Terms and Conditions for supply of  Online Courses

by Julie Rogerson Limited

 

This page tells you the terms and conditions (Terms) on which we supply any of the courses (Courses) listed on our website julierogerson.com (our site) to you.  Please read these Terms carefully before ordering any Courses from our site.

You should print a copy of these terms and conditions for your future reference.

By placing an order on our site, you agree to these Terms and that these Terms take precedence over any other terms and conditions including your own terms of business, any course of dealing or any industry practice.

1.                Information about us

Julierogerson.com is a site operated by Julie Rogerson Limited (“we” or “us”). Our registered address is Office F1, Beverley Enterprise Centre, Beck View Road, Beverley, East Yorkshire HU17 0JT and our email address is support@julierogerson.com

2.                Your status

By placing an order through our site, you warrant and confirm that:

(a)          You are legally capable of entering into binding contracts;

(b)         You are at least 18 years old;

3.                How the contract is formed between you and us

3.1             After placing an order, you will receive an e-mail from us acknowledging that we have received your order.  Please note that this does not mean that your order has been accepted.  Your order is an offer to us to buy a Course.  All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Course is available for access or download (the Download Confirmation).  The contract between us (Contract) will only be formed when we send you the Download Confirmation.

3.2             The Contract will relate only to those Courses whose access or download we have confirmed in the Download Confirmation.  We will not be obliged to supply any other Courses that may have been part of your order until the access or download of such Course has been confirmed in a separate Download Confirmation.

3.3             If you are purchasing a Course as a consumer (as defined in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013) – namely you are buying the membership as an individual acting for purposes which are wholly or mainly outside of your trade, business, craft or profession, the following shall apply:

(a)          you have the right to cancel this agreement within 14 days of the date of this agreement by emailing us at support@julierogerson.com or by using the form of cancellation annexed to this agreement at Annex 1. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. If you cancel this agreement, we will reimburse to you all payments received from you in relation to the agreement within 14 days after the date on which we were informed about your decision to cancel this Contract; and

(b)         notwithstanding paragraph 3.3(a) above, you agree that we may begin the supply of digital content not on a tangible medium before the end of the cancellation period set out in paragraph 3.3(a) above and you acknowledge that you will lose your cancellation rights in relation to such digital content; and

(c)          in relation to the provision of any additional services under this Contract:

(i)          you hereby request immediate performance of the Contract and acknowledge that you will lose your right of withdrawal from the Contract once the service contract is fully performed; and

(ii)         if you cancel the Contract before the services have been fully performed, you agree that you will pay for the supply of the service for the period for which they are supplied. The amount payable will be in proportion to what has been supplied, in comparison with the full coverage of the Contract.

4.                Availability

4. 1     Your order will be fulfilled automatically on your receipt of the Download Confirmation but in the event that our automated systems do not work immediately, please contact support@julierogerson.com to advise us that the Course has not been made available for access or download. As our systems are automated, we shall not be liable for any delay in the access to or download of any Course.

5.                Title and Intellectual Property

5.1             You will only be entitled to use the Course when we receive full payment of all sums due in respect of the Course.

5.2             As between us and you, all Intellectual Property Rights and all other rights in any Course shall be owned by us. We license all such rights to you on a non-exclusive basis only to such extent as is necessary to enable you to make reasonable use of the Course.

5.3             We shall enforce our Intellectual Property Rights in the Course to the fullest extent possible by law and DISTRIBUTING (WHETHER FOR PAYMENT OR OTHERWISE), PUBLISHING, SELLIING OR DISCLOSING A COURSE IS STRICTLY PROHIBITED.

5.4             You may not without our prior written consent make any audio or visual recordings of any part of the course.

5.5             The materials we deliver as part of the course do not in any way constitute advice or recommendations. We are providing training and guidance only. We are not able to advise you on your individual circumstances and shall not be liable for any reliance placed by you on the materials within the course.

5.6             We will endeavour to ensure that all information that we provide within the course is accurate and up-to-date but we shall not be liable for any claims arising from such information being inaccurate or not up-to-date or otherwise.

6.                Price and payment

6.1             The price of any Course will be as quoted on our site from time to time, except in cases of obvious error.

6.2             These prices include VAT except where expressly stated otherwise.

6.3             Where your order includes ongoing access to the course materials (for the period stated on the order form), your access shall expire (and the Contract shall terminate) on the date falling on the expiry of such stated period. If you wish to continue to have access to the course materials, you must renew your membership in the manner advised on our site.

6.4             Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Download Confirmation.

6.5             Payment for all Courses must be by such method of payment as is specified on our website. If you choose to pay by PayPal, you must have a valid PayPal account in order to purchase a Course.

