TERMS AND CONDITIONS FOR
Beverley Glock Cookery School LIMITED
1. Definitions
‘Booking’ means your agreement to enter into a contract with us for the provision of the Service in accordance with these Terms.
‘Booking Confirmation’ means our notification to you referred to in clause 2.6 below.
‘Price’ means the price for the Service including VAT if applicable, at the current rate but excluding any products sold by us to you which shall be paid for separately under an additional purchase arrangement.
‘Service’ means a cooking workshop or club.
Terms’ means the terms and conditions set out in this document and any special terms and conditions agreed in writing by us.
‘We’ or ‘us’ means Beverley Glock Cookery School Ltd of Park Mill House, Summerleys Rd Princes Risborough HP27 9QB .
‘Workshop or Club Date’ means the date specified by us when the Service will be supplied to you.
‘You’ means the person who buys or agrees to buy the Service from us.
2. Terms applicable
2.1. These Terms shall apply to all supplies of the Service by us to you to the exclusion of all other terms and conditions including any terms or conditions which you may try to apply under any purchase order confirmation or order or similar document.
2.2. Please check that the details in these Terms and the Booking are complete and accurate before you commit yourself to the contract. If you think there is any mistake please ask us to confirm any changes in writing.
2.3. Please ensure you read and understand these Terms before you place the Booking because you will be bound by these Terms once a contract comes into existence between us in accordance with clause 2.6.
2.4. All bookings for the Service shall be deemed to be an offer by you to purchase the Service pursuant to these Terms which we are free to accept or decline at our absolute discretion.
2.5. Your agreement to a Workshop/Club Date and payment of the Price shall be deemed conclusive evidence of your acceptance of these Terms.
2.6. These Terms shall become binding on you and us when we have received the Price in full in accordance with clause 3 below and we either:
(a) issue you with written or email acceptance of a Booking; or
(b) notify you that we are able to provide the Service
whichever is the earlier, at which point a contract will come into existence between us.
2.7. We shall assign a booking number to the Booking and inform you of it in the Booking Confirmation. Please quote the booking number in all subsequent correspondence with us relating to the Booking.
2.8. Any variation to these Terms (including any special terms and conditions agreed) shall be inapplicable unless agreed in writing by us.
2.9. Nothing in these conditions shall affect the statutory rights of any consumer.
3. The Price and payment
3.1. The Price shall be the price set out in our quotation to you or, if we have not provided a quotation or it has expired, in our price list in force at the time we confirm your Booking. Prices are liable to change at any time, but price changes will not affect Bookings that we have confirmed.
3.2. The Price is inclusive of VAT (which is payable by you and charged at the rate applicable if applicable). Please note the Price is non-refundable unless otherwise stated in these Terms.
3.3. We shall not be bound to supply the Service until we have received payment in full for it. Full payment shall be due when you place the Booking for the Service either directly with us or with any of our approved third parties. Pre-paid vouchers will only behonoured if they are redeemed for use in accordance with their terms and conditions and for a Workshop/Club Date which is within the validity period for which they were purchased.
4. Quality of Service
4.1. You agree to accept the Service at all times in accordance with the instructions, notices or information supplied by us and/or on any additional materials provided by us to you.
4.2. We warrant that the Service will:
(a) correspond to the description given by us;
(b) be carried out with reasonable skill and care; and
(c) be fit for any purpose we say the Service is fit for.
4.3. If you purchase any products from us during the supply of the Service, except where you are dealing as a consumer (as defined in the Unfair Contract Terms Act 1977 Section 12) all other warranties, conditions or terms relating to fitness for purpose, merchantability or condition of the products and whether implied by statute or common law or otherwise are excluded.
4.4. The warranty in clause 4.2 is in addition to your legal rights in relation to the Service which is not carried out with reasonable skill or care or which otherwise does not conform with these Terms. Advice about your legal rights is available from your local Citizens Advice Bureau or Trading Standards Office.
4.5. These Terms apply to any replacement Service we supply to you in the unlikely event that the original Service does not conform to these Terms.
4.6. You must provide us, in sufficient time, with any information and instructions relating to the Service that is or are necessary to enable us to provide the Service in accordance with these Terms. If you do not, or you provide us with incomplete, incorrect or inaccurate information or instructions, we may cancel the Booking by giving you written notice, or we may make an additional charge of a reasonable sum to cover any extra work that is required.
