Terms & Conditions
These Terms and Conditions apply in the circumstances outlined below.
1 – Use of Websites/Facebook page
a) The word ‘websites’ used hereafter includes reference to the lilycupcake.co.uk website and also our facebook page, flickr account and any other internet material posted or maintained by Lily Cupcake.
b) Your use of any information or materials on the Websites is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through the Websites meet your specific requirements.
c) The Websites contain material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
d) Unauthorised use of the Websites may give rise to a claim for damages and/or be a criminal offence.
e) From time to time the Websites may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse such website(s) and you acknowledge that we are not responsible for the content of the linked website(s).
f) You may not create a link to the Websites from another website or document without our prior written consent.
2 – Class Bookings
Your purchase from us of a taught class (“Class”) or a voucher for one or more Classes (“Voucher”) is subject to the terms set out in this Section 2, “Class Bookings”. Section 3, “General Terms”, also applies to you and contains terms generally applicable to our relationship with you.
Making a Booking
a) You can make a booking (“Booking”) for a Class over the phone, by email or in person.
b) If you have any questions before or after you make a Booking or if you have a problem booking, please call us on 07548 885517 or email us at email@example.com.
c) A place is not secured on a class until a full payment has been made and you have received a confirmation by email from Lily Cupcake. You will receive a separate email confirming your payment via PayPal but this is NOT a confirmation of a class place. You should not make arrangements purely relying on this email. You should wait to receive a written email from Lily Cupcake confirming you have a place on the class.
d) If you make a booking and for whatever reason, no class place is available at the time you make your purchase, we will notify you and offer to transfer or refund your booking.
e) We cannot hold class places pending payment under any circumstances.
f) Refunds are not available once payment has been made for any reason. Please check carefully that you can make the dates before you book. This applies to any class booking, bulk booking, gift or any other method of booking.
g) All class bookings are bound by these terms and conditions whether made over the phone, via a PayPal request or in person. We refer you to the footer of every class page and the booking page which clearly states that by making a booking you are bound by the terms and conditions. We also notify you of this fact when you book in person.
a) Full details about the class, its location and any other information you may need will be sent to you by email once you have booked and paid for the class.
Booking for other people
a) You can book classes for yourself or for other people. If booking for someone else, please ensure you tell us of the name and email address of the person who will be attending. In default of this, all information will be sent to you rather than the attendee.
b) If we are not notified of the person attending the class, we reserve the right to refuse entry to a person who is not recorded as the attendee at or during the booking process.
c) We do not allow children under 16 to attend the class alone (with the exception of special children’s classes). A child under 16 can attend with an adult accompanying them who would also have to purchase a place on the class.
d) Once you have purchased a class, this class cannot be resold by you under any circumstances. The attendee must be the person notified to us at the time of booking and held on our records. If you buy a place as a gift for someone else, please notify us at the time of booking.
Cancellations, moving places and refunds
a) Once a class has been booked and paid for, the contract is not cancellable by the Customer. We are unable to offer any refunds for any reason if you are unable to attend. This includes if you cancel a place at any time for any reason or if you make a mistake in booking.
b) Due to the popularity of classes, we can rarely move your place on a class to another date after you have booked so please ensure you can attend that date. If it is possible to move your date then doing so is entirely at our discretion.
c) Lily Cupcake strongly advise that students arrange insurance to cover unforeseen events which may prevent them from attending their class and seek to cover any class cost or any travel and accommodation costs that have been incurred. Students are advised to research companies who provide insurance to cover the position if you cancel your place. For example, www.cancelsure-insurance.co.uk. We do not recommend Cancelsure as a provider for you and you must make your own decision as to which insurance company to use.
d) Taking out insurance is particularly important during the winter months when the likelihood of unfavourable weather and associated travel disruption is higher.
e) In the unlikely event that we have to cancel your place on a class, we will offer an alternative date(s) to you and if no alternative date is made available by us, we will provide you with a full refund of the cost of your class. Our liability is limited to the cost of the class place only. By purchasing a class, you accept that our liability is limited to the cost of the class place. To the maximum extent permissible in law, Lily Cupcake excludes all liability to any loss or consequential loss however incurred by the Customer, arising from any omission or failure by Lily Cupcake, any owner, employee or contractor in connection with the contract.
f) You accept that you cannot make a claim for costs of other arrangements you may have made in order to attend a class whatever they may be. For the avoidance of doubt, this includes costs of transportation, accommodation or anything else.
g) In the event a class is cancelled by us due to bad weather such as snow, we will use best endeavours to reschedule your class place to another date and/or offer you a voucher so you can rebook for a date of your choice in the future.
h) In exceptional circumstances, if we have to cancel your class place for any reason which we consider appropriate (at our sole discretion), we will offer you a transfer to another class date.
