These Terms and Conditions will apply to the purchase of a Course by you (“You”) from Bugweed’s Limited (also trading as Bugweed’s Sewing School) a company registered in England and Wales under number 09755705 whose registered office is at 8 Marsden Park, York, YO30 4WX (“Us” or “We” or “Our”).

These Terms and Conditions will be deemed to have been accepted by you when you place an Order and will constitute the entire agreement between Us and You.

These Terms and Conditions will apply to the purchase and sale of any services between Us and You to the exclusion of any other terms that You try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

You must read these Terms and Conditions to make sure that they contain all that you want and nothing with which you are unhappy. If you are not sure about anything, please contact us.

1 Interpretation

1.1 Definitions:

“Business Day”

any day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.

“Charges”

the charges payable by You for a Course in accordance with clause 5 (Charges and payment).

“Commencement Date”

has the meaning given in clause 2.2.

“Conditions”

these terms and conditions as amended from time to time in accordance with clause 12.4.

“Contract”

the legally binding agreement between You and Us for the provision of a Course in accordance with these Conditions.

“Course”

that or those crochet, knitting, quilting, sewing or other craft lessons, events or social gatherings (and any ancillary services) provided by Us to You, more particular details of which are set out in the Course Outline.

“Course Outline”

the description of the Course, including without limitation, the outline of the content of it, the date(s) on which it is to be presented and venue.

“Data Controller”

has the meaning provided in the data protection laws and regulations applicable at the time.

“Data Subject”

an individual who is the subject of Personal Data.

“Order”

your written request to be admitted on to (or for a nominated specific third party to be admitted on to) a Course, which must be submitted via our website.

“Personal Data”

has the meaning provided in the data protection laws and regulations applicable at the time.

“Your Default”

has the meaning set out in clause 4.2.

1.2 A reference to a statute or statutory provision is a reference to it as amended or re-enacted. A reference to a statute or statutory provision includes all subordinate legislation made under that statute or statutory provision.

1.3 Any words following the terms including, include, in particular, for example or any similar expression, shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

1.4 A reference to writing or written includes emails and social media direct message.

2 Basis of contract

2.1 An Order constitutes an offer by You requesting to be admitted on to a Course in accordance with these Conditions. When You submit an Order as a gift (or otherwise) for a third party, You must state this in the Order, with full details of the proposed delegate, at the time that the Order is made.

2.2 The Order shall only be deemed to be accepted when We issue written acceptance of the Order at which point and on which date the Contract shall come into existence (“Commencement Date“).

2.3 Any descriptive matter or advertising issued by Us, and any descriptions or illustrations contained on Our website or in Our catalogues, brochures or social media, are issued or published for the sole purpose of giving an approximate idea of the services described in them. They shall not form part of the Contract or have any contractual force.

3 Supply of Courses

3.1 In making the Order You acknowledge that the Course Outline corresponds with Your requirements in all respects.

3.2 We shall provide the Course in accordance with the Course Outline except where it is not reasonably practicable to do so.

3.3 We shall use reasonable endeavours to meet delivery dates and times of the Course. We cannot be held accountable for third party cancellations, illness or matters outside of our control. In such circumstances we shall endeavour to deliver the Course on another date and time.

3.4 The specific projects detailed in the Course Outline may be varied by Us, if required. However, the skills to be learned on a Course will not deviate materially from those specified in the Course Outline.

4 Your obligations

4.1 You shall:

4.1.1 where We provide a Course tailored to Your specific requirements, ensure that the contents of the Course Outline are complete and accurate;

4.1.2 co-operate with Us, as necessary, to ensure the proper delivery of the Course to You;

4.1.3 where We require access to Your premises and/or other facilities, as reasonably required by Us, provide such access;

4.1.4 be respectful to our equipment and not damage it in any way;

4.1.5 attend at the Course with any materials or facilities that You have been advised to provide;

4.1.6 insure properly any equipment that you use in taking a Course and, further, ensure that such equipment is properly maintained and fit for purpose;

4.1.7 provide the information that reasonably we request pertaining to those attending on the Course. We may request that consent and disclaimers are entered into, which shall also be completed by You before being admitted on to the Course;

4.1.8 behave respectfully, listen to instructions and take reasonable steps to ensure You, and any children in your care, avoid injury when using any equipment provided; and

4.1.9 attend as per the details provided in the Order.

