Please read the terms and conditions below and sign to confirm on course.
TERMS & CONDITIONS
DEFINITIONS
1.1 In these Terms, the following meanings will have the following definitions:-
Attendee
The person attending the course whether to client or otherwise
Client
The person placing the Order
Contract
The contract between ELLA CREATIVE ACADEMY and the Client
Course
As detailed in the Order Confirmation
Deposit
25% of the Course price (as detailed in clause 5.1 or other agreed amount)
ELLA CREATIVE ACADEMY
The Ella Creative Academy registered office: 54 Saint James Street, Liverpool, L1 0SJ
Order
The order to purchase a Course whether verbal or otherwise, as detailed in the Acknowledgement of Order (detailed in clause 2.1)
Order Confirmation
As detailed in clause 2.1
Site
http://www.ellacreativeacademy.co.uk/
HOW THE CONTRACT IS FORMED BETWEEN ELLA CREATIVE ACADEMY AND THE CLIENT
Client’s Order or acceptance of a quotation for the provision of Courses by ELLA CREATIVE ACADEMY constitutes an offer by the Client to purchase the Courses detailed in it on these Terms. ELLA CREATIVE ACADEMY will send the Client an “Acknowledgement of Order” on receipt of the Client’s Order. Accepting payment or issuing an Acknowledgement of Order does not constitute acceptance by ELLA CREATIVE ACADEMY of the Client’s offer. Any such offer by the Client to purchase any of ELLA CREATIVE ACADEMY’s Courses is accepted and the Contract between the Client and ELLA CREATIVE ACADEMY for the provision of the Course on these Terms will be formed on the issue of an “Order Confirmation” by ELLA CREATIVE ACADEMY. If ELLA CREATIVE ACADEMY refuses the offer for any reason, it will notify the Client as soon as possible and refund in full any sums paid to it.
No Order Confirmation will be issued unless the Deposit (as notified to the Client) is received in full. ELLA CREATIVE ACADEMY may refuse to accept an Order for any other reason.
CONSUMER RIGHTS
Nothing in these Terms affects the Client’s statutory rights as a consumer.
If the Client is contracting as a consumer, it may cancel a Contract at any time within seven working days, beginning on the day after it receives the Order Confirmation. In this case, the Client will receive a full refund of the price paid for the Courses (including any Deposit paid). To cancel a Contract, the Client must inform ELLA CREATIVE ACADEMY in writing. Details of the Client’s statutory right of cancellation as a consumer, and an explanation of how to exercise it, are provided in the Order Confirmation.
COURSES
ELLA CREATIVE ACADEMY warrants to the Client that the Courses will be provided using reasonable care and skill. All other warranties whether express or implied are hereby excluded to the fullest extent permitted by law.
All copyright and other intellectual property in the Courses and any course materials shall at all times belong to ELLA CREATIVE ACADEMY.
ELLA CREATIVE ACADEMY reserves the right to cancel and/or amend Course dates, times, contents venues and speakers. Every effort will be made to give the Client as much notice as possible or to offer a reasonable alternative. In response to implications from the Covid pandemic Ella Creative Academy may use the online methods of Microsoft Teams/Zoom to deliver sessions were judged to be applicable and will ensure all material to complete the VTCT qualification will be provided.
Any materials (including without limitation, make-up kits) are the responsibility of the Attendee from the time of handover to the Attendee. Any replacements will be charged to the Attendee and in its discretion, ELLA CREATIVE ACADEMY may insist upon payment for such materials prior to replacement. Attendees should notify ELLA CREATIVE ACADEMY if they feel any allergic reaction to any of the make-up immediately.
ELLA CREATIVE ACADEMY reserves the right in its sole discretion to remove from the Course any Attendee who is disruptive to other attendees, fails to make payment under clause 4.4, breaches health and safety guidelines or endangers themselves or others, if they arrive excessively late or miss any part of the course. Where an Attendee is asked to leave the course for the above reasons no refund will be given.
Refunds will not be given where an Attendee asks to leave the course during the Course for of the above reasons.
Attendees will be expected to practice on each other for make-up and hair during the Course.
