1. DEFINITIONS

1.1  When the following words with capital letters are used in these Terms, this is what they will mean:

Event Outside Our Control: is defined in clause 6.2;

Booking Form: your order for the Services;

Services: the services that We are providing to you as set out in the Booking Form;

Terms: the terms and conditions set out in this document; and

We/Our/Us: L’ATELIER DE POPIE, proprietor Pauline de La Tour d'Artaise

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1.2 When We use the words "writing" or "written" in these Terms, this will include e-mail unless We say otherwise.

1.3 When We use the words “you” or your” in these Terms, this means the parent(s) or carer(s) as specified in the Booking Form.

1.4 The headings in these Terms are for convenience only and shall not affect their interpretation.

 

2. OUR CONTRACT WITH YOU

2.1 These are the terms and conditions on which We supply Services to you.

2.2 Please ensure that you read these Terms carefully, and check that the details on the Booking Form and in these Terms are complete and accurate, before you sign the Booking Form.

2.3 Any changes to the information contained on the Booking Form, whether it is contact details, medical details, change of address, etc., must be notified to Us in writing as soon as possible.

2.4 If any of these Terms conflict with any term of the Booking Form, the Booking Form will take priority.

 

3. PROVIDING SERVICES

3.1 We will supply the Services on the date(s) agreed between Us in writing as stated in the Booking Form.

3.2 We will make every effort to complete the Services on the agreed date(s) as agreed in the Booking Form. However, it might not be possible due to an Event Outside Our Control. See clause 6 for Our responsibilities when an Event Outside Our Control happens.

3.3 You shall fully complete the Booking Form and supply Us with all necessary and other information required by Us in connection with the Services. We will not be liable for any delay or non-performance where you have not provided this information to Us.

 

4. PRICE & PAYMENT

4.1 The price of the Services will be set out in Our price list in force at the time We confirm your Booking Form. Our prices may change at any time, but price changes will not affect the Booking Forms that We have confirmed with you.

4.2 These prices include VAT. However, if

4.3 The rate of VAT changes between the date of the Booking Form and the date of delivery or performance, We will adjust the rate of VAT that you pay, unless you have already paid for the Services in full before the change in the rate of VAT takes effect.

4.4 We will ask you to make an advance payment of 50% of the price of the Services. Your rights to a refund on cancellation are set out in clause 7. The payment of that deposit must be sent with the Booking Form as set out under Clause 4.5.

4.5 We will ask you to pay the balance of the Services at the latest on the day the Services are provided, or on the first day the Services are provided in case the Services are provided on several days.

4.6 Any payment to Us shall be made by wire transfer (Sort code: 40-06-19 Bank account: 21639633).

4.7 If you do not make any payment due to Us by the due date for payment, We may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay Us interest together with any overdue amount.

 

5. OUR LIABILITY TO YOU 

5.1 If We fail to comply with these Terms, We are responsible for loss or damage you suffer that is a foreseeable result of Our breach of the Terms or Our negligence. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and Us at the time we entered into this contract.

5.2 If We are providing Services in your property, We will make good any damage to your property caused by Us in the course of performance. However, We are not responsible for the cost of repairing any pre-existing faults or damage to your property that We discover in the course of performance by Us. For the avoidance of doubt, it is specified that in such case We will not be responsible for normal wear and tear of your property or any equipment in it.

5.3 We shall not be responsible for any personal items your child may lose while the Services are provided.

5.4 As a consumer, you have legal rights in relation to Services not carried out with reasonable skill and care, or if the materials We use are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.

5.5 We do not exclude or limit in any way Our liability for:

(a)  death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;

(b)  fraud or fraudulent misrepresentation;

(c)  breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);

(d)  breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples); and

(e)  defective products under the Consumer Protection Act 1987.

 

6. EVENTS OUTSIDE OUR CONTROL

6.1  We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.

6.2 An Event Outside Our Control means any act or event beyond Our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.

6.3 If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:

(a)  we will contact you as soon as reasonably possible to notify you; and

(b)  our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our performance of Services to you, We will restart the Services as soon as reasonably possible after the Event Outside Our Control is over.

6.4 You may cancel the contract if an Event Outside Our Control takes place and you no longer wish Us to provide the Services. Please see your cancellation rights under clause 7. We will only cancel the contract if the Event Outside Our Control continues for longer than 2 weeks in accordance with Our cancellation rights in clause 7.

