TERMS &CONDITIONS

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE

By using this website and participating in our online programmes, you signify your consent to these terms of use. If you do not agree to these Terms of Use, please do not use the website and our online courses.

These Terms of Sale set out the terms under which Digital Content which includes, but is not limited to, pre-recorded courses and digital documents and is sold by Us to customers through this website, www.letscookfrench.co.uk (“Our Site”).

DUKE OF EDINBURGH AWARD STUDENTS

We provide courses tailored for the Skills Section of the Duke of Edinburgh Award and can file an Assessor’s Report on completion of the course. The customer needs to have checked with their DofE (Duke of Edinburgh) leader before booking with us. We will only file the report if sufficient evidence of cooking is provided by the student. The student acknowledges if evidence of a fully completed cookery course is not provided then no report will be filed.

CONTACT WITH STUDENTS

We will communicate with students via email. Parents and guardians of students consent to us communicating in this way with the young person in their care, if they are under 18 years of age.

1. Definitions

In these Sale Terms, unless the context dictates otherwise, the subsequent expressions carry the following meanings:

- “Contract” means a contract for the purchase of and access to Digital Content, as explained in Clause 6.

- “Customer”means an individual customer who purchases a course or digital content which is to be received or used for their personal use and for purposes wholly or mainly outside the purposes of any business, trade, craft or profession.

- “Data Protection Legislation” means all applicable legislation in force from time to time in the United Kingdom applicable to data protection and privacy including, but not limited to, the UK GDPR (the retained EU law version of the General Data Protection Regulation ((EU) 2016/679), as it forms part of the law of England and Wales, Scotland, and Northern Ireland by virtue of section 3 of the European Union (Withdrawal) Act 2018); the Data Protection Act 2018 (and regulations made thereunder); and the Privacy and Electronic Communications Regulations 2003 as amended.

- “Digital Content” means the digital content, namely instructional cooking courses sold by Us through Our Site which includes, but is not limited to, pre-recorded material, animated slides, video content, pdfs and info-graphics.

- “Purchase Confirmation” means Our acceptance and confirmation of your purchase.

- “Order Number” means the reference number for your purchase.

- “We/Us/Our” means “Let’s Cook French”.

2. Use of Our Site

Access to Our Site is offered in its current state, without any warranties, and on an availability basis. We reserve the right to modify, suspend, or cease operations of Our Site, or any portion thereof, at any time and without prior notice. We shall not be held responsible for any inconvenience or harm caused if Our Site, or any segment of it, becomes inaccessible at any given time and for any duration.

3. Customers

3.1 These Terms of Sale are exclusively relevant to customers that are at least 18 years of age. If you are under 18 years of age you must have a parent or guardian purchase on your behalf. These Terms of Sale and the attachment below do not apply to customers purchasing and accessing Digital Content in the course of any business trade, craft or profession carried on by either them or any other person/organisation.

3.2 These Terms of Sale form the complete agreement between you and Us regarding the purchase of Digital Content. You understand that you have not placed reliance on any statement, representation, warranty, assurance, or promise made by Us or on Our behalf that is not explicitly outlined in these Terms of Sale. Furthermore, you agree not to make any claims for innocent or negligent misrepresentation or negligent misstatement based on any statements herein.

4. Digital Content, Pricing and Availability

4.1 We may from time to time change Our prices. Price changes will not affect any purchases you already made but will apply to any subsequent purchases.

4.2 Occasional adjustments may be applied to specific Digital Content, such as updates to comply with alterations in applicable laws or regulatory requirements, or to address technical or security concerns. These modifications are not intended to substantially modify the fundamental attributes of the Digital Content and typically should not impact your utilisation of it. If any alteration is implemented that could impact your use of the Digital Content, pertinent information will be communicated to you.

4.3 In cases where updates are applied to Digital Content, the content will still align with the description provided by us at the time of your purchase.

4.4 We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. Price changes will not affect any order that you have already placed.

4.5 All prices are checked by Us before We accept your order. In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake. If the correct price is lower than that shown when you made your order, We will simply charge you the lower amount and continue processing your order. If the correct price is higher, We will give you the option to purchase at the correct price or to cancel your order (or the affected part of it). We will not proceed with processing your order in this case until you respond. If We do not receive a response from you within 7 days, We will treat your order as cancelled and notify you of this in writing.

