Terms and Conditions | Glass Making Courses

Glassification – Terms and Conditions

These Terms and Conditions are the standard terms and conditions that apply to the sale of Services by us, Glassification, a business in England, whose address is Unit 3, Rose Mills Industrial Estate, Hort Bridge, Ilminster, Somerset, TA19 9PS (“we/us/our”).

Definitions and Interpretation
1. 1. In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

“Consumer” is as defined in the Consumer Rights Act 2015;

“Contract” means the contract for the purchase and sale of the Products, as explained in clause 3;

“Customer” means you, who is placing an Order with us;

“Goods” means

“Participant” means any individual that has been booked on to the Services by you;

“Quotation” means our quotation to carry out the Services which, unless otherwise stated, remains open for acceptance for a period of 30 days and sets out the entire scope of Services to be provided;

“Services” means any workshops and courses we may offer;

“Order” means your order for the Services;

“Booking” means the provisional Booking of the Services, and will be confirmed in the Order Confirmation;

“Order Confirmation” means our acceptance and confirmation of your Order as described in clause 3; and

“Website” means https://glassification.co.uk/ or glassmakingcourses.co.uk

1. 1. Unless the context otherwise requires, each reference in these Terms and Conditions to:
    1. 1. “writing” and “written” includes emails and similar communications;
      2. a statute or a provision of a statute is a reference to that statute or provision as may be amended or re-enacted at the relevant time;
      3. “these Terms and Conditions” is a reference to these Terms and Conditions as may be amended or supplemented at the relevant time;
      4. a clause is a reference to a clause of these Terms & Conditions;
      5. a “Party” or the “Parties” refer to the parties to these Terms and Conditions.
  2. The headings used in these Terms and Conditions are for convenience only and shall have no effect upon their interpretation.
  3. Words imparting the singular number shall include the plural and vice versa.
  4. References to persons shall include corporations.

Access to and Use of Our Website
1. 1. Access to our Website is free of charge. It is your responsibility to make any and all arrangements necessary in order to access our Website.
  2. Access to our Website is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue our Website (or any part of it) at any time and without notice. We will not be liable to you in any way if our Website (or any part of it) is unavailable at any time and for any period.

The Contract
1. 1. These Terms and Conditions govern the sale of all Services and Goods by us and will form the basis of the Contract between you and us. If you wish to place an Order with us, our Website will guide you through the ordering process.
  2. If placing an Order online, before submitting your Order, you will be given the opportunity to review and amend it. Please ensure that you have checked your Order and that you have read these Terms and Conditions carefully before submitting it and making payment. If you are unsure about any part of these Terms and Conditions, please ask us for clarification.
  3. No part of our Website constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that we may, at our sole discretion, accept.
  4. We then send an Order Confirmation to you by email; this is NOT contractual acceptance of our ability to provide this product, it is an acknowledgement that we have received your offer, and should the Services be available as detailed on our Website then you have entered into a legally binding agreement to purchase the Products. Should you request bespoke Goods we will send a quotation for the handmade glass Goods which is an offer capable of acceptance.
  5. If we, for any reason, do not accept or cannot fulfil your Order, any payment we have taken will be refunded to you as soon as possible (in any event, within 14 days).
  6. Once your Order has been accepted as detailed in clause 3.5, it is your responsibility to notify us of any incorrectly entered order details during checkout.
  7. A legally binding Contract between you and us will be formed when you accept our Quotation, either by sending us written confirmation or by sending us a purchase order. The Contract will incorporate, and be subject to, these Terms and Conditions.
Description and Specification of Services
1. 1. We have made every reasonable effort to ensure that the Services conform to the photographs and descriptions provided in our sales and marketing literature and on our Website. We cannot, however, guarantee that all photographs and descriptions will be precisely accurate.
  2. We reserve the right to make any changes in the specification of the Services that may be required to conform to any applicable safety or other legal or regulatory requirements, without notice.
  3. Gift Cards can be purchased via our Website.
  4. Gift Cards are non-refundable except in accordance with clause 9 and not redeemable for cash.
  5. We cannot accept responsibility for unauthorised use of gift cards.
  6. Gift card codes are valid for 12 months from the date of issue.

