1.1 Bookings made through our website, and our and your rights and obligations in relation to such bookings, are governed by these terms and conditions.
1.2 You will be asked to give your express agreement to these terms and conditions before you place an order on our website.
1.3 This document does not affect any statutory rights you may have as a consumer.
2.1 In these terms and conditions:
(a) ”we” means James Hawkins Music (and “us and “our” should be construed accordingly);
(b) “you” means our customer or prospective customer under these terms and conditions (and “your” should be construed accordingly);
(c) ”booking” means a booking in respect of any training courses, workshops or concert tickets, which may be made by you under these terms and conditions; and
(d) “force majeure event” means an event that is, or a series of related events that are, beyond our reasonable control.
3. Order process
3.1 The advertising of bookings on our website constitutes an “invitation to treat” rather than a contractual offer.
3.2 No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section 3.
3.3 To make a booking through our website, the following steps must be taken: you must select the options and completed the form fields in relation to the relevant event and click “add to basket”; you must view the basket and at the checkout page, you must consent to these terms and conditions; our payment service provider will handle your payment; we will then send you an initial acknowledgement that we are processing your order; and, later, we will send you an order completion confirmation email (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.
3.4 You will have the opportunity to identify and correct input errors prior to making your order at the checkout page.
4.1 Our prices are quoted on our website.
4.2 We will from time to time change the prices quoted on our website, but this will not affect contracts that have previously come into force.
4.3 All amounts stated in these terms and conditions or on our website are stated inclusive of VAT.
5.1 You must pay the applicable prices for your bookings during the checkout procedure.
5.2 Payments may be made by debit or credit card via on-page Stripe form, or via Paypal.
6. Variation of booking
6.1 If you would like to change your booking in any way, you should contact us to discuss your requested changes. We reserve the right to accept or reject any changes you may request.
6.2 We may change the time and date and/or location of an event that is the subject of a booking by giving to you written notice of the change at least 14 days before the event is due to begin. If we notify you of a change to a booking under this Section 6.2, you shall have a right to cancel the booking and receive a full refund of the price paid in respect of the booking, providing that your notice of cancellation must be received by us within 7 days following the date of issue of our notification of the change. If your notice of cancellation is received after the end of that period, you will not be entitled to a refund under this Section 6.2.
7. Cancellation of bookings by us
7.1 We may cancel a contract under these terms and conditions:
(a) at least 7 days before the event in respect of which the Contract was made begins.
7.2 We will give you written notice of any contract cancellation under this Section 7.
7.3 If we cancel a contract under these terms and conditions in accordance with this Section 7, you will be entitled to a full refund of the price paid under that contract.
9. Distance contracts: cancellation right
9.1 This Section 9 applies if and only if you offer to contract with us, or contract with us, as a consumer – that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.
9.2 You may withdraw an offer to enter into a contract with us through our website, or cancel a contract entered into with us through our website, at any time within the period:
(a) beginning upon the submission of your offer; and
(b) ending at the end of 14 days after the day on which the contract is entered into,
subject to Section 9.3. You do not have to give any reason for your withdrawal or cancellation.
9.3 You agree that we may begin the provision of services before the expiry of the period referred to in Section 9.2, and you acknowledge that, if we do begin the provision of services before the end of that period, then:
(a) if the services are fully performed, you will lose the right to cancel referred to in Section 9.2;
(b) if the services are partially performed at the time of cancellation, you must pay to us an amount proportional to the services supplied or we may deduct such amount from any refund due to you in accordance with this Section 9.
9.4 In order to withdraw an offer to contract or cancel a contract on the basis described in this Section 9, you must inform us of your decision to withdraw or cancel (as the case may be). You may inform us by means of any clear statement setting out the decision. In the case of cancellation, you may inform us using the cancellation form that we will make available to you. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.
9.5 If you withdraw an offer to contract, or cancel a contract, on the basis described in this Section 9, you will receive a full refund of any amount you paid to us in respect of the offer or contract, except as specified in this Section 9.
9.6 We will refund money using the same method used to make the payment, unless you have expressly agreed otherwise. In any case, you will not incur any fees as a result of the refund.
9.7 We will process the refund due to you as a result of a cancellation on the basis described in this Section 9 without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the cancellation.
10. Warranties and representations
10.1 You warrant and represent to us that:
(a) you are legally capable of entering into binding contracts;
(b) you have full authority, power and capacity to agree to these terms and conditions; and
(c) all the information that you provide to us in connection with your order is true, accurate, complete, current and non-misleading.
10.2 We warrant to you that any services we may supply to you under these terms and conditions or in connection with a booking will be supplied with reasonable care and skill.
10.3 All of our warranties and representations relating to bookings are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to Section 11.1, all other warranties and representations are expressly excluded.
11. Limitations and exclusions of liability
11.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law,
and any statutory rights you may have as a consumer will not be excluded or limited by these terms and conditions, except to the extent permitted by law.
11.2 The limitations and exclusions of liability set out in this Section 11 and elsewhere in these terms and conditions:
(a) are subject to Section 11.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
11.3 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
11.4 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
12. Force majeure
12.1 If a force majeure event gives rise to a failure or delay in us performing any obligation under these terms and conditions, that obligation will be suspended for the duration of the force majeure event.
12.2 If we become aware of a force majeure event which gives rise to, or which is likely to give rise to, any failure or delay in us performing any obligation under these terms and conditions, we shall:
(a) promptly notify you; and
(b) inform you of the period for which it is estimated that such failure or delay will continue.
12.3 If the performance of our obligations under these terms and conditions is affected by a force majeure event, we shall take reasonable steps to mitigate the effects of the force majeure event.
13.1 We may revise these terms and conditions from time to time by publishing a new version on our website.
13.2 A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.
14.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions providing that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.
14.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
15. No waivers
15.1 No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.
15.2 No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of that contract.
16.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
16.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
17. Third party rights
17.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
17.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.
18. Entire agreement
18.1 Subject to Section 11.1, these terms and conditions, together with the booking information page on our website, shall constitute the entire agreement between you and us in relation to bookings made through our website, and shall supersede all previous agreements between you and us in relation to such bookings.
19. Law and jurisdiction
19.1 These terms and conditions shall be governed by and construed in accordance with English law.
19.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.
20. Statutory and regulatory disclosures
20.1 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.
20.2 These terms and conditions are available in the English language only.
20.3 Our VAT number is GB 195350492.
20.4 The website of the European Union’s online dispute resolution platform is available at https://webgate.ec.europa.eu/odr/main.
21. Our details
21.1 This website is owned and operated by CHOCOLATE BOX STUDIOS LTD.
21.2 We are registered in England and Wales under registration number 09182612, and our registered office is at 112 DURLSTON ROAD, KINGSTON-UPON-THAMES, SURREY, UNITED KINGDOM, KT2 5RU.
21.3 Our principal place of business is at 112 DURLSTON ROAD, KINGSTON-UPON-THAMES, SURREY, UNITED KINGDOM, KT2 5RU.
21.4 You can contact us:
(a) by post, using the postal address given above;
(b) using our website contact form;
(c) by email, using [email protected].