Terms of Sale for
1. Terms of Sale
1.1. All Products and Lessons are sold on these Terms of Sale.
1.2. We may update these Terms of Sale from time to time at our discretion. If we do so, we shall send you the updated version and it will be effective only on the next payment of the Price by you. Accordingly, we recommend that you review these Terms of Sale before every purchase of Goods and every payment of Lessons that you make. However, if the change to these Terms of Sale significantly affect your rights and obligations in relation to Lessons, you may, notwithstanding any other provision of these Terms of Sale, cancel your contract for Lessons on notice to us, or if we agree, continue to purchase Lessons under the previous Terms of Sale without amendment.
1.3. If you have any questions on these Terms of Sale, please Contact Us.
2. Definitions
2.1. In these Terms of Sale, the following words have the following meanings:
Lessons: the piano, music theory or accordion lessons that you purchase from us;
Products: the Products to be supplied by us;
Price: the price for the Products or Lessons;
Site: this website, www.kensingtonpianolessons.com;
Student: the individual attending the Lessons if not you;
Teacher: the individual who provides the Lessons to the Student;
we: Kensington Piano Lessons Limited, a company incorporated in England and Wales with registered number 10746498 whose registered office is at 63 Warren House, Warwick Road, Beckford Close, London, W14 8TT; and
you: the individual placing an order for Products or purchasing Lessons.
2.2. Where appropriate, words denoting the singular only shall include the plural and vice versa.
2.3. A reference to a Condition is a reference to a Condition of these Terms of Sale.
3. Products
3.1. All Products are subject to availability. We will inform you as soon as possible if the Products ordered are not available and we may offer an alternative Product of equal or higher quality and value, or provide a refund for the Price paid.
3.2. We try to display the colours of the Products accurately. However, the actual colours you see will depend on your device and we cannot guarantee that your device’s display of any colour will accurately reflect the colour of the Products on delivery.
3.3. You may only purchase Products from us if you are at least 18 years old and the delivery address is in the United Kingdom. Please contact us if you would like to order a Product for delivery outside of the United Kingdom. At our request, you shall provide documentary evidence of your age.
4. Price and Delivery of the Products
4.1. We must receive payment of the whole of the Price for the Products that you order, including the delivery cost before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide to us. Our acceptance of your order brings into existence a legally binding contract between us on these Terms of Sale.
4.2. The Price payable for Products and the costs of delivery are set out on the Site. We reserve the right to change the Price and costs of delivery at any time, although such changes shall not apply to any order already accepted by us.
4.3. You must make sure that all information you provide to us, including email and delivery address is accurate. We will not refund you or deliver replacement Products if we have delivered the Products to the address you provided to us – even if you have not given us your correct address. A signature may be required on delivery.
4.4. We will use all reasonable endeavours to deliver the Products in accordance with the delivery timescale you select. If you do not receive the Products within such timescale, you should notify us accordingly. If we are unable to deliver the Products within 30 days, we shall contact you to discuss delivery of the Products and if you wish, we shall cancel your order and refund the Price paid.
5. Your Right to Cancel Products
5.1. You may cancel your contract with us for the Products ordered through the Site by Contacting Us within 14 days from the date you receive the Products, clearly stating the following: your name, geographical address, your phone number, email address and full details of the order you wish to cancel.
5.2. If you do cancel your contract, you must take reasonable care of the Products whilst they are in your possession. You must return the Products to us within 14 days of the notice to cancel, and you must return the Products at your own cost and risk. We strongly recommend that you send the Products back to us via a recorded post service and obtain a certificate of posting. Please also make sure you package the Products appropriately to avoid damage.
5.3. We will refund any sums paid for the Products returned and, if you return the whole (not part) of the order, we will refund the delivery costs you paid up to the price of standard delivery. We will refund you using the same means of payment that you used to purchase the Products.
5.4. If you do not return all of the Products that you have cancelled in accordance with our request, or you do not pay the costs of returning them to us, or the Products are damaged during the course of returning the Products, we shall be entitled to deduct from the amount to be refunded to you the direct costs of recovering the Products or to reflect the loss or damage to the Products.
