Hobbycraft Workshops Terms and
Conditions
1.1
What these terms cover. These are the terms and conditions on which we supply services
to you in relation to the arranging and delivery of activities and events in
the form of workshops.
1.2
Why you should read them. Please read these terms carefully before you book a
workshop with us. These terms tell you who we are, how we will fulfil your booking,
how you and we may change or cancel your booking, what to do if there is a
problem with your booking and other important information. If you have any
queries about these terms, please contact us to discuss this.
1.3
Are you a business customer or a consumer? In some areas you will have different
rights under these terms depending on whether you are a business customer or
consumer. You are a consumer if:
(a)
you are an individual; and
(b)
you are making a booking with us wholly or
mainly for your personal use (not for use in connection with your trade, business,
craft or profession).
1.4
If you are a business customer this is our entire agreement
with you. If you are a business customer, these
terms constitute the entire agreement between us in relation to your purchase.
You acknowledge that you have not relied on any statement, promise,
representation, assurance or warranty made or given by or on behalf of us which
is not set out in these terms and that you shall have no claim for innocent or
negligent misrepresentation or negligent misstatement based on any statement in
this agreement.
2.1
Who we are. We are
Hobbycraft Trading Limited of 7 Enterprise Way, Christchurch, Dorset BH23 6HG ("Hobbycraft").
Hobbycraft is registered in England and Wales under company number 00806269.
Our VAT number is 974990653. References to "we", "our" and "us" are references to Hobbycraft.
2.2
How to contact us / complaints. You can contact us by writing to us at the address set out
in clause 2.1 or by contacting our customer services team on 0330 026
1400 from Monday to Sunday (including bank holidays) between 9am and 5pm
or by email at [email protected]. If you have any questions or complaints
about any of our workshops, please contact us using these contact details. We
will endeavour to respond to any written correspondence without undue delay.
2.3
Feedback. Hobbycraft
welcomes feedback with regards to your experience in attending any of our workshops,
including the performance of any third parties used in the organisation and/or
operation of any workshop. We aim to only work with trusted third parties who
offer high standards of service.
2.4
How we may contact you. If we have to contact you, we will do so by telephone or
by writing to you at the email address or postal address you provided when
making your booking.
2.5
When used in these terms, the words
"writing" or "written" include the use of email.
3.1
Booking Platform.
Our workshop booking platform (www.classbento.co.uk/hobbycraft) (the "Platform") is hosted and operated by a third
party, ClassBento Limited, a company registered in England and Wales under
registration number 12494683 and with its registered office at 17 Queens Lane,
Newcastle, NE1 1RN ("ClassBento"). By using the Platform, including
making any booking via the Platform and/or attending any workshop hosted on the
Platform, you agree to be bound by and shall comply with ClassBento's terms and
conditions (which can be found here: https://classbento.co.uk/terms-and-conditions). You acknowledge and agree that, as the
Platform is hosted and operated by ClassBento, we shall not be responsible to
you for any act or omission of ClassBento or any failure by ClassBento to
comply with the ClassBento terms and conditions. Notwithstanding any provision
of ClassBento's terms and conditions, other than for your own personal use, you
are not permitted to use, download, print, copy, reproduce, modify, share,
frame or otherwise deal with any content hosted on the Platform and/or
Hobbycraft website without our prior written consent.
3.2
Hosting of workshops. Our workshops are hosted online and in stores across the
UK. Store workshops are available at all of our Hobbycraft stores, so you can
enjoy crafting along at your local store. When necessary, social distancing
measures will be in place to keep you safe during your workshop and with each
workshop we consider the health & safety of our customers, but please see
clauses 8 and 9 below regarding our liability to you. A responsible parent or guardian
must accompany a child for our kids’ workshops. Online workshops can be enjoyed
from the comfort of your home. You will need a device that is compatible with
Zoom to access the live online workshop. Some of the online workshops available
include a craft kit so that you’ll have everything you need to craft along,
while others may not feature this. Details of whether a craft kit is included,
and what comes inside it, will be shown on the workshop listing page on the
Platform. It is your responsibility to ensure that you have all that you need
to carry out the workshop successfully.
3.3
How we will accept your booking. Our acceptance of your booking of a workshop will take
place when you receive an email generated by the Platform acknowledging payment
and confirmation of your booking, at which point a contract will come into
existence between you and us. You will usually receive your confirmation email within 24 hours of
booking to the email address provided when you placed your booking via the
Platform. If you have not received your confirmation email within 24 hours of
booking, please check your spam or junk email folder or filter and then contact
us. It is your responsibility to ensure that your email is set up to allow you
to receive our confirmation email. If you are attending a workshop in store, please
note that our workshops are ticketless and your name and confirmation email
will act as proof of purchase. Upon
receipt of your booking confirmation, please check the details carefully and
contact us if you have any queries.