7.                Refunds

7.1             As you are able to download, make use of and copy the Course immediately, we will only offer refunds in limited circumstances at our discretion.

7.2             We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

8.                Our liability

8.1             Our Courses are provided on an “as is” basis without any representations or endorsements made and without any warranty of any kind whether express or implied, other than where you are purchasing our Courses as a consumer in which case the implied warranties of fitness for purpose, merchantability and accuracy shall apply.

8.2             Nothing in these terms attempt to exclude or limit any liability for death or personal injury caused by our negligence (or any other matter for which we are not able to limit or exclude our liability due to applicable law).

8.3             If, for any reason, we are liable for any damages, our total liability shall be limited to the amount of the Course purchased.

8.4             By purchasing a Course, you agree that in no circumstance shall we be liable for any indirect, incidental, special or consequential damages, including, but not limited to:

(a)          loss of income or revenue

(b)         loss of business

(c)          loss of profits or contracts

(d)         loss of anticipated savings

(e)          loss of data

(f)          loss of data, or

(g)         waste of management or office time

however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable arising out of or in any way connected with the use of a Course, under any law or on any basis whatsoever whether contractual or otherwise.

9.                Written communications

You agree that our communication with you will be mainly electronic and via email.  We may however also provide you with information by posting notices on our site. You agree that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.  This condition does not affect your statutory rights.

10.             Notices

All notices given by you to us must be given to Julie Rogerson Limited at 3 Nicholson Close, Beverley, East Yorkshire, HU17 0HW. We may give notice to you at the e-mail address you provide to us when placing an order.  Notice will be deemed received and properly served 24 hours after an e-mail is sent, or three days after the date of posting of any letter.  In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

11.             Transfer of rights and obligations

11.1           You may not transfer, assign or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

11.2           We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

12.             Events outside our control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control.

13.             Waiver

13.1           If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

13.2           A waiver by us of any default shall not constitute a waiver of any subsequent default.

13.3           No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 13 above.

14.             Severability

If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

15.             Entire agreement

15.1           These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

15.2           We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.

15.3           Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.

16.             Our right to vary these terms and conditions

16.1           We have the right to revise and amend these terms and conditions from time to time.

16.2           You will be subject to the policies and terms and conditions in force at the time that you order Courses from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Download Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Course).

17.             Law and jurisdiction

Contracts for the purchase of Courses through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law.  Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of England and Wales.

 

ANNEX 1

MODEL CANCELLATION FORM

To Julie Rogerson Limited, 3 Nicholson Close, Beverley, HU17 0HW

email: support@julierogerson.com

PLEASE NOTE THIS FORM ONLY APPLIES IF YOU ARE PURCHASING A COURSE IN YOUR CAPACITY AS A CONSUMER

I/we* hereby give notice that I/we* cancel my/our* contract of sale for the supply of the following services:

………………………………………………………………………………………………………………………………………

Ordered on ………………………………………………………………………………………………………

Name of consumer ………………………………………………………………………………………………………

Address of consumer ………………………………………………………………………………………………………

Signature of consumer ………………………………………………………………………………………………………

Date ………………………………………………………………………………………………………

[* delete as appropriate]

Terms and Conditions for Cake Modelling with Confidence Course

by Julie Rogerson Limited

  1.  Summary of key terms

Contents of Programme See Schedule below
Total payment due if paid in full on registration

£333

 

Total payment due if paid in instalments

£342 (for 3 instalments)

£360 (for 6 instalments)

Instalments

Initial payment of £114, then 2 further instalments of £114 to be paid on the date falling one calendar month after the date of registration and monthly thereafter until all instalment payments made.

Or

Initial payment of £60, then 5 further instalments of £60 to be paid on the date falling one calendar month after the date of registration and monthly thereafter until all instalment payments made.

Cancellation If you are purchasing as a consumer (please see paragraph 6.5 below) you may cancel the Contract within 14 days of the date of your registration.
Guarantee You may request a full refund up to the date falling 14 days after the date of purchasing the programme.

 

