TERMS & CONDITIONS
1.1 The definitions in this clause apply to these Terms:
Booking: your booking for a Course, Lesson or Event
Booking Confirmation: shall have the meaning set out in clause 2.5.
Course: two or more Lessons.
Event: event as set out in the Booking Confirmation.
Force Majeure Event: shall have the meaning given in clause 12.
Group Lesson: School of Wok Group Class as described on Our Website
Head Office: location of School of Wok from time to time
Lesson: one lesson as described on Our Website (for online Bookings) or as set out in the Booking Confirmation.
Lesson Date: time and date when your Lesson or Event is scheduled to take place.
Our Website: www.schoolofwok.co.uk
Party Lesson: Lesson for 4 or more people
Services: the services that we are providing to you as set out in the Booking Confirmation.
Terms: the terms and conditions set out in this document.
We/us: Jeremy Pang trading as "School of Wok".
Writing or written: includes faxes and e-mail.
You: the student.
1.2 Headings do not affect the interpretation of these Terms.
2 Basis of Sale
(a) We consider these Terms, the Booking Confirmation and our price list (as set out under the heading "Courses" on Our Website from time to time, for online Bookings) to set out the whole agreement between you and us for the supply of the Services. These Terms only apply to our contracts with consumers.
(b) Please check that the details in these Terms and on the Booking Confirmation are complete and accurate before you commit yourself to the contract. If you think that there is a mistake, please make sure that you ask us to confirm any changes in writing, as we only accept responsibility for statements and representations made in writing by our authorised employees and agents.
(c) Please ensure that you read and understand these Terms before you submit the Booking, because you will be bound by the Terms once a contract comes into existence between us, in accordance with clause 2.5.
2.1 Any descriptions, photographs or advertising we publish or issue or contained in Our Website, are solely intended to provide you with an approximate idea of the services they describe. They do not form part of the contract between you and us or any other contract between you and us for the supply of the Services.
2.2 If any of these Terms are inconsistent with any term of the Booking Confirmation, the Booking Confirmation shall prevail.
2.3 The Booking 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.
2.4 These Terms shall become binding on you and us when:
(a) we issue you with written acceptance of a Booking; or
(b) we notify you by email or telephone (or telephone in the event that you do not provide an email address) that we are able to provide the Services,
(Booking Confirmation) whichever is the earlier, at which point a contract shall come into existence between us.
3 Cancellation or Rescheduling of a Lesson or Event by you
3.1 If you wish to cancel or reschedule a Course, Lesson and/or an Event, you must do so by notifying us by telephone, in the first instance and then by providing written confirmation in accordance with this clause 3.1.
The Course, Lesson and/or Event will only be cancelled or rescheduled when you receive notice in writing (or telephone in the event that you do not provide an email address) from us confirming the cancellation or rescheduling. Your right to cancel or reschedule will end as soon as the Lesson or Event has started. Booking your Course, Lesson or Event closes our availability to other clients. Therefore in certain circumstances, as set out below, a cancellation fee will be payable by you to us. The cancellation fee will be determined by:-
The Price which would have been payable for the cancelled or rescheduled Course, Lesson or Event if it had not been cancelled or rescheduled, based on the Booking Confirmation.; and
The period of notice of cancellation received by us.
The cancellation fee shall be calculated in accordance with the following Cancellation Schedule:
Period of Notice received by us
Cancellation Fee as a percentage of the Price for the cancelled or rescheduled Lesson or Event
48 hours or more before the Lesson Date
24 hours to 48 hours before the Lesson Date
0-24 hours before the Lesson Date
3.2 If you reschedule or cancel less than 48 hours before the scheduled start of the Lesson or Event, in addition to any cancellation fee calculated in accordance with clause 3.1 above, you will also be liable to us for payment of all costs we reasonably incur in preparing for the Lesson or Event until we receive your notice to cancel or reschedule. For the avoidance of doubt, but without limitation, you will be liable to pay to us the costs of any and all ingredients and/or equipment and/or venue purchased and/or hired for the cancelled Lesson or Event. [However, where the cancellation is due to our failure to comply with these Terms you shall have no liability to us for it.]
3.3 If your Booking is for a Course, for the purposes of this clause 3 only, each Lesson forming part of the Course shall be treated as a separate Lesson and the cancellation fee shall be calculated in accordance with the Cancellation Schedule set out in clause 3.1 above as a percentage of the Price (shown on Our Website from time to time) of the Lesson described as "Your Favourite Dishes Course" for the number of people participating in your Course.
3.4 If your Booking is for a Course, the cancellation of 50% or more of the Lessons forming part of the Course (irrespective of whether such Lessons are cancelled at the same time or separately) shall incur a further cancellation fee (in addition to the cancellation fee calculated in accordance clause 3.3 above). This additional cancellation fee shall be 100% of the Price (shown on Our Website from time to time) of one Lesson described as "Your Favourite Dishes Course" for the number of people participating in your Course.