4.2 If Our performance of any of Our obligations under the Contract is prevented or delayed by any act or omission by You or failure by You to perform any relevant obligation (“Your Default“):

4.2.1 without limiting or affecting any other right or remedy available to Us, We shall have the right to suspend delivery of the Course to You until Your Default is remedied;

4.2.2 We shall not be liable for any costs or losses sustained or incurred by You arising directly or indirectly from Our failure or delay to perform any of Our obligations as set out in this clause 4.2; and

4.2.3 You shall reimburse Us on written demand for any costs or losses sustained or incurred by Us arising directly or indirectly from Your Default.

5 Charges and payment

5.1 We shall be entitled to take payment of the Charges when We accept the Order.

5.2 Payment of the Charges must be made as follows:

5.2.1 if the total Charges for the Course, which is the subject matter of the Order, is less than or equal to £40.00: payment of the Charges must be made in full when we accept the Order.

5.2.2 If the total Charges for the Course, which is the subject matter of the Order, is greater than £40.00: a pre-payment of 50% of the Charges when the Order is made then the balance of the Charges must be paid no later than 10 Business Days before the commencement of date of the Course.

We may cancel a Course or Your attendance on a Course if payment is not made by You on time.

5.3 Payment should be made by Stripe. If You must pay by an alternative method, please contact us. In the event that payment is made by an alternative method, such as bank transfer, PayPal, in cash or by cheque, a fee in the sum of 2.5% of the Charges paid by such method shall be due and payable in addition.

5.4 Your place on a Course shall only be secured when the pre-payment in clause 5.2.1 has been made.

5.5 The Charges for the Course shall be calculated in accordance with the Order. Fees and Charges include VAT (where appropriate) at the rate applicable at the time of the Order, so that, if the rate of VAT increases before acceptance of the Order, We will only increase the Charges by the amount of that increase if you agree, otherwise the Order will be cancelled.

5.6 If You fail to make a payment due to Us under the Contract by the due date, then, without limiting Our remedies under clauses 9 and 10, You shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause 5.6 will accrue each day at 4% per year above the Bank of England’s base rate from time to time, but at 4% a year for any period when that base rate is below 0%.

6 Cancellation

6.1 You may cancel an Order for acceptance onto a Course, however We shall be entitled to recover the following amounts in addition to any fees, charges or expenses reasonably and properly incurred by Us in the organisation of Your attendance on the Course to the date of cancellation by You. If cancellation occurs:

6.1.1 less than 14 days before the date of commencement of the Course, then the full amount of the Charges shall be due;

6.1.2 between 15 and 27 days (inclusive) before the date of commencement of the Course, then 50% of the total balance of Charges shall be due; and

6.1.3 28 days or more before the date of Course then 25% of the Charges shall be due.

Should we fill Your place on a Course after you have cancelled it, We shall reimburse You any of the Charges that You have paid to Us. We will process any refund due to You by the method You used for payment. Any fees, costs or expenses incurred by US and which We are entitled to pass on to You shall be deducted from those sums refunded to You.

7 Data protection and data processing

7.1 We are the data processor in respect of any Personal Data provided by You.

7.2 We shall process the Personal Data provided by You to perform Our obligations under the Contract then otherwise only in accordance with Your instructions (or those of a member of any group or, where appropriate, the parent or guardian of a group member who is attending a Course, provided that such instructions relate only to relevant Personal Data) from time to time.

7.3 We shall take reasonable steps to ensure the reliability of all of Our employees who have access to the Personal Data.

7.4 We and You (on behalf of those attending on a Course) agree to process the Personal Data in compliance with all applicable laws, enactments, regulations, orders, standards and other similar instruments.

7.5 Having regard to the state of technological development and the costs of implementing any measures, We will:

7.5.1 take appropriate technical and organisational measures against the unauthorised or unlawful processing of Personal Data and against the accidental loss or destruction of, or damage to, Personal Data to ensure a level of security appropriate to:

7.5.1.1 the harm that might result from such unauthorised or unlawful processing or accidental loss, destruction or damage; and

7.5.1.2 the nature of the data to be protected; and

7.5.2 take reasonable steps to ensure compliance with those measures.

7.6 You acknowledge that We are reliant upon You for direction as to the extent to which We are entitled to use and process the Personal Data. Consequently, We will not be liable for any claim brought by a Data Subject arising from any action or omission by Us, to the extent that such action or omission resulted directly from Your instructions.

