1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which you can make a booking for a place on the courses listed on our website..
1.2 Why you should read them. Please read these terms carefully before you make a booking. These terms tell you who we are, how we will provide our 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.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Exeter Cookery School Limited, a company registered in England and Wales. Our company registration number is 09462631 and our registered office is at Unit 2 Old Brewery Road, Wiveliscombe, Somerset TA4 2PQ. Our trading address is 60 Haven Road, Quayside, Exeter, Devon EX2 8DJ.
2.2 How to contact us. You can contact us by telephoning our customer service team at 07415 783759 or by writing to us at [email protected], or by post at 60 Haven Road, Quayside, Exeter, Devon, EX2 8DJ
2.3 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.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 How we will accept your order. Our acceptance of your booking will take place when we email you to confirm your booking, 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 booking, we will inform you of this and will not charge you for the booking. This might be because the course you have chosen is fully booked, or the course is no longer available or because we have identified an error in the price or description of the course.
3.3 Your order number. We will assign a reference number to your booking and notify you of the reference number when we confirm your booking.It will help us if you can tell us the reference number whenever you contact us about your booking.
3.4 We only provide courses in the UK. Although you can make a booking from anywhere in the world, our courses are only conducted at our cookery school. You will be responsible for arranging your attendance to the course.
4. OUR COURSES
4.1 Courses and products may vary slightly from their description. The details of the courses listed on our site are for information purposes only and should not be taken as an exact indication of the courses’ content. We will notify you of the course itinerary on the day we deliver the course.
4.2 Eligibility Our courses are only available to persons aged 18 or over. If you are not 18 years of age or over, you will not be able to book or attend our courses.
5. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to your booking 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 your booking, the time and date of the course 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.
6. OUR RIGHTS TO MAKE CHANGES
6.1 Minor changes to the courses. We may change the courses:
6.1.1 to reflect changes in relevant laws and regulatory requirements, such as the Food Hygiene legislation or the Health and Safety At Work regulations; and
6.1.2 to implement minor technical adjustments and improvements, for example to address a security threat. These changes should not affect your use of the course. .
6.2 More significant changes to the products and these terms. In addition, as we informed you in the description of the product on our website, we may make the following changes to the product, but if we do so we will notify you and you may then contact us to end the contract and receive a full refund before the changes take effect:
6.2.1 date and time of the courses, course content, course lecturer/teacher
7. CONDUCTING THE COURSES
7.1 When we will provide the courses. The course you have chosen will take place at the time and date agreed with you during the booking process.
7.2 We are not responsible for delays outside our control. If the course you have booked 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 your booking.
7.3 What will happen if you do not give required information to us. We may need certain information from you so that we can provide the course to you, for example, dietary requirements or allergy information. If so, this will have been stated in the description of the course 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 course 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.
7.4 Reasons we may suspend the course. We may have to suspend the supply of a product to:
7.4.1 deal with technical problems;
7.4.2 update the course to reflect changes in relevant laws and regulatory requirements;
7.4.3 make changes to the course as requested by you or notified by us to you (see clause 6).
7.5 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending the course, unless the problem is urgent or an emergency.
7.6 We may also suspend supply of the courses if you do not pay. If you do not pay us for the course when you are supposed to (see clause 12.4) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the course until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the course. We will not charge you for the course during the period for which they are suspended. As well as suspending the course we can also charge you interest on your overdue payments (see clause 12.5).
8. YOUR RIGHTS TO END THE CONTRACT
8.1 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:
8.1.1 If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get a service re-performed or to get some or all of your money back), see clause 11;
8.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
8.1.3 If you have just changed your mind about the course, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;
8.1.4 In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.6.
8.2 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 below the contract will end immediately and we will refund you in full and you may also be entitled to compensation. The reasons are:
8.2.1 we have told you about an upcoming change to the course or these terms which you do not agree to (see clause 6.2);
8.2.2 we have told you about an error in the price or description of the course for which you made a booking and you do not wish to proceed;
8.2.3 there is a risk that the course may be significantly delayed because of events outside our control;
8.2.4 we have suspended the course for technical reasons, or notify you we are going to suspend them for technical reasons, or
8.2.5 you have a legal right to end the contract because of something we have done wrong.
