|
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the services (Services) listed on our website [thecookingsschool.co.uk] (Our Site).
|
Please read these terms and conditions carefully before ordering any Services from Our Site. You should understand that by ordering any of our Services, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
[Please click on the button marked "I Accept" when placing your order if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Services from Our Site.]
1. INFORMATION ABOUT US
www.thecookingschool.co.uk is a site operated by The Cooking School at Dean Clough within The Dean Clough Foundation (We). We are registered in England and Wales under company number 2366759 and with our registered office at Dean Clough, Halifax, HX3 5AX. Our VAT number is 991 682477. We are a registered charity (no: 328185).
2. SERVICE AVAILABILITY
Our Services are provided from our premises in Halifax or elsewhere in the United Kingdom (as indicated). Travel to the venue is your responsibility.
3. YOUR STATUS
By placing an order through Our Site, you warrant that:
(a) You are legally capable of entering into binding contracts;
4. OUR STATUS
4.1 Please note that in some cases, We accept orders as agents on behalf of third party sellers. The resulting legal contract is between you and that third party seller, and is subject to the terms and conditions of that third party seller, which they will advise you of directly. You should carefully review their terms and conditions applying to the transaction.
4.2 We may also provide links on Our Site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products or services you purchase [from third party sellers through Our Site, or] from companies to whose website We have provided a link on Our Site, will be of satisfactory quality. This does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and We may disclose your customer information related to that transaction to the third party seller.
5. BASIS OF SALE
5.1 We consider these terms and conditions, the order to set out the whole contract between us (Contract) for the supply of the Services. [These terms and conditions only apply to our contracts with individuals]. Terms for Corporate and Professional Development bookings will be available if mutually agreed.
5.2 Please check that the details in these terms and conditions and on the order are complete and accurate before you commit yourself to the Contract.
5.3 Please ensure that you read and understand these terms before you submit the order, because you will be bound by the terms once a contract comes into existence between us, in accordance with clause 5.6.
5.4 Any samples, drawings, descriptions or advertising We issue, and any descriptions or illustrations contained on Our Site, published solely to provide you with an approximate idea of the Services they describe. They do not form part of the Contract us or any other contract between you and us for the supply of the Services.
5.5 The order is an offer by you to enter into a binding contract with us, which We are free to accept or decline at our absolute discretion.
5.6 The Contract shall come into existence when We issue you with written acceptance of an order.
6. TERMINATION AND COURSE TRANSFER
6.1 All course transfers are available subject to availability.
6.2 Where you have booked with a Gift Voucher you may transfer your booking but you will not be entitled to a refund.
Any transfer or refund will be subject to the following charges:
Over 7 days notice:
6.3 If you cannot attend the course on which you have booked, but can find someone else to take your place, this can be arranged at no extra charge.
6.4 If you cannot attend and we can fill your place, we will transfer you to a course of your choice or give you a full refund.
6.5 All refunds and transfers are subject to an administration fee of £15.00 per person.
Less than 7 days notice:
6.6 If you cannot attend the course on which you have booked, but can find someone else to take your place, this can be arranged at no extra charge.
6.7 If you cannot attend and we can fill your place, we will transfer you to a course of your choice. All transfers under 7 days notice are subject to an administration fee of £15.00 per person plus 15% of the course cost.
6.8 If you wish to cancel your place without transferring to another course you will lose your place and are not entitled to a refund.
7. QUALITY OF SERVICES
7.1 Unless We are prevented from doing so by a Force Majeure Event as defined in clause 14.2, We will provide Services which:
(a) conform in all material respects with their description;
(b) are carried out with reasonable care and skill;
(c) are fit for any purpose We say the Services are fit for, or for any purpose for which you use the Services and about which you have informed us, or We could reasonably expect you to use the Services; and
(d) comply with all applicable statutory and regulatory requirements for supplying the Services in the United Kingdom.
7.2 This warranty is in addition to your legal rights in relation to Services which are not carried out with reasonable skill and care or which otherwise do not conform with these terms and conditions.
7.3 This clause 8 applies to any replacement Services We supply to you in the unlikely event that the original Services do not conform with the Contract.