3.4
If we cannot accept your booking. If we are unable to accept your booking, we will inform
you of this in writing and will not charge you for your booking. This might be
because the workshop you are attempting to book is already fully subscribed, or
because of unexpected limits on our resources which we could not reasonably
plan for, or because we have identified an error in the price or description of
the workshop. Please note that all workshops available on the Platform are
subject to availability.
3.5
Requesting changes.
All bookings for attendance at our workshops are non-transferable and may not
be sold or transferred by you without our consent. Please contact us if you
would like to discuss any changes to your purchase and we will let you know if
the change is possible. If it is possible, we will let you know about any
changes to the price of your booking or anything else which would be necessary
as a result of your requested change and ask you to confirm whether you wish to
go ahead with the change. Please see clause 6 below in relation to your rights
to cancel or reschedule your booking.
3.6
Customer reviews. Please
see ClassBento's terms and conditions regarding the submission and publication
of any reviews in respect of our workshops (and related activities). Hobbycraft
does not typically review, approve or edit such reviews and, therefore, we
cannot vouch for their completeness or accuracy.
3.7
Delivery of craft kits. Some of our workshops have a craft kit included in the
price of the workshop. In the event that your craft kit has not arrived, has
arrived with damaged or missing items, or you think you’ve been sent an
incorrect craft kit, please contact our customer services team as soon as
possible (and at least two days before the workshop). As the items in the craft
kit will have been chosen specifically for the workshop, they cannot be
exchanged (to the extent that they are not incorrect or faulty), but please
feel free to purchase alternatives separately if you wish. You acknowledge that
we are not responsible for any delay in the delivery of your craft kit caused
by your failure to be at the delivery address upon arrival. It is your
responsibility to inform the designated courier company (details of which will
be made known to you) if you wish your craft kit to be left in a safe place or
with a neighbour if you will not be in.
4.
Attendance at workshops
4.1
Age Restrictions.
Certain of our workshops are subject to age restrictions – please see the
Platform for further details or contact our customer services team using the contact details set out
in clause 2.2 above. Any attendee
under 18 years of age must have the explicit permission of his/her parent or
guardian before attending any workshop arranged and/or delivered by Hobbycraft.
4.2
Arrival. Please ensure that you arrive on time for
your workshop. For in store workshops, you acknowledge that we may be required
to carry out security searches of attendees in certain circumstances and your
admittance will be conditional on your co-operation with security staff.
4.3
Conduct. We
reserve the right to refuse admission to any workshop or to
ask any attendee to leave a workshop if we think they are behaving in a disruptive manner, in a way
that violates our store rules or Platform terms and conditions, or in a way
that is likely to cause damage, nuisance, offence or injury. You also agree not
to bring any illegal or hazardous items with you to any in store workshop and
agree to comply with any reasonable request made by our staff (for example,
requests relating to health and safety, including social distancing measures). In
the event that you or any accompanying attendee is refused admission or removed
from a workshop in the circumstances envisaged by this clause 4.3, we will not
be required to issue any refund to you or the attendee.
4.4
Safety and Participation. You acknowledge that the chosen workshop may be hazardous
with a danger of personal injury. Whilst Hobbycraft will use all reasonable endeavours to
ensure the safety of attendees at its workshops, you accept that you will be
responsible for your own actions and those of your group while attending any of
our workshop.
4.5
Recordings of workshops. Where we have obtained your consent to do so, we
may sometimes film, photograph or otherwise record our workshops and make these
images /recordings available to the public via our website or by other means.
5.1
Whilst the structure of our workshops is
correct at the time of publication, you acknowledge that it may be necessary
for us to change the format, content, venue and/or timing of any workshop (or related
activity) in certain circumstances (for example where the number of attendees
at a workshop has failed to reach a workable minimum for the workshop as
envisaged or if our teacher is unable to run the class as planned. We will
endeavour to notify you of any changes in advance of the workshop but you
acknowledge that this may not be possible if changes are required to be made at
short notice immediately prior to the workshop. We will
take steps to minimise the effect of any change.
5.2
We may also make changes to any workshop
to reflect changes in relevant laws and regulatory requirements or to implement
minor technical adjustments and improvements (for example, to address a
security threat).
