Courses - Terms & Conditions

BACKGROUND:

             These Terms & Conditions, together with any and all other documents referred to herein, set out the terms under which courses are sold by Us to consumers through this website, www.deiniolwilliams.uk (“Our Site”).  Please read these Terms & Conditions carefully and ensure that you understand them before booking any Courses from Our Site.  You will be required to read and accept these Terms & Conditions when booking Courses.  If you do not agree to comply with and be bound by these Terms & Conditions, you will not be able to book Courses through Our Site.  These Terms & Conditions, as well as any and all Contracts are in the English language only.

 

1.                Definitions and Interpretation

1.1              In these Terms & Conditions, unless the context otherwise requires, the following expressions have the following meanings:

“Contract” means a contract for the purchase and sale of Courses, as explained in Clause 7;

“Order” means your order for the Courses;

“Order Confirmation” means our acceptance and confirmation of your Order;

“Courses” means the courses which are to be provided by Us to you as specified in your Order (and confirmed in Our Order Confirmation); and

“Working Day” means Monday to Friday, but excluding UK Bank Holidays and other public holidays

“We/Us/Our” means Deiniol Williams Ceramics, whose registered address is 17 Saddleworth Road, Elland, HX5 0RY and whose main trading address is Unit 23, Asquith Bottom Mills, Sowerby Bridge, HX6 3BT

 

2.                Information About Us

2.1              Our Site, www.deiniolwilliams.uk, is owned and operated by Deiniol Williams Ceramics.

2.2              We are a member of:

2.2.1      The Craft Potters Association (Associate Member) www.craftpotters.com

2.2.2      The Crafts Council Directory www.craftscouncil.org.uk

 

3.                Access to and Use of Our Site

3.1              Access to Our Site is free of charge.

3.2              It is your responsibility to make any and all arrangements necessary in order to access Our Site.

3.3              Access to Our Site is provided “as is” and on an “as available” basis.  We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice.  We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

3.4              Use of Our Site is subject to our Website Terms of Use www.deiniolwilliams.uk/terms-of-use.  Please ensure that you have read them carefully and that you understand them.

 

4.                Age Restrictions

Consumers may only purchase Goods through Our Site if they are at least 18 years of age Consumers may only purchase Courses through Our Site if they are at least 18 years of age.

 

5.                International Customers

Our Courses are available to UK customers only.  We do not currently accept orders for Courses from customers based outside of the UK.

 

6.                Courses, Pricing and Availability

6.1              We make all reasonable efforts to ensure that all general descriptions of the Courses available from Us correspond to the actual Courses that will be provided to you, however please note that the exact nature of the Courses may vary depending upon your individual requirements and circumstances.

6.2              Please note that sub-Clause 6.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to variations of the correct Courses, not to different Courses altogether.

6.3              Where appropriate, you may be required to select the number of places on the Courses.

6.4              We neither represent nor warrant that all Courses will be available at all times and cannot necessarily confirm availability until confirming your Order.  Availability indications are provided on Our Site however, such indications may not take into account orders that have been placed by other customers during your visit to Our Site.

6.5              We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online.  We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. Changes in price will not affect any Order that you have already placed (please note sub-Clause 6.7 regarding VAT, however).

All prices are checked by Us when We process your Order.  In the unlikely event that We have shown incorrect pricing information, We will contact you in writing before proceeding with your Order to inform you of the mistake and to ask you how you wish to proceed.  We will give you the option to purchase the Courses at the correct price or to cancel your Order (or the affected part thereof).  We will not proceed with processing your Order until you respond.  If We do not receive a response from you within 30 calendar days We will treat your Order as cancelled and notify you of the same in writing.

6.6              In the event that the price of Courses you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.

6.7              All prices on Our Site do not include VAT as We are not VAT registered.

 

7.                Orders – How Contracts Are Formed

7.1              Our Site will guide you through the ordering process.  Before submitting your Order to Us you will be given the opportunity to review your Order and amend any errors.  Please ensure that you have checked your Order carefully before submitting it.