7.4 You must provide us, in sufficient time, with any information and instructions relating to the Services that is or are necessary to enable us to provide the Services in accordance with these provisions.
7.5 If you do not, or you provide us with incomplete, incorrect or inaccurate information or instructions, We may cancel the order by giving you written notice, or We may make an additional charge of a reasonable sum to cover any extra work that is required.
7.6 We are unable to guarantee that our premises are nut-free.
8. PROVISION OF SERVICES
8.1 We will supply the Services to you on the date specified in the Order.
8.2 We will make every effort to provide the Services on time but there may be delays due to circumstances beyond our control. In this case We will complete the Services as soon as reasonably possible.
8.3 We may have to suspend the Services if We have to deal with technical problems, or to make improvements to the Service. We will let you know in advance where this occurs, unless the problem is urgent or an emergency.
9. DEFECTIVE SERVICES
9.1 In the unlikely event that the Services do not conform with these Terms, please let us know as soon as possible after We have carried them out. We will:
(a) provide you with a full or partial refund,depending on what is reasonable; or
(b) provide you with a gift voucher for another course.
9.2 These Terms will apply to any replacement Services We supply to you.
10. INTELLECTUAL PROPERTY RIGHTS
10.1 The copyright, design right and all other intellectual property rights in any materials and other documents or items that We prepare or produce for you in connection with the Services will belong to us absolutely.
10.2 You may not use the materials, documents or other items detailed in clause 10.1 for any commercial purpose.
11. PRICE AND PAYMENT
11.1 The price of the Services will be as set out on Our Site. Prices are liable to change at any time, but price changes will not affect orders that We have confirmed in writing.
11.2 Full payment is to be made at the time of booking. We accept payment by cash, debit or credit card.
12. OUR LIABILITY
12.1 Our liability for losses you suffer as a result of us breaking the Contract is limited to the purchase price of the Services you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
12.2 This does not include or limit in any way our liability:
(a) For death or personal injury caused by our negligence;
(b) Under section 2(3) of the Consumer Protection Act 1987;
(c) For fraud or fraudulent misrepresentation; or
(d) For any deliberate breaches of the Contract by us that would entitle you to terminate the contract between us.
(e) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
12.3 We are not responsible for the following losses where they are suffered by you in relation to a business:
(a) indirect or consequential loss
(b) loss of income or revenue
(c) loss of business
(d) loss of profits or contracts
(e) loss of anticipated savings
(f) loss of data, or
(g) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable; provided that this clause 13.3 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 13.1 or clause 13.2.
13. EVENTS OUTSIDE OUR CONTROL
13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
13.2 A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following:
(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any government.
13.3 Our obligations under the Contract are suspended for the period that the Force Majeure Event continues, and We will extend the time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract can be performed despite the Force Majeure Event.
14. TRANSFER OF RIGHTS AND OBLIGATIONS
14.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
14.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
14.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
15. NOTICES
All notices sent by you to us must be sent to The Cooking School at Dean Clough, within The Dean Clough Foundation at admin@thecookingschool.co.uk. We may give notice to you at either the e-mail or postal address you provide to us in the order. Notice will be deemed received and properly served 24 hours after an e-mail is sent or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that the e-mail was sent to the specified e-mail address of the addressee.
16. GENERAL
16.1 If any court or competent authority decides that any of the provisions of the Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
16.2 A person who is not party to the Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
17. WAIVER
17.1 If We fail, at any time during the term of a Contract, to insist that you perform any of your obligations under the Contract, or if We do not exercise any of our rights or remedies to which are entitled, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. If We do waive a default by you, that will not mean that We will automatically waive any subsequent default by you.
17.2 No waiver by us of any of these terms and conditions shall be effective unless We expressly say that it is a waiver and is communicated to you in writing in accordance with clause 16.
18. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
18.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
18.2 You will be subject to the terms and conditions in force at the time that you order Services from us, unless any change to these terms and conditions is required to be made in respect of existing orders by law or governmental authority (in which case it will apply to orders previously placed by you).
19. LAW AND JURISDICTION
Contracts for the purchase of Services through Our Site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
|
