Terms & Conditions

1. Definitions and interpretation

The following definitions and rules of interpretation apply in these Conditions.

1.1 Definitions:

Business Day: a day, other than a Saturday or Sunday, when banks in Edinburgh are open for business.
Conditions: these terms and conditions as amended from time to time in accordance with clause 10.5.
Contract: the contract between the Supplier and the Student for the supply of Services in accordance with these Conditions.
Course: the course in which the Student has enrolled in offered by the Supplier.
Course Fees: the fees payable by the Student to the Supplier as stated on the Supplier’s Website.
Course Start Date: the commencement date of the Course as stated on the Supplier’s Website.
Intellectual Property Rights: patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Registration: has the meaning given in clause 2.1.
Specification: the description or specification of the Courses provided by the Supplier to the Student on the Supplier’s Website.
Student: the person or firm who purchases Services from the Supplier.
Student Default: has the meaning set out in clause 4.2.
Supplier: The Chippendale School of Furniture registered in Scotland with company number SC172877.
Supplier’s Website: https://chippendaleschool.com

1.2 Interpretation:

(a) A reference to legislation or a legislative provision is a reference to it as amended, extended or re-enacted from time to time. A reference to legislation or a legislative provision shall include all subordinate legislation made from time to time under that legislation or legislative provision.
(b) 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.
(c) A reference to writing or written excludes fax but not email.

2. Basis of contract

2.1 Course Fees must be paid in full at the time of Registration unless otherwise specified on the Supplier’s Website.

2.2 All deposits made by the Student are non-refundable. Full payment of Course Fees must be made before the Course Start Date.

2.3 The Student shall only be deemed to be registered for the selected Course when the full Course Fees have been paid to the Supplier (Registration).

2.4 Course Fees are subject to change without notice, but changes will not affect already confirmed Registrations.

2.5 Any samples, drawings, descriptive matter or advertising issued by the Supplier, and any descriptions or illustrations contained in the Supplier’s catalogues, brochures or the Supplier’s Website, 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.

2.6 These Conditions apply to the Contract to the exclusion of any other terms that the Student seeks to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.

3. Supply of Services

3.1 The Supplier shall supply the Services to the Student in accordance with the Specification in all material respects.

3.2 The Supplier reserves the right to amend the Specification if necessary to comply with any applicable law or regulatory requirement, or if the amendment will not materially affect the nature or quality of the Services, and the Supplier shall notify the Student in any such event.

3.3 The Supplier shall provide the Services using reasonable care and skill.

4. Student’s obligations

4.1 The Student shall:

(a) co-operate with the Supplier in all matters relating to the Course;
(b) provide the Supplier with such information as the Supplier may reasonably require to supply the Services, and ensure that such information is complete and accurate in all material respects; and
(c) comply with any additional obligations as set out in the Specification.

4.2 If the Supplier’s performance of any of its obligations under the Contract is prevented or delayed by any act or omission by the Student or failure by the Student to perform any relevant obligation (Student Default):

(a) without limiting or affecting any other right or remedy available to it, the Supplier shall have the right to suspend performance of the Services until the Student remedies the Student Default, and to rely on the Student Default to relieve it from the performance of any of its obligations in each case to the extent the Student Default prevents or delays the Supplier’s performance of any of its obligations; and
(b) the Supplier shall not be liable for any costs or losses sustained or incurred by the Student arising directly or indirectly from the Supplier’s failure or delay to perform any of its obligations as set out in this clause 4.2.

5. Health and Safety

5.1 It is the responsibility of the Student to adhere to the Supplier’s health and safety instructions. The Supplier cannot be held responsible for any injuries sustained as a result of acting in violation of the health and safety instructions.

5.2 The Student will not enter the workshops when under the influence of alcohol or drugs.

5.3 The student will not operate any of the woodworking machinery unless there is a tutor present to take charge in the event of an accident.

6. Intellectual property rights

All Intellectual Property Rights in or arising out of or in connection with the Course, including all Course materials, shall be owned by the Supplier.

7. Limitation of liability

7.1 The Supplier has obtained insurance cover in respect of its own legal liability.

7.2 The Supplier is not liable for any injury, loss, or damage to personal property occurring on the premises or during courses, whether such liability arises under contract, delict, under statute or otherwise at law (including liability arising from negligence).

7.3 Unless the Student notifies the Supplier that it intends to make a claim in respect of an event within the notice period, the Supplier shall have no liability for that event. The notice period for an event shall start on the day on which the Student became, or ought reasonably to have become, aware of the event having occurred and shall expire six months from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail.

7.4 Nothing in the Contract limits any liability which cannot legally be limited, including but not limited to liability for:

(a) death or personal injury caused by negligence; and
(b) fraud or fraudulent misrepresentation.

7.5 This clause 7 shall survive termination of the Contract.

8. Supplier Materials

8.1 Course Fees include the use of tools and materials unless otherwise specified.

8.2 Students are responsible for any damage to tools or equipment resulting from misuse or negligence.

9. Cancellation and Refund Policy

9.1 After full payment has been received, there is no option for refund.

9.2 Students may defer their Course due to extenuating circumstances or health issues, contingent upon the Supplier’s headmaster’s discretion, the provision of a valid doctor’s certificate and course availability.

9.3 The Supplier reserves the right to cancel or reschedule courses due to insufficient Registrations or unforeseen circumstances. In such cases, Students will be offered a full refund or the option to transfer to another Course date.

10. General

10.1 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 result from events, circumstances or causes beyond its reasonable control.

10.2 Photography and Videography. The Supplier may take photographs or videos during Courses for promotional purposes. By participating in a Course, the Student grants the Supplier permission to use these materials. The Student can opt out of this by writing to the Supplier.

10.3 Age Restriction. Students must be at least 18 years old to participate in all Courses.

10.4 Entire agreement.

(a) The Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
(b) 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.
(c) Nothing in this clause shall limit or exclude any liability for fraud.

10.5 Variation. The Supplier reserves the right to modify these Terms and Conditions at any time. Changes will be effective immediately upon posting on the Supplier’s Website.

10.6 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 right or remedy. 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.

10.7 Severance. If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this agreement. If any provision or part-provision of this Contract is deleted under this clause 10.7 the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.

10.8 Notices

(a) Any notice given to the Supplier under or in connection with the Contract shall be in writing and shall be:

(i) delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case); or
(ii) sent by email to the address specified on the Contact page of the Supplier’s website.

(b) Any notice given to the Student under or in connection with the Contract shall be in writing and shall be sent by email to the address used by the Student to register for the Course.

(c) Any notice shall be deemed to have been received:

(i) if delivered by hand, at the time the notice is left at the proper address;
(ii) if sent by next working day delivery service, at 9.00am on the second Business Day after posting; or
(iii) if sent by email, at the time of transmission, or, if this time falls outside business hours in the place of receipt, when business hours resume. In this clause 10.8(c)(iii), business hours means 9.00am to 5.00pm Monday to Friday on a day that is not a public holiday in the place of receipt.

(d) This clause 10.8 does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any other method of dispute resolution.

10.9 GDPR. Please see the Supplier’s privacy policy at the Supplier’s website (https://chippendaleschool.com/privacy/).

10.10 Third party rights. Unless it expressly states otherwise, the Contract does not give rise to any rights under the Contract (Third Party Rights) (Scotland) Act 2017 for any third party to enforce or otherwise invoke any term of the Contract.

10.11 Governing law. The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by and construed in accordance with the law of Scotland.

10.12 Jurisdiction. Each party irrevocably agrees that the Scottish courts shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.