7.2              No part of Our Site constitutes a contractual offer capable of acceptance.  Your Order constitutes a contractual offer that We may, at Our sole discretion, accept.  Our acknowledgement of receipt of your Order does not mean that We have accepted it.  Our acceptance is indicated by Us sending you an Order Confirmation by email.  Only once We have sent you an Order Confirmation will there be a legally binding contract between Us and you (“the Contract”).

7.3              Order Confirmations shall contain the following information:

7.3.1      Confirmation of the Courses ordered including full details of the main characteristics of those Courses;

7.3.2      Fully itemised pricing for the Courses ordered including, where appropriate, taxes and other additional charges;

7.3.3      A short overview of the Terms & Conditions, including links to the full Terms & Conditions;

7.3.4      Details and links to the cancellation and returns form.

7.4              If We, for any reason, do not accept or cannot fulfil your Order, no payment shall be taken under normal circumstances.  If We have taken payment any such sums will be refunded to you as soon as possible and in any event within 30 calendar days.

7.5              You may change your Order at any time before We begin providing the Courses by contacting Us.

7.6              If you change your Order, We will confirm all agreed changes in writing.

7.7              If you change your mind, you may cancel your Order or the Contract before or after We begin providing the Courses subject to these Terms & Conditions.  For details of your cancellation rights, please refer to Clause 10.

7.8              We may cancel your Order at any time before We begin providing the Courses in the following circumstances:

7.8.1      The required personnel and/or required materials necessary for the provision of the Courses are not available; or

7.8.2      An event outside of Our control continues for more than 30 calendar days (please refer to Clause 14 for events outside of Our control).

7.8.3      There aren't enough students enrolled to make the Course viable.

7.9              If We cancel your Order under sub-Clause 7.8 and We have taken payment any such sums will be refunded to you as soon as possible and in any event within 7 Working Days.  If We cancel your Order, you will be informed by email, and if We don't receive confirmation of your receipt of the email from you We will then try contacting you by phone.

7.10          Any refunds due under this Clause 7 will be made using the same payment method that you used when ordering the Courses.

 

8.                Payment

8.1              Payment for the Courses will be due in the form of an advance payment of the total price for the Courses. Price and payment details will be confirmed in the Order Confirmation.  Your chosen payment method will be charged as indicated.

8.2              We accept the following methods of payment on Our Site:

8.2.1      Visa: Credit and Debit Cards

8.2.2      Mastercard: Credit and Debit Cards;

8.2.3      American Express;

8.2.4      Apple Pay

8.3              We do not charge any additional fees for any of the payment methods listed in sub-Clause 8.2.

8.4              If you do not make any payment to Us by the due date as shown on the order confirmation. We may charge you interest on the overdue sum at the rate of 2% per annum above the base lending rate of the Bank of England from time to time.  Interest will accrue on a daily basis from the due date for payment until the actual date of payment of the overdue sum, whether before or after judgment.  You must pay any interest due when paying an overdue sum.

8.5              The provisions of sub-Clause 8.4 will not apply if you have promptly contacted Us to dispute an invoice in good faith.  No interest will accrue while such a dispute is ongoing.

 

9.                Provision of the Courses

9.1              As required by law, We will provide the Courses with reasonable skill and care, consistent with best practices and standards in the market, and in accordance with any information provided by Us about the Courses and about Us.  We will begin providing the Courses on the date agreed when you make your Order (which We shall confirm in the Order Confirmation). We will use all reasonable endeavours to provide the Courses with reasonable skill and care, commensurate with best trade practice.

9.2              We will continue providing the Courses until the estimated completion date set out in the Order Confirmation.

9.3              We will make every reasonable effort to provide the Courses in a timely manner and to complete them on time.  We cannot, however, be held responsible for any delays if an event outside of Our control occurs.  Please refer to Clause 14 for events outside of Our control.

9.4              If We require any information or action from you in order to provide the Courses, We will inform you of this as soon as is reasonably possible.  Depending upon the nature of the Courses you have ordered, We may require information or action.