4.6 If We discover an error in the price or purchase after your order is processed, We will inform you immediately and make all reasonable efforts to correct the error.

5. Health and Safety

5.1 As with all cooking, there is an inherent risk of personal injury where you fail to use kitchen equipment or tools correctly. We accept no responsibility for your use of the same and care must be taken by you. Anyone under the age of 18 must be accompanied or supervised by a responsible adult before practising any training provided by Our Digital Content.

5.2 You should only use any kitchen equipment or tools correctly and in accordance with the manufacturing guidelines. We only provide, as part of the Digital Content, the instructional cooking training and any accompanying PDF recipes and ingredients lists. All other equipment needed must be provided by you.

5.3 You are responsible for purchasing and sourcing the ingredients needed in order to cook any recipes demonstrated in our Digital Content and ensure that your ingredients are in date and have been stored correctly before using.

5.4 You must ensure that all food is adequately prepared prior to consumption, including preparation in a clean and safe environment.

6. Orders – How Contracts Are Formed

6.1 The purchase process on Our Site includes step-by-step guidance. Before finalising your purchase, you will have the chance to review and make amendments to your order. It is crucial to thoroughly examine your order before submission to ensure accuracy.

6.2 If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process your order due to incorrect or incomplete information, We will contact you to ask to correct it. If you do not give Us accurate or complete information within a reasonable time of Our request, We will cancel your order and treat the Contract as being at an end.

6.3 No section of Our Site is considered a contractual offer open for acceptance. When you place an order to make a purchase, it serves as a contractual offer that We may, at Our sole discretion, choose to accept. Our acceptance is communicated by sending you a Purchase Confirmation via email. The formation of a legally binding Contract between Us and you occurs only upon Our dispatch of the Purchase Confirmation.

6.4 Purchase Confirmation shall contain the following information: a) Your order number; b) Confirmation of your purchase including full details of the main characteristics of the Digital Content available; c) Fully itemised pricing for your purchase; d) How you will access the Digital Content.

6.5 Any reimbursements will be promptly issued to you and processed using the same payment method used for your initial purchase.

7. Payment

7.1 Payment for Digital Content must always be made in advance. Your chosen payment method will be charged when we process your order and send you a Purchase Confirmation.

7.2 If you believe that We have charged you an incorrect amount, please contact Us using our contact details.

8. Providing the Digital Content

8.1 Digital Content appropriate to your purchase will be available to you when We send you a Purchase Confirmation and once you have become a member of Our site through the sign up procedure. The Digital Content will continue to be available to you until the website is live or until the Contract is otherwise ended.

8.2 When you place an order, You will be required to expressly acknowledge that by accessing (e.g. downloading or streaming) any Digital Content, you will lose your legal right to cancel if you change Your mind (the “cooling-off period”). Please see sub-Clause 10.1 for more information.

8.3 Under specific conditions, We may find it necessary to temporarily suspend the provision of Digital Content, either in its entirety or in part, to address technical issues or implement essential minor technical adjustments; to update the Digital Content in alignment with appropriate alterations in the law or other regulatory necessities; or to implement more substantial modifications to the Digital Content,

8.4 If We need to suspend availability of the Digital Content for any of the reasons set out in sub-Clause 8.2, We will inform you in advance of the suspension and explain why it is necessary (unless We need to suspend availability for urgent or emergency reasons such as a dangerous problem with the Digital Content, in which case We will inform you as soon as reasonably possible after suspension).

9. Licence

9.1 When you purchase access to Digital Content, We will grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the relevant Digital Content for commercial purposes. The licence granted to you does not give you any rights to Our Digital Content (including any material that We may licence from third parties).

9.2 The licence granted to you under sub-Clause 9.1 is subject to the following usage restrictions and/or permissions: You may not copy, rent, sell, publish, republish, share, broadcast or otherwise transmit the Digital Content (or any part of it) or make it available to the public except as permitted under the Copyright Designs and Patents Act 1988 (Chapter 3 ‘Acts Permitted in relation to Copyright Works’).