8.3 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.
8.4 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:
8.4.1 courses which have, or will be, conducted within the 14 day cooling off period set out in clause 8.3.;
8.4.2 services, once these have been completed, even if the cancellation period is still running;
8.5 How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.
8.5.1 Have you bought services (for example, a cookery course)? If so, you have 14 days after the day we email you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
8.6 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 any other rights to end the contract (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 services is completed when we have finished providing the services and you have paid for them. If you want to end the contract in these circumstances, just contact us to let us know.If you do this the contract will end immediately and we will refund any sums paid by you for any courses 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
9. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
9.1.1 Phone or email. You can call us on 07415 783759. Alternatively you can write to us by e-mail at [email protected], or by post at 60 Haven Road, Quayside, Exeter, Devon, EX2 8DJ. Please provide your name, home address, details of the order and, where available, your phone number and e-mail address.
9.1.2 Online. Complete the form on our website.
9.1.3 By post. simply write to us as that address, including the information required in the form.
9.2 How we will refund you. We will refund you the price you paid when you made your booking, by the method you used for payment. However, we may make deductions from the price, as described below.
9.3 Deductions from refunds. If you are exercising your right to change your mind:
9.3.1 Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
9.4 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 your refund will be made within 14 days of your telling us you have changed your mind
10. OUR RIGHTS TO END THE CONTRACT
10.1 We may end the contract if you break it. We may end the contract for a course at any time by writing to you if:
10.1.1 you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
10.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, dietary requirement or allergy information;
10.2 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 your booking but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract .
10.3 We may withdraw the course. We may write to you to let you know that we are no longer providing the course. We will let you know in advance of our stopping the supply of the course and will refund any sums you have paid in advance for the course which will not be provided.
11. IF THERE IS A PROBLEM WITH THE PRODUCT
11.1 How to tell us about problems. If you have any questions or complaints about a course, please contact us. You can telephone our customer service team at 07415 783759. Alternatively you can write to us by e-mail at in[email protected], or by post at 60 Haven Road, Quayside, Exeter, Devon, EX2 8DJ.
11.2 Summary of your legal rights. We are under a legal duty to supply courses that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the courses. Nothing in these terms will affect your legal rights.
Summary of your key 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 services, for example a cookery course, the Consumer Rights Act 2015 says:
• 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.
• if you haven’t agreed a price upfront, what you’re asked to pay must be reasonable.
• if you haven’t agreed a time upfront, it must be carried out within a reasonable time.
12. PRICE AND PAYMENT
12.1 Where to find the price for the product. The price of our course (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 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.
12.2 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.
12.3 What happens if we got the price wrong. It is always possible that, despite our reasonable care, some of the courses on our site may be incorrectly priced. We will normally check prices before accepting your booking so that, where the courses correct price at your booking date is less than our stated price at your booking date, we will charge the lower amount. If the courses correct price at your booking date is higher than the price stated on our site, we will contact you for your instructions before we accept your booking. 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.
12.4 When you must pay and how you must pay.
The price of our courses is payable in advance, when you make a booking.
12.5 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 4% a year above the base lending rate of 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.
13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
13.1 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.
13.2 We are not liable for business losses. Our courses are not intended for business or commercial purposes and If you use the courses 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.
14. HOW WE MAY USE YOUR PERSONAL INFORMATION
14.1 How we will use your personal information. We will use the personal information you provide to us:
14.1.1 to supply the products to you;
14.1.2 to process your payment for the products; and
14.1.3 if you agreed to this during the order process, to inform you about similar products that we provide, but you may stop receiving these at any time by contacting us.
15. OTHER IMPORTANT TERMS
15.1 We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 14 days of us telling you about it and we will refund you any payments you have made in advance forany courses not provided.
15.2 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, or if your booking has been made by you on behalf of a third party (for example, by way of a gift voucher). We may require the person to whom your rights are transferred to provide reasonable evidence that they are now the owner of the relevant item or property, for example by providing evidence such as a gift voucher.
15.3 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 termsNeither 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.
15.4 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.
15.5 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 course, we can still require you to make the payment at a later date.
15.6 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.