9.5              If the information you provide or the action you take under sub-Clause 9.4 is delayed, incomplete or otherwise incorrect, We will not be responsible for any delay caused as a result.  If additional work is required from Us to correct or compensate for a mistake made as a result of delayed, incomplete or otherwise incorrect information or action that you have provided or taken, We may charge you a reasonable additional sum for that work.

9.6              In certain circumstances, for example where there is a delay in you sending Us information or taking action required under sub-Clause 9.4, We may suspend the Courses (and will inform you by email, and if We don't receive confirmation of your receipt of the email from you We will then try contacting you by phone).

9.7              In certain circumstances, for example where We encounter a technical problem, We may need to suspend or otherwise interrupt the Courses to resolve the issue.  Unless the issue is an emergency that requires immediate action We will inform you in advance by email (and then by phone if you have not responded to the initial email) before suspending or interrupting the Courses.

9.8              If the Courses are suspended or interrupted under sub-Clauses 9.6, or 9.7 you will not be required to pay for them during the period of suspension.  You must, however, pay any sums that may already be due by the appropriate due date(s).

9.9              If you do not pay Us for the Courses as required by Clause 8, We may suspend the Courses until you have paid any and all outstanding sums due.  If this happens, we will inform you by email.  This does not affect Our right to charge you interest on any overdue sums under sub-Clause 8.4.

 

10.                Cancellation

10.1          Cancellation of Contracts shall be subject to the specific terms governing those Courses and may be subject to a minimum contract duration.  Details of the relevant duration, cancellation provisions and minimum notice periods will be provided and confirmed in Our Order Confirmation. Minimum notice periods are as follows:

10.1.1  A full refund will be offered up to 21 calendar days before the course starts.

10.1.2  Between 3 to 20 calendar days before the course starts, a full refund will only be given if another person can be found to take your place on the Course.

10.1.3  Less than 48 hours before the Course is due to start, no refund will be given

10.1.4  There is no refund due to failure to attend a course.

10.2          If you wish to cancel under this Clause 10, you must inform Us of your decision to do so.  You may do so in any way you wish, however for your convenience We offer a cancellation form on Our Site www.deiniolwilliams.uk/returns and will include a link to it with the Order Confirmation.  If you would prefer to contact Us directly, please use the following details:

10.2.1  Telephone: 07866 266 861;

10.2.2  Email: sales@deiniolwilliams.uk;

10.2.3  Post: Deiniol Williams Ceramics, Unit 23, Asquith Bottom Mills, Sowerby Bridge, West Yorkshire, HX6 3BT;

10.3          We may ask you why you have chosen to cancel and may use any answers you provide to improve Our Courses in the future, however please note that you are under no obligation to provide any details if you do not wish to.

10.4          You may be entitled to cancel immediately by giving Us written notice in the following circumstances:

10.4.1  We breach the Contract in a material way and fail to remedy the breach within 30 calendar days of you asking Us to do so in writing; or

10.4.2  We go into liquidation or have a receiver or administrator appointed over Our assets; or

10.4.3  We change these Terms & Conditions to your material disadvantage; or

10.4.4  We are adversely affected by an event outside of Our control (as under sub-Clause 14.2.5).

10.5          Eligibility for refunds may vary according to the Courses ordered.  You will be required to pay for Courses supplied up until the point at which you inform Us that you wish to cancel (please note that this may include charges for preparatory work that We have undertaken where We have reasonably incurred costs).  Such sums will be deducted from any refund due to you or, if no refund is due, We will invoice you for the relevant sums.  Details of the relevant terms will be provided and confirmed in Our Order Confirmation.  If you are cancelling due to Our failure to comply with these Terms & Conditions or the Contract, you will not be required to make any payment to Us (unless such failure is due to an event outside of Our control or is due to your failure to comply with any of your obligations).

10.6          Refunds under this Clause 10 will be issued to you within 14 calendar days and in any event no later than 14 calendar days after the date on which you inform Us that you wish to cancel.  Refunds will be made using the same payment method you used when ordering the Courses.