5.3
In circumstances where we deem a change to
be significant (in our reasonable opinion), we may give you the option to either:
(i) cancel your booking before the workshop in return for a full refund; or (ii)
attend an alternative workshop. We will not be obliged to compensate you for
any other expenses that you may have occurred in connection with the workshop.
5.4
We reserve the right to cancel a workshop
for any reason outside our control, including where the number of attendees at a
workshop has failed to reach a workable minimum for the commencement of the
workshop. In such circumstances, you will be entitled to either: (i) cancel
your booking and receive a full refund; or (ii) attend an alternative workshop.
We will not be obliged to compensate you for any other expenses that you may
have occurred in connection with the workshop.
6.2
You may also cancel or reschedule your
booking as follows:
(a)
in-store & online workshops with craft
kits can be cancelled (in return for a refund)
or rescheduled (free of charge) up to seven days prior to the date of the
workshop, but please note that any refund may be subject to deductions in
accordance with clause 6.5 below; and
(b)
online workshops with no craft kits can be cancelled (in return for a full refund) up to one
day prior to the workshop or rescheduled (free of charge) up to one hour before
the workshop.
6.3
If you cancel your booking other than as
prescribed in clauses 5.3, 6.1 or 6.2, your booking will be non-refundable (unless
otherwise agreed by Hobbycraft in its absolute discretion).
6.4
The easiest way to cancel or reschedule your
booking is to use the relevant link in your booking confirmation email (to view
your booking details and your options to cancel or reschedule your booking) or
contact our customer services team using the contact details set out in clause
2.2 above. Alternatively, for any cancellation under clause 6.1, you may
complete and return to us the model cancellation form set out at the end of
these terms. We will confirm receipt of your cancellation notice.
6.5
If your booking requires us to send you a
craft kit which has already been despatched to you by the time we are notified
of your cancellation, we request that you return the craft kit to us in
accordance with our returns policy which is we will be entitled (at our
discretion) to deduct the following amounts from any refund payable to you:
(a)
any delivery costs we incur in excess of
the costs of the least expensive delivery method we offer (if you requested
your craft kit to be delivered by an enhanced delivery method) and any costs we
incur in arranging for the return of the craft kit to us in accordance with this
policy.
(b)
an amount (excluding delivery and return costs)
to reflect any reduction in the value of the craft kit caused by your handling
of it beyond what is necessary for you to establish its nature, characteristics
and functioning.
6.6
Any refunds payable to you in accordance
with these terms will be processed in accordance with ClassBento's terms and
conditions.
7.1
Prices for our workshops. The price of the workshop will be the price indicated on
the relevant Platform page when you placed your booking and includes the
delivery of any craft kit (if applicable and where stated). All prices are
inclusive of VAT. Please see clause 7.2 for what happens if we discover an
error in the price of the workshop you have booked.
7.2
What happens if the specified price is wrong. It is always possible that, despite our
best efforts, some of the prices specified on the Platform to apply to a booking
for attendance at a workshop may be incorrect. We will normally check prices
before accepting your booking so that, where the booking's correct price is
less than our stated price when making your booking, we will charge the lower
amount. If the booking's correct price is higher than the price stated to you,
we will contact you for your instructions before we accept your booking. If we
accept and process your booking where a pricing error is obvious and
unmistakeable and could reasonably have been recognised by you as a mispricing,
we may end the contract and refund you any sums you have paid.
7.3
When you must pay and how you must pay. Payment will be taken via the Platform upon
acceptance of your booking in accordance with clause 3.3. Your payment will
appear as "ClassBento" (or similar) on your bank statement. Please
see the relevant Platform pages and ClassBento's terms and conditions for
further information regarding payment.
8.1
We are responsible to you for foreseeable loss and damage
caused by us. If we fail to comply with these terms, we
are responsible for loss or damage you suffer that is a foreseeable result of
our breaking this contract or our failing to use reasonable care and skill, but
we are not responsible for any loss or damage that is not foreseeable. Loss or
damage is foreseeable if either it is obvious that it will happen or if, at the
time the contract was made, both we and you knew it might happen, for example,
if you discussed it with us during the sales process. Without prejudice to the
foregoing, you acknowledge that we will not be responsible in respect of any
loss of or damage to personal property.
