If you require more specific information than this or just a quick answer, please see the FAQ page, where most regular questions can be answered.
TERMS AND CONDITIONS OF BUSINESS
1. This website is operated by Rachael Wilders Academy, also encompassing KISS education. Terms such as “we”, “us” and “our” refer to Rachael WIlders Academy where they are used in these terms and conditions.
2. By purchasing something from our ecommerce store, you agree to be bound by the terms and conditions contained in this document.
4. We will take all reasonable care to ensure that the details displayed for a particular item offered for sale are correct at the time when the information was entered onto the system.
5. Whilst care is taken to ensure that we display as accurately as possible appearances, colours, textures or finishes, what you will see on your computer monitor, phone or equipment may differ and so we cannot guarantee that images are an accurate representation of the actual goods or services that you are purchasing.
6. We may not be able to accept your order due to one or more of the following reasons, or for a reason not listed below:
i) The item you have ordered is out of stock
ii) We cannot authorise your payment or have reasonable grounds to suspect your payment may be fraudulent.
iii) There has been a pricing or product description error.
iv) There is a system or procurement failure.
v) You have failed our customer validation checks.
7. When you place an order you will receive an email confirming the details of your order. This email is not confirmation that your order has been accepted by us.
8. Your order will only be accepted by us once your goods have been dispatched.
9. On completing your purchase you will be presented with an approximate timescale. Where an estimated timescale for delivery is provided, this is an estimate only and your items may be delayed in being received due to circumstances beyond our control (such as a courier delay, or at busy times).
10. We aim to have all orders with you within seven business days. We are a small business and although most orders are processed and dispatched within two to three days, we put a timescale of seven business days on every order due to the high volume of orders being picked and packed by a small team. If you cannot accept this timescale please do not place the order.
11. If you wish to cancel an order you have placed you must contact us immediately to ascertain whether the items have been processed/dispatched or not. Where they have been dispatched, you will need to return the item to us in an unused and unopened RESALEABLE condition and you will be responsible for paying the cost of returning the items.
12. Where items have not been dispatched prior to a cancellation request our refund policy will apply.
13. Where you have ordered a personalised, perishable or time critical item (such as food, newspapers, event tickets or e-vouchers) you may not be able to cancel for a full refund.
LIABILITY AND INDEMNITY
14.Rachael Wilders Academy shall not be liable for any direct, special, indirect or consequential or incidental damages including loss of profit or loss of opportunity as a result of the use of or the inability to use any items that have been ordered on this website.
15. You agree to indemnify us and our agents, officers, directors and employees, immediately and on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of any of our terms and conditions.
16. These terms and conditions shall be governed in accordance with the laws of England and are subject to the exclusive jurisdiction of the courts of England & Wales.
17. These terms and conditions constitute the entire agreement between the parties and supersede any and all preceding and contemporaneous agreements between you and Rachael Wilders Academy whether written or oral.
18. We may change these terms and conditions at any time.
19. Should any part-term or term be found to be unenforceable then the remainder of the terms and conditions shall continue to have full force and effect as if the invalidated term was not present.
20. Should any delay or failure to comply with our obligations under these terms and conditions arise where it is beyond our reasonable control, we will not be responsible to you for such delay or failure.
TRAINING COURSE BOOKING (VIA WEBSITE, PHONE, OR ANY ONLINE)
21. 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.
22. ‘We’, ‘us’ or ‘our’ is a reference to Rachael Wilders Academy or KISS education.
‘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.
23. When you place your order/booking for one or more of our services it is an offer by you to enter into a legal contract with us. You and we will only enter into a binding contract when you receive notification from us that we accepted your order/booking. Once we accept your order/booking, a binding contract between you and us will come into being subject to these terms and conditions. You should keep a copy of these terms and conditions for your records. If you have any questions concerning them, please ask us.
RIGHT TO CANCEL (applicable to any Rachael Wilders Academy or KISS education class offered by Rachael Wilders in the UK, this may not apply to classes hosted and organised by a third party).
24. The Consumer protection (Distance Selling) Regulations 2000 permits consumers to cancel a contract after it is has been entered into subject to certain limitations and requirements. You will have the right to cancel the contract within seven business days as long as you do not attend course practical training days, at which point you will no longer be able to cancel the contract.
25. If you have the right to cancel then: You will need to send a notice in or via email to us stating all booking details & that you wish to cancel the contract between us and you; and you will need to send us the notice of cancellation within seven business days, with the seven nusiness days period starting with the day after you receive our confirmation that there is a binding contