Booking Terms & Conditions
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are unsure about anything, please email us at [email protected] with your query and we will endeavour to respond within 24 hours.
- These Terms and Conditions will apply to the purchase of the services and goods advertised in our website, catalogues, brochures or other form of advertisement by you (the Customer or you or your).
- We are Spark4Kids Limited, a company registered in England and Wales under number 09448887 whose registered office is at 49 Brixton Station Road, Brixton Impact Hub, POP Brixton, LONDON, SW9 8PQ with email address [email protected]; telephone number 020 8090 1444; (the Supplier or us or our or we or Spark4Kids).
- These are the terms on which we sell all Services to you. By ordering any of the Services, you agree to be bound by these Terms and Conditions.
- Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
- Contract means the legally-binding agreement between you and us for the supply of the Services;
- Delivery Location means the Supplier’s premises or other location where the Services are to be supplied or provided, as set out in the Order;
- Goods means any goods that we supply to you with the Services, of the number and description as set out in the Order;
- Order means the Customer’s order for the Services from the Supplier as set out in the Customer’s order or booking or in the Customer’s written acceptance of the Supplier’s quotation;
- Service (used interchangeably with Session) means the services, including training and workshops and any Goods, of the number and description set out in the Order.
- The description of the Services and any Goods is as set out in our website, catalogues, brochures or other form of advertisement.
- In the case of Services and any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
- All Services are subject to availability.
- We can make changes to the Services at any time and without redress, which we deem are necessary to comply with any applicable law or safety requirement, or for internal quality assurance. We will notify you of these changes.
- You must co-operate with us in all matters relating to the Services, provide us and our authorised employees and representatives with access to any premises under your control as required, provide us with all information required to perform the Services and obtain any necessary licences and consents (unless otherwise agreed).
- Failure to comply with the above is a Customer default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.
Basis of Sale
- The description of the Services and any Goods in our website, catalogues, brochures or other form of advertisement does not constitute a contractual offer to sell the Services or Goods.
- When an Order has been made, we can reject it for any reason, although we will try to tell you the reason without delay, which must be due to running out of stock or resources, a price or description mistake, inability to obtain your payment, your not having provided us with information which may hinder our ability to deliver the service or product to our standards, or other genuine and fair reason.
- A Contract will be formed for the Services ordered, only upon the Supplier sending an email to the Customer saying that the Order has been accepted or, if earlier, the Supplier’s delivery of the Services to the Customer.
- Any quotation or estimate of Fees (as defined below) is valid for a maximum period of 3 days from its date, unless we expressly withdraw it at an earlier time.
- No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
- We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer where we, the Supplier and you the Customer, enter the Contract at any of the Supplier’s business premises, and where the Contract is not a contract (i) for which an offer was made by the Customer in the Supplier’s and the Customer’s simultaneous physical presence away from those premises, or (ii) made immediately after the Customer was personally and individually addressed in the Supplier’s and the Customer’s simultaneous physical presence away from those premises. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate to you and which might, in some way, be better for you, e.g. by giving cancellation rights pursuant to consumer protection law. Business premises means immovable retail premises where we carry on business on a temporary or permanent basis or, in the case of movable retail premises, on a usual basis.
Fees and Payment
- The fees (Fees) for each type of (if applicable) the Services, the price of any Goods (if not included in the Fees) and any additional delivery or other charges is that set out in our price list current at the date of the Order or such other price as we may agree in writing. Prices for Services may be calculated on a fixed fee or on a standard rate basis.
- Fees and charges include VAT 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 Fees or charge by the amount of that increase if you agree, otherwise we must reject the Order and promptly inform you of this.
- Unless by prior arrangement, you must pay the full fee for provision of the Service by bank transfer as per bank account details to be provided by Supplier, before the date of delivery of the Services. Note that the Supplier does not accept cheques as payment towards Services to be provided.
- We will deliver the Services, including any Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement:
- in the case of Services, within a reasonable time; and
- in the case of Goods, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.
- In any case, regardless of events beyond our control, if we do not deliver the Services on time, you can require us to reduce the Fees or charges by an appropriate amount (including the right to receive a refund for anything already paid above the reduced amount). The amount of the reduction can, where appropriate, be up to the full amount of the Fees or charges.
- In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
- we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
- after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
- If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
- If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods.
- If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.
- We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.