 

11.                Our Rights to Cancel

11.1          For cancellations before we begin providing the Courses, please refer to sub-Clause 7.9.

11.2          We may cancel the Courses after We have begun providing them due to an Event outside of Our control (as under sub-Clause 14.2.4), or due to the non-availability of required personnel and/or required materials necessary for the provision of the Courses.  In such cases, no payment will be due from you and if you have already made any payment to us, such sums will be refunded to you.

11.3          Once We have begun providing the Courses, We may cancel the Contract at any time and will give you at least 30 calendar days written notice of such cancellation.  You will only be required to pay for Courses that you have received.  Such sums will be deducted from any refund due to you or, if no refund is due, We will invoice you for the relevant sums.

11.4          Refunds due under this Clause 11 will be issued to you within 14 calendar days and in any event no later than 14 calendar days after the day on which We inform you of the cancellation.  Refunds will be made using the same payment method you used when ordering the Courses.

11.5          We may cancel immediately by giving you written notice in the following circumstances:

11.5.1  You fail to make a payment by the due date as set out in Clause 8.  This does not affect Our right to charge you interest on any overdue sums as set out in sub-Clause 8.4; or

11.5.2  You breach the contract in a material way and fail to remedy the breach within 14 calendar days of Us asking you to do so in writing.

 

12.                Problems with the Courses and Your Legal Rights

12.1          We always use reasonable endeavours to ensure that Our Courses are trouble-free.  If, however, there is a problem with the Courses please contact Us as soon as is reasonable possible via

12.1.1  Telephone: 07866 266 861;

12.1.2  Email: sales@deiniolwilliams.uk;

12.1.3  Post: Deiniol Williams Ceramics, Unit 23, Asquith Bottom Mills, Sowerby Bridge, West Yorkshire, HX6 3BT;

12.2          We will use reasonable endeavours to remedy problems with the Courses as quickly as is reasonably possible and practical. In emergency situations, such as those where vulnerable people may be affected, We will use reasonable endeavours to remedy problems within 24 hours.

12.3          We will not charge you for remedying problems under this Clause 12 where the problems have been caused by Us, any of Our agents or sub-contractors, or where nobody is at fault.  If We determine that a problem has been caused by you, including your provision of incorrect or incomplete information or taking of incorrect action, sub-Clause 9.5 will apply and We may charge you for the remedial work.

12.4          As a consumer, you have certain legal rights with respect to the purchase of Courses.  For full details of your legal rights and guidance on exercising them, it is recommended that you contact your local Citizens Advice Bureau or Trading Standards Office.  If We do not perform the Courses with reasonable skill and care, you have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you, you have the right to a reduction in price.  If the Courses are not performed in line with information that We have provided about them, you also have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you (or if Our breach concerns information about Us that does not relate to the performance of the Courses), you have the right to a reduction in price.  If for any reason We are required to repeat the Courses in accordance with your legal rights, We will not charge you for the same and We will bear any and all costs of such repeat performance.  In cases where a price reduction applies, this may be any sum up to the full Price and, where you have already made payment(s) to Us, may result in a full or partial refund.  Any such refunds will be issued without undue delay (and in any event within 14 calendar days starting on the date on which We agree that you are entitled to the refund) and made via the same payment method originally used by you.  In addition to your legal rights relating directly to the Courses, you also have remedies if We use materials that are faulty or incorrectly described.

 

13.                Our Liability

13.1          We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms & Conditions or as a result of Our negligence.  Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created.  We will not be responsible for any loss or damage that is not foreseeable.

13.2          We provide Courses for domestic and private use or purposes.  We make no warranty or representation that the Courses are fit for commercial, business or industrial purposes of any kind.  We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.

13.3          If We are providing Courses in your property and We cause any damage, We will make good that damage at no additional cost to you. We are not responsible for any pre-existing faults or damage in or to your property that We may discover while providing the Courses.

