1. THE MEANING OF WORDS USED IN THIS AGREEMENT
‘WE’, ‘US’ or ‘OUR’ Is a reference to Emily Louise Beauty Limited of 7a-7b Market Place Kettering,NN16 0AL company registration number: 11814895) trading as “Emily Louise Signature Academy.
‘YOU’ or ‘YOUR’ Is a reference to the person to whom we are providing our Services and who is required to pay for the Services we provide;
‘COURSE’ and ‘COURSES’ Means the course or courses provided by us to you as part of the Services.
‘PARTIES’ Is a reference to both us and you;
‘SERVICES’ Means the beauty course/s and any ancillary course materials that we provide to you pursuant to your booking, further details of which appear on our website and on your booking confirmation form.
2. ENTERING INTO A LEGALLY BINDING CONTRACT
2.1 When you place your order for one or more of our Services it is an offer by you to enter into a legal contract with us.
2.2 You and we will only enter into a binding contract when you receive notification from us that we accepted your order. Once we accept your order, a binding contract between you and us will come into being subject to these Terms and Conditions.
2.3 You should keep a copy of these terms and conditions for your records. If you have any questions concerning them, please ask us.
3. RIGHT TO CANCEL
We provide training courses which may include both practical training and digital content. The following right to cancel terms are set out in accordance with the The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
3.1 The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 permits consumer customers to cancel a contract after it is has been entered into subject to certain limitations and requirements. You have the right to cancel the contract at the end of 7 days, after the day the contract is entered in to, if you want to access the digital/online training within this period, you must give your express consent and acknowledge that your right to cancel is lost by accessing the materials. You can do this by digitally signing this contract.
3.2 If you have the right to cancel then::
3.2.1 you will need to complete our cancellation of service form stating that you wish to cancel the contract between us and you; and.
3.2.2 you will need to send us the notice of cancellation within the 14 period strating with the day after you receive our confirmation that there is a binding contract between you and us;
3.2.3 after we receive your notice of cancellation we will refund any monies due to you within 14 days.
4. SERVICES PROVIDED
4.1 Once we and you have entered into a legally binding contract we will provide you with the appropriate digital content (course eBooks and video tutorials, where applicable) via our online secure student portal and the practical training sessions on the dates and times stated on our booking confirmation form. Occasionally the practical training sessions will be provided at some other date or time or be dependent on a number of factors, please see below especially section.
4.2 Our aim is to always provide you with the Services:
4.3 using reasonable care and skill; Within the period as agreed. If a time period has not been agreed in advance, then within a reasonable time period.
4.4 in compliance with commonly accepted practices and standards in the beauty industry; and
4.5 in compliance with the laws and regulations of England and Wales in force at the time we are carry out the Services.
5. PRACTICAL TRAINING / ASSESSMENTS
5.1 Combined and NVQ Courses include practical training sessions which will take place on the date, time and at the venue as specified in your booking confirmation form or learning agreement. We may need to change the date and/or venue and if this occurs you will be notified as soon as possible.
5.2 Practical training dates are provisionally scheduled and then confirmed 7 days prior to the event and are subject to minimum student numbers. In the unfortunate event that your practical training sessions have been rescheduled you will have the following options:
a. You will be provided with new dates in the same venue of your
b. You can look into alternative venues and/or dates if required
c. You can switch to distance learning only and have the
practical/review day fee refunded to you as detailed in the
d. Have your practical training fee refunded in full as detailed in your
You cannot cancel your order for the supply of digital content if the delivery has started upon your request and acknowledgement that you thereby lose your cancellation right. Should you wish to cancel you must not have accessed the student portal at anytime. Please contact us if none of the above options are suitable.
5.3 You are required to be at the location of the practical training 15 minutes prior to the stated commencement time. Our accreditation bodies require you to attend and complete the practical training. If you fail to attend, we may claim reasonable net costs from the fee paid. If you have reason for non attendance then there will be a process to appeal.