  1.  Application of terms and conditions

    • These terms and conditions (“Terms”) apply to the Cake Decorating with Confidence coaching Programme (“Programme”) operated by Julie Rogerson Limited (“we” or “us”). By registering to be a participant in our Programme, you agree to the following Terms and that these prevail over any inconsistent terms or conditions contained, or referred to, elsewhere or as implied by law, trade custom, practice or course of dealing.
    • The agreement is between us and you, the person or entity registering to be a participant in the Programme (“you”) and which is subject to these Terms (“Contract”), shall come into effect upon us emailing you to confirm our acceptance of your registration form for the Programme and shall continue until terminated in accordance with these Terms.
    • If you are purchasing online, the order process will be as follows:
      • add the Programme to the cart and proceed to the checkout and make payment as directed;
      • if you are paying by PayPal, you will be re-directed to the PayPal website for you to make payment and then once payment is made, you will be re-directed back to our site;
      • we will send you an email acknowledging your order and confirming whether we have accepted your order.
      • If at any stage you have made an error in your order, you may email us at support@julierogerson.com to correct any errors.
    • If you are purchasing online, you should print a copy of these Terms for your records as we will not be filing a copy and we may change these Terms from time to time.
    • These Terms should be read in conjunction with our Website Terms of Use, Privacy Policy and Acceptable Use Policy (all of which can be found on our website https://julierogerson.com (“site”)).
    • Any content posted or submitted by you to our site or in our forum or any contribution on group sessions in the course of the Programme is subject at all times to the Acceptable Use Policy.
    • Where you are a corporate entity, “you” as used in these Terms shall be deemed to include your officers and employees and you shall procure that such officers and employees fully comply with these Terms.
  2.  Programme

    • The Programme shall be provided over the course of 6 weeks and shall be delivered by a combination of pre-recorded online videos and weekly live group Q&A Zoom as detailed in the schedule below. You will retain access to the online videos and recordings of the live group sessions after the Programme ends.
    • The date and time of all sessions are as set out on the site or as otherwise communicated to you, but are subject to change. We will provide you with as much notice of any change as is possible but we shall not be liable to you in any way for any change to such dates or times. Please check our Facebook Group regularly for updates on changes to dates and times.

Group Sessions

  • Group sessions shall start and end at the scheduled times regardless of the time that you join the session. If you are late for a group session, the session will not be extended and we shall not be obliged to refund you any amounts in relation to such session.

Online Sessions

  • The online sessions of the Programme are held on third party secure servers and we have taken all reasonable steps to ensure that the online content will be available at all times during the course of the Programme but in the event that such content (or any content added by you or other participants in the Programme) is not available in whole or in part at any time, or becomes corrupted, is deleted or is failed to be stored, we shall have no liability in any circumstances.
  • You agree to keep user details and your password for the site confidential at all times and to not disclose them to any third party. You must notify us immediately if you become aware of any unauthorized use of your account and you shall indemnify us against all claims, damages, losses, costs or expenses (including professional fees) and any other liability which arises from any unauthorized use of your account.
  1.  Payment

    • The total price payable for the Programme is as set out in the summary of key terms above.
    • You may choose to pay by instalments or in one amount and the total price payable shall depend upon which option you have chosen and shall be as set out in the summary of key terms.
    • If you choose to pay in instalments, the first payment set out in the summary of key terms is payable on registration for the Programme. You will then be charged for the further instalments for the amount set out in the summary of key terms on the same date as the date of registration for each subsequent calendar month until the total price payable has been paid. If we send you invoices, these must be paid within 7 days of the date of the invoice. For the avoidance of doubt, even if you do not continue to participate in the Programme, such instalments remain payable.
    • If you are paying instalments online through Stripe, Paypal or a similar online payment method, you agree that we can take such further instalments automatically when due and without any further consent from you.
    • Payment is to be made by any method that is detailed on our site from time to time.
    • Without prejudice to any other right or remedy that we may have, if any sum payable under these terms is not paid within 7 days of the date due we reserve the right to (i) charge interest from the date due for payment to the actual date of payment at the rate of 4% above the base rate of HSBC PLC from time to time in force and/or (ii) suspend the availability of the Programme until such time as payment is made or the Contract is terminated.
    • The total price payable as set out in the summary of key terms is inclusive of Value Added Tax (and any other applicable taxes or duties) which shall be added at the applicable rate where necessary.
    • You shall be responsible for all travel, accommodation and other subsistence costs and all other expenses incurred by you in connection with your participation in the Programme.
    • All payments are non-refundable other than as set out in paragraph [5.5 and 7.2] below.
  2.  Our obligations

    • We warrant to you that the Programme and Programme materials purchased from us is of satisfactory quality and reasonably fit for the purpose for which the Programme is supplied.
    • Other than as set out in paragraph 5.1 above, all warranties and representations are excluded to the fullest extent permitted by law. Due to the nature of coaching and the fact that your success is dependent on a number of factors over which we have no control, we do not guarantee any particular results.
    • We will endeavour to ensure that all information that we provide is accurate and up-to-date but we shall not be liable for any claims arising from such information being inaccurate or not up-to-date or otherwise.
    • You acknowledge that in the course of the Programme you may have access to other Programme participants confidential information and you agree not to use or disclose to any third party such confidential information. This restriction does not apply to:

(a)          any use or disclosure authorised by you or required by law;

(b)          any use or disclosure which you consider necessary or advisable in order to prevent illegal acts or harm to others; or

(c)          any information which is already in, or comes into, the public domain otherwise than through your unauthorised disclosure.