Services
1. 1. When Booking a place on a course, it is your responsibility to provide us with such information and assistance relating to the Services as we may reasonably require. If you fail to do so, we cannot be held responsible for the quality and/or outcomes of the Services we have provided.
  2. Should the behaviour of a Participant prove disruptive at any stage during the provision of the Services, at our sole discretion, we will be entitled to request the immediate removal of said Participant.
  3. Any works that have been left behind are your responsibility, where agreed, works will be delivered to you and we are not responsible should any damages occur in the delivery process.

Price and Payment
1. 1. The price of our Services and Goods will be as outlined on our Website except for bespoke Goods as detailed in Clause 3.4. Our prices may change at any time but these changes will not affect Bookings that we have already accepted.
  2. All Goods and Services are priced in pounds sterling (£GDP) and exclude delivery charges where applicable which will be applied at checkout before you complete your order.
  3. We have made every reasonable effort to ensure that our prices, as shown in our current sales and marketing literature and on our Website are correct. If we find, or are made aware of, any typographical, clerical or other accidental errors or omissions in our sales and marketing literature or on our Website, we will make every reasonable effort to correct such errors or omissions as soon as is reasonably possible.
  4. If there is an obvious pricing error on our Website, we will be under no obligation to provide the Services to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the price error is unmistakable and could have reasonably been recognised by you as a mispricing. Prices will be checked when we process your Order.
  5. Delivery charges are not included in the price of the Goods on our Website. Delivery options and any related charges will be presented to you as part of the Order process, where applicable. Payment for the Goods or Services and any related delivery charges must always be made at the time of Order and you will be prompted to pay during the Order process.
  6. All prices include VAT, where applicable. If the rate of VAT changes between the date of your Order and the date of your payment, we will adjust the rate of VAT that you must pay. Changes in VAT will not affect any prices where we have already received payment in full from you.
  7. All payments must be paid via PayPal, either using your card through the PayPal checkout or through a PayPal account.
  8. Payment for the Services and Goods shall be made by you at the time of Order unless we have agreed staged payment by monthly direct debit outlined in the Order Confirmation ..
  9. If it is not possible to obtain payment for the Services using the payment details you have provided, your Order will be withheld until full payment is received by us.

Delivery
1. 1. All Goods purchased through our Website will normally be despatched within 5 working day after the date of our Delivery Confirmation unless otherwise agreed or specified during the Order process (subject to delays caused by events outside of our control – see clause 12).
  2. Orders placed by UK customers may be required to sign for the order if you choose the sign for option. Should your Order not arrive by the estimated delivery date, you should contact us in writing as soon as possible so we can investigate.
  3. It is your responsibility to provide us with full and correct delivery address details. If your package is returned to us due to an incorrect or incomplete address, you will be charged the full delivery cost to re-deliver your order to a corrected address
  4. If no one is available at your delivery address to receive the Goods and the Goods cannot be left in a safe place nominated by you, DHL will leave a delivery note explaining how to rearrange delivery or where to collect the Goods.
  5. As per DHL’s terms if you do not collect the Goods or rearrange delivery within the time frame stipulated, we will contact you to ask you how you wish to proceed. If we cannot contact you or arrange redelivery or collection, we will treat the Contract as cancelled and recover the Goods. If this happens, you will be refunded the purchase price of the Goods themselves, but not the cost of delivery. We may also bill you for any reasonable additional cost that we incur in recovering the Goods.
  6. In the unlikely event that we fail to deliver the Goods within 30 calendar days of our Order Confirmation (or as otherwise agreed or specified as under clause 6.1), you may treat the Contract as being at an end immediately if:
    1. 1. We have refused to deliver your Goods; or
      2. In light of all relevant circumstances, delivery within that time period was essential; or
      3. You told us when ordering the Goods that delivery within that time period was essential.
  7. If you do not wish to cancel under clause 7.6 or none of those circumstances apply, you may specify a new (reasonable) delivery date. If we fail to meet the new deadline, you may then treat the Contract as being at an end.
  8. Any sums that you have already paid for cancelled Goods and their delivery will be refunded to you within 14 days. Please note that if any cancelled Goods are delivered to you, you must return them to us or arrange with us for their collection. In either case, we will bear the cost of returning the cancelled Goods.
  9. Delivery will be deemed to have taken place when the Goods have been delivered to the delivery address indicated in your Order and you (or someone identified by you) have taken physical possession of the Goods.
  10. The responsibility (sometimes referred to as the “risk”) for the Goods remains with us until delivery is complete as defined in clause 7.9, at which point it will pass to you. You own the Goods only once we have received payment in full of all sums due (including any applicable delivery charges).

