Terms and Conditions for the school

 

1. TERMS

1.1 These are the terms and conditions (“Class Terms”) on which Hortensia Flower School (“we”, “our”, “us” or “Hortensia”) provides flower class(es) to you (“Classes”).  Please read these Class Terms carefully before you book a class.  By booking a class by email, via our website, or by telephone or by any other method, you agree to be bound by these Class Terms.

 

2. ABOUT US

2.1 The registered office of Hortensia Flower School is at Cuckhorn Farm, Stoke Lacy, Bromyard, Herefordshire, HR7 4HB.

2.2 Hortensia can be contacted by telephone on +44 (0)7917 445598 or via email to HortensiaFlowerSchool.co.uk

 

3. OUR CONTRACT WITH YOU

3.1 The information shown to you as part of the online booking process and these Class Terms comprise the legally binding contract between you and Hortensia (“the Contract”). 

3.2 Upon making your booking, you will be sent a confirmation email detailing your booking (“Confirmation Email”).  Your place on the class is then confirmed.  The Contract will only be made when you have been sent the Confirmation Email.

3.3 Please ensure that you have given us a correct email address as this is how we will communicate with you about your booking.  Upon receipt of the Confirmation Email, please check the details for accuracy and let us know immediately if there are any errors. 

3.4 You must be at least eighteen years old at the time of booking to book and attend a class unless accompanied by another person over the age of 18.

3.5 Please note that the teachers for each class may vary.

3.6 All the images on the website are used for reference use only.

 

4. PAYMENT AND FEES

4.1 All fees are inclusive of VAT at the prevailing rate and must be paid in full at the time of booking to secure your place.   

4.2 We accept payment of fees online by credit card or debit card. If you wish to pay fees by bank transfer, you should contact us via email before making a booking. 

4.3 All materials and flowers are included in the class fee unless otherwise stated.

4.4 Whilst we will try to ensure that all prices on our website are accurate, errors may occur.  We will normally verify prices as part of the booking process.  In the event that a class you have booked is listed at an incorrect price due to a typographical or administrative error, we will notify you of the correct price and you will have the option to cancel your booking.

 

5. CLASS TRANSFERS

5.1 We will do our best to accommodate any requests to transfer onto another class but this will always be at our discretion and subject to availability. 

 

6. YOUR CANCELLATION RIGHTS

6.1 Once you have booked onto a class, you cannot cancel the Contract (unless you have statutory cancellation rights under Section 6.2).  However, if you are unable to attend the booked class, please contact us via email or telephone and we will credit the fees paid by you towards another class (subject to availability) provided that you book that other class at the same time. 

6.2 Nothing in these Class Terms affects your statutory rights as a consumer to cancel your booking during the period of 14 days from the booking date (provided that the class has not completed) by notifying us by post or email.  In these circumstances, Hortensia will refund all fees paid within 14 days of receiving your cancellation.

 

7. OUR CANCELLATION RIGHTS

7.1 Please note that classes have minimum attendance levels and may be cancelled if too few bookings are received.  We reserve the right to amend or cancel courses.

7.2 If we cancel a class, we shall endeavour to give you at least one week’s notice.  You will have the option of transferring to another class or having a full refund of the fees.  We will not be liable for any losses (including, but not limited to, travel and accommodation costs) arising as a consequence of any modification or cancellation of classes or timetabling constraints as set out above, beyond the cost of the class fee. 

7.3 We may also end the Contract at any time via email (and we will not be required to refund the fees paid by you in such circumstances) if: 

(a) you do not make any payment to us when it is due; 

(b) you cease to attend the class (other than following your permitted cancellation as set out above); 

(c) your behaviour does not comply  with our own requirements at our own discretion; 

(d) at any time (including on booking) you provide us with information which is inaccurate, incomplete or misleading or fail to provide us with information on request which may affect your ability to complete the class;

7.4 Hortensia will be entitled to cancel any class or any part of a class at any time due to circumstances or events beyond its reasonable control or for any other reason.   In such circumstances, Hortensia will reimburse you for the fees that you have paid in respect of the class or part of the class which has been cancelled or, if you choose, Hortensia will credit the fees paid by you towards another class. You acknowledge that Hortensia shall have no other liability to you for any loss or damage that you may suffer as a result of such cancellation.

 

8. OUR LIABILITY

8.1 If you are a consumer, you have legal rights in relation to services that are not provided with reasonable skill and care.  Nothing in these Class Terms will affect these legal rights. 

8.2 We do not exclude or limit in any way our liability to you for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, for fraud or fraudulent misrepresentation, or for breach of any of your legal rights in relation to our services. 

8.3 We will not be liable to you if we are prevented or delayed from complying with our obligations under these Class Terms by anything you (or anyone acting on your behalf) does or fails to do or due to events which are beyond our reasonable control. 

8.4 We are only responsible for losses that are a natural, foreseeable consequence of our breach of the Contract or our failing to use reasonable care and skill, and 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 booking process. 

8.5 In any event we will not be liable for any losses related to any business of yours including (without limitation) lost data, lost profits, lost revenues, lost business opportunity or business interruption. 

8.6 We shall not be liable in respect of any allergic reactions occurring due to flowers or other material used in any arrangements, or if any staining or discoloration occurs due to the arrangements, unless instructed by you not to use particular flowers or materials or (in the case an allergic reaction) caused by our negligence.

8.7 In addition to the above and subject to clause 8.2, if you are a business client:

(a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract between us; and 

(b) our total liability to you for all other losses arising under or in connection with the Contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the fees that you have paid under the Contract.

 

9. HOW WE MAY USE YOUR PERSONAL INFORMATION

9.1 We will process the personal information that you provide to us in accordance with our Privacy Policy.

 

10. PHOTOGRAPHS AND VIDEO

10.1 Photographs and/or videos will be taken of students during their flower classes. These photos may be used for our marketing materials or on our social media channels. Please let us know if you do not wish to appear in any photographs or videos. We will always respect your decision not to be featured if this is your preference.

10.2 If you take any photographs or video footage of you work and post them on social media, please credit us by using hashtags #hortensiaflowerschool and tagging the School account - @hortensiaflowerschool.

 

11. HEALTH AND SAFETY

11.1 Students are expected to follow our health and safety guidelines that are given at the start of each class. 

11.2 Students are asked to wear appropriate clothing and footwear during the class. 

11.3 Any student who fails to comply with our health and safety guidelines will be unable to participate in the class and will not receive any kind of refund of the class fees.

 

12. INTELLECTUAL PROPERTY RIGHTS

12.1 All intellectual property rights and other ownership rights in all documentation, flowers, arrangements, materials, designs, creative concepts, logos and branding (in whatever form) relating in any way to any of our classes and/or your participation in them belong to Hortensia and may not be copied, distributed or used by you without our prior written consent. 

12.2 At the end of a class, a student will usually be allowed to take away any specific item that they have created as part of that class, but this is at our sole discretion.

 

13. GENERAL

13.1 Each of these clauses operates separately.  If any court or relevant authority decides that any clause or clauses herein are unlawful, invalid or otherwise unenforceable, then that clause or clauses shall be deemed severed from these Class Terms but the remaining clauses in these Class Terms will continue in full force and effect.

13.2 We reserve the right to take payment before a class, during a class or after a class at our own discretion.

13.3 The termination of the Contract will not extinguish any claim that has already arisen. 

13.4 You may not transfer any of your rights under the Contract to any other person without our written permission. 

13.5 The Contract is governed by English law, and the English courts will have exclusive jurisdiction over any claim arising from, or related to, the Contract, our classes, these Class Terms and/or your participation in any class.