8.2
We do not exclude or limit in any way our liability to you
where it would be unlawful to do so. This
includes liability for death or personal injury caused by our negligence or the
negligence of our employees, agents or subcontractors; for fraud or fraudulent
misrepresentation; or for breach of your legal rights in relation to your booking
(including the right to receive services which are as described and match
information we provided to you and which are supplied with reasonable skill and
care).
8.3
We are not liable for business losses. If you are a consumer, your attendance at
any workshop will be in your private capacity. If your attendance at any workshop
is in any commercial or business capacity, our liability to you will be limited
as set out in clause 9.
(a)
death or personal injury caused by our
negligence, or the negligence of our employees, agents or subcontractors (as
applicable);
(b)
fraud or fraudulent misrepresentation;
(c)
breach of section 2 of the Supply of Goods
and Services Act 1982; or
(d)
any matter in respect of which it would be
unlawful for us to exclude or restrict liability.
9.2
Subject to clause 9.1:
(a)
we shall not be liable to you, whether in
contract, tort (including negligence), breach of statutory duty, or otherwise,
for any loss of profit, or any indirect or consequential loss arising under or
in connection with any contract between us; and
(b)
our total liability to you for all other
losses arising under or in connection with any contract between us, whether in
contract, tort (including negligence), breach of statutory duty, or otherwise,
shall be limited to the total sums paid by you for attendance at the workshop
under such contract.
10.1
We are committed to protecting and
respecting your privacy.
10.2
When you place an order via the Platform,
ClassBento will collect certain personal data from you such as your name, email
address, mobile phone number and payment details. In addition, when you make a
booking that requires us to send you a craft kit, ClassBento will ask you to
provide your address.
10.3
This information will be used by
ClassBento to process the booking you have made. For more information about how
ClassBento will handle your personal data, please see the ClassBento privacy
policy which can be found at https://classbento.co.uk/terms-and-conditions.
10.4
ClassBento will also pass certain of your
personal data (e.g. name and contact details) to Hobbycraft to enable us to
register you for the relevant workshop and so we have a list of attendees. We
will use your personal data to provide the workshop to you and, where you have
made a booking that requires us to send you a craft kit, to send the craft kit
to you.
10.5
Please note that where you have made a
booking that requires us to send you a craft kit, we will share your contact
details with the designated courier company to enable them to deliver the craft
kit to you on our behalf.
10.6
For more information about how Hobbycraft
will process your personal data, please see the Hobbycraft privacy policy which
can be found at https://www.hobbycraft.co.uk/privacy-policy.
11.1
Ability to transfer rights and obligations. We may transfer our rights and
obligations under these terms to another organisation. If you are a consumer, we
will always tell you in writing if this happens and we will ensure that the
transfer will not affect your rights under the contract. You
may only transfer your rights or your obligations under these terms to another
person if we agree to this in writing.
11.2
No third party rights. This contract is between you and us. No other person shall
have any rights to enforce any of its terms.
11.3
If a court finds part of this contract illegal or
unenforceable, the rest will continue in force. 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.
11.4
No waiver for delay in enforcing terms. If we do not insist immediately that you
do anything you are required to do under these terms, or if we delay in taking
steps against you in respect of your breaking this contract, that will not mean
that you do not have to do those things and it will not prevent us taking steps
against you at a later date.
11.5
Governing law and jurisdiction if you are a business customer.
If you are a business, any dispute or
claim arising out of or in connection with a contract between us or its subject
matter or formation (including non-contractual disputes or claims) shall be
governed by and construed in accordance with the law of England and Wales and
the courts of England and Wales shall have exclusive jurisdiction to settle any
such dispute or claim.
11.6
Governing law and jurisdiction if you are a consumer. If you are a consumer, these terms are
governed by English law and you can bring legal proceedings in respect of your booking
in the English courts. If you live in Scotland, you can bring legal proceedings
in respect of your booking in either the Scottish or the English courts. If you
live in Northern Ireland you can bring legal proceedings in respect of your booking
in either the Northern Irish or the English courts.
Model Cancellation Form for Consumers
(Complete and return this form only if you wish to
withdraw from the contract)
To: Hobbycraft Trading Limited
(company number 00806269), 7 Enterprise Way, Christchurch, Dorset BH23 6HG
Telephone:
0330 026 1400
Email: [email protected]
I hereby give notice that I cancel my contract for the following
booking:
Date of Booking: [insert date of booking]
Customer name: [insert customer name]
Customer address: [insert customer address]
Booking Number (optional): [insert booking number]
Booking Description (optional): [insert description
of booking]
Customer signature (only if this form is notified on
paper): ________________________
Date:
[insert date]