13.4          Nothing in these Terms & Conditions seeks to exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.

13.5          Nothing in these Terms & Conditions seeks to exclude or limit Our liability for failing to perform the Courses with reasonable care and skill or in accordance with information provided by Us about the Courses or about Us.

13.6          Nothing in these Terms & Conditions seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.

 

14.                Events Outside of Our Control (Force Majeure)

14.1          We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control.  Such causes include, but are not limited to: power failure, internet service provider failure, industrial action by third parties, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster, or any other event that is beyond Our reasonable control

14.2          If any event described under this Clause 14 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms & Conditions:

14.2.1  We will inform you as soon as is reasonably possible;

14.2.2  Our obligations under these Terms & Conditions (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;

14.2.3  We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Courses as necessary;

14.2.4  If the event outside of Our control continues for more than 30 calendar days We may cancel the Contract and inform you of the cancellation.  Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event no later than 14 calendar days after the date on which We inform you of the cancellation;

14.2.5  If an event outside of Our control occurs and you wish to cancel the Contract as a result, you may do so in any way you wish, however for your convenience We offer a cancellation form on Our Site www.deiniolwilliams.uk/returns.  If you would prefer to contact Us directly to cancel, please use the following details:

Telephone: 07866 266 861;

Email: sales@deiniolwilliams.uk;

Post: Deiniol Williams Ceramics, Unit 23, Asquith Bottom Mills, Sowerby Bridge, West Yorkshire, HX6 3BT;

In each case, providing Us with your name, address, email address, telephone number, and Order Number.  Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and in any event no later than 14 calendar days after the date on which you inform Us that you wish to cancel.

 

15.                Communication and Contact Details

15.1          If you wish to contact Us with general questions or complaints, you may contact Us by telephone at 07866 266 861, by email at mail@deiniolwilliams.uk, or by post at Deiniol Williams Ceramics, Unit 23, Asquith Bottom Mills, Sowerby Bridge, West Yorkshire, HX6 3BT.

 

16.                Complaints and Feedback

16.1          We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.

16.2          All complaints are handled in accordance with Our complaints handling policy and procedure, available from www.deiniolwilliams.uk/complaints-policy and www.deiniolwilliams.uk/complaints-handling-procedure respectively.

16.3          If you wish to complain about any aspect of your dealings with Us, please contact Us in one of the following ways:

16.3.1  In writing, addressed to Deiniol Williams Ceramics, Unit 23, Asquith Bottom Mills, Sowerby Bridge, West Yorkshire, HX6 3BT;

16.3.2  By email at mail@deiniolwilliams.uk;

16.3.3  By contacting Us by telephone on 07866 266 861

 

17.                How We Use Your Personal Information (Data Protection)

17.1          All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.

17.2          For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy www.deiniolwilliams.uk/privacy and Cookie Policy www.deiniolwilliams.uk/cookies.

 

18.                Other Important Terms

18.1          We may transfer (assign) Our obligations and rights under these Terms & Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business).  If this occurs, you will be informed by Us in writing.  Your rights under these Terms & Conditions will not be affected and Our obligations under these Terms & Conditions will be transferred to the third party who will remain bound by them.

18.2          You may not transfer (assign) your obligations and rights under these Terms & Conditions (and under the Contract, as applicable) without Our express written permission.

18.3          The Contract is between you and Us.  It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms & Conditions.

18.4          If any of the provisions of these Terms & Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms & Conditions.  The remainder of these Terms & Conditions shall be valid and enforceable.

18.5          No failure or delay by Us in exercising any of Our rights under these Terms & Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms & Conditions means that We will waive any subsequent breach of the same or any other provision.

18.6          We may revise these Terms & Conditions from time to time in response to changes in relevant laws and other regulatory requirements.  If We change these Terms & Conditions at any time, We will give you at least 30 calendar days written notice of the changes before they come into effect.  If you wish to cancel the Contract as a result, please refer to sub-Clause 10.4.

 

19.                Law and Jurisdiction

19.1          These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.

19.2          If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 19.1 above takes away or reduces your rights as a consumer to rely on those provisions.

19.3          If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

19.4          If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.