PRICE AND PAYMENT
Course prices will be as quoted on the Site from time to time, except in cases of obvious error. Course prices are liable to change at any time, but changes will not affect orders in respect of which ELLA CREATIVE ACADEMY has already sent the Client an Order Confirmation.
Despite ELLA CREATIVE ACADEMY’s best efforts, some of the Courses listed on the Site may be incorrectly priced. ELLA CREATIVE ACADEMY will normally verify prices as part of ELLA CREATIVE ACADEMY’s order processing procedures so that, where a Course’s correct price is less than ELLA CREATIVE ACADEMY’s stated price, ELLA CREATIVE ACADEMY will charge the lower amount when ELLA CREATIVE ACADEMY sends the Order Confirmation to the Client. If a Course’s correct price is higher than the price stated on ELLA CREATIVE ACADEMY’s site, ELLA CREATIVE ACADEMY will normally, at its discretion, contact the Client for instructions before sending the Order Confirmation, or reject the Order and notify the Client that ELLA CREATIVE ACADEMY is rejecting it, in which case ELLA CREATIVE ACADEMY will refund any sums paid by the Client in full.
If the pricing error is obvious and unmistakeable and could have reasonably been recognised by the Client as an error, ELLA CREATIVE ACADEMY does not have to provide the Courses to the Client at the incorrect (lower) price.
Payment for all Courses must be by credit or debit card or cheque, bank transfer or direct debit. Payments with all major credit or debit cards are accepted. We do not store credit card details nor do we share customer details with any 3rd parties.
The balance of the full Course fee must be paid no less than 1 calendar month before the Course start date (if alternative payment plan has not been agreed)or ELLA CREATIVE ACADEMY reserves the right without prejudice to any other rights or remedies, to prohibit the Attendee from attending the Course on the start date. When signing contract client is liable for full course fees. The course fees cover the price of providing agreed course to the client/student . The achievement of the qualification is based on the students attendance and achieving the criteria set by Ella Academy or VTCT.
CANCELLATION AND REFUNDS
Where notice to cancel a course by the Client is given to ELLA CREATIVE ACADEMY in writing up to 90 days before the start date of a Course, ELLA CREATIVE ACADEMY will refund any sums paid by the Client less the Deposits, which will be retained as an administration fee.
Where notice to cancel a course by the Client is given at any time less than 90 days before the start date of a Course, ELLA CREATIVE ACADEMY reserves the right to retain or charge (as the case may be) the full course price including without limitation, the Deposit unless the Client can provide a suitable substitute Attendee.
Nothing in this clause affects the statutory right of cancellation of a consumer or any other statutory rights of a consumer
ELLA CREATIVE ACADEMY LIABILITY
Subject to clause 7.3, if ELLA CREATIVE ACADEMY fails to comply with these Terms, ELLA CREATIVE ACADEMY shall only be liable to the Client for the purchase price of the Courses and, subject to clause 7.2, any losses that the Client suffers as a result of ELLA CREATIVE ACADEMY’s failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure.
Subject to clause 7.3, ELLA CREATIVE ACADEMY will not be liable for losses that result from ELLA CREATIVE ACADEMY’s failure to comply with these Terms that fall into the following categories:
loss of income or revenue;
loss of business;
loss of profits;
loss of anticipated savings;
loss of data; or
waste of management or office time.
However, this clause 7.2 will not prevent claims for loss of or damage to your physical property that are foreseeable or any other claims for direct loss that are not excluded by categories (a) to (f) inclusive of this clause 7.2.
Nothing in this agreement excludes or limits ELLA CREATIVE ACADEMY’s liability for:
death or personal injury caused by ELLA CREATIVE ACADEMY’s negligence;
fraud or fraudulent misrepresentation;
any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
defective goods under the Consumer Protection Act 1987; or
any other matter for which it would be illegal for ELLA CREATIVE ACADEMY to exclude or attempt to exclude ELLA CREATIVE ACADEMY’s liability
Attendance by Attendees onto a training course, even with a formal qualification certificate on completion, does not provide any guarantee of workmanship, performance, quality or status of the delegate during future endeavours of the Attendee. Any “aftercare” given is given in good faith only and no guarantees of work are given.
