been sold; 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.

Limitation of Liability - While Spotty Green Frog will use reasonable endeavours to verify the accuracy of any information which Spotty Green Frog places on this website, Spotty Green Frog makes no warranties, whether implied or express in relation to its accuracy.

This website is provided on an “as available” and “as is” basis without any endorsement or representation made and Spotty Green Frog makes no warranties of any kind, whether implied or express or any transaction which may be conducted through or on this website including but not limited to implied warranties of non-infringement, compatibility, security, accuracy, merchantability of products, fitness for purpose of products, conditions of completeness, or any implied warranty arising from the course of usage, dealing or trade.

Price and availability information is subject to change without notice. Spotty Green Frog makes no warranty that this website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the service that makes it available are free of bugs or viruses or represents the full accuracy, functionality or reliability of this website. To the fullest extent permissible under applicable law, Spotty Green Frog disclaims any and all warranties of any kind, whether implied or express, in relation to any products displayed or promoted on this website.

This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights referred to in the section headed “Refunds and Returns”. Spotty Green Frog will not be liable, in tort (including, without limitation, negligence), pre-contract or other representations (other than negligent or fraudulent misrepresentations) or otherwise out of or in connection with the Conditions for:

• any loss of goodwill or reputation: or
• any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions; or
• any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings).

Nothing in the Conditions shall limit or exclude our liability for personal injury or death resulting from Spotty Green Frog's negligence or that of Spotty Green Frogs’ servants, employees or agents.

Currency - Only payments in Sterling are accepted on this site.

Missing or Damaged Items - You must notify us in writing by email or letter within 48 hours of receiving your order if items are missing or damaged.  If your order has not been received within 7 working days please contact us so that we can have our courier firm trace the package.  We cannot accept claims for missing orders, missing items or items damaged in transit more than 14 days after the date of order. 

Orders Returned as Undeliverable - If an order is returned as underliverable because the courier firm or Royal Mail could not deliver the item, you did not collect it from their depot or you made an error on the delivery address the item will be returned to us.  There will be a £7.99 charge for such items that will be duducted from any refund due.

Payment on Invoice - Whilst Spotty Green Frog does not offer credit terms, we do allow payment on invoice for schools that do not have credit card facilities and are only able to pay on invoice.  However, invoices are due upon receipt of order or within 14 days of receipt.  Invoices unpaid after 14 days will accrue a late charge of £25 per day.  Any invoice unpaid after 30 days will result in a County Court Action being filed and a fee of £250 will be charged plus solictors fees of £350 per hour +VAT.  Late charges of £25 per day will continue to be charged until all outstanding amounts have been paid, including late charges and County Court filing fees and legal costs.  If we have to enforce a County Court Judgement there will be an additional fee of £2,500 due in additional to all outstanding amounts.

Severance - If any part of the Conditions shall be deemed void, unlawful or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the enforceability and validity of any of the remaining provisions in the Conditions.

Waiver - No waiver by Spotty Green Frog shall be construed as a waiver of any proceeding or succeeding breach of any provision. Each provision of the Conditions shall be construed as separately applying and surviving even if for any reasons one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

Entire Agreement - These Conditions govern Spotty Green Frog relationship with you. Any changes to these Conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what Spotty Green Frog and you are expected to do. You confirm that, in agreeing to accept the Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these conditions and you agree that you shall have no remedy in respect of any representation.

Your Statutory Rights are not affected by theses terms and conditions. Nothing in this Clause shall limit or exclude our liability in respect of fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.

Law - The Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.

Contact - The registered company address of Spotty Green Frog Limited is BTC House, Chapel Hill, Longridge, Preston, Lancashire. PR3 3JY