5.5. The provisions of this Condition 5 do not affect your consumer statutory rights. We confirm that the Products shall be of satisfactory quality, fit for purpose and comply with the description we have provided to you. If this isn’t the case, and the Products we deliver are not what you ordered or are damaged or defective, please let us know and we will either (a) replace any Products that are damaged or defective; or (b) refund to you the amount paid by you for the Products in question. You must return the Products to us or make the Products available for collection in accordance with our reasonable request as soon as possible after informing us that the Products are damaged or have been incorrectly supplied. You should also send us appropriate evidence, including photographs, of any damaged or defective Products.
6. Our right to cancel an order for Products
6.1. We reserve the right to cancel the contract between us if (a) we have insufficient stock to deliver the Products you have ordered; (b) we do not deliver Products to your delivery address; (c) we cannot obtain authorisation for your payment; (d) we cannot verify that you are aged 18 or over; and/or (e) one or more of the Products you ordered was listed at an incorrect Price due to a typographical error or an error in the pricing information received by us from our suppliers.
6.2. If we do cancel your contract we will notify you by e-mail and will refund you all sums paid within 30 days of the date of receipt of the order. We will not be obliged to offer any additional compensation for disappointment suffered.
7. Lessons
7.1. If you wish to purchase Lessons from us, you need to complete our application form and we shall create an account for you on our Site. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your devices to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account. Please contact us immediately if you think there has been any unauthorised access to your account.
7.2. The information about you and the Student that you provide us with must be correct and complete and we ask that you let us know immediately of any changes to the information that you have provided to us. In accordance with our Privacy Policy, if you provide to us personal data about any other individual, you must have their consent to do so. In particular, if you provide to us information about a person under the age of 18, we may ask for confirmation of your relationship with that person, and you confirm you have the lawful right to provide their information to us.
7.3. We may contact you about your account from time to time by email or within your account.
7.4. You may need to pay an administration fee and a joining fee in addition to the Price of your Lessons. You can get details of these charges from us or otherwise on the Site. We reserve the right to increase the Price on at least two months’ written notice to you.
7.5. Students must be at least age 5 to attend Lessons. Students under the age of 18 must be accompanied by a parent or legal guardian to all of their Lessons. We will not refund the Price for any Lesson if this requirement is not met. Lessons are generally provided at our studio. If we agree to provide the Lesson at any other venue, you agree that (a) you have the right to allow the Teacher to attend the venue and provide the Lesson; and (b) the venue is appropriate, safe and suitable for the provision of the Lesson. We may refuse to provide Lessons at any venue you choose at any time if we believe that the venue is not suitable for any reason. For the avoidance of doubt, no refund or credit is due if the Teacher attends the venue but is unable to gain entry.
7.6. Lessons can be bought on the basis of either (a) Pay Per Month; (b) Pay Per Term; or (c) Pay As You Go. Pay Per Month and Pay Per Term contracts continue on an ongoing basis unless and until the cancellation notice required is received by us.
Pay Per Month
When to pay: Payment for the first month is due on the date of your application. We will then invoice you separately for the remainder of the calendar month. For example, if you made your registration application on 15 January 2019, you will be automatically charged for the period between 15 January 2019 – 14 February 2019, and we will additionally invoice you for the period between 15 February and 28 February. You will be paying monthly in advance by direct debit or standing order from 1 March 2019.
How to cancel: You cannot cancel until at least two full calendar months’ have passed from the 1st day of the month after you made your application. For example, if you made your application on 15 January 2019, your initial period will be between 15 January 2019 and 31 March 2019. You can then cancel on at least 1 full calendar month’s notice. If we do not receive your notice by the first day of your intended final month, your contract will not end at the end of that month. Instead, we will treat your notice as if we received it on the first day of the following month and your contract will not end until the end of that following month.
If when you make the application, you have not agreed the date and time of the first Lesson, you may cancel your contract and obtain a full refund, provided that you notify us within 14 days of the date of your application. However, if the Student has attended a Lesson during that time, we will deduct the Price for that Lesson from the refund.
