TERMS AND CONDITIONS (TRADING)
1. INFORMATION ABOUT US
www.jeanchristophenovelli.com is a site operated by Novelli Associates Limited (we, us, our or as the context requires). We are registered in England and Wales under company number 05216195 and with our registered office at Ground Floor, Milstrete House, 29 New Street, Chelmsford, Essex CM1 1NT. Our main trading address is at Crouchmoor Farm, Tea Green, Hertfordshire, LU2 8PS. Our VAT number is 847672387
2. YOUR STATUS
By placing an order to attend a course through our site, you warrant that you are legally capable of entering into binding contracts and are at least 18 years old. You must notify us at the time of placing an order to attend a course if you intend to write a review of the course for commercial dissemination.
3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
After we receive your enrolment form, 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 constitutes an offer to us to purchase our services. 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 you have successfully been enrolled on the course specified (Confirmation). The contract between us (Contract) will only be formed when we send you that Confirmation. If no place is available on the course specified we will contact you to discuss an alternative date. We reserve the right to refuse any order.
4. CONSUMER RIGHTS
4.1 If you are contracting as a consumer, you may cancel a Contract at any time within 7 working days, beginning on the day after we send you the Confirmation, in which case you will receive a full refund of any fees paid by you, as more fully provided in paragraph 6 below.
4.2 If a Contract is entered into between us at a date that is less than 7 working days before the date of the course in question, you agree that the services can be provided before the end of the 7 day cancellation period and that your right to cancel the Contract will cease on the commencement of the course.
4.3 In order to cancel the Contract you may:
4.3.1 hand deliver or send by post a letter to Crouchmoor Farm, Tea Green, Hertfordshire, LU2 8PS; or
4.3.2 send an e-mail to associates@jeanchristophenovelli.com; or
4.3.3 send a fax to 01582 454100.
4.4 You agree that the services that are the subject of a Contract may be provided more than 30 days after the date of our receipt of your enrolment form.
5. FEES AND PAYMENT
5.1 The fees for the course are as quoted on our site from time to time, except in cases of obvious error. The fees quoted include VAT.
5.2 Unless you are paying by pre-purchased vouchers, payment must be made by credit or debit card. We will not charge your credit or debit card until we send you the Confirmation. If your credit or debit card does not remit the full sum requested to us at the first time attempt we may cancel the Contract immediately by sending you an e-mail. Pre-purchased vouchers must be used within the period for which they were purchased.
6. OUR CANCELLATIONS AND REFUNDS POLICY
6.1 If you validly cancel a Contract in accordance with paragraph 4 we will refund to you the full fees paid by you as soon as possible. The refund will be made by whichever means you originally made payment.
6.2 In circumstances that are not covered by paragraph 4, if you cancel the Contract we will make the following refunds of fees paid by you depending on when notice is received by us:
6.2.1 more than 42 days before the course: 95%
6.2.2 between 41 and 22 days before the course: 50%
6.2.3 21 days or less before the course: 0%.
You are advised to take out insurance cover against the risk of having to cancel a Contract.
6.3 If we cancel the course that is the subject of the Contract for any reason we will seek to organise an alternative date within a reasonable period of time. If this is not possible, or you are unable to attend on an alternative date, we will refund to you 100% of the fees paid by you.
7. YOUR OBLIGATIONS
7.1 You are responsible for ensuring that the details you submit on the enrolment form are correct and up to date. In particular you must inform us of any food allergies or dietary requirements. You must notify us of changes to your details.
7.2 Your right to remain on the course premises is subject to your compliance with all instructions given to you by us, your compliance with health and safety requirements, a reasonable standard of cleanliness (in light of the fact that you will be handling food) and appropriate standards of behaviour. If the course premises is Crouchmoor Farm you acknowledge that Crouchmoor Farm is a private residence and that you will not be entitled to access certain parts of the Farm and should not do so. We reserve the right to ask you to leave the course premises or to have you removed if you act in breach of this paragraph.
