Terms and conditions
Please read all these terms and conditions.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, just phone us on +447595303180.
- These Terms and Conditions will apply to the purchase of the services and goods by you (the Customeror you). We are Brighton Ballet School, registered office at 23 Freshfield Street, East Sussex, BN2 9ZG with email address firstname.lastname@example.org; telephone number +447595303180; (the Supplier or us or we).
- These are the terms on which we sell all Services to you. By ordering any of the Services, you agree to be bound by these Terms and Conditions. You can only purchase the Services and Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.
- Consumermeans an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
- Contractmeans the legally-binding agreement between you and us for the supply of the Services;
- Delivery Locationmeans the Supplier’s premises or other location where the Services are to be supplied, as set out in the Order;
- Durable Mediummeans paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
- Goodsmeans any goods that we supply to you with the Services, of the number and description as set out in the Order;
- Ordermeans the Customer’s order for the Services from the Supplier as submitted following the step by step process set out on the Website;
- Servicesmeans the services advertised on the Website, including any Goods, of the number and description set out in the Order;
- Websitemeans our website https://brightonballetschool.co.uk on which the Services are advertised.
- The description of the Services and any Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the course/class content, event details, or size and color of any Goods supplied.
- In the case of Services and any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
- All Services which appear on the Website are subject to availability.
- We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
- You must co-operate with us in all matters relating to the Services, provide us and our authorised employees and representatives with all information required to perform the Services and obtain any necessary licenses and consents (unless otherwise agreed).
- Failure to comply with the above is a Customer default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.
Personal information and Registration
- When registering to use the Website you must set up a username and password. You remain responsible for all actions taken under the chosen username and password and undertake not to disclose your username and password to anyone else and keep them secret.
- We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.
Basis of Sale
- The description of the Services and any Goods in our website does not constitute a contractual offer to sell the Services or Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
- The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
- A Contract will be formed for the Services ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (i.e. the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods or Services supplied under the Contract, and before performance begins of any of the Services.
- No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
- We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, e.g. by giving you rights as a business.
Fees and Payment
- The fees (Fees) for the Services, the price of any Goods (if not included in the Fees) and any additional delivery or other charges is that set out on the Website at the date we accept the Order or such other price as we may agree in writing. Prices for Services may be calculated on a fixed price or on a standard daily rate basis.
- Fees and charges include VAT at the rate applicable at the time of the Order.
- You must pay by submitting your credit or debit card details with your Order so that we can take payment immediately.
Delivery of Goods
- We will deliver the Services, including any Goods, to the agreed Delivery Location by the time or within the agreed period or, failing any agreement:
- in the case of Services, within a reasonable time; and
- in the case of Goods, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.
- In any case, regardless of events beyond our control, if we do not deliver the Services on time, you can require us to reduce the Fees or charges by an appropriate amount (including the right to receive a refund for anything already paid above the reduced amount). The amount of the reduction can, where appropriate, be up to the full amount of the Fees or charges.
- In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
- we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
- after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
- If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
- If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us or allow us to collect them from you and we will pay the costs of this.
- If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.
- We do not generally deliver to addresses outside Mainland UK. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other postal charges or taxes, as we will not pay them.
- You agree we may deliver the Goods in installments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
- If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
- The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
Risk and Title
- Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
- You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.
Withdrawal and cancellation
- You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
- This is a distance contract(as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following goods and services (with no others) in the following circumstances:
- goods that are made to your specifications or are clearly personalised;
- goods which are liable to deteriorate or expire rapidly.
Right to cancel
- Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason.
- The cancellation period will expire after 14 days from the day on which you or acquire, or a third party, other than the carrier, indicated by you, acquires physical possession of the last of the Goods. In a contract for the supply of services only (without goods), the cancellation period will expire 14 days from the day the Contract was entered into, or the date of the commencement of the course or class, or drop in class. In a contract for the supply of goods over time (i.e. subscriptions/memberships), the right to cancel will be 14 days after the first delivery of service.
- To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (e.g. a letter sent by post or email). In any event, you must be able to show clear evidence of when the cancellation was made. We require 24 hours notice prior to the commencement of a course, class or drop in class if you wish to cancel for any reason.