5.4 Where a review day and or assessment is required as part of your course, you must attend the dates stated on the confirmation and/or learning agreement and be present at least 15 minutes prior to the times stated. Failure to attend the assessment/review date may result in us claiming reasonable net costs from the fee paid and you not gaining certification. If you are not able to make this date, there maybe exceptional circumstances where we may be able to change the date of your review/assessment. If you reschedule the course date, this may incur a fee to cover our reasonable net costs. If you have reasons for non attendance then there will be a process to appeal.
5.5 You are required to attend the practical training at the times stated in your booking confirmation form. Failure to attend for any of the periods stated in the booking confirmation form may result in us being unable to provide you with your certificate.
5.6 As part of your course fee, you understand that you are entitled to one complementary assessment or review day. If on attending a second assessment you have not met the standards required for accreditation you will be required to pay a fee of £90 for each further assessment.
5.7 Our practical training day/s are designed for a set number of students. If the attendance group is smaller, then the duration of the training may be altered accordingly to accommodate this.
6. NVQ COURSES
6.1 You agree to complete all workbooks and home study and have them available to tutors on the dates agreed and as detailed within your learners guide. Failure to provide work on the agreed dates may result in delays and further charges being applied. These charges may take the form of reasonable costs or losses incuured by us for the delays and may come from the fee paid. If there are reasons for the delay, then there will be a process to appeal.
6.2 If you are requested to be seen by an External Verifier appointed from VTCT you must attend a one day assessment at our registered offices. You must also attend in a beauty tunic wearing black trousers (not leggings) and fob watch.
6.3 You agree to pay for the VTCT fees seperately to the course costs. These fees will be highlighted to you before you agree to undertake the course. When payment is due for these fees, you will be notified in advance and given instructions as to payment.
6.4 You are required to provide 3 separate models for each of the assessment days at your own costs. If you have problems with this, please contact us so this can be discussed.
6.5 The course must be completed within 356 days from the date of order.
6.6 Portfolios and workbooks maybe requested for sampling by our Internal Verifying team, or selected pieces of work. You agree to supply these on request to our registered offices.
6.5 As part of the NVQ course you will have to send your portfolios/workbooks to our registered office for verification. If you wish to have your portfolio/workbooks returned you will need to collect these in person from our registered offices. Any portfolios/workbooks not collected within 6 months after the completion date will be removed from our registered office.
7. DISTANCE LEARNING COURSES, ONLINE TRAINING MATERIAL & STUDENT PORTAL
7.1 On successful completion of your course you will be awarded with an ELSA certificate, which is an in house certificate. With this certificate you will be able to gain insurance through our insurance provider.
7.2 The course must be completed within 356 days from the date of order.
7.3 You will have a 14 day cooling off period once you enter into an agreement with us. On accessing the portal you will be given the opportunity to access the digital content. If you want to access the digital content within the 14 day cooling off period, you will have to give you express consent that you are going to access it and acknowledge that you loose your right to cancel.
7.4 Our student portal has been designed to work on desktop PC’s running Internet Explorer, Firefox, Chrome and Safari. Although we believe our systems work with all versions of such browsers, we would advise keeping your browser fully up to date to make the most of all our features and can only guarantee the latest 3 version will work. Our student portal may be displayed differently on different browsers and devices, depending on the specific browser’s limitations.
7.5 An internet connection is required to access the student portal.
7.6 Technical issues should be reported as soon as reasonably practicable after accessing the student portal or accessing/downloading the digital content by emailing email@example.com. using the email address registered at the time of booking.
8. YOUR CONDUCT AND OBLIGATIONS BEFORE, DURING, AND AFTER THE COURSE
Before the practical training
8.1 For Courses that require home study, you must ensure that you carry out the studies as stated in the relevant course eBooks and literature. Failure to do so may lead to you failing the course and not being provided with a certificate.
8.2 Some Courses require students to complete a patch test prior to attending the practical training session. It is the students responsibility to ensure the patch testing has been completed and we accept no responsibility for any reaction which may occur. For full details and to check if your course requires a patch test – refer to information page or confirmation email.
