TERMS & CONDITIONS
This website www.dadbookbinders.com (“Site”) is owned and operated by Downie Allison Downie Limited, a Company registered under the Companies Act (registration number SC274269) and having its registered office at Unit H Purdon Street, Partick, Glasgow G11 6AF (“DAD” or “we” or “us”). Our VAT registration number is GB 852 3335 37. Our telephone number is 0141 339 0333, our fax number is 0141 337 1333 and our email address is mail@dadbookbinders.com.
These terms and conditions (“Terms of Supply”) will apply to any of the bookbinding classes or related classes (“Classes”) purchased from this Site. By purchasing Classes from DAD through this Site you agree to be bound by these Terms of Supply. Please read them carefully before placing an order with us. If you are not willing to be bound by them you should not purchase the Classes from us.
1. THE CLASSES
The Classes are as described on the Site. DAD makes every effort to describe the Classes accurately on the Site and agrees to provide the Classes with all the care and skill to be expected of a qualified and competent contractor experienced in undertaking classes of the same kind as the Classes. All classes are leisure classes only and are not vocational and do not lead or are intended to lead to a vocational qualification. It is your sole responsibility prior to purchasing any Classes from us is to read the course description including any key benefits and pre-requisites for any of the Classes booked by you on the Site in order to ensure that they are suitable for your purposes. In particular you acknowledge and agree that by entering into this contract with us that you do not rely on any statement, representation, assurance or warranty that is not set out in these Terms of Supply. Any representation, condition or warranty which might implied or incorporated into these Terms of Supply by statute, common law or otherwise is excluded to the fullest extent permitted by law.
2. PRICES AND PAYMENT
Prices of the Classes are specified on the Site and confirmed on the booking pages. We may change our prices at any time but that will not affect the prices for confirmed orders. Our prices are quoted inclusive of VAT. Payment for the Classes is to be made in advance at the time of booking by Paypal.
3. ACCEPTANCE OF AN ORDER
3.1 By placing a booking through the Site you acknowledge the applicability of these Terms of Supply. When you place a booking you will be allocated a booking number which should be quoted in all correspondence to us. These Terms of Supply will be binding on you and a contract will come into effect between us upon our written acceptance of the booking issued to you by email (“the Confirmation”). Please note we are not bound by any contract until we have accepted the booking in writing and issued the Confirmation. We reserve the right to refuse a booking without stating the reason why. In the event that we do so we will refund any payments made as soon as possible after the booking has been refused.
3.2 If you have already paid for the Classes and we are unable to supply them for whatever reason without being able to offer you a suitable alternative we will notify you and refund you the full amount paid as soon as possible.
3.3 The contract between you and us comprises of the online booking form and Confirmation and these Terms of Supply (together known as the “Contract”). In the event of any conflict between them the booking form and Confirmation shall take precedence.
4. YOUR RIGHT TO CANCEL
4.1 As a consumer purchasing the Classes you have certain legal rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 to receive information in respect of the services or goods being provided to you including information about the services themselves, the price of the same and any rights of cancellation. For the purposes of this Contract a consumer means an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession. However in terms of Part 3 Clause 28(1)(h) of the Regulations as the services being purchased are services related to leisure activities provided for on a specific date the right of cancellation under Part 2 Clause 29 under the Regulations is excluded and the provisions of Clause 4.2 shall apply to any cancellations and refunds if applicable.
4.2 If you wish to cancel your booking you can cancel by emailing us at mail@dadbookbinders.com or by post to Unit H Purdon Street, Partick ,Glasgow G11 6AF. If emailing or writing then your cancellation is effective from the date we receive the email or in the case of cancellation in writing two working days after you post the letter to us. If emailing or writing please quote the allocated booking number, Class name and date of the Class being cancelled. Upon receipt of the cancellation form we will email you confirmation of its receipt.
4.3. If you decide to cancel the booking the cancellation will be effective from the date that we receive your email or letter referred to in Clause 4.2 above and you will be liable for the following charges:
Number of days before the Class that the Cancellation is made
Charge
Over 28 days 25%
15 to 28 days 50%
14 days or less 100%
Where the charge is less than the full price of the Class a refund of the difference between the full price and the charge will be made to you
via Paypal in respect of the Class that has been cancelled.
In the event that you decide to transfer to another Class then we may at our sole discretion waive the cancellation charge but may elect to
charge a transfer fee of 10% of the purchase price of the Class in question. For the avoidance of doubt however any requests to transfer to
another Class must be requested in writing at least seven days before the date of the class booked which failing it will be treated as a
cancellation at short notice (“a Late Transfer Cancellation”) and no refund of the price of the Class will be given.
In the event that we are able to fill your cancellation prior to the date of the Class booked or to fill a Late Transfer Cancellation on short notice
then we may, at our sole discretion, refund you the purchase price of the Class in full under deduction of an administration charge of 20% of
the purchase price of the Class in question. In filling cancellations where there has been more than one cancellation for a particular Class our
policy will be to fill the earliest cancellations first. For the avoidance of doubt however nothing contained herein obliges us to actively seek
someone to fill any cancellations and such substitutions will only occur if the Class in question has been fully booked.
