Training Course Terms and Conditions
It is important that you read these Terms and Conditions before making any booking with us. Once a booking has been made and accepted by us, you will enter into a legally binding contract with us on the terms below.
1 The meaning of some words used in these terms and conditions
‘we’, ‘us’ or ‘our’
is a reference to e.l.k
‘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
is a reference to both us and you;
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.Our training courses are for trade customers.
3.1 The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 permits consumers 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 within 14 working days as long as you do not (a) access any of the digital content (on-line training material or entered our secure on-line student portal) or (b) attend a Course practical training day/s, at which point you will no longer be able to cancel the 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 (email us for this.)
3.2.2 you will need to send us the notice of cancellation within the 14 period stating 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 30 days.
4 Providing the Services
4.1 Once we and you have entered into a legally binding contract we will provide you with the appropriate digital content (course manuals and video tutorials, where applicable) via our on-line secure student portal or via email 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 5.2
4.2 Our aim is to always provide you with the Services:
4.2.1 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.
4.2.2 in compliance with commonly accepted practices and standards in the beauty industry; and
4.2.3 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 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. Sometimes, 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 re-scheduled you will have the following options:
a.You will be provided with new dates in the same venue of your original booking
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 corresponding invoice.
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 any-time or your electronic study material.
5.3 We cannot guarantee your place on practical training until you have paid all fees due to us pursuant to the payment terms that apply to you. Unless otherwise specified, fees are non-refundable and non-transferable.
5.4 You are required to be at the location of the practical training 15 minutes prior to the stated commencement time in your booking confirmation form. If you fail to attend the practical training, you may lose the fees that you have already paid to us. If you are using any of our payment plan options, any outstanding fees will continue to be payable. Our accrediting bodies require us to confirm that you have attended the practical training and completed the course.
5.5 Where a review day or assessments are 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 review date will result in you losing the fees paid to us and not gaining certification. In exceptional circumstances we maybe able to change the date of your review/assessment under our discretion. In this event an administration fee of £75 + VAT will be charged for changes within 7 days of the scheduled date, outside of this a charge of £45 + VAT will be charged. We are unable to guarantee that any review date, other then the original, will run as scheduled. Non attendance for practical training and/or assessments/review days will result in you loosing 100% of the training fees paid.
5.6 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.
5.7 As part of your course fee, you understand that you are entitled to one complementary assessment or review day. (This applies to distance learning only.)If on attending a second assessment you have not met the standards required for accreditation you will be required to pay a fee of £75 + VAT for each further assessment.
5.8 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 incurred 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..
7 Distance Learning Courses, On-line Training Material & Student Portal
7.1 On successful completion of your course you will be award with an e.l.k Beauty London certificate, which is an in-house qualification and insurable by Westminster Indemnity and various other professional insurance companies. Students who wish to gain full accreditation by PBD will be required to attend an assessment at one of our regional training centres if required as part of your chosen course. Without full accreditation you may not be able to gain insurance. Please be advised that there will be an additional fee for assessments where stated , so please contact us for details.
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, Fire Fox, 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 If there are any technical issues with your student portal access or displaying, downloading or viewing our digital content you MUST report this within 14 days of the date of order by emailing firstname.lastname@example.org 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 manuals 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 please contact us at: email@example.com
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 t-shirt 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 losses (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, you must provide a model at your own expense and subject to our prior agreement. You understand it is your responsibility to have the necessary 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. 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 or via email. 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.
10.2 In the event that a practical training session is re-scheduled, we will endeavour to provide you with a suitable alternative rescheduled date or venue which you must attend. If you are not able to attend a rescheduled date then there are options for you. Please see 5.2 for further details.
11 Intellectual Property
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 of e.l.k Beauty London. 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 you have opted for a monthly payment plan through one of our partners CMF is available for your Course and we have accepted your application (in which circumstances, please see below), all fees must be paid in full in advance of the Course. Unless otherwise specified, these fees are non-transferable and non-refundable.
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 Pay monthly
13.1 Where we have accepted a pay monthly 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, CMF Finance in your booking.
13.2 If we are unable to take payment on any of the dates specified, an administration fee of £45 + VAT will be payable. We will inform you that payment has been declined as soon as possible. We may also charge you interest at 3% above the base rate of Barclay’s Bank Plc from time to time on any outstanding amounts, if these amounts remain unpaid for more than 7 days from the date on which they were due.
13.4 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
15.1 We will keep all student/customer personal information private and confidential. Please note that we may share your information with our selected partners for products and services we believe may be of interest to you. If you do not want your information to be shared in this way, please let us know either by email or by post.
16 Communicating with us
16.1 You can always telephone – our contact numbers appear on our website.
16.2 However, for important matters we suggest that you send any communications by email to firstname.lastname@example.org.
17 Amendments to the contract terms and 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 Law 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.
20 Kits and Products Purchase Terms
Making A Purchase
e.l.k Beauty London is a TRADE supplier only.
The prices published are for clinicians, nurses, aesthetic nurses, doctors, professionals, 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. e.l.k will not accept responsibility for damage or injury resulting from accidental misuse by untrained personnel. e.l.k 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 card holder
–Deliver to the card-holder statement address only
–Instruct the carriage company to obtain card-holder signature on delivery.
It is the CUSTOMER RESPONSIBILITY to CHECK THE ORDER UPON DELIVERY for accuracy, quality and damages and to notify e.l.k Beauty London WITHIN 3 WORKING DAYS if there is ANY DISCREPANCY.
If the Customer breaches any of the Terms and Conditions of Sale, e.l.k Beauty London 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 And Handling
In the normal course of events, orders will be:
–Delivered CARRIAGE FREE (in Mainland UK) if £150 (Net) and over in value. The exception, where a £150 (Net) and over order is excessive weight, the carriage charge will be agreed.
–All other Orders will be subject to a £6.95 CARRIAGE CHARGE for packages up to 5kg. Outside Mainland UK or for London Congestion other charges may apply.
Carriage charges cover packing and delivery.
For EU, worldwide deliveries please contact us.