During the practical training
8.3 During the Course you must, at all times:
a. act and behave appropriately. Abuse or antisocial behaviour towards either our trainers or other students will not be tolerated.
b. dress appropriately in smart, comfortable clothing. Tunics may be worn or alternatively black trousers and a black tshirt may be worn. For NVQ students tunics MUST be worn. If you have any queries, please contact us.
c. ensure that your hair is tied away from your face.
The terms of this section are necessary for the health and safety of our staff and other students. Failure to comply with the terms in this section will be a breach of this agreement and may lead to your expulsion from the course. In such circumstances, we will claim reasonable nett costs or lossess (which may be from the fee already paid). There will be a process to appeal against such decisions.
8.4 You will need to work on other students and you understand and confirm that other students will need to work on you. If you cannot be worked on by other students, Please contact us at firstname.lastname@example.org or by telephone to look at other alternatives, which may include you providing a model. You should ensure you have student insurance in place prior to attending any practical training, home study or review days.
8.5 For health and safety reasons, children are not permitted at the practical training venues.
8.6 Mobile phones, tablet computers and desktops must remain switched off throughout.
8.7 We operate a non smoking policy and smoking is not permitted in any training rooms. You may smoke only in the areas (if any) designated at the practical training venue.
8.8 If you are attending practical training nail/pedicure sessions, nail enhancements including nail overlays and nail polish must not be worn.
8.9 If you are attending a practical training session in waxing, you are required to grow body hair and be worked on by other students.
8.10 If you are attending a practical training session in eyelash extensions, previous eyelash extensions must be removed prior to the commencement of the training.
8.11 You are required to provide a kit for use during the practical training if you are attending a Gel Polish, Nail Art or Eyelash Extensions course or any combination course which includes these modules. If you fail to provide such a kit on the practical or assessments training day, then you may not be able to proceed with the course. This may result in us claiming reasonable costs from the fee already paid to cover this loss. If there is a problem with obtaining kits for these courses, please contact us as soon as possible.
9.1 Subject always to the Course fees due being paid in full, Course certificates will be available for download within 14 days of completing the course/review day, whichever is the latter. NVQ certificates are supplied directly from VTCT and may take considerably longer. We cannot be responsible for any mistakes made on the certificate which are a result of incorrect details being provided by you at the student portal on our website. You are encouraged to double check these details following your booking.
10. PRACTICAL TRAINING RESCHEDULING
10.1 In some circumstances, we may need to change a practical training date, venue, or materials. We will use our reasonable endeavours to give you as much notice as possible but this may not be possible if there are circumstances beyond our reasonable control. Please see Term 5.2.
11. INTELLECTUAL PROPERTY
11.1 All design, text, graphics, images, content and other intellectual property contained in any of the Course materials, videos and manuals are, unless otherwise stated, the intellectual property Emily Louise Beauty & Aesthetics Ltd for their sole use in the UK and Ireland. The use of any of them other than for personal study for the particular Course/Courses which you have booked is not permitted. Any reproduction, modification, or other unlawful use of our intellectual property is strictly prohibited and may result in legal action being taken against you.
12. PRICE AND PAYMENT
12.1 Our Course fees appear on our website and are confirmed in your booking confirmation form.
12.2 In the event that we have made a mistake in the Course fees quoted to you (for example, due to a technical error), we will inform you of the error as soon as reasonably possible. In such circumstances you may either (a) pay the balance to us or (b) choose to cancel the Course, in which case this contract will come to an end and all fees will be refunded to you.
12.3 Unless Ezi Pay is available for your Course and we have accepted your Ezi Pay application (in which circumstances, please see below), all fees must be paid in full in advance of the Course.
12.4 Payment is made at the time of booking. You shall not be entitled by reason of any alleged minor defect or performance of service to withhold more then a proportionate amount of the sum due.