There are no lessons during Christmas week, New Year week and Easter week – you will be credited for these 3 Lessons. In addition, provided you have purchased at least 12 months of Lessons, you can select 3 Lessons that you cannot attend during that 12 month period and provided you do not attend those Lessons we will credit your account accordingly. This credit allowance is not available in the first 3 calendar months and requires 48 hours’ notice in writing.
Pay Per Term
When to pay: Payment for the whole of the academic term is due on the date of your application, unless you start during an academic term, in which case the fee is calculated pro-rata. For example, if your application was made on 11 February 2019, this is during the Spring Term 2019 (7 January 2019 – 31 March 2019). Payment is due from 11 February 2019 until 31 March 2019. Your minimum contract is therefore from 11 February 2019 to 31 March 2019. For details of our terms dates please see here. Fees are then due termly in advance by the first day of the term.
How to cancel: You cannot cancel during an academic term. Any notice to cancel will be treated as a cancellation from the last day of the academic term. For example, if we receive your notice on 9 January 2019 (Spring Term 2019 – 7 January 2019 – 31 March 2019), your contract will end on 31 March 2019. If we do not receive your notice on or before the last day of the academic term, you contract will not end at the end of that academic term, and the following academic term’s fees will be payable in full. For example: If we receive your notice on 1 April 2019, your contract will continue to run until the end of the following academic term (Summer Term 2019), i.e. until 14 July 2019, and the Summer Term 2019 fees will be payable in full. Your contract will then be cancelled at the end of Summer Term 2019.
If when you make the application, you have not agreed the date and time of the first Lesson, you may cancel your contract and obtain a full refund, provided that you notify us within 14 days of the date of your application. However, if the Student has attended a Lesson during that time, we will deduct the Price for that Lesson from the refund.
Pay As You Go
When to pay: You must pay for a Lesson in advance and you must arrange a Lesson within 12 months of the purchase date of the Lesson. For example: if you buy 20 Lessons on 1 January 2019, you must have attended those 20 Lessons by 1 January 2020. No refund is due for any Lessons you have not booked and attended. All Lessons times are subject to availability until they are booked.
How to cancel: If when you purchase Pay As You Go credits you have not agreed the date and time of the first Lesson, you may cancel your contract and obtain a full refund, provided that you notify us within 14 days of the date of your purchase. You cannot cancel a Lesson once it has been booked.
7.7. If you want to give notice to cancel in accordance with the rights to do so above, please email info@kensingtonpianolessons.com. We will confirm we have received your notice within 10 days of receiving it. If you do not receive this confirmation within 10 days, you must immediately let us know, so we can check whether we have received it. Please note that cancelling your direct debit or standing order does not cancel your contract for Lessons.
7.8. If you need to cancel a Lesson at any time, please give us at least 48 hours’ notice and we will try to reschedule the Lesson. If we are unable to do so, we will not refund the Price for the Lesson. If you are late to attend a Lesson or do not attend any Lesson, again, no refund or credit is due.
7.9. We reserve the right to discontinue Lessons if a Student’s progress, effort, attendance or behaviour is unsatisfactory or inappropriate, or if the parent or guardian attending the Lesson’s behaviour is inappropriate.
7.10. If any part of a Lesson missed because a Student is late, the Lesson will not be extended and no refund or credit is due.
7.11. If any part of the Price for your contract is not paid by the due date, we will write to you to let you know. If you are paying by direct debit, we will try to take this payment from your account again later in the month. If that is unsuccessful, but your direct debit instruction is still in force, we will try to take payment again in the following month for the payment you have missed and the amount due for the current month. We may refer any missed payments, including any future payments that are due as part of your contract (for example, payments you owe for the rest of an initial period or notice period), to a debt-collection agency. If you fall behind with your contract payments for more than 30 days, we will charge you an administration fee of £50. We will also charge an administration fee of £10 for each missed payment. If you do not pay for your contract, we may prevent you from entering our studio and attending Lessons. This does not mean we will end your contract, and accordingly all outstanding Prices shall remain due. Once all outstanding Prices have been paid in full, we shall reschedule any Lessons that you have missed.
8. Teachers
8.1. We shall select the Teacher to attend the Lesson at our studio or such other venue as we may notify to you on at least 2 months’ notice. Please do not pay the Teacher directly. If the Teacher requests direct payment, you should notify us immediately.