4.7. Subject to 8.2 below we disclaim liability to the fullest extent permitted by law where supply of the Service or your use of the products purchased from us has been other than in accordance with clause 4.2 above.
5. Supply of the Service
5.1. Subject to clauses 5.2 and 5.3 we shall supply the Service to you on the Workshop/Club Date.
5.2. We will make every effort to complete the Service on time but we shall not be liable for any failure to perform the Service or any other obligation or for any loss due to circumstances beyond our control. In this case we will complete the Service as soon as reasonably possible.
5.3. We may have to suspend the Service if we have to deal with technical problems but we will let you know in advance where this occurs, unless the problem is urgent or an emergency. In this case we will reschedule the performance of the Service with you or refund to you the Price paid in which case we will have no further liability to you subject to these Terms.
5.4. We may sub-contract or delegate the performance of the Service to any of our cooking organisers or franchisees but shall remain responsible for ensuring the Service meets the standards required under these Terms.
6. Cancellation
6.1. You do not have the right to cancel the contract once the Booking is accepted by us. If you do wish to cancel the Booking at any time we may choose to accept this in our sole discretion but you will not be entitled to any refund of the Price. All notices of cancellation must be in writing. We do not accept cancellations by telephone.
6.2. Where the Workshop/Club Date is cancelled by us we will refund the Price you have paid to us to you and will have no further liability to you with regard to the cancellation.
6.3. Cancellation of any contract, howsoever or whenever occasioned shall be subject to any rights and remedies the parties may have under these Terms or in law.
6.4. Where you cancel then you shall have no further rights whatever in respect of the supply to you of the Service
7. Defective Service
7.1. In the unlikely event that the Service does not conform to 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) re-perform the Service.
7.2. These Terms will apply to any replacement Service we supply to you.
8. Limitation of Liability
8.1. Subject to clause 8.2, if either of us fails to comply with these Terms, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which we or you could reasonably foresee would result from the failure to comply with these Terms.
8.2. Neither of us shall be responsible for losses that result from our failure to comply with these Terms including, but not limited to the following categories:
(a) loss of income or revenue;
(b) loss of business; or
(c) loss of anticipated savings.
However, this clause 8.2 shall not prevent claims for foreseeable loss of, or damage to, your physical property.
8.3 Clauses 8.1 and 8.2 do not include or limit in any way our liability for:
(a) death or personal injury caused by our negligence or that of our agents, contractors and employees acting within the scope of their authority; or
(b) fraud or fraudulent misrepresentation; or
(c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 (as amended); or
(d) losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability; or
(e) any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
8.4 We shall not be liable or responsible for disappointment howsoever caused or occasioned.
9. General
9.1. If any court or competent authority decides that any of the provisions of these Terms 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.
9.2. If we fail, at any time while these Terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any of our rights or remedies under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
9.3 We will only use the personal information you provide to us to provide the Service, or to inform you about similar services which we provide, unless you tell us that you do not want to receive this information. All data you provide to us will be held in accordance with our Privacy Policy.
9.4. Both parties undertake to each other to comply with the Data Protection Act 1998 insofar as it relates to these Terms and you hereby agree to the processing of your personal information by us for the purposes of complying with our obligations under these Terms.
9.5. You acknowledge and agree that we may pass your details to credit reference agencies.
9.6. A person who is not a party to these Terms has no right under the Contract (Rights of Third Parties) Act 1999 to enforce any provision of these Terms.
9.7. These Terms contain the entire agreement and understanding between you and us in relation to the Service. Neither you nor we have relied on any representation or agreement (whether written or oral) not set out or referred to in these Terms. This clause shall not exclude liability for any fraudulent warranty, or representation.
9.8. You may not transfer any of your rights or obligations under these Terms to another person without our prior written consent, which we will not withhold unreasonably. We can transfer all or any of our rights and obligations under these Terms to anotherorganisation, but this will not affect your rights under these Terms
9.9. All notices sent by you to us must be sent to Beverley Glock Cookery School Ltd, Park Mill House, Summerleys Rd, Princes Risborough, Bucks, HP27 9QB and/or by email to [email protected] We may give notice to you at either the e-mail or postal address you provide to us in the Booking. 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.
9.10. These Terms are subject to English law and you and we agree to submit to the non-exclusive jurisdiction of the English courts.