ELLA CREATIVE ACADEMY does not accept responsibility or any liability for Attendee’s belongings whilst they are at the training location.
CLIENT LIABILITY
The Client shall indemnify ELLA CREATIVE ACADEMY and keep ELLA CREATIVE ACADEMY indemnifed against all losses, costs (including legal costs), actions, awards, damages, expenses, liabilities, interest, proceedings, fines, penalties or taxation which ELLA CREATIVE ACADEMY may incur as a result of the Client and/ or the Attendees damage to ELLA CREATIVE ACADEMY property and/or the Course location.
EVENTS OUTSIDE ELLA CREATIVE ACADEMY CONTROL
ELLA CREATIVE ACADEMY will not be liable or responsible for any failure to perform, or delay in performance of, any of ELLA CREATIVE ACADEMY’s obligations under a Contract that is caused by events outside ELLA CREATIVE ACADEMY’s reasonable control. (“Force Majeure Event”).
ELLA CREATIVE ACADEMY’s performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and ELLA CREATIVE ACADEMY will have an extension of time for performance for the duration of that period. ELLA CREATIVE ACADEMY will use ELLA CREATIVE ACADEMY’s reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which ELLA CREATIVE ACADEMY’s obligations under the Contract may be performed despite the Force Majeure Event.
DATA PROTECTION
The Client acknowledges and agrees that its details such as name, address and other details and any other Personal Data (as defined in the Data Protection Act 1998 (“DPA”)) may be retained by and processed (as defined in the DPA) by ELLA CREATIVE ACADEMY in connection with provision of the Courses. Details of how ELLA CREATIVE ACADEMY uses personal information are detailed in its Privacy Policy on the Site.
GENERAL
All notices given by the Client to ELLA CREATIVE ACADEMY must be given to ELLA CREATIVE ACADEMY at ELLA CREATIVE ACADEMY’s registered office from time to time. ELLA CREATIVE ACADEMY may give notice to the Client at either the e-mail or postal address provided to ELLA CREATIVE ACADEMY when placing an order. Notice will be deemed received and properly served immediately when posted on ELLA CREATIVE ACADEMY’s site, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
This Contract is binding on the parties and ELLA CREATIVE ACADEMY’s respective successors and ELLA CREATIVE ACADEMY may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of ELLA CREATIVE ACADEMY’s rights or obligations arising under it, at any time during the term of the Contract.
This Contract represents the entire agreement between the parties and supersedes all earlier warranties, representations, statements or agreements (whether written or oral). The Client acknowledges that in entering into this Contract, it has not relied on any, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to this Contract or not) other than as expressly set out in this Contract as a warranty.
The parties intend that any person who is not a party to this Contract shall not have any rights under the Contracts (Rights of Third parties) Act 1999 (the “TPA”) to enforce any term of this Contract, but this does not affect any right or remedy of a third party which exists, or is available, apart from the TPA.
If any provision is found by any Court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity shall not affect the rest of the Contract, which shall remain in full force and effect.
Failure by ELLA CREATIVE ACADEMY to exercise or enforce any of its rights or remedies under this Contract shall not constitute a waiver of any such right or remedy, nor shall it prevent the exercise or enforcement of the right or remedy at any time. A waiver by ELLA CREATIVE ACADEMY of any default will not constitute a waiver of any subsequent default.
No waiver by ELLA CREATIVE ACADEMY of any of these Terms will be effective unless it is expressly stated to be a waiver and is communicated to the Client in writing in accordance with clause 11.6 above.
If a dispute arises between the parties in relation to the Contract in any way, the parties shall first try in good faith to amicably resolve the dispute within 28 working days of the dispute arising.
Subject to clause 11.8, this Contract and any dispute arising out of or in connection with its subject matter or formation shall be governed by and construed in accordance with English law and the parties submit to the courts of England & Wales having exclusive jurisdiction in relation to such.
Please read the terms and conditions below and sign to confirm place on course.