13. EZI PAY
13.1 Where we have accepted an Ezi Pay application by you, the agreed deposit of the Course fee must be paid on the date of your booking, with the remaining payments being taken automatically from the debit or credit card given by you at the time of your booking on the dates agreed between us in your booking.
13.2 If we are unable to take payment on any of the dates specified, we will charge you a reasonable fee taking in to our costs from dealing with the non payment, we will also charge you interest on the outstanding amount at 3% above the barclays bank base rate, if these amounts remain unpaid for more than seven days from the date on which they was due. We will inform you that payment has been declined as soon as reasonably practicable.
13.3 Course certificates will not be produced whilst any fees are due and outstanding.
14. EXCLUSION AND LIMITATION OF LIABILITY
This clause limits our liability to you and we suggest that you read through its provisions very carefully.
14.1 We do not exclude or limit liability for our negligence or negligent omission which causes you personal injury or death.
14.2 We shall only be liable for any loss or damage suffered by you which is a reasonably foreseeable consequence of a breach by us of this contract. In the event that any loss or damage suffered by you relates to your business activities then we exclude all liability for any business loss and in particular we exclude all liability for loss of profits or other economic loss arising out of a breach of this contract.
14.3 You should not take ANY personal items into the training centres. We cannot accept responsibility for any valuables or possessions which go missing or are damaged at the training venues unless this has been a result of our negligence.
15. YOUR PERSONAL INFORMATION
This clause limits our liability to you and we suggest that you read through its provisions very carefully.
15.1 We will keep all student/customer personal information private and confidential.
16. COMMUNICATING WITH US
16.1 You can always telephone our contact numbers which appear on our website.
16.1 However, for important matters we suggest that you send any communications by email to email@example.com using the email address which is logged on your student portal.
17. AMENDMENTS TO THE CONTRACT TERMS & CONDITIONS
We will have the right to amend the terms and conditions of this contract where:
17.1 We need to do so in order to comply with changes in the law or for regulatory reasons; or
17.2 We need to correct any errors or omissions (and this right includes the right to change any of the documentation which forms part of the contract), as long such correction is minor and does not materially affect the contract. Where we are making any amendment we will give you as much notice as is possible.
18. CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 1999
For the purposes of the Contracts (Rights of Third Parties) Act 1999 this contract is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.
19. LAWS AND JURISDICTION
This contract shall be governed and construed by the law of England and you and we agree to submit to the jurisdiction of the courts of England and Wales.
If there are any questions or queries regarding these Terms and Conditions, please contact us prior to enrolling on a course.
KITS & PRODUCTS PURCHASE TERMS
Making A Purchase
Emily Louise Signature is a TRADE supplier only this section relates to Trade/Business customers only.
The prices published are for nail technicians and beauty therapists (either trained or undertaking training) and salon owners. If proof of professional status cannot be provided then limited lines may be available to non trade persons at Recommended Retail Price and your invoice will be amended accordingly. If you are in any doubt please contact us. Goods are sold on the understanding that they will only be used for their intended purpose by fully trained therapists/technicians, or students taught under qualified instruction. Please note. Emily Louise Signature will not accept responsibility for damage or injury resulting from accidental misuse by untrained personnel. Emily Louise Signature goods are not sold on a sale or return basis.
If it is a NEW CUSTOMER making payment by card, we will:
Carry out appropriate SECURITY CHECKS to confirm the transaction is with the genuine cardholder
Deliver to the cardholder statement address only
Instruct the carriage company to obtain cardholder signature on delivery.
It is the CUSTOMER RESPONSIBILITY to CHECK THE ORDER UPON DELIVERY for accuracy, quality and damages and to notify Emily Louise Signature WITHIN 3 WORKING DAYS if there is ANY DISCREPANCY.
If the Customer breaches any of the Terms and Conditions of Sale, Emily Louise Signature may defer or cancel any further deliveries of Goods, stop any Goods in transit and treat the Order as terminated.
This does not affect your statutory rights.