  • If you are buying as a consumer (as defined in the Consumer Contracts (Information, Cancellaton and Additional Charges) Regulations 2013 – namely you are buying the Programme as an individual acting for purposes which are wholly or mainly outside of your trade, business, craft or profession, you may cancel the Contract within 14 days of the date of you registering for the Programme by emailing us at support@julierogerson.com stating your clear intention to cancel or by using the form of cancellation annexed to this agreement at Annex 1. If we receive such email within 14 days of the date of you registering for the Programme, we shall provide you with a full refund of the amount paid by you up to such date, within 14 days of the day on which we received your valid notice of cancellation and usually by the method originally used by you to pay for your purchase
  • You hereby request immediate performance of the Contract and acknowledge that you will lose your right of withdrawal from the Contract once the service contract is fully performed. If you cancel the Contract before the services have been fully performed, you agree that you will pay for the supply of the service for the period for which they are supplied. The amount payable will be in proportion to what has been supplied, in comparison with the full coverage of the Contract.
  • You agree that we may begin the supply of digital content not on a tangible medium before the end of the cancellation period set out in paragraph 5.5 above and you acknowledge that you will lose your cancellation rights in relation to such digital content.
  • You acknowledge that your personal data will be processed by and on behalf of us as part of us providing the Programme to you in accordance with our Privacy Notice that you can view at https://julierogerson.com/privacy-policy/
  1.  Intellectual Property

    • We are the owner or the licensee of all Intellectual Property Rights and all other rights in the Programme and all content within the Programme and nothing in these Terms or otherwise shall operate to transfer the ownership of the Intellectual Property Rights in the Programme or the content of the Programme to you or to any other person.
    • You may not at any time copy, reproduce, publish in any form, share, sell, dispose of or otherwise make available to a third party in any way any of the content or materials (or any of the ideas and concepts created by us and contained in the content or materials) contained in the Programme.
    • We grant to you a limited, non-exclusive, non-transferable, non-sub licensable revocable licence to use all or any of the content of the Programme for the purposes for which the Programme was provided only.
    • Except as set out in paragraph 6.3, you may not use any of our intellectual property rights at any time except where duly licensed. Use of our logo is strictly prohibited without our prior written consent.
    • You may not without our prior written consent make any audio or visual recordings of any part of our Programme.
    • We may from time to time record the Programme being delivered during your attendance.  You authorise us to use your image and voice in any such recordings without payment, other condition or need for further consent.
    • You are not permitted to sell or promote products or services to other participants in the Programme at or during any part of our Programme without our prior written permission.
    • The provisions of this paragraph 6 shall survive termination of the Contract.
  2. Term and termination

    • The Contract shall continue until the end of the Programme when the Contract shall expire other than for the Terms that are specifically stated to remain in force. For the avoidance of doubt, the license granted in paragraph 6.3 shall terminate automatically on termination or expiry of the Contract.
    • You may terminate the Contract at any time after the date falling 14 days from your date of registration for the Programme by emailing us at support@julierogerson.com and clearly stating your wish to terminate and explaining how the Programme has not enabled you to meet its stated objectives. If we agree (acting reasonably) that the Programme has not enabled you to meet its stated objectives as a result of the Programme (rather than as a result of your action or inaction or your personal attributes) we may provide you with a full refund of the amount paid by you up to that date for the Programme.
    • Notwithstanding the provisions of paragraph 7.1 or 7.2, either of us may terminate the Contract on written notice to the other with immediate effect if at any time:
      • The other commits any serious or repeated breach or non-observance of any of the provisions of these Terms; or
      • The other (i) makes a resolution for its winding up, (ii) makes an arrangement or composition with its creditors, (iii) makes an application to a court of competent jurisdiction for protection from its creditors, (iv) is unable to pay its debts, (v) ceases trading or an administration or winding-up order is made or an administrator or receiver is appointed in relation to such party, (vi) is declared bankrupt or (vii) is convicted of a custodial offence (other than a road traffic offence); or
      • The other party commits any fraud or dishonesty or acts in any manner which in the opinion of the terminating party brings or is likely to bring the terminating party into disrepute or is materially adverse to the interests of the terminating party.
    • We may terminate the Contract without any liability to make any refund to you if your continued participation in the Programme is in our opinion causing disruption to the running of the Programme or to other participants.
    • Where you have set up recurring payments, it is your responsibility to terminate these payments following termination of the Contract.
    • On or before the date of termination of the Contract, you shall immediately pay any unpaid fees or other sums payable under these Terms (which for the avoidance of doubt shall include any remaining instalments regardless of the point at which the Contract is terminated).
    • Termination of this agreement shall not affect the accrued rights, remedies, obligations and liabilities of either of us as at the date of termination of this Contract, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination.
    • Any delay by us in exercising our right to terminate the Contract shall not constitute a waiver of our right to terminate or to seek any other remedy.
    • Paragraphs which expressly or by implication have effect after termination of the Contract shall continue in full force and effect after the date of termination of the Contract.
    • This paragraph 7 shall survive termination of the Contract.
    • Where the Contract expires, this shall be treated as a termination for the purposes of paragraph 7.7 and all other paragraphs that refer to “termination”.
  3.  Liability