- For your convenience you can also electronically fill in and submit the cancellation form, but it is not obligatory. If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation in a Durable Medium (e.g. by email) without delay.
- To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Payment for Services commenced during the cancellation period
- Where a service is supplied (being part of the Service) before the end of the cancellation period in response to your express request to do so, you must pay an amount for the supply of the service for the period for which it is supplied, ending with the time when we are informed of your decision to cancel the Contract. This amount is in proportion to what has been supplied in comparison with the full coverage of the Contract. This amount is to be calculated on the basis of the total price agreed in the Contract or, if the total price were to be excessive, on the basis of the market value of the service that has been supplied, calculated by comparing prices for equivalent services supplied by other traders. You will bear no cost for supply of that service, in full or in part, in this cancellation period if that service is not supplied in response to such a request.
Deduction for Goods supplied
- We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (i.e. handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: e.g. it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.
Timing of reimbursement
- If we have not offered to collect the Goods, we will make the reimbursement without undue delay, and not later than:
- 14 days after the day we receive back from you any Goods supplied, or
- (if earlier) 14 days after the day you provide evidence that you have sent back the Goods.
- If we have offered to collect the Goods or if no Goods were supplied or to be supplied (i.e. it is a contract for the supply of services only), we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.
- We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
- If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to us at 23 Freshfield Street, East Sussex, BN2 9ZG without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods.
- For the purposes of these Cancellation Rights, these words have the following meanings:
- distance contractmeans a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
- sales contractmeans a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.
- We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
- Upon delivery, the Goods will:
- be of satisfactory quality;
- be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
- conform to their description.
- It is not a failure to conform if the failure has its origin in your materials.
- We will supply the Services with reasonable skill and care.
- We will provide the following after-sales service: The Supplier will support the Consumer before and during any course, class, private class, or event you have chosen to take with us. The Supplier will support the Consumer before and after the purchase and supply of any Goods to the best of our ability up to and including 6 weeks from the date of purchase .
- In relation to the Services, anything we say or write to you, or anything someone else says or writes to you on our behalf, about us or about the Services, is a term of the Contract (which we must comply with) if you take it into account when deciding to enter this Contract, or when making any decision about the Services after entering into this Contract. Anything you take into account is subject to anything that qualified it and was said or written to you by us or on behalf of us on the same occasion, and any change to it that has been expressly agreed between us (before entering this Contract or later).
Duration, termination and suspension
- The Contract continues as long as it takes us to perform the Services.
- Either you or we may terminate the Contract or suspend the Services at any time by a written notice of termination or suspension to the other if that other:
- commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed or is not fixed within 30 days of the written notice; or
- is subject to any step towards its bankruptcy or liquidation.
- We, the Supplier reserve the right to refuse you, the Consumer access to Services in the event we feel there is significant risk to you or other Consumers involved with the Service, due to you attending in inappropriate attire, poor preparation, mental state, health or well being, or excessively late arrival. No refund or compensation will be offered in these circumstances. Please refer to the Supplier’s Code of Conduct, available at (https://brightonballetschool.co.uk/code-of-conduct/) for more information.
- On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.
Successors and our sub-contractors
- You, the Consumer cannot transfer the benefit of this Contract to someone else, and will remain liable for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.
Circumstances beyond the control of either party
- In the event of any failure to deliver either Services or Goods because of something beyond our reasonable control:
- The Supplier will advise you as soon as reasonably practicable; and
- Our obligations will be suspended so far as is reasonable, provided that that we will act reasonably, and will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery (and the right to cancel below).
- The Supplier reserves the right to amend or change (i) date, (ii) time and (iii) venue of Services; or postpone Services altogether due to failure of equipment, building faults and other factors including force majeure. In these circumstances compensation may only be offered to the Consumer at the discretion of the Principal of the school.
- We cannot offer any extensions, replacements or refunds for Services under any circumstances, including but not limited to; illness, injury, holiday, bereavement, maternity leave or absence of any kind, (including spouse injury, illness, holiday, bereavement and maternity leave.)
- Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
- For the purposes of these Terms and Conditions:
- ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.
- ‘GDPR’ means the General Data Protection Regulation (EU) 2016/679.
- ‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.