3.5 If your Booking is for one Party Lesson, if you reschedule or cancel the Party Lesson the 50% of the Price which you have paid at least one week before the Lesson Date in accordance with clause 9.4 below shall not be refundable. If you reschedule or cancel the Party Lesson less than 24 hours before the Lesson Date, the cancellation fee shall be calculated in accordance with the Cancellation Schedule set out in clause 3.1 above.
3.6 If your Booking is for two or more Party Lessons, if you reschedule or cancel the Party Lessons, the Price which you have paid at least one week before the Lesson Date of the First Party Lesson in accordance with clause 9.5 below shall not be refundable. After the First Party Lesson, for the purposes of this clause 3 only, each Party Lesson forming part of the Booking shall be treated as a separate Party Lesson and the cancellation fee shall be calculated in accordance with the Cancellation Schedule set out in clause 3.1 above as a percentage of the Price (as set out in the Booking Confirmation) of one Party Lesson.
3.7 We have the right to revise and amend these Terms from time to time. You will be subject to the policies and terms in force at the time that you receive a Booking Confirmation, unless any change to those policies or these Terms is required by law or government or regulatory authority in which case it will apply to Bookings you have previously placed that we have not yet fulfilled.
4 Cancellation or Rescheduling of Bookings by Us
4.1 We may cancel or reschedule a Course, Lesson and/or an Event for any reason at any time prior to the scheduled time of the first Lesson (for a Course), Lesson or Event, by telephone or notice in writing in accordance with this clause 4.1.
4.2 Subject to clauses 5.6 and 11.4, and provided only that cancellation by us is not as a result of a breach by you of these Terms, if we cancel a Booking in accordance with clause 4.1 and the Booking or any part thereof has been paid for in accordance with clause 9 as at the time of the cancellation, all sums paid for the Booking or part thereof shall be refunded by us to you.
4.3 Without prejudice to our right to cancel or reschedule for any reason, we may, without limitation, cancel or reschedule a Booking by telephone or notice in writing in accordance with this clause 4 for the following reasons:
(a) a Booking is for a Group Lesson and less than 5 people have made a Booking for the Group Lesson; or
(b) there is a Force Majeure Event.
5 Quality of services
5.1 Whilst every effort will be made to produce the exact menu agreed, we reserve the right to alter a particular ingredient or item on the menu if it is not available, and replace it with a suitable alternative.
5.2 Unless we are prevented from doing so by a Force Majeure Event, 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.
5.3 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. Advice about your legal rights is available from your local Citizens\' Advice Bureau or Trading Standards office.
5.4 These Terms apply to any replacement Services we supply to you in the unlikely event that the original Services do not conform with these Terms.
5.5 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 Terms.
5.6 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. If we cancel the Booking in accordance with this clause 5.6, you will be liable to us for payment of all costs we reasonably incur in preparing for the Course, Lesson or Event until we we provide you with written notice of the cancellation. For the avoidance of doubt, but without limitation, you will be liable to pay to us the costs of any and all ingredients and/or equipment and/or venue and/or personnel purchased and/or hired for the cancelled Course, Lesson or Event.
5.7 We only supply the Services for domestic and private use, and you agree not to use the Services for any commercial purpose.
6 Provision of services
6.1 We will supply the Services to you on the Lesson Date as set out in the Booking Confirmation or as rescheduled in accordance with these Terms.
6.2 We will make every effort to start the Lesson or Event on time but there may be delays due to circumstances beyond our control. In this case we will try to notify you by telephone and will start the Lesson or Event as soon as reasonably possible.
7 Intellectual property rights
7.1 The copyright, design right, trade marks and all other intellectual property rights (including without limitation any goodwill) in any materials and other documents (including without limitation recipes) or items that we prepare or produce for you in connection with the Services will belong to us absolutely.
7.2 You may not use the materials, documents or other items detailed in clause 7.1 for any commercial purpose.
8 Price and payment
8.1 The price of the Services will be as set out in the Booking Confirmation (Price). If the prices in the price list on Our Website differ from the Price set out in the Booking Confirmation, the Price set out in the Booking Confirmation will prevail. Prices are liable to change at any time, but price changes will not affect Booking Confirmations already provided to you prior to the time of the price change.
8.2 Unless otherwise stated in writing, our prices do not include travel expenses or a sum to cover travel time where the Services are to take place in a location situated over one hour travel time (whether by car or public transport, at our discretion) from our Head Office. For travel time from our Head Office of between one hour to 90 minutes, a further GBP 15.00 shall be added to the Price. For travel time from our Head Office which exceeds 90 minutes, the charge to cover travel expenses and/or travel time shall be subject to negotiation.
8.3 You must pay the full amount set out in the Booking Confirmation.
(a) For online Bookings, you must pay the Price at the time that you make the online Booking by Paypal.
(b) For all other Bookings (except for Party Lessons), you must pay the Price in cleared monies on or before of the Lesson Date (if your Booking is for a Course, the date of the first Lesson) by cash or bank transfer to us at the bank account, the details of which we provided to you in the Booking Confirmation.