    • Nothing in this paragraph 8 shall limit our liability for death or personal injury caused by our negligence or for our fraud or fraudulent misrepresentation or for any matter for which liability cannot be legally excluded or limited.
    • We shall not be liable for any loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods, loss of contract, loss or corruption of data or information or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses suffered or incurred by the you as a result of you entering into the Contract and/or us providing the Programme.
    • Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of the Contract shall in all circumstances be limited to the price paid by you for the Programme.
    • Any claims to be brought under or arising out of the Contract must be brought within 6 months of the date of the event giving rise to the claim.
    • If we are prevented from or delayed in performing our obligations by your act or omission or by any circumstance outside of our control (including our illness or incapacity or that of any member of the team involved in providing the Programme), we shall not be liable to you for any costs, charges or losses sustained or incurred by you that arise directly or indirectly from such prevention or delay.
    • We may make changes (and shall not be liable for any additional costs incurred by you or for any other liability incurred by you as a result of changes) in (i) the Programme, (ii) any other content, (iii) the location of venues, (iv) the time and date of sessions or (v) the delivery mode of the sessions (for example changing an in person session to an online session) (vi) trainers, instructors or coaches.
    • The provisions of this paragraph 8 shall survive termination of the Contract.
    • You acknowledge and agree that:
      • The Contract constitutes the entire agreement and understanding between us and supersedes any previous arrangement, understanding or agreement between us relating to the provision of the Programme (which shall be deemed to have been terminated by mutual consent);
      • in entering into the Contract you have not relied on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to the Contract or not) relating to the provision of the Programme other than as expressly set out in the Contract.
  1.  General

    • By registering for our Programme you warrant that:
      • You are legally capable of entering into binding contracts; and
      • You are at least 18 years old; and
      • That all information you provide us with is materially true and accurate at all times and not misleading in any way.
    • You accept that communication with us will be mainly electronic.  We will contact you by e-mail or provide you with information by posting notices on our site.  You agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.  This condition does not affect your statutory rights.
    • We may vary these Terms (other than the price payable by you for the Programme) as we see fit from time to time and if we do, we shall notify you by email of the change of terms. Your continuation with the Programme will be deemed to be your acceptance of any new Terms. [Where there has been a material change to the Terms, if you do not wish to accept the new Terms and provide us with written notice of this, we will refund to you a pro rata amount of any sums paid by you for the Programme.]
    • The Contract is personal to you and you may not assign, transfer, charge, subcontract, sub-license or deal in any other manner with all or any of your rights under the Contract.
    • We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
    • If we fail to insist upon strict performance of any of your obligations under the Contract, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is in writing.
    • If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
    • A person who is not a party to the Contract shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.
    • The rights of the parties to terminate, rescind or agree any variation, waiver or settlement under the Contract are not subject to the consent of any person that is not a party to the Contract.
    • The Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law.
    • We each irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Contract or its subject matter or formation (including non-contractual disputes or claims).
    • Unless the context otherwise requires, a reference to one gender shall include a reference to the other gender.

 

ANNEX 1

MODEL CANCELLATION FORM

 

To Julie Rogerson Limited, 3 Nicholson Close, Beverley, East Yorkshire, HU17 0HW, England

Email: support@julierogerson.com

I/we* hereby give notice that I/we* cancel my/our* contract of sale for the supply of the following services:

………………………………………………………………………………………………………………………………………

Ordered on ………………………………………………………………………………………………………

Name of consumer ………………………………………………………………………………………………………

Address of consumer ………………………………………………………………………………………………………

Signature of consumer ………………………………………………………………………………………………………

Date ………………………………………………………………………………………………………

[* delete as appropriate]

 

 

SCHEDULE

DESCRIPTION OF THE PROGRAMME

 

Cake Modelling with Confidence is a 6-week online programme, consisting of the below modules, which will be released 1 module at a time, from the start date of the programme.

Module 1 (week 1) – Materials and Equipment

Module 2 (week 2) – Confidence and Mindset

Module 3 (week 3) – Modelling animals

Module 4 (week 4) – Time Management and Organisation

Module 5 (week 5) – Modelling figures (people)

Module 6 (week 6) – Creating your own cake topper designs

Each module is made up of pre-recorded videos, accessed via a secure online learning platform

Access to these online video tutorials will continue after the initial 6-week programme, to enable you to go back and watch whenever you wish.