7.3 You shall compensate us against any damage you may cause to the course premises (fair wear and tear excepted), for any claims we may suffer from another course participant if any claim is caused by your breach of paragraph 7.2 and for any items that you may remove without our consent.
8. OUR LIABILITY
8.1 We will provide the course that is the subject of a Contract with reasonable skill and care.
8.2 While we will endeavour to provide our services in all material respects in accordance with our promotional materials we reserve the right to make variation to the dishes advertised if ingredients are not available and to alter the location of the course if Crouchmoor Farm is unavailable for any reason or not suitable for a particular course. You will be notified if this is the case. If for any reason a change in location means that you are unable to attend the course in question we will use reasonable endeavours to accommodate you on an alternative date or we will refund the fees paid.
8.3 Our liability in connection with each Contract is limited to the fees paid by you for the course in question. We accept no liability for any loss of income or revenue, loss of profits or contracts, or for any indirect or consequential loss or damage that you may suffer as a result of our breach of contract or negligence, even if foreseeable.
8.4 Paragraph 8.3 does not exclude or limit in any way our liability:
(a) for death or personal injury caused by our negligence;
(b) under section 2(3) of the Consumer Protection Act 1987;
(c) for fraud or fraudulent misrepresentation; or
(d) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
9. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, 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. For contractual purposes, 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.
10. NOTICES
All notices given by you to us must be given to Novelli Associates Limited at Crouchmoor Farm, Tea Green, Hertfordshire, LU2 8PS or associates@jeanchristophenovelli.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Except in the case of any notice you might give to us under paragraph 4 or that we may send you under paragraph 5.2 which shall be deemed received by you on the day it was sent, any notice will be deemed received and properly served 24 hours after an e-mail is sent, or 3 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
The Contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
12. STATUTORY RIGHTS
Nothing in these terms and conditions affects or limits your statutory rights.
13. DATA PROTECTION
We will process any personal data you may submit to us, whether through the enrolment form or otherwise, strictly in accordance with our privacy policy, a copy of which can be accessed through our site.
14. COMPLAINTS
You should send any complaint you have regarding the course to Crouchmoor Farm, Tea Green, Hertfordshire, LU2 8PS or by e-mail to associates@jeanchristophenovelli.com.
15. ATTRIBUTIONS AND FILMING
15.1 If you send us a letter or other communication regarding your enjoyment of the day please notify us if you do not wish it to be used on our website or in other promotional materials that we may prepare to advertise and promote our courses and other services. If you do not so notify us you grant us a licence to use such letter or communication (or part of the same) on our website or in other promotional materials and to identify you as the source.
15.2 We may from time to time take photographs or film the course for use as promotional material (including on our website). By attending the course you consent to our taking such photographs and/or making such film, and you further irrevocably consent to our using such photographs or film free of charge for promotional purposes in our promotional materials from time to time without the need to seek further approval or consent. You acknowledge that you have no proprietary rights in any such materials.
16. ENTIRE AGREEMENT
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.
17. LAW AND JURISDICTION
Any Contract between us will be governed by English law. Any dispute arising from, or related to, such Contract shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
TERMS OF USE
CONTRACTS
Contracts for the supply of services formed through this website are governed by our terms and conditions of supply which you will be required to accept prior to submitting an order.
ENCRYPTION
Please note that any e-mail sent to or from us via this website and any attachments will not be encrypted. They may therefore be liable to be compromised. This is an inherent risk in relation to e-mail.
We do not, to the extent permitted by law, accept any liability (whether in contract, negligence or otherwise) for any external compromise of security and/or confidentiality in relation to transmissions sent by e-mail.
ACCESSING THIS WEBSITE
Access to this website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on this website without notice. We will not be liable if for any reason this website is unavailable at any time or for any period.
From time to time, we may restrict access to some parts or all of this website to users who have registered with us.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.
You may only use this website for lawful purposes and in particular (and without limitation) you may not use this website in any way that is fraudulent or that breaches any applicable local, national or international law or regulation.
If you provide feedback to us through this website you must ensure that such feedback is accurate and that any beliefs are genuinely held. Feedback must not contain any material which is defamatory of any person or in breach of any law.