Faulty, Damaged or Incorrect Goods
1. 1. By law, we must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information we have provided, and that match any samples that you have seen or examined (unless we have made you aware of any differences). If any Goods you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect (or incorrectly priced) Goods, please contact us as soon as reasonably possible to inform us of the fault, damage or error, take a photograph of the Goods, send to enquiries@glassification.co.uk and arrange for the following remedy/remedies:
    1. 1. Beginning on the day that you receive the Goods (and ownership of them) you have a 30 calendar day right to reject the Goods and to receive a full refund if they do not conform as stated above. In this case you must return the Goods as you found them and we will reimburse Delivery costs should we agree to be at fault.
      2. If you do not wish to reject the Goods, or if the 30 calendar day rejection period has expired, you may request a replacement. We will bear any associated costs and will provide the replacement within a reasonable time and without significant inconvenience to you. In certain circumstances, where a replacement is impossible or otherwise disproportionate, we may instead offer you a full refund. If you request a replacement during the 30 calendar day rejection period, that period will be suspended while we provide the replacement and will resume on the day that you receive the replacement Goods. If less than 7 calendar days remain out of the original period, it will be extended to 7 calendar days.
      3. If, after replacement, the Goods still do not conform (or if we have failed to act within a reasonable time or without significant inconvenience to you), you may have the right either to keep the Goods at a reduced price, or to reject them in exchange for a refund.
  2. Please note that you will not be eligible to claim under this clause 8 if we informed you of the fault(s), damage or other problems with the Goods before you purchased them (and it is because of the same issue that you now wish to return them); if you have purchased the Goods for an unsuitable purpose that is neither obvious nor made known to us and the problem has resulted from your use of the Goods for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage.
  3. To return Goods to us for any reason under this clause 8, please contact us to arrange for the return. We will be fully responsible for the costs of returning Goods under this clause 8 and will reimburse you where appropriate.
  4. Refunds under this clause 8 will be issued within 14 calendar days of the day on which we agree that you are entitled to the refund.
  5. If the subscription Services has faults, you are entitled to request we fix the problem. If we cannot fix the problem, or if it has not been (or cannot be) fixed within a reasonable time and without significant inconvenience to you, you may be entitled to a full or partial refund. Please note that we will not be liable if we informed you of the fault(s) or other problems with particular paid content before you accessed it and it is that same issue that has now caused the problem (for example, if the paid content in question is an alpha or beta version and we warned you that it may contain faults), or if you purchased the paid content for an unsuitable purpose that is not obvious or made known to us and the problem resulted from your use of the paid content for that purpose.
  6. Any and all refunds issued under this clause 8 will include all delivery costs paid by you when the Goods were originally purchased and will be made using the same payment method that you used when ordering the Goods, unless you specifically request that we make a refund using a different method.