 

In addition to the video tutorials, you will have access to downloadable PDF ‘step by step’ guides to use when making each of the cake topper models included in this programme.

 

You are also invited to take part in the 6 x live Zoom group Q&A sessions, which will run weekly during the course programme.

The timings will be decided at the beginning of the programme, and communicated to you electronically (as well as in the private FB group), together with the links you will need to join the Zoom meetings.

If you are unable to join live, you will be given access to the recordings of these sessions to watch afterwards.

These will be uploaded to the relevant modules on the course learning platform within 48 hours of the live sessions.

 

The pre-recorded video tutorials and the live group Q&A sessions will be delivered by Julie Rogerson.

Terms and Conditions for E-commerce supply by

Julie Rogerson Limited

 

1.                Introduction

Julierogerson.com (“site”) is owned and operated by Julie Rogerson Limited, a company registered in England and wales under company number 13991237 and with our registered office at Office F1, Beverley Enterprise Centre, Beck View Road, Beverley, East Yorkshire, HU17 0JT, England, business address at 3 Nicholson Close, Beverley, HU17 0HW, England.

 

Please read these terms and conditions carefully before placing an order. By purchasing products on this site, you agree to be bound by these terms and conditions. If you are not willing to be bound by these terms and conditions, please do not purchase products on this site.

2.                Changes to terms

We reserve the right, at our discretion, to modify, add, or remove any or all of these terms and conditions at any time and each such change shall be effective immediately upon posting.

Please check these terms and conditions periodically for changes.

Your continued use of this site and purchase of products on this site following the posting of changes to these terms and conditions will mean you accept those changes. Please check the terms before every purchase.

If the revised terms apply to your order, we will notify you of the changes. If you intend to cancel the Contract with us upon such changes, you may cancel either in respect of all the affected Products or just the Products you are yet to receive. If you opt to cancel, you shall return (at our cost) relevant Products you have already received and we will refund the price you have paid, including any delivery charges.

 

3.                Privacy policy

Registration and other information provided by you is subject to our Privacy Policy and shall only be used in accordance with it. For more information, please go to our Privacy Policy https://julierogerson.com/privacy-policy/

4.                Products

We have made every effort to display the images of the Products accurately on our Site, but they are for illustrative purposes only. All sizes, weights, capacities, colours, dimensions and measurements indicated on our Site have a 2% tolerance. Products delivered and packaging may vary slightly from those images.

5.                Age restriction

You shall not purchase any Products from our Site if you are below the age of 18 years old.

6.                Acceptance of order

6.1             These Terms will become binding on you and us and a Contract will come into effect between you and us only upon our written acceptance of the Order issued to you by email (dispatch confirmation). We are not bound by the Order unless we accept it in writing.

6.2             If there is any conflict between these Terms and any term of the Order, the Order will take priority.

6.3             At the time of acceptance of an Order an invoice number is assigned to you. You should quote the invoice number in all your subsequent correspondence relating to the Order.

6.4             If you have already paid for the Products and we are unable to supply you with a Product because the Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site, we will notify you and will refund you the full amount (including any delivery costs charged) as soon as possible.

7.                Entire Agreement

These Terms and the Privacy Policy constitute the entire agreement between you and us and supersedes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.

8.                Representations

8.1             You acknowledge and agree that by entering into this Contract with us you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or the Privacy Policy.

8.2             You shall not have any claim for innocent or negligent misrepresentation against us based on any statement in this Contract.

8.3             Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.

 

9.                Right to cancel

9.1             Your legal right to cancel a Contract starts from the date on which you receive the Dispatch Confirmation. Your right to cancel the Contract depends on what you have ordered and how it is delivered, as set out in clause 9.2 below.

9.2             You have a legal right as a consumer to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below:

Your Contract End of the cancellation period
Your Contract is for a single Product (which is not delivered in instalments on separate days).

14 days after the day on which you received the Product.

Example: if we provide you with a Dispatch Confirmation on 1 April and you received the Product on 10 April you may cancel at any time between 1 April and the end of the day on 24 April.

Your Contract is for either of the following:

·        one Product which is delivered in instalments on separate days.

·        multiple Products which are delivered on separate days.

14 days after the day on which you receive the last instalment of the Product or the last of the separate Products ordered.

Example:  if we provide you with a Dispatch Confirmation on 1 April and you receive the first instalment of your Product or the first of your separate Products on 10 April and the last instalment or last separate Product on 15 April you may cancel in respect of all instalments and any or all of the separate Products at any time between 1 April and the end of the day on 29 April.

Your Contract is for the regular delivery of a Product over a set period.