You are responsible for making all arrangements necessary for you to have access to this website. You are also responsible for ensuring that all persons who access this website through your internet connection are aware of these terms, and that they comply with them.
COOKIES
Cookies are software applications which are placed onto the hard drive of your computer by websites. The aim of a cookie is to track a user’s navigation in the website and store the information on the user’s hard drive. This information should make your website visits more productive by storing and using information on your website preferences and habits. They do not identify users personally but they do identify each user’s computer. Your browser software can choose whether or not to accept cookies and most browser software is initially set up to accept them. More information about how you can remove and block cookies is available at http://www.allaboutcookies.org/.
You should ensure that your browser software is set not to accept cookies if you do not wish to receive them. No "cookies" are offered on this website at the moment. If ever we offer a "cookie" you will be given the option to refuse it.
DATA PROTECTION
We will process personal data collected through this website in accordance with our privacy policy [insert link to privacy policy], the terms of which are incorporated into these terms of use. By using this website, you consent to such processing and you warrant that all data provided by you is accurate.
LINKS
Where this website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. In respect of goods or that you may purchase through any such sites or resources, we disclaim any warranties whatsoever in respect of such goods. This disclaimer does not affect any statutory rights you may have against the third party seller.
We do not guarantee that any links to third party websites contained on this website will function correctly.
You are not entitled to create a link to any part of this website without our prior written consent.
INTELLECTUAL PROPERTY
All website design, text, pictures, graphics and the selection and arrangement of them and all software compilations, coding, underlying source code, software and all other material on this website are copyright Novelli Associates Limited or its licensors, unless otherwise acknowledged. ALL RIGHTS ARE RESERVED.
Infringement of our copyright in this website or the materials associated with this website may lead to criminal and/or civil sanctions.
Trade mark rights of third parties are acknowledged on this website.
Permission is granted to you to electronically copy and to print hard copy portions of this website for the sole purpose of using this website as a research and information resource provided you agree not to change and/or delete any content, web design and/or layout contained in that material. Any other use of materials on this website, including modification, distribution or republication, is strictly prohibited. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of material on this website must always be acknowledged.
You must not use any part of the materials on this website for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of this website in breach of these terms of use, your right to use this website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
If you believe that any content of this website in any way infringes intellectual property rights belonging to you or any third party, please contact us immediately.
VIRUSES, HACKING & OTHER OFFENCES
Please note that viruses and similar destructive programs are an inherent risk of communication via the Internet.
We will use our reasonable endeavours to prevent contamination of any material sent to you with any virus or similar destructive code.
We do not, to the maximum extent permitted by law, accept any liability for any virus or similar destructive code which computer equipment and/or software used by you may suffer as a result of your accessing this website and/or any other communication via the Internet between you and us.
It is your responsibility to scan what you choose to download from this website to ensure that it is free of such items as viruses, worms, trojan horses and other similar destructive code. You must not misuse this website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to this website, the server on which this website are stored or any server, computer or database connected to this website. You must not attack this website via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use this website will cease immediately.
LIMITATION OF OUR LIABILITY - YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
The material displayed on this website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we and third parties connected to us hereby expressly exclude:
• All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
• Any liability for any direct, indirect or consequential loss or damage incurred by you in connection with this website or in connection with the use, inability to use, or results of your use of this website, any websites linked to it and any materials posted on it, including, without limitation any liability for: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.
THIS WEBSITE CHANGES REGULARLY
We aim to update this website regularly, and may change the content at any time. If the need arises, we may suspend access to this website, or close it indefinitely. Any of the material on this website may be out of date at any given time, and we are under no obligation to update such material.
JURISDICTION AND APPLICABLE LAW
The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to this website although we retain the right to bring proceedings against you for breach of these terms of use in your country of residence or any other relevant country. These terms of use are governed by English law.
CONTACT
If you wish to contact us, or have any concerns about material which appears on this website, please contact us at associates@jenachritstophenovelli.com or at Crouchmoor Farm, Tea Green, Hertfordshire, LU2 8PS.
