Our Terms of Purchase
1. Who we are
1.1 Who we are. Welcome to John Waite’s Kitchen Cookery School’s website located at www.johnwhaiteskitchen.com] and provided by John Whaite's Kitchen Ltd (referred to herein as “we”, “us”, “our”), a company registered in England and Wales under registration number 09101689, with its registered office at Tunley Hall, Tunley Lane, Wrightington, Wigan, Lancashire, WN6 9RJ.
2. These terms
2.1 What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods, cookery school classes, other services or digital content (“Products”).
2.2 Why you should read them. Please read these terms carefully before you submit any order with us. These terms tell you who we are, how we will provide the Products to you, how you and we may change or end the contract between us, what to do if there is a problem and other important information.
3. Information about how to contact us
3.1 How to contact us. You can contact us by writing to: [email@example.com and/or Tunley Hall, Tunley Lane, Wrightington, Wigan, Lancashire, WN6 9RJ].
3.2 How we may contact you. If we have to contact you we will do so by writing to you at the email address or postal address you provided to us in your order.
3.3 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
4. Our contract with you
4.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
4.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the Product you have ordered. This might be because the Product is out of stock or fully booked, because of unexpected limits on our resources, because we have identified an error in the price or description of the Product or because we are unable to meet a delivery deadline you have specified.
4.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
4.4 We only sell to the UK. Our website is solely for the promotion of our Products in the UK.
5. Price and payment
5.1 Where to find the price for the Product. The price of the Product (which includes VAT where applicable) will be the price indicated on the relevant order pages when you placed your order. We take care to ensure that the price of our Products as advised to you is correct. However, please see clause 5.3 for what happens if we discover an error in the price of the Product you have ordered.
5.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the Product to you, we will adjust the rate of VAT that you pay, unless you have already paid for the Product in full before the change in the rate of VAT takes effect.
5.3 What happens if we got the price wrong. Where the Product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order and confirm that you still wish to proceed with your order.
5.4 When you must pay and how you must pay. We accept payment by [insert list of permitted payment cards]. When you must pay depends on which Product you are buying:
(a) For goods, you must pay for such Products before we dispatch them. We will not charge your credit or debit card until we dispatch these Products to you.
(b) For cookery school classes, you must pay for such Products in full when you place your order. We will not charge your credit or debit card until we confirm your order of these Products.
(c) For other services, you must pay for all of such Products before we start providing them (unless we agree otherwise in writing).
(d) For digital content, you must pay for such Products before you download them.
6. Our products
6.1 Products may vary slightly from their pictures. The images of any Products on our website are for illustrative purposes only. Your Product may vary slightly from those images.
6.2 Product packaging may vary. The packaging of any Product may vary from that shown in images on our website
7. Our cookery school classes
7.1 Attendance at our cookery school classes. If you have purchased a Product from us which is the right to attend one of our cookery school classes, attendees:
(a) must have purchased such Product from our website - any resale or transfer of such Product without our consent will render such Product invalid;
(b) must arrive punctually to ensure that our cookery school classes run smoothly for all attendees; and
(c) under the age of 16 must be accompanied by a parent or carer and be supervised at all times; both attendees, the child and the parent or carer, must have purchased the Product in question.
7.2 Health and safety of our cookery school classes. With respect to the health and safety of our cookery school classes, we require all attendees to:
(a) wear sensible clothing and footwear;
(b) follow our health and safety procedures and our reasonable instructions; and
(c) comply with instructions given in relation to the preparation of food.
7.3 Dietary requirements and medical conditions. We are unlikely to be able to tailor our cookery school classes to cater for special dietary requirements, however, please inform us in advance of any:
(a) allergies; and/or
(b) disabilities or medical conditions that may be relevant.
7.4 Reserving the right to refuse entry or expel attendees. We reserve the right to:
(a) refuse entry to any of our cookery school classes, particularly, if we consider that an attendee may be intoxicated or may cause harm to themselves or any other attendee; or
(b) expel any attendee who behaves in a way that causes, or risks causing harm, to themselves or another attendee.
8. Providing the products
8.1 Delivery costs. The costs of delivery will be as displayed to you on our Website.
8.2 When we will provide the Products. During the order process we will let you know when we will provide the Products to you. If the products are:
(a) Goods, we will deliver them to you as soon as reasonably possible and in any event within [30 days] after the day on which we accept your order.
(b) Cookery school classes or other services, we will hold the cookery school classes or provide the services on the specific dates and at the specific times and location as set out on our website and in your order confirmation.
(c) Digital content, we will make the digital content available for download by you within a reasonable period of us accepting your order.
8.3 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the Products to you, for example, your address and email address. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 12.1 will apply). We will not be responsible for supplying the Products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
8.4 We are not responsible for delays outside our control. If our supply of the Products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event.
8.5 If you are not at home when the Product is delivered and do not rearrange delivery. Where you have purchased goods, if no one is available at your address to take delivery and such Products cannot be delivered, then the delivery agent will try to rearrange delivery or arrange for you to collect such Products from a local depot. If after a failed delivery to you, you do not rearrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or rearrange delivery or collection we may end the contract.
8.6 When you become responsible for, and own, the goods. A Product which is goods will be your responsibility from the time we deliver the product to the address you gave us, and will be owned by you when we have received payment in full.
9. Our rights to make changes
9.1 Minor changes to the Products. We may change the Products:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements.
9.2 More material changes to the Products. In addition, we may make other changes to the Products but if we do so we will notify you and you may then, if the change is sufficiently material, contact us to end the contract before the changes take effect and receive a refund for any Products paid for but not received.