14 days after the day on which you receive the first delivery of the Products.

Example: if we provide you with a Dispatch Confirmation on 1 April in respect of Products to be delivered at regular intervals over a year and you receive the first delivery of your Product on 10 April, you may cancel at any time between 1 April and the end of the day on 24 April. 24 April is the last day of the cancellation period in respect of all Products to arrive during the year.

9.3             If during the relevant period you intend to cancel the Contract with us, you can notify us of your decision and receive a refund. You can obtain advice on your legal right to cancel the Contract from your local Citizens’ Advice Bureau or Trading Standards office.

9.4             However, you cannot cancel Contract in below cases:

a)            The supply of goods that are made to the consumer’s specifications or are clearly personalised

10.             Return and Refund

a)            To cancel a Contract in accordance with clause 9 above, you should fill in the cancellation form available on our Site. On receipt of your cancellation form we will e-mail you confirmation of receipt.

b)           You can also e-mail us at support@julierogerson.com or contact our Customer Services team at 07578 160239 or by post to 3 Nicholson Close, Beverley, HU17 0HW, England. If you are emailing us or writing to us please include details of your order.

c)            If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.

d)           If you wish to contact us for any other reason, including because you have any complaints, you can contact us by telephoning our customer service team at 07578 160239 or by e-mailing us at support@julierogerson.com.

e)            We will contact you or give you notice by e-mail or by pre-paid post to the address you provided us with your order.

10.2           If you cancel your Contract we will:

a)            refund you the price you paid for the Products after deducting any reduction in the value of the Products that has been caused by your handling them in an unacceptable manner.

b)           refund you any delivery costs you have paid calculating them on the basis of the least expensive delivery method that is generally acceptable. For example, if we offer delivery of a Product within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

c)             make any refunds due to you as soon as possible and in any event within the deadlines indicated below:

(i)          if you have received the Product: 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us.  For information about how to return a Product to us, see clause 10.5;

(ii)         if you have not received the Product: 14 days after you notify us that you intend to cancel the Contract.

10.3          If you have returned the Products because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.

10.4          Refunds will be made to you on the credit card or debit card used by you to pay. We will refund you in vouchers if you used vouchers to pay for our Products.

10.5          If a Product has been delivered to you prior to your decision to cancel your Contract:

a)            then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. Our returns address is 3 Nicholson Close, Beverley, East Yorkshire, HU17 0HW, England;

b)           you will be responsible for the cost of returning the Products to us except where the Product is faulty or not as described. If the Product cannot be returned by post, then the costs of delivering it by carrier should not exceed the sums we charged you for delivery.

10.6          As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 10 or anything else in these Terms. You can seek advice on your legal rights from your local Citizens’ Advice Bureau or Trading Standards office.

 

11.             Delivery

11.1          We will let you know the estimated delivery date which will be within 30 days after the date of the Dispatch Confirmation. Our delivery date may occasionally be affected by Circumstances Beyond Our Control in which case please see clause 20 below.

11.2          If no one is available at your address to take delivery, we will leave you a note to rearrange delivery.

11.3          Delivery of an Order shall be deemed to be completed when:

(i)          we deliver the Products to the address given by you;

(ii)          we deliver the Products directly to you; or

(iii)       a carrier organised by you to collect Products from us collects the Products from us

and you will be responsible for the Products from that time.

11.4          Upon receipt of full payment (including all applicable delivery charges) you will be the owner of the Products.

11.5          If we fail to deliver Products within 30 days, then you may cancel your Order straight away if any of the following applies to you:

a)            we have refused to deliver the Products;

b)           delivery within the delivery deadline was essential considering relevant circumstances; or

c)            you informed us prior to acceptance of your order that delivery within the delivery deadline was essential.

11.6          If you do not wish to cancel your order straight away, or do not have the right to do so under clause 11.5, you can specify a new reasonable delivery deadline, and you can cancel your Order if we do not meet the new deadline.

11.7          You can cancel your Order under clause 11.5 or clause 11.6, only for some of the Products or all of them, unless splitting them up would significantly reduce their value.

12.             International delivery

12.1          We deliver to Europe, South Africa, Australia and USA.

12.2           Delivery of Products to International Delivery Destinations will be subject to applicable import duties and taxes payable by you. Prior to placing an order, you should contact your local customs office for information on this.

12.3           You agree to comply by all applicable laws of country to which Products are delivered and we shall not be liable for any such violations.

13.             Price and delivery charges

13.1          Prices of the Products are specified on our site and confirmed on the checkout page. We may change our prices any time, but that will not affect the prices for confirmed orders.

13.2          Our prices are inclusive of VAT (where applicable). However, if there is a change in the rate of VAT between the date of the Order and the date of delivery or performance, the rate of VAT that you pay will be adjusted, unless you have already paid full purchase price prior to the change in the rate of VAT takes effect.