10. Ending the Contract

10.1 As a Consumer, by default you have a legal right to a “cooling-off” period within which you can cancel the Contract for any reason, including if you have changed your mind, and receive a refund. The period begins once We have sent you your Purchase Confirmation (i.e. when the Contract between you and Us is formed) and ends when you access (e.g. download or stream) any of the Digital Content, or 14 calendar days after the date of Our Purchase Confirmation, whichever occurs first.

10.2 After the cooling-off period, you may cancel your access to Digital Content at any time, however subject to sub-Clause 10.3 and Clause 11 (outlining your rights to cancel arising due to something done by Us), We cannot offer any refunds and you will continue to have access to the Digital Content for the remainder of the period detailed in sub-Clause 8.1 whereupon the Contract will end.

10.3 If you purchase Digital Content by mistake, please inform Us as soon as possible and do not attempt to access any Digital Content. Provided you have not accessed any Digital Content since purchase We will be able to cancel your order and issue a full refund. If you have accessed any Digital Content We will not be able to offer any refund and you will continue to have access to the Digital Content for the remainder of the term detailed within the description.

10.4 If you wish to exercise your right to cancel under this Clause 10, you may inform Us of your cancellation by contacting us using the details in Clause 16. Cancellation by email is effective from the date on which you send Us your message.

10.5 Any refunds that might be due under this Clause 10 will be issued to you as soon as possible.

11. Terminating the Contract due to Our Actions or Future Actions

11.1 Should the availability of Digital Content be suspended for a duration exceeding 30 days or if We have notified you of an anticipated suspension exceeding 30 days, you have the right to terminate the Contract immediately, as specified in sub-Clause 8.3. In such a case, We will provide you with a pro-rata refund.

11.2 If you wish to exercise your right to cancel under this Clause 11, you may inform Us of your cancellation providing Us with your name, address, email, telephone number, and Purchase Confirmation ID.

11.3 Refunds under this Clause 11 will be issued to you as soon as possible, using the same payment method that you used when making your purchase.

12. Liability

12.1 In no event shall We be liable for any special, incidental, indirect, punitive, reliance, or consequential damages, whether foreseeable or not, including but not limited to, damage or loss of property, equipment, information, or data, loss of profits, revenue, goodwill, or claims arising from service interruptions, transmission issues, or the inability to use provided services, regardless of the theory of liability. This limitation applies even in cases where We have been advised of or are aware of the possibility of such damages.

Additionally, We are not responsible for any losses suffered that result from events beyond reasonable control, including but not limited to force majeure, illness, personal accident, or the cancellation of a course.

12.2 Our Paid Content is intended for non-commercial use only. We make no warranty or representation that the Digital Content you receive is fit for commercial, business or industrial use of any kind. We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.

13. Events Outside of Our Control

13.1 We shall not be held responsible for any inability or delay in fulfilling Our obligations if such failure or delay is a result of causes beyond Our reasonable control. These causes include but are not limited to power failure, internet service provider failure, strikes, lockouts, or other industrial action by third parties, riots, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual, or preparations for war), epidemic, pandemic or other natural disasters, or any other event that is considered beyond Our reasonable control.

13.2 If any event described under this Clause 13 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:

We will inform you as soon as is reasonably possible and We will take all reasonable steps to minimise the delay;

To the extent that We cannot minimise the delay, Our affected obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
We will inform you when the event outside of Our control is over and provide details of any new dates, times, or availability of Digital Content as necessary;
If the event outside of Our control continues for more than 90 days We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 14 days of the date on which the Contract is cancelled and will be made using the same payment method that you used when making your purchase.

14. How We Use Your Personal Information

14.1 All personal data that We may use will be collected, processed, and held in accordance with the provisions of the Data Protection Legislation and your rights thereunder.

14.2 For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy (www.letscookfrench.co.uk/privacy-policy).

15. Law and Jurisdiction

15.1 These Terms of Sale, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed under English law.

15.2 As a Consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 17.1 above takes away or reduces your rights as a consumer to rely on those provisions.

15.3 As a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms of Sale, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

15. How to Communicate and Contact Us

If you wish to contact Us with any questions, complaints, or feedback you may contact Us by email at bonjour@letscookfrench.co.uk.