4.4 DAD reserves the right to cancel any Classes if numbers fall below a minimum requirement or for other exceptional reasons. In such an
event you will be informed of this decision as soon as possible and given the opportunity to book on the next available Class we have. If we
cannot offer you a suitable replacement Class you will be entitled to a refund in full for the cancelled Class. In the event that you do transfer to
another Class following upon our cancellation of a Class then no administration charge will be levied for doing so.
5. LIABILITY
5.1 Nothing in this contract excludes or limits or attempts to exclude or limit the liability of either party for death or personal injury caused as a
result of negligence or for fraudulent misrepresentation.
5.2 Subject to the foregoing DAD will be under no liability to you whatsoever (whether in contract, delict (including negligence), breach of
statutory duty, restitution or otherwise) for any damage or direct or indirect consequential loss (all three of which terms include without
limitation pure economic loss, loss of profits, loss of business, loss of opportunity, loss of goodwill and like loss) howsoever caused.
5.3 Notwithstanding the provisions of Clause 5.2 we have no liability for any loss or damage to any personal property including monies and
valuables brought on the premises where the Classes are taught. All responsibility and liability for the same shall remain with you.
5.4 Subject to clauses 5.1 and 5.2 DAD’s aggregate liability under this Contract (whether in contract, tort (including negligence), breach of
statutory duty, restitution or otherwise) for any damage or direct or indirect consequential loss (all three of which terms include without
limitation pure economic loss, loss of profits, loss of business, depletion of goodwill and like loss) howsoever caused will be limited to the
amount paid for the Class concerned.
5.5 You agree to follow safety instructions from the tutor taking the Class at all times. Although tutors are chosen for their experience all
participants in Classes have a legal responsibility to take all reasonable precautions to maintain their own safety and not to endanger other
participants in the Classes and are liable for their own actions. You therefore agree to indemnify DAD in full for any loss or damage to other
participant’s or their property as a result of your failure to follow safety instructions or maintain safety standards or in respect of any
negligence which may occasion such loss or damage.
6. FORCE MAJEURE
Neither party will be liable to the other for any failure or delay or for the consequences of any failure or delay in performance of this
Agreement if it is due to any event beyond the reasonable control and contemplation of a party to this Contract including without limitation
acts of god, war, industrial disputes, protests, fire, flood, storm, tempest, epidemics, explosion, acts of terrorism and national emergencies.
7. DATA PROTECTION
All information that we hold concerning you including registration and other information provided by you where it comprises of personal data
will be held and processed by DAD strictly in accordance with our obligations under the Data Protection Act 1998 as amended from time to
time. Such information will be subject to our privacy policy and will be used by us to administer our relationship with you as a customer. We
will not without your consent supply your name and address to any third parties except where (1) such transfer is a necessary part of the
activities that we undertake or (2) we are required to by operation of law. By accepting these Terms of Supply you also agree to be bound by
our privacy policy.
8. CHANGES TO TERMS
We reserve the right at our discretion to modify, add or remove any or all of the Terms of Supply at any time and each such change shall
become effective immediately upon posting. You should therefore check this Site periodically for changes and in any event should do so before
any new purchase. Your continued use of this Site following postings of changes will mean you accept those changes. However those changes
will not affect any current bookings you have with us but only any new purchases.
9. ASSIGNMENT
We may assign our rights and obligations under the Contract to any other person including sub-contracting the delivery of any Classes. If there
is such an assignment or sub-contract we will notify you in writing or by email.
10. ENTIRE AGREEMENT
The Contract constitutes the entire agreement and understanding of the parties and supersedes any previous agreement between the parties
relating to the subject matter of the contract.
11. SEVERABILITY
To the extent that any clause or part of a clause of these Terms of Supply is found to be invalid or unenforceable such clause or part of a clause
shall be deemed to be deleted and the remainder of these Terms of Supply shall remain in full force and effect.
12. NON-WAIVER OF RIGHTS
The failure to exercise a right or remedy provided by the Terms of Supply or by law does not constitute a waiver of the right or the remedy nor
does it mean that we will forfeit any future rights or remedies.
13. COMPLAINTS
DAD endeavour at all times to provide a quality service and accept responsibility should they prove deficient or not of a reasonable standard.
All complaints by you in relation to the Classes shall be emailed to mail@dadbookbinders.com and the parties shall use their reasonable
endeavours to resolve it as soon as practicable. If they fail to do so within 14 days and it escalates into a dispute the parties shall try to agree
on and implement a method of dispute resolution. If they fail to agree such method within 14 days, the parties confirm that the dispute will
then become subject to the exclusive jurisdiction of the Scottish Courts.
14. GOVERNING LAW
These Terms of Supply shall be governed by and construed in accordance with the law of Scotland and each party irrevocably agrees that the
Scottish Courts shall have exclusive jurisdiction in relation to any claim or dispute or difference concerning the Contract and any matter arising
therefrom.