13.3           Delivery cost is not included in the price specified for a Product. It will be added to the due amount.

13.4          Despite our best efforts, there may be incorrect prices on some of the Products. If the Products’ correct price is less than a price shown on our site, the lower amount will be charged. If the Products’ correct price is higher than the price specified on our site, we will inform you of this and ask whether you wish to continue with the order with the actual higher price. If the error in price is obvious, unmistakeable and mispricing could have been recognised reasonably by you, we will not be liable to provide the Products to you at the lower price that was incorrect.

14.              Payment

Payment for Products is to be made in advance by credit or debit card. Your credit or debit card will be charged at point of ordering. We accept payment via credit or debit card using Stripe and Paypal payment processing.

 

15.             Limitation of liability

15.1          We are responsible for loss or damage you suffer that is a consequence of our negligence or our breach of the Terms, but we are not responsible for any loss or damage that is not a consequence of our negligence or our breach of the Terms.

15.2          Products supplied by us are for non-commercial purposes only. You shall not use the Products for any business or re-sale, commercial purpose. We are not liable to you for any loss of business, loss of profit, loss of business opportunity, or business interruption.

15.3          Exceptions to Limitation of Liability

Our liability does not exclude or limit in any way:

(a)          fraud or fraudulent misrepresentation;

(b)         death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;

(c)          defective products under the Consumer Protection Act 1987;

(d)         breach of the terms implied by sections 13, 14 and 15 of the Sale of Products Act 1979 (description, satisfactory quality, fitness for purpose and samples); and

(e)          breach of the terms implied by section 12 of the Sale of Products Act 1979(title and quiet possession).

16.             Circumstances beyond our control

16.1          If there is failure to perform, or delay in performance of any of our obligations under these Terms due to Circumstances Beyond Our Control, we will not be liable for such failure.

16.2          Circumstances Beyond Our Control include any act or event beyond our reasonable control, including without limitation lock-outs, strikes, or other industrial action by third parties, riots, civil commotion, terrorist attack or threat of terrorist attack, invasion, war (whether declared or not) or threat or preparation for war, explosion, fire, flood, storm, subsidence, epidemic, pandemic, earthquake, or other natural disaster, or failure of private or public telecommunications networks.

16.3          If any Circumstances Beyond Our Control affects the performance of our obligations under these Terms:

16.4          you will be notified as soon as reasonably possible; and

16.5          the time for performance of our obligations will be extended and our obligations under these Terms will be suspended for the duration of the Circumstances Beyond Our Control. If the delivery date is affected by the Circumstances Beyond Our Control, we will reschedule the delivery date with you after the Circumstances Beyond Our Control are over.

16.6          If Circumstances Beyond Our Control occur and you do not wish us to provide the Products, you may cancel the contract in accordance with clause 10. We may cancel the contract if the Circumstances Beyond Our Control continues for more than 4 weeks in accordance with our cancellation rights in clause 10.

 

17.             Notice

17.1          Any notice to us should be in writing and sent to us by e-mail, by hand, or by pre-paid post to Julie Rogerson Limited at support@julierogerson.com or 3 Nicholson Close, Beverley, HU17 0HW, England

17.2          Any notice to you will be in writing by e-mail, by hand, or by pre-paid post to the address you provided us with on the Order.

 

18.             Miscellaneous

18.1          We may assign our rights and obligations under these Terms to any another person. If there is any such assignment of rights and obligation, we will inform you in writing or by email.

18.2          You cannot transfer your rights and obligations under these Terms to any another person without our written approval.

18.3          This contract is only between you and us. No other third person shall have any rights to enforce any terms.

18.4          Each paragraph of these Terms are separate and distinct form other. If any court or relevant authority determines any of paragraphs of these Terms is unlawful, then such determination will not affect other paragraphs and all other remaining paragraphs will remain in effect and full force.

18.5          Our failure to insist that you perform any of your obligations under these Terms, or to enforce our rights against you, or delay in doing so, does not mean that our rights against you have been waived and does not mean that you need not comply with those obligations. Any waiver by us of your default will be only in writing, and it does not mean that we will waive any of your future defaults.

18.6          English law governs these Terms and contract between you and us. English courts will have jurisdiction on any dispute that may arise out of this Terms or contract between you and us.  However, you may bring proceedings in Northern Ireland if you are a resident of Northern Ireland, and you may bring proceedings in Scotland if you are a resident of Scotland.

 

19.             contact us

For any questions or queries you can contact us at 07578 160239 or e-mail us at support@julierogerson.com

Contact

Julie Rogerson, Cake Confidence Coach
Based in East Yorkshire, England

julie@julierogerson.com