8.2. We shall use reasonable endeavours to ensure that a Teacher attends all Lessons. If the Teacher does not attend a Lesson for any reason, please let us know and we will credit you with an additional Lesson.
8.3. We make reasonable efforts to investigate the backgrounds and experience of the Teachers. We agree that the Teacher shall provide the Lessons to the Student with reasonable skill and care. All our Teachers are appropriately experienced and qualified to provide the Lessons.
8.4. We shall notify you if we become aware that the Teacher no longer intends to provide the Lessons, and we shall use reasonable endeavours to find an alternative Teacher. If we are unable to find an alternative Teacher to attend Lessons at the same time as the previous Teacher, we shall refund to you the Price paid for Lessons not yet received. If we are able to provide an alternative Teacher to attend Lessons at the same time as the previous Teacher, no refunds or credits shall be due.
8.5. If the Teacher is absent, every effort will be made to ensure that the missed Lesson is made up as soon as possible. In some circumstances, the Lesson may be made up the following month or term. We shall only refund the Price of a Lesson missed by a Teacher if we are unable to reschedule that Lesson.
9. Lesson Complaints
9.1. We strive to make sure that all Students are happy with their Lessons. However, we understand that from time to time, there may be issues that arise between a Student and a Teacher or between Student and us. Accordingly, if you have any complaints or concerns about a Lesson or a Teacher, we encourage you and the Student first to discuss the position with the Teacher to attempt to resolve the issue. If the Student or you are unable to resolve the issue with the Teacher and wish to raise the complaint with us, please: (a) notify us with details of the identity of the Teacher the time and date of the relevant Lesson (if appropriate), and full details of the complaint or concern and any steps that have been taken to resolve it to date, together with the outcome that is hoped for; (b) we will promptly contact the Teacher to inform them of the complaint and to understand the Teacher’s view of the complaint and what steps have been taken to resolve it to date; and (c) we will investigate the complaint thoroughly and fairly, and you agree to co-operate in such investigation including by providing further information as and when requested to do so.
9.2. Nothing in this Condition 9 shall affect your statutory rights as a consumer.
10. Gift certificates
10.1. Gift certificates are not redeemable for cash and cannot be returned for a cash refund.
10.2. Gift certificates are non-exchangeable and non-transferable.
10.3. Gift certificates are valid for one year from the issue date.
10.4. All Lessons times are subject to availability until they are booked through a Gift Certificate.
11. Liability
11.1. Save to provide a refund for the Price paid as set out in these Terms of Sale, we shall have no additional liability to you for any failure to deliver Products or provide Lessons or any delay in doing so that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
11.2 Furthermore, we shall not be liable for any loss that is not reasonably foreseeable as an obvious consequence of our failure to comply with these Terms of Sale. To the extent permitted by law, our maximum liability to you shall be the Price paid for the Product or the Lesson that are the subject of your claim.
11.3. We do not promise that a Student’s musical ability will be improved as a result of the Lessons. We encourage Students to practise daily at home or elsewhere either on a piano or on a digital 88-note keyboard that is touch sensitive and has weighted action. A Student’s commitment to practise will greatly impact on their progress.
11.4. Nothing in these Terms of Sale is intended to limit any rights or remedies that you might have as a consumer under applicable statutory rights, for fraud, death or personal injury or other loss that may not be excluded or limited by English law. For further information about your legal rights, contact your local authority Trading Standards Department or Citizen’s Advice Bureau.
12. General
12.1. If you have any complaint or wish to raise a dispute please contact us first as set out in these Terms of Sale, but you may also follow this link https://ec.europa.eu/odr
12.2. If any provision of these Terms of Sale is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties and all other provisions shall remain in full force and effect.
12.3. Our failure to exercise or enforce any right or provision of these Terms of Sale shall not constitute a waiver of such right or provision.
12.4. We shall process all personal data that you provide to us in accordance with the terms of our Privacy Policy located on the Site.
12.5. These Terms of Sale shall be governed by and construed in accordance with English law and you agree to submit to the exclusive jurisdiction of the English Courts.
Last updated: January 2019