MCQUEENS FLOWER SCHOOL TERMS AND CONDITIONS
1.1 These are the terms and conditions on which McQueens Flowers Limited (“we”, “us”
or“McQueens”) provides flower course(s) to you (“Course Terms”). Please read these Course Terms carefully before you book a course. By booking a course via our website, by email, on the telephone or by any other method, you agree to be bound by these Course Terms.
2. INFORMATION ABOUT US
2.1 McQueens Flowers Ltd is a private limited company incorporated and registered in the England and Wales whose registered office is at 1 Maddox Street, London, W1S 2PZ, United Kingdom. Our company registration number is 10913066
2.2 If you need to contact us, please telephone us on 212.448.1030 or email us at SchoolNYC@mcqueensflowers.com
3. OUR CONTRACT WITH YOU
3.2 Upon making your booking, you will be sent a confirmation email detailing your booking (“Confirmation Email”). Your place on the course is then confirmed. The Contract will only be formed 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 course and must speak a certain level of English as all our courses will be conducted in English.
3.5 Please note that the teachers for each course may vary and we do not commit to a particular teacher or particular items being produced on any course. All the images on the website are used for reference use only.
4. FEES AND PAYMENT
4.1 All fees 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 by email before making a booking.
4.3 All materials and flowers are included in the course fees.
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 course 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 of cancelling your booking.
5. GIFT VOUCHERS
5.1 Open gift vouchers are valid for one year. Courses must be booked within that period (although the course date/course start date (“Course Date”) may be after the expiry of that period).
5.2 When booking a voucher for a specific course, you will be required to give the name and contact details of the person attending the course, along with any special instructions and specific needs. An email will be sent to the recipient of the voucher (using these contact details) before the Course Date giving details of the course and attaching these Course Terms. The voucher recipient will be asked to confirm the recipient’s agreement to these Course Terms. If the recipient fails to give this confirmation, we will be entitled to refuse to allow the recipient to attend the course. The recipient must be at least eighteen years old at the time of attending a course and must speak a certain level of English as all our courses will be conducted in English
7. ALLERGIES AND SPECIFIC NEEDS
7.1 We will try to adapt our courses to suit an individual’s allergies and specific needs. However, this will not be possible for every course. To determine whether a course can be adapted for allergies and/or specific needs and to what degree, you should contact us by email before making a booking.
7.2 You must give details of your allergies and specific needs as part of the booking process.
7.3 All requests for adaptations to courses to accommodate specific needs must be made to us by email not less than one week before the Course Date. Failure to do so could result in us refusing to allow you to attend the course.
8. COURSE TRANSFERS
8.1 We will do our best to accommodate any requests to transfer on to any other course but this will always be at our discretion and subject to availability.
8.2 Students may not transfer to another course once it is started.
9. YOUR CANCELLATION RIGHTS
9.1 Once you have booked onto a course, you cannot cancel the Contract (unless you have statutory cancellation rights under Section 9.2). However, if you are unable to attend the booked course, please contact us by email or telephone and we will credit the fees paid by you towards another course (subject to availability) provided that you book that other course at the same time.
9.2 Nothing in these Course 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 course has not completed) by notifying us by post or email. In these circumstances, McQueens will refund all fees paid within 14 days of receiving your cancellation save that, if you have started to attend the course, we will be entitled to charge you for the services that we have provided to you prior to your cancellation.
10. OUR CANCELLATION RIGHTS
10.1 Please note that courses have minimum attendance levels and may be cancelled if too few bookings are received. We reserve the right to amend or cancel courses.
10.2 If we cancel a course, we shall endeavour to give you at least one week’s notice. You will have the option of transferring to another course 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 courses or timetabling constraints as set out above, beyond the cost of the course fee.
10.3 We may also end the Contract at any time by 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 course (other than following your permitted cancellation as set out above);
(c) your behaviour does not conform with our standard rules and procedures;
(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 course;
(e) during the course you develop a medical condition or take medication which is a barrier to learning and in order to make the necessary adjustments to safely accommodate you on the course we would have to incur additional time and expenses that would be unreasonable in the circumstances.
10.4 We will be entitled to cancel any course or any part of a course at any time due to circumstances or events beyond our reasonable control or for any other reason. In such circumstances, we will reimburse you for the fees that you have paid in respect of the course of part of the course which has been cancelled or, if you choose, we will credit the fees paid by you
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towards another course. You acknowledge that we shall have no other liability to you for any loss or damage that you may suffer as a result of such cancellation.
11. OUR LIABILITY
11.1 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 Course Terms will affect these legal rights
11.2 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.
11.3 We will not be liable to you if we are prevented or delayed from complying with our obligations under these Course 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.
11.4 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.
11.5 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.
11.6 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.
11.7 In addition to the above and subject to clause 11.2, 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.
2. HOW WE MAY USE YOUR PERSONAL INFORMATION
13. PHOTOGRAPHS AND VIDEO
13.1 Photographs and/or videos will be taken of students during their flower courses. 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.
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13.2 If you take any photographs or video footage of you work and post them on social media, please credit us by using hashtags #mcqueensflowers #mcqueensflowerschool and tagging the School account - @mcqueensflowerschool.
14. HEALTH AND SAFETY
14.1 Students are expected to follow our health and safety guidelines that are given at the start of each course.
14.2 Students are asked to wear appropriate clothing and footwear during the course.
14.3 Any student who fails to comply with our health and safety guidelines will be unable to participate in the course and will not receive any kind of refund of the course fees.
15. INTELLECTUAL PROPERTY RIGHTS
15.1 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 courses and/or your participation in them belong to McQueens and may not be copied, distributed or used by you without our prior written consent.
15.2 At the end of a course, a student will usually be allowed to take away any specific item that they have created as part of that course, but this is at our sole discretion.
16.1 Each of the provisions of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, invalid or otherwise unenforceable, those provisions shall be deemed severed from the remaining provisions and such remaining provisions will continue in full force and effect.
16.2 Even if we delay in enforcing the Contract, we can still enforce it later. For example, if you fail to make a payment and we do not chase you but we continue to provide the course, we can still require you to make the payment at a later date.
16.3 The termination of the Contract will not extinguish any claim that has already arisen.
16.4 You may not transfer any of your rights under the Contract to any other person without our written permission.
16.5 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 courses, these Course Terms and/or your participation in any course.