8.4 For one Party Lesson, you must pay 50% of the Price in cleared monies at least one week before the Lesson Date by bank transfer to us at the bank account, the details of which we provided to you in the Booking Confirmation. Such sum shall not be refundable in the event of a cancellation by you. You must pay the remaining 50% of the Price in cleared monies on or before of the Lesson Date (if your Booking is for a Course, the date of the first Lesson) by cash or bank transfer to us at the bank account, the details of which we provided to you in the Booking Confirmation.
8.5 For a Booking for two or more Party Lessons, you must pay the Price in cleared monies at least one week before the Lesson Date of the First Party Lesson by bank transfer to us at the bank account, the details of which we provided to you in the Booking Confirmation. Such sum shall not be refundable in the event of a cancellation by you. You must pay the Price for each subsequent Party Lesson in cleared monies on or before of the Lesson Date of that Party Lesson by cash or bank transfer to us at the bank account, the details of which we provided to you in the Booking Confirmation
8.6 If you do not make any payment due to us by the due date for payment (as set out in clause 9), we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of [BANK] 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 the overdue amount.
8.7 Without limiting any other remedies or rights that we may have, if you do not pay us on time, we may cancel or reschedule the Course, Lesson or Event until you have paid the outstanding amounts.
9 HEALTH AND SAFETY
9.1 Any special allergies must be made known to us in writing at least 48 hours prior to the time scheduled for your first Lesson (for a Course), Lesson or Event. This will ensure that special dietary requirements are taken into consideration in the menu selection. On request, we will inform you of the ingredients prior to your Lesson or Event. It is your responsibility to notify us if any of the proposed ingredients are unsuitable for you, for example, but without limitation, in light of any allergies. We cannot guarantee that ingredients will not contain traces of products which may give rise to your allergies.
9.2 You undertake to take such steps as may be properly recommended by us or may otherwise be necessary to ensure that conduct of your Lesson or Event (including without limitation the preparation of food) will be without risk to health and safety.
9.3 You undertake to observe Health & Safety rules and regulations during your Lesson or Event.
9.4 We advise that all food must be consumed after two hours of initial serving, therefore any food consumed after two or more hours of it first being served is at the your discretion and therefore becomes your responsibility.
10 Limitation of liability
10.1 Our aggregate liability to you in respect of any loss or damage whether arising in contract, tort, for breach of statutory duty or otherwise shall be limited to and shall not in any circumstances exceed the Price paid by you to us in respect of the Course, Lesson or Event in relation to which any such claim is made.
10.2 We shall not in any circumstances be liable whether in contract, tort, for breach of statutory duty or otherwise for any consequential or indirect loss or damage howsoever arising and of whatsoever nature (including, without limitation, loss of profit, loss of goodwill, loss of revenue, loss of anticipated benefit, business interruption, management time or third party liability).
10.3 We confirm that we have and will maintain sufficient Public Liability Insurance for the nature of the Booking. A copy of the certificate (or scanned PDF image) is available upon request.
10.4 Where we use kitchen facilities provided by you for a Course, Lesson or Event, they will be thoroughly reviewed prior to the First Lesson (if the Booking is for a Course), Lesson or Event but if they are deemed to be unusable on the date of the Lesson or Event, then we may cancel the Booking by giving you written notice, and we will accept no liability for cancellation of the Course, Lesson or Event. If we cancel the Booking in accordance with this clause 11.4, you will be liable to us for payment of all costs we reasonably incur in preparing for the Course, Lesson or Event until we we provide you with written notice of the cancellation. For the avoidance of doubt, but without limitation, you will be liable to pay to us the costs of any and all ingredients and/or equipment and/or venue and/or personnel purchased and/or hired for the cancelled Course, Lesson or Event.
10.5 Subject to clause 10.7, 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.
10.6 Neither of us shall be responsible for losses that result from our failure to comply with these Terms including, but not limited to, losses that fall into the following categories:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of anticipated savings; or
(d) loss of data.
10.7 This clause does not exclude or limit in any way our liability for:
(a) death or personal injury caused by our negligence; 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 Services and Services Act 1982; 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.
11 Events outside our control
11.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (Force Majeure Event).
11.2 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; or
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic, extreme weather conditions or other natural disaster; or
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or
(e) impossibility of the use of public or private telecommunications networks.
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 another organisation, but this will not affect your rights under these Terms.
All written notices sent by you to us must be sent to Jeremy Pang at [email protected]. We may give written notice to you at the e-mail address you provide to us in the Booking. Written notice will be deemed received and properly served 24 hours after an e-mail is sent. In proving the service of any written notice, it will be sufficient to prove, in the case of an e-mail, that the e-mail was sent to the specified e-mail address of the addressee.
14 Data protection
14.1 We will only use the personal information you provide to us to provide the Services, or to inform you about similar services which we provide, unless you tell us that you do not want to receive this information. We will not pass your data to third parties.
15.1 Cancellation pursuant to clauses 3 or 4 will not affect either party\'s outstanding rights or duties, including our right to recover from you any money you owe us under these Terms.
15.2 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.
15.3 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.
15.4 Where two or more persons are a party to these Terms as the student, the liability of such persons shall be joint and several.
15.5 A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
15.6 These Terms shall be governed by English law and you and we both agree to the non-exclusive jurisdiction of the English courts.