- We are a Data Controller of the Personal Data we Process in providing the Services and Goods to you.
- Where you supply Personal Data to us so we can provide Services and Goods to you, and we Process that Personal Data in the course of providing the Services and Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
- before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
- we will only Process Personal Data for the purposes identified;
- we will respect your rights in relation to your Personal Data; and
- we will implement technical and organisational measures to ensure your Personal Data is secure.
- For any enquiries or complaints regarding data privacy, you can contact our Data Protection Officerat the following e-mail address: email@example.com.
- The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal injury caused by proven negligence or breach of the Supplier’s other legal obligations. Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (e.g. loss of profit) to your business, trade, craft or profession which would not be suffered by a Consumer – because we believe you are not buying the Services and Goods wholly or mainly for your business, trade, craft or profession
Governing law, jurisdiction and complaints
- The Contract (including any non-contractual matters) is governed by the law of England and Wales.
- Disputes can be submitted to the jurisdiction of the courts of England and Walesor, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
- We try to avoid any dispute, so we deal with complaints as follows: if a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 7 – 10 working days. .
- We ask that both parties aim to follow the Code of Conduct, copies of which you can obtain as follows:Brighton Ballet School Code of Conduct available from https://brightonballetschool.co.uk/code-of-conduct/
Temporary Addendum relating to the Covid-19 Pandemic.
Reporting exposure or infection
- Students, Parents and Guardians must not enter any premises associated with Brighton Ballet School, or attend a class, course or drop-in class in the event a they have incurred exposure from others due to:
- Living with someone with a confirmed case of COVID-19.
- Have come into close contact (within 2 metres for 15 minutes or more) with a confirmed case of COVID-19.
- Being advised by a public health agency that contact with a diagnosed case has occurred.
- Where a Student or staff member tests positive, the rest of their class or group within the setting will be sent home and advised to self-isolate for 14 days. The other household members of that wider class or group do not need to self-isolate unless the child, young person or staff member they live with in that group subsequently develops symptoms.
- Brighton Ballet School will endeavour to offer classes virtually where possible in order that self-isolated students can continue to participate – thereby encouraging parents and students to ‘do the right thing’ and follow current advice.
Travel to and from Class
- All persons to limit their use of public transport to/from class. Where travel is essential to use private dual occupancy where possible.
- Reduce the amount of time using public transport and to implement social distancing where possible (2m clearance from persons and not to travel in groups of more than 2 unless it is immediate family)
- Encourage staff, parents, children and young people to walk or cycle to their classes where possible
- Ensure staff, parents, children and young people follow the Coronavirus (COVID-19): safer travel guidance for passengers when planning their travel.
Drop off and pick up of minors
- Parents and Guardians must adhere to the protocols set out by Brighton Ballet School at all times, when dropping off and picking up their child from class, ensuring minimal adult to adult contact at all times.
- Children aged 5 years and under may be accompanied by one Parent or Guardian into the studio, however a face covering must be worn and social distancing observed at all times during the class.
- Verbal confirmation will be sought from all Parents and Guardians of students aged 3 – 16 years old that they have not been displaying any signs or symptoms of COVID-19. Students aged 16 years and over will be asked for verbal confirmation on arrival that they feel well.
- If a student becomes unwell or displays symptoms of Covid-19 during a class they will be removed from the class immediately and isolated until they can be collected by their nominated emergency contact. All activities in the venue will be suspended until a deep clean can be undertaken, possibly requiring the remaining students to be collected by their Parents or Guardians.
- All Students over the age of 5 years, Parents and Guardians must wear a face covering whilst moving around in the communal shared spaces of any venue that Brighton Ballet School uses. Masks are not compulsory during classes, or in the dance studio itself, except for Parents or Guardians accompanying children aged 5 years and less.
- No refund or compensation will be offered under any circumstances relating to Covid-19 closures, cancellations, or to students who are self-isolating due to exposure to Covid-19. In the event that local restrictions or nationwide restrictions are enforced Brighton Ballet School will offer classes virtually where possible in order that students can continue to participate.
Dispute resolution advice : https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN
Last modified : 3/10/2019, 6/11/2019, 10/9/2020
Attribution – These terms and conditions were created