If you arrive more than 1 hour late for your class, you will be unable to join the class as you will be too far behind to catch up and it would be unfair on other class participants. In such circumstances we cannot move your place to an alternative date. You would therefore lose your booking. Please ensure you leave plenty of time when planning your journey.
a) Lily Cupcake sells Gift Vouchers which can be redeemed against the price of a Class.
b) Vouchers are sold in GBP sterling.
c) A voucher cannot be exchanged for money so you need to either use the full value of your voucher when purchasing or accept a partial voucher if you do not wish to use the full voucher.
d) Should you wish to redeem a voucher during a period when we are running a special offer on class places, the special offer will not apply to the voucher purchased. Any special offers are for classes “purchased within an offer period” and the redemption of a voucher purchased before an offer period started do not benefit from the offer price. This is because the voucher was not “purchased within the offer period” merely redeemed within an offer period. Should you redeem a voucher in an offer period, you will not benefit from any special offer price. In appropriate circumstances, we will use our discretion to permit usage of vouchers within sale periods and allow you to keep a credit to use in the future.
e) The expiration date of a voucher is written on the face of the voucher. If the voucher is unused by the expiration date (which is also printed as 6 months from the date of purchase) it is invalid.
e) Standard vouchers are valid for 6 months. The term cannot be extended.
f) No usage is permitted if the voucher has expired for any reason.
g) When you purchase a Voucher, we will send an E voucher unless you request a hard copy in the mail.
h) If you wish for the voucher to be posted to the recipient, it is your responsibility to inform us of the recipient’s full name and address at the time of purchasing the voucher. You can do this either in the “notes to seller” when you make payment or by sending us an email.
i) Full details of how to redeem a voucher are included with the Gift Voucher.
j) The copy and design of the gift vouchers belong to Lily Cupcake and any attempt to copy the gift voucher or the text there to create a gift voucher which is substantially the same will be treated as theft of copyright and action will be taken accordingly.
Course Content when attending Classes
We reserve the right to change the class content at any time.
All information given in courses is based on our opinion only and should not be taken as advice in any sense at all. Our opinion is nothing more than an opinion.
Designs learnt in the Classes
You will be taught many different designs during Lily Cupcake Classes. All these designs and the methods for making the designs on the cakes that you are taught belong to Lily Cupcake and/or have been licenced to Lily Cupcake. By purchasing a class place, you are free to copy all of these designs for the purpose of your own cake making.
If you run Classes or intend to run Classes, you are strictly prohibited from using the designs you learn in our classes to advertise or run a class which is substantially the same. It is our intention to teach you skills which will enable you to come up with your own class designs thus offering the market place something original to you. If you run classes or intend to run classes in the future, you may not use lesson plans, class format, structures, photographs, teaching techniques, pre class information, notes or wording from the Lily Cupcake Classes or website for your own classes or the promotion of your own classes.
3 – General Terms
This Section 3 applies to you if either of the above sections applies to you.
We occasionally run special offers on the Websites, social media pages or elsewhere. Such offers can be removed at any time without prior notice. When making a payment using a special offer or otherwise taking advantage of a special offer, you are bound by these terms and conditions in the same way as if you had booked online.
Only one special offer can be used against a booking. Special offers cannot be combined or used in conjunction with other special offers.
Offers do not apply to corporate group bookings where separate price lists are available by negotiation.
All special offers can be withdrawn at any time.
Credit cards and online payments
We do not store any credit/debit card numbers. These are only used to process payments and are not retained for any other purpose. The information may be disclosed only to our staff and to third parties involved in the completion of any transaction or the delivery of orders placed.
ALL content on the Websites, www.facebook.com/weddingcupcakes (“Facebook”), Twitter, Flickr, other online page or presence, book and any other area whatsoever which we uses for any reason is the intellectual property of Lily Cupcake. It is forbidden to use any photo, copy, text or other material from the Websites for any reason. Downloading of any images, text, videos, online tutorials, face packs or any material is strictly prohibited. Should these terms and conditions be breached, we reserve the right to take immediate legal action against you. If such action is in a small claims court, you expressly agree to pay our legal expenses if we succeed in any action.