- You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
- If you or your nominee fail, through no fault of ours, to take delivery of the Services at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
- The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
Risk and Title
- Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
- You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.
- We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
- Upon delivery, the Goods will:
- be of satisfactory quality;
- be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us, expressly or by implication, regardless of whether that is a purpose for which goods of that type are usually supplied (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
- conform to their description.
- It is not a failure to conform if the failure has its origin in your materials.
- We will supply the Services with reasonable skill and care.
- In relation to the Services, anything we say or write to you, or anything someone else says or writes to you on our behalf, about us or about the Services, is a term of the Contract (which we must comply with) if you take it into account when deciding to enter this Contract, or when making any decision about the Services after entering into this Contract. Anything you take into account is subject to anything that qualified it and was said or written to you by us or on behalf of us on the same occasion, and any change to it that has been expressly agreed between us (before entering this Contract or later).
Duration, termination and suspension
- The Contract continues as long as it takes us to perform the Services.
- Either you or we may terminate the Contract or suspend the Services at any time by a written notice of termination or suspension to the other if that other:
- commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed or is not fixed within 30 days of the written notice; or
- is subject to any step towards its bankruptcy or liquidation.
- On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.
Successors and our sub-contractors
- Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.
Circumstances beyond the control of either party
- In the event of any failure by a party because of something beyond its reasonable control:
- the party will advise the other properly as soon as reasonably practicable; and
- the party’s obligations will be extended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery.
- We do not exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (e.g. loss of profit) to your business, trade, craft or profession which would not be suffered by a Consumer – because we believe you are not buying the Services and Goods wholly or mainly for your business, trade, craft or profession.
Governing law, jurisdiction and complaints
- The Contract (including any non-contractual matters) is governed by the law of England and Wales.
- Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
- We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurs, customers should contact us by email in order to find a solution. We will aim to respond with an appropriate solution within 10 days.
Withdrawal and cancellation
- You can withdraw the Order by telling us before the Service is, or Goods are delivered, if you simply wish to change your mind and without giving us a reason, and without incurring any liability, subject to the following cancellation or re-scheduling fees as a percentage of the total Service fee value:
- If Service fee payment has not been made before the withdrawal or cancellation, then a separate invoice representing the cancellation or re-scheduling fee will be submitted to the Customer, to be paid within 10 days of the cancellation or re-scheduling having taken place, to the Supplier.
- If the cancellation is due to illness, then an appropriate refund may be made subject to the illness being medically certified and the illness not being a pre-existing condition.
- Cancellation and rescheduling fees in section 51 do not apply to cancelled or rescheduled bookings that are due to medical issues as outlined in section 54.
- For marketing purposes, photographs and video recordings may be made to highlight the activities that occur during a Session.
- Under no circumstances will names or any identifiable details of children on our courses be disclosed publicly, or to third parties.
- The copyright of all photographs and videos taken during a Session and appearing in brochures and websites are the property of the Supplier.
- No reproduction may be made without prior written permission from the Supplier.
- Please inform the Supplier at the beginning of the Session and in writing, if you do not want your child’s photograph taken during workshop activities.
- All of your child’s personal property is your own responsibility, unless loss or damage is proven to be due to the Suppliers negligence. If anything is missing when your child or children leave the Session, please make a member of staff aware about it right away as there may still be time to find it before the Session ends.
- Expensive or treasured items such as laptops, tablets, personal video games, mobile phones, designer clothes/shoes/trainers, etc., should not be brought to the Session as they can be a distraction, and are often unnecessary and inappropriate for the Session.
- The timetable for certain activities are subject to alteration in the event of cold or wet weather conditions, or other factors which are beyond our control.
- In the event sessions are cancelled due to safety reasons, or factors beyond our control, we will not be contractually obliged to provide a refund, however the Supplier will consider every case on its own merits.
- Some aspects of our Session may include excursions and outdoor activities, such as short walks in the park. All our usual standards of care and supervision apply.
- All children may participate in off-site events unless we specifically receive written notification to the contrary from parents or guardians.
- We reserve the right to reclaim costs incurred for any damage caused by the child or children whom you have booked onto the Session, to any property of the Supplier and its employees or to sub-contractors and/or service provider’s property and/or buildings.
- From time to time, Spark4Kids may offer discounts off quoted prices on individual bookings. Where a booking qualifies for multiple discounts, only one discount may be applied. No discount is guaranteed, and any discount offered is done at the sole discretion of Spark4Kids.