This page (together with the documents expressly referred to in it) tells you information about us and the legal terms and conditions ("Terms") on which we sell any of the products ("Products") listed on our website, www.flyingfantastic.co.uk (the "Website"). These Terms also govern your membership with us.
These Terms will apply to any contract between us for the sale of Products to you ("Contract"). Please read these Terms carefully and make sure that you understand them, before ordering any Products from the Website. Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in it.
If you refuse to accept these Terms, you will not be able to order any Products from the Website. You should print a copy of these Terms or save them to your computer for future reference. We amend these Terms from time to time. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms, and any Contract between us, are only in the English language.
We sell our classes (‘Products’) on a single purchase model and spaces are limited. You may pre-purchase more than one classes’ worth of credits and allocate these against classes as you wish to use them. Pre-purchase of credits will be eligible for a discount. Purchasing one class at any time does not guarantee you access to any future classes.
The images of the merchandise and physical products (‘Products’) on the Website are for illustrative purposes only. Your Products may vary slightly from those images but we endeavour to make all images a true representation of the Product. The packaging of the Products may vary from that shown on images on the Website.
All Products shown on the Website are subject to availability. We will inform you by email as soon as possible if the Product you have ordered is not available and we will not process your order.
Time is not of the essence for any obligation in this agreement.
You may only purchase Products from the Website if you are at least 18 years old.
Except where otherwise stated, promotions for free or discounted Product are available to new customers only. Discounted and introductory offers are only available once to any one person and a maximum of one promotional voucher code can be redeemed per household. Subsequent attempts to use promotional vouchers or offers by the same person at any address, or by another person at the same address, are not permitted.
A voucher may only be used once and may not be copied, reproduced, distributed or published in any form without prior written approval from a member of the Flying Fantastic team. We reserve the right to suspend or cancel introductory offers, vouchers and other promotions at any time. Valid debit or credit card details are required for payment to be taken. Flying Fantastic reserves the right to reject the use of a voucher if we have reason to suspect these Terms have been breached.
The prices of the Products will be as quoted on the Website at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, the following shall apply:
Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with an email confirmation. The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of the class or delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
It is always possible that, despite our reasonable efforts, some of the Products on the Website may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that: where the Product's correct price is less than the price stated on the Website, we will charge the lower amount when dispatching the Products to you. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing, we do not have to provide the Products to you at the incorrect (lower) price; and if the Product's correct price is higher than the price stated on the Website, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. We do not in any way exclude or limit our liability for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and defective products under the Consumer Protection Act 1987.
Subject to the clauses in this contract, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed £100 or 300% of the price of the Products, whichever is lower.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lockouts or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract: we will contact you as soon as reasonably possible to notify you; and our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our Products to you, we will arrange a new date for the Product to be delivered or attended with you after the Event Outside Our Control is over.
We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. These Terms and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).