In particular, we retain all Intellectual Property Rights in the Websites and our Marks, and nothing shall be construed as granting any rights to you or any other person in respect of such Intellectual Property Rights. Title to and ownership of all Intellectual Property Rights embodied by or otherwise incorporated into the content of the Websites (including the Tutorial Content) shall remain with us. Except as expressly provided in these Terms and Conditions, nothing shall be construed to grant to you any right, title or interest in or to such content.
“Intellectual Property Rights” means all intellectual property rights wherever in the world arising, whether registered or unregistered (and including any application), including copyright, know-how, confidential information, trade secrets, business names and domain names, Marks, patents, petty patents, utility models, design rights, semi-conductor topography rights, database rights and all rights in the nature of unfair competition rights, rights to sue for passing off or privacy right.
“Marks” means any and all trademarks, trade names, service marks, trade dress, logos, URLs or identifying slogans of Lily Cupcake, whether or not registered.
Limitation of liability
You agree that the use of the Websites is at your sole risk and we disclaim all warranties in connection with them. We make no warranties about the accuracy or completeness of the content of the Websites or the content of any sites linked to the Websites. The content of the Websites is constantly being updated so we cannot guarantee all features will be available on any particular date.
We assume no responsibility for any errors, mistakes or inaccuracies in content on the Websites. We do not accept responsibility for any unauthorised access to or use of our servers and all personal information stored therein. We do not accept responsibility for any interruption or cessation of transmission of our services or any bugs or viruses which may have been transmitted through the Websites or our systems (including but not limited to email systems) by third parties.
In no event shall we or any of our officers, directors, employees or agents be liable for any direct, indirect, incidental, special, punitive or consequential damages whatsoever.
You are responsible for all computer, telephone and other equipment and services necessary to access the Websites. You are also responsible for any access charges incurred including, but not limited to, those charged for on-line services by telephone companies and Internet service providers.
Your indemnity to us
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless us, our officers, directors, employees, agents and customers, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Websites and our services; (ii) your violation of any of these Terms and Conditions; (iii) your violation of any third party right, including without limitation any Intellectual Property Right; or (iv) any claim that you caused damage to a third party. This defence and indemnification obligation will survive the termination of any arrangements between us or the application of these Terms and Conditions to you.
We shall not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms and conditions that is caused by events outside our reasonable control (“Force Majeure Event”).
A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and you agree that the following shall all be Force Majeure Events:
(i) extreme weather conditions preventing Classes taking place, or the Websites not working for any reason including, but not limited to snow, rain, storm, fire or floods or any natural disaster whatever;
(ii) impossibility or difficulties with the use of any relevant means of public or private transport for any reason;
(iii) impossibility or difficulties with the use of public or private telecommunications networks including the internet for any access of any part of the website;
(iv) inability to receive materials ordered due to a third party supplier failure which was beyond our control;
(v) civil unrest, riots, strikes, transport delays and anything connected with such events;
(vi) the failure of any computer or telecommunications system or hardware or software of any description.
Our obligations under these Terms and Conditions are suspended for the period that the Force Majeure Event continues, and we will have an extension of time to perform these obligations for the duration of that period.
In all cases, we will take reasonable steps to bring the Force Majeure Event to a close or to find a reasonable solution by which our obligations under these Terms and Conditions can be performed despite the Force Majeure Event. If this is not possible, we will discuss with you how best to address this.
Amendments to Terms and Conditions
We reserve the right to unilaterally amend these terms and conditions at any time and for any reason at our sole discretion. Publishing the new version of the terms and conditions will suffice to give you notice.
Governing Law and Jurisdiction
All bookings, purchases, subscriptions and any other matter connected with Lily Cupcake is subject to the laws and jurisdiction of Northern Ireland.
If you experience any queries or problems please contact us on firstname.lastname@example.org. During office hours support may be contacted via the contact number found on the website.
- All personal details supplied by you to us are kept confidential.
- We may list some of our former students on our Websites. We do not mention the name of former students (natural persons) on our Websites unless otherwise agreed but we expressly reserve the right to mention on our Website the company name and/or trading names and/or publically accessible names of former students’ businesses which are already in the public domain for marketing purposes or other reasons.
- When you book a place or email us we will store your email on our Mailing List to keep you updated about offers. You can select to be removed from this Mailing List at any time.
- We do not record or store your financial details. If you provide us with your financial details for a specific transaction, we destroy those details once the transaction is complete.
- We will not sell, distribute or lease your personal information to third parties other than in the performance of any obligations we may have to you.
- We are entitled to use information about you for marketing purposes.