Cancellations
1. 1. If you are a Consumer in the European Union, you have a legal right to a “cooling-off” period within which you can cancel the Contract for any reason. This period begins once your Order is complete and we have sent you your Order Confirmation, i.e. when the Contract between you and us is formed. You may also cancel for any reason before we send the Order Confirmation.
  2. If you have ordered Goods and they are being delivered to you in a single instalment (whether single or multiple items), the legal cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the Goods.
  3. If the Goods are being delivered in separate instalments on separate days, the legal cooling-off period ends 14 calendar days after the day on which you (or someone you nominate) receive(s) the final instalment of Goods.
  4. If you wish to exercise your right to cancel under this clause 9, you must inform us of your decision within the cooling-off period. You may do so in any way you wish. Cancellation by email is effective from the date on which you send us your message. Please note that the cooling-off period lasts for 14 whole calendar days. If, for example, you send us an email or letter by 23:59:59 on the final day of the cooling-off period, your cancellation will be valid and accepted. If you would prefer to contact us directly to cancel, please use the contact form available on our Website.
  5. Please note that you may lose your legal right to cancel under this clause 9 if:
    1. 1. the Goods are not sealed in the same box that it was delivered in with the same internal protection
      2. the Goods were made to order and are bespoke to you
  6. Please ensure that you return Goods to us no more than 14 calendar days after the day on which you informed us of your wish to cancel under this clause 9.
  7. You may return Goods to us by post or another suitable delivery service of your choice. Please contact us to obtain details of the returns address. Please note that you must bear the costs of returning Goods to us if cancelling under this clause 9. We will reimburse standard delivery charges in full as part of your refund. However, we cannot reimburse for premium delivery.
  8. Refunds under this clause 9 where applicable will be made using the same payment method that you used when ordering the Services.
  9. Where the Customer is not a Consumer, or should any Consumer cancel an order with us after the expiry of the cooling off period above, we require a minimum of 4 weeks’ notice prior to the agreed start date of the course. You will remain liable to pay for any Services that have been carried out and we reserve the right to impose reasonable cancellation charges against you, which will then fall due for payment immediately if not already paid. Any monies already paid to us shall only be refunded in part or in full should we mitigate our losses by re-selling the course. If cancellation takes place after we have purchased any materials, you will be required to pay for such materials and any expenses incurred by us.

Cancellations by Us
1. 1. We may cancel the Order for any reason at any time prior to the date of the commencement of the Services or before we despatch the Goods to you. If we cancel and you have made any payment to us, that/those sum(s) will be refunded to you. The refund will be our sole liability.

Our Liability
1. 1. We will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms and Conditions or as a result of our negligence or breach of contract. Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it is contemplated by you and us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
  2. Under no circumstances will we be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity whatsoever.
  3. Nothing in these Terms and Conditions seeks to exclude or limit our liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation.
  4. Nothing in these Terms and Conditions seeks to exclude or limit any of your rights as a Consumer. More information on your rights as a Consumer can be obtained from your local Citizens’ Advice Bureau or Trading Standards Office.

Events Outside of Our Control (Force Majeure): We will not be liable for any failure or delay in performing our obligations where that failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: failure of any sub-contractor, power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, subsidence, acts of terrorism or war, governmental action, epidemic or other natural disaster, or any other event that is beyond our control.

Communication, Complaints and Feedback
1. 1. If you wish to contact us in writing, please use the contact form on our Website or email enquiries@glassification.co.uk.
  2. We always welcome feedback from our customers and, whilst we always use all reasonable endeavours to ensure that your experience as a customer of ours is a positive one, we nevertheless want to hear from you if you have any cause for complaint. If you wish to complain about any aspect of your dealings with us, please contact us in writing so we can investigate.

How We Use Your Personal Information (Data Protection)
1. 1. All personal information that we may use will be collected, processed, and held in accordance with the provisions of the Data Protection Act 2018 and the EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR, and any amendments thereto.
  2. We may use your personal information to provide our Services to you, process your payment for the Services, and/or inform you of new Services available from us. You may request that we stop sending you this information at any time. We will not pass on your personal information to any third parties without first obtaining your express permission.
  3. Further information about our use of your personal information is available in our Privacy Policy, which is included on our Website.

Assignment
1. 1. We may transfer (assign) our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (if, for example, we sell our business). If this occurs you will be informed by us in writing. Your rights under these Terms and Conditions will not be affected and our obligations under these Terms will be transferred to the third party who will remain bound by them.
  2. You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract) without our express written permission.

Third Party Rights
1. 1. The Contract is between you and us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.

Severance
1. 1. If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that/those provision(s) will be deemed severed from the remainder of these Terms & Conditions and the remainder will be valid and enforceable.

Waiver
1. 1. No failure or delay by us in exercising any of our rights under these Terms and Conditions means that we have waived that right, and no waiver by us of a breach of any provision of these Terms and Conditions means that we will waive any subsequent breach of the same or any other provision.

Governing Law and Jurisdiction: These Terms and Conditions and the Contract between you and us will be governed by, and construed in accordance with, the laws of England and Wales and any dispute will fall within the non-exclusive jurisdiction of the courts of England and Wales.