9.3 Changes specific to our cookery school classes. With respect to changes to our cookery school classes, we:
(a) may cancel any of our cookery school classes due to events or circumstances outside of our reasonable control; or
(b) may reschedule any of our cookery school classes at any time; and
(c) will in the event of a class cancellation or rescheduling:
(i) notify you by email as soon as practicable possible after making those changes;
(ii) offer to refund you the amount you have paid for the class or to reschedule you to alternative class; and
(iii) not be liable for any travel of accommodation costs relating to a cancelled or rescheduled class. We strongly recommend that you obtain appropriate travel insurance prior to placing an order for any cookery school classes to cover you in the event that you cannot attend such class.
9.4 Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.
10. Your rights to end the contract
10.1 Your right to end your contract with us. Your rights when you end the contract will depend on which Product you have purchased, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) if what you have bought is faulty or mis-described you may have a legal right (see clause 13) to end the contract (or to get such Products repaired or replaced or a service re-performed or to get some or all of your money back);
(b) if you want to end the contract because of something we have done or have told you we are going to do, see clause 10.2; or
(c) if you have just changed your mind about the Product, see clauses 10.3, 10.4 and 10.5. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
10.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any Products which you have paid for but have not been provided. The reasons are:
(a) we have told you about an upcoming change to the Product or these terms which you do not agree to (see clause 9.2);
(b) we have told you about an error in the price or description of the Product you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the Products may be significantly delayed because of events outside our control (see clause 8.4);
(d) we have suspended supply of the Products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than [thirty (30)] days; or
(e) you have a legal right to end the contract because of something we have done wrong.
10.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most Products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
10.4 When you do not have the right to change your mind. You do not have a right to change your mind in respect of:
(a) cookery school classes at our cookery school, once we have accepted your order; we may however allow you to transfer your reservation to another person to attend the same class you are booked on subject to clause 16.2;
(b) other services, once these have been completed, even if the cancellation period is still running; or
(c) digital products after you have started to download or stream these.
10.5 How long do I have to change my mind? If you have the right to change your mind, how long you have depends on what you have ordered and how it is delivered.
(a) Have you bought goods (for example, a John Whaite apron or book)? If so you have fourteen (14) days after the day you (or someone you nominate) receives the goods.
(b) Have you bought services? If so, you have [seven (7)] days after the day we email you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
(c) Have you bought digital content for download or streaming (for example, an online recipe)? If so, you have [seven (7)] days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading or streaming. If we delivered the digital content to you immediately you will not have a right to change your mind.
11. How to end the contract with us
11.1 Tell us you want to end the contract. If you have the right to end the contract with us as described above, please let us know by doing one of the following:
(a) Email. Sent to us at the email addresses set out at clause 3.1. Please provide your name details of the order and, where available necessary, your phone number, home address and/or email address.
11.2 Returning goods after ending the contract. If you end the contract for any reason after goods have been dispatched to you or you have received them, you must return them to us. You must either return the goods by post back to us at [Tunley Hall, Tunley Lane, Wrightington, Wigan, Lancashire, WN6 9RJ] or if they are not suitable for posting allow us to collect them from you. If you are exercising your right to change your mind you must send off the goods within fourteen (14) days of telling us you wish to end the contract.
11.3 When we will pay the costs of return. We will pay the costs of return:
(a) if the goods are faulty or mis-described; or
(b) if you are ending the contract because we have told you of an upcoming change to the goods or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances you must pay the costs of return.
11.4 How we will refund you. If you are entitled to a refund, we will refund you the price you paid for the Products by the method you used for payment. However, we may make deductions from the price, as described below.
11.5 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) the maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days, for example, at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
(c) Where the Product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
11.6 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
(a) if the Products are goods, your refund will be made within 14 days from the day on which we receive such Product back from you or, if earlier, the day on which you provide us with evidence that you have sent such Product back to us. For information about how to return a product to us, see clause 11.2; or
(b) in all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
12. Our rights to end the contract
12.1 We may end the contract if you break it. We may end the contract for a Product at any time by writing to you if you do not:
(a) make any payment to us when it is due and you still do not make payment within [five (5)] days of us reminding you that payment is due;
(b) within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Product;
(c) within a reasonable time, allow us to deliver the Product to you or collect them from us; or
(d) within a reasonable time, allow us access to your premises to supply the services.
13. If there is a problem with the product
13.1 How to tell us about problems. If you have any questions or complaints about a Product, please contact us. You can write to us at firstname.lastname@example.org.
14. Our responsibility for loss or damage suffered by you
14.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
14.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation.
14.3 We are not liable for business losses. We only supply the Products for domestic and private use. If you use the Products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15. How we may use your personal information
15.1 How we will use your personal information. We will use the personal information you provide to us:
(a) to supply the Products to you;
(b) to process your payment for the Products; and
(c) if you agreed to this during the order process, to give you information about similar Products that we provide, but you may stop receiving this at any time by contacting us.
15.2 We will only give your personal information to third parties where the law either requires or allows us to do so.
16. Other important terms
16.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation or person. We will contact you to let you know if we do this.
16.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. Where you are booked to attend a cookery class, you may choose to send a friend or family member to attend that cookery class in your place, provided that:
(a) their dietary requirements suit the particular class that you originally booked; and
(b) you have supplied us with details of the substitute attendee no less than three (3) working days before the date of the class.
All transfers are subject to our approval. Transfers to alternative cookery school classes are in our absolute discretion and subject to availability. We are not obliged to permit any transfers.
16.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
16.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
16.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Products, we can still require you to make the payment at a later date.
16.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.