7.7 We may authorise a third party (subcontractor) to process the Personal Data provided that the subcontractor’s contract:

7.7.1 is on terms which are substantially the same as those set out in the Contract; and

7.7.2 terminates automatically on termination of the Contract for any reason.

8 Limitation of liability

8.1 Nothing in the Contract shall limit or exclude Our liability for:

8.1.1 death or personal injury caused by Our negligence, or the negligence of Our employees, agents or subcontractors;

8.1.2 fraud or fraudulent misrepresentation; or

8.1.3 breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession) or any other liability which cannot be limited or excluded by applicable law.

8.2 This clause 8 shall survive termination of the Contract.

9 Termination

9.1 Without affecting any other right or remedy available to it, either party may terminate the Contract within one Business Day of confirmation of the Order.

9.2 Without affecting any other right or remedy available to it, We may refuse your admittance onto a Course if You fail to pay the Charges on the due date for the payment of them.

10 Consequences of termination

10.1 On termination of the Contract, You shall pay to Us immediately all of those sums due to Us,

10.2 Termination of the Contract shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination.

10.3 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination of the Contract shall remain in full force and effect.

11 Restrictions

11.1 The Courses are provided for consumers only; they are not intended for commercial use.

11.2 You shall (unless otherwise agreed in writing by Us), for a period of 12 months following the date of completion of the Course, not carry on or be employed, engaged or interested in any business in the United Kingdom which would be in competition with any part of Our business of operating a sewing school as carried on when the Course was taken.

11.3 You warrant (promise) to Us that attendance on the Course is not for commercial purposes.

12 General

12.1 Force majeure.

Neither party shall be in breach of the Contract nor liable for delay in performing, or failure to perform, any of its obligations under the Contract if such delay or failure results from events, circumstances or causes beyond its reasonable control. For example, if rescheduling is required due to a failure of third-party venues to make such premises available, or to the requisite standard, despite the efforts made by Us.

12.2 Assignment and other dealings.

We may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights and obligations under the Contract. You are not entitled to assign this Contract to a third party without our prior written consent to do so.

12.3 Entire agreement.

12.3.1 The Contract together with the Order constitutes the entire agreement between Us and You and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between Us and You, whether written or oral, relating to its subject matter.

12.3.2 Each party acknowledges that in entering into the Contract it does not rely on and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in the Contract.

12.3.3 Nothing in this clause shall limit or exclude any liability for fraud.

12.4 Variation.

Except as set out in these Conditions, no variation of the Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives).

12.5 Waiver.

A waiver of any right or remedy under the Contract or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. A failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under the Contract or by law shall prevent or restrict the further exercise of that or any other right or remedy.

12.6 Severance.

If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.

12.7 Notices.

12.7.1 All notices under these Conditions must be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party).

12.7.2 Notices will be deemed to have been duly given:

12.7.2.1 when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient;

12.7.2.2 when sent, if transmitted by email and a successful transmission report or return receipt is generated;

12.7.2.3 on the third Business Day following mailing, if mailed by national ordinary mail; or

12.7.2.4 on the tenth Business Day following mailing, if mailed by airmail.

12.7.3 All notices under these Conditions must be addressed to the most recent address or email address notified to the other party.

12.8 Third party rights.

12.8.1 Unless it expressly states otherwise, the Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.

12.8.2 The rights of the parties to rescind or vary the Contract are not subject to the consent of any other person.

12.9 Buying fabric, yarn and haberdashery.

Any fabric, thread, yarn, haberdashery or other goods purchased from Bugleweed’s Fabrics Ltd and/or Bugweed’s Yarn & Crafts Ltd are subject to separate terms and conditions which will be supplied upon request or necessity.

12.10 Complaints.

Any complaint must be raised immediately to a member of staff in order to allow us to assess and mitigate any issues you may have.

12.11 Disputes.

We try to avoid any dispute, so we deal with complaints as follows: if a dispute occurs You should contact Us directly. We will aim to respond with an appropriate solution within 5 Business Days.

12.12 Law and Jurisdiction.

These terms are governed by English law and you can bring legal proceedings in the English courts. If you live in Scotland, you can bring legal proceedings in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in either the Northern Irish or the English courts.