Shipping & Handling
In the normal course of events, orders will be:
Delivered CARRIAGE FREE (in Mainland UK) if £100 (Net) and over in value. The exception, where a £100 (Net) and over order is excessive weight, the carriage charge will be agreed.
All other Orders will be subject to a £5.00 + VAT CARRIAGE CHARGE. Outside Mainland UK or for London Congestion other charges may apply.
Carriage charges cover packing and delivery.
In the normal course of events, Emily Louise Signature will deliver the Order to the ADDRESS SPECIFIED BY THE CUSTOMER at the time of placing the Order. Please Note if the delivery address is changed after despatch an additional carriage charge will apply.
Delivery Schedule In the normal course of events, orders will be:
DESPATCHED WITHIN 5 WORKING DAYS if placed by us onto our ordering system before 2.00pm.
Specific time for delivery will not form part of the Order. Although Emily Louise Signature will endeavour to deliver goods by a date agreed with the Customer, such a date is given in good faith and the company will not be liable for any failure to deliver by such a date.
Back Orders In the normal course of events, Emily Louise Signatre or represented suppliers will indicate on the invoice any items not in stock. These will be delivered to the Customer as soon as available.
You will always be contacted if we anticipate an excessive delay in supplying any item not in stock.
Tax Charges For goods (except books) ordered from the UK or the European Union, 20.00% VAT is added. Orders from other jurisdictions are VAT free and you should click the exempt button to reduce VAT to zero.
Credit Card Security Credit/debit card fraud prevention is an essential part of our service to you. We take our customers’ data security seriously. All transaction information passed between Emily Louise Singature and Sage Pay’s systems is encrypted using 128 bit SSL certificates. No cardholder information is ever passed unencrypted and any messages sent to servers from Sage Pay are signed using MD5 hashing to prevent tampering. You can be completely assured that nothing you pass to Sage Pay’s servers can be examined, used or modified by any third parties attempting to gain access to sensitive information.
Guarantee Emily Louise Signature will have no liability to the Customer whatsoever in respect of incorrect storage of the Goods or failure to observe the instructions or recommendations regarding the use of the Goods.
Returns Policy UNSATISFACTORY QUALITY / DAMAGED IN TRANSIT
Emily Louise Signature will accept the return of Goods if unsatisfactory quality / damaged in transit if
i. Notified to us within 3 WORKING DAYS OF DELIVERY
ii. Returned to us WITHIN 7 WORKING DAYS
iii. We are satisfied that the Goods have not been opened or used any more than necessary to identify the need to return
iv. We are satisfied that the Goods are unsatisfactory quality / damaged in transit.
Emily Louise Signature at its discretion will either replace or repair the Goods so that they comply with the contract. If we unable to replace or repair the Goods we will issue a Credit Note.
Unless Goods are returned to Emily Louise Signature due to the above, the Customer will not be entitled to return Goods to Emily Louise Signature after delivery.
Returns (Other than goods of unsatisfactory quality / damaged in transit
Emily Louise Signature will be entitled to refuse to accept the return of Goods at its entire discretion. In the case of chemical products Emily Louise Signature will not replace or refund these Goods due to risk of contamination after leaving the premises. Emily Louise Signature is unable to refund/exchange or replace electrical bulbs under any circumstances.
If Emily Louise Signature does agree to accept the return of Goods then the Customer will pay for the Goods to be returned by appropriate means. If return is accepted the Goods must be
i. Notified to us within 3 WORKING DAYS OF DELIVERY
ii. Returned to us WITHIN 7 WORKING DAYS OF DELIVERY
iii.Be returned unopened, unused and in resaleable condition.
Under these circumstances, the Customer who returns the goods will normally incur a 15% of the price paid + VAT handling charge.
Remittance Terms Orders will not be processed until payment has been received in full and cleared.
If the Customer fails to make payment, Emily Louise Signature may defer or cancel any further deliveries of Goods, stop any Goods in transit and treat the Order as terminated.