 

7. YOUR RIGHT TO CANCEL & APPLICABLE REFUND 

7.1 Before We begin to provide the Services, you have the following rights to cancel an order for  Services, including where you choose to cancel because We are affected by an Event Outside Our Control or if We change these Terms to your material disadvantage:

(a) you may cancel any order for Services within 10 calendar days of placing an order as stated in the Booking Form by contacting Us. We will confirm your cancellation in writing to you.

(b) if you cancel an order under clause 7.1(a) and you have made any payment in advance for Services that have not been provided to you, We will refund these amounts to you.

7.2 Once We have begun to provide the Services to you, you may cancel the contract for Services with immediate effect by giving Us written notice if:

(a) we go into liquidation or a receiver or an administrator is appointed over Our assets;

(b) we change these Terms to your material disadvantage;

(c) we are affected by an Event Outside Our Control.

 

8. OUR RIGHTS TO CANCEL & APPLICABLE REFUND

8.1 If We have to cancel an order for Services before the Services start:

(a) we may have to cancel an order before the start date for the Services, due to an Event Outside Our Control or the unavailability of key personnel or key materials without which We cannot provide the Services. We will promptly contact you if this happens.

(b) if We have to cancel an order under clause 8.1(a), consequently if you have made any payment in advance for Services that have not been provided to you, We will refund these amounts to you.

We may cancel the contract for Services at any time with immediate effect by giving you written notice if you do not pay Us when you are supposed to as set out in clause 4.3 and 4.4. This does not affect Our right to charge you interest under clause 4.6.

 

9. INFORMATION ABOUT US & HOW TO CONTACT US

9.1 If you have any questions or if you have any complaints, please contact Us. You can contact Us by e-mailing Us at atelierdepopie@gmail.com

9.2 If you wish to contact Us in writing, or if any clause in these Terms requires you to give Us notice in writing (for example, to cancel the contract), you can send this to Us by e-mail, by hand, or by pre-paid post to L’ATELIER DE POPIE, proprietor Pauline de La Tour d'Artaise at 75 rue des Acquevilles, 92 150 Suresnes or atelierdepopie@gmail.com. We will confirm receipt of this by contacting you in writing. If We have to contact you or give you notice in writing, We will do so by e-mail, by hand, or by pre-paid post to the address you provide to Us in the order.

 

10. HOW WE MAY USE YOUR PERSONAL INFORMATION

10.1 We will use the personal information you provide to Us to:

(a) provide the Services;

(b) process your payment for such Services; and

(c) inform you about similar products or services that We provide, but you may stop receiving these at any time by contacting Us.

10.2 We will not give your personal data to any third party.

 

11. OTHER IMPORTANT TERMS 

11.1 We may transfer Our rights and obligations under these Terms to another organisation, and We will always notify you in writing if this happens, but this will not affect your rights or Our obligations under these Terms.

11.2 This contract is between you and Us. No other person shall have any rights to enforce any of its terms.

11.3 It is the responsibility of all parents/carers collecting children to do so promptly at the end of the session. Failure to do so will expose the parent / carer to the payment of a financial penalty and will constitute a breach of the terms and conditions, entitling Us to exclude the child from subsequent sessions. All parents/carers collecting children at or after 10 minutes beyond the closing time will be charged a late collection penalty of £5.00 per child. Any parent/carer collecting children at or after 20 minutes beyond the closing time will be charged a late collection penalty of £10.00 per child.  Where the penalty is outstanding, and further sessions have been booked and paid for by the parent/carer, We reserve the right to exclude the child, until the penalty is paid, without issuing a refund for sessions unattended.

11.4 Any child who has suffered from diarrhea, sickness, high temperature/fever or conjunctivitis must be kept away for a period of 48 hours after such condition has ceased.  Any child suffering from head lice must be kept away until the hair has been fully treated and cleared.  Should any child suffer from any of the above whilst the Services are provided, the staff will contact and ask the parent/carer to come and collect the child as soon as possible. For the avoidance of doubts, it is specified that under the circumstances of Clause 11.4 you will not be refunded.

11.5 Each of the paragraphs 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.

11.6 If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.

11.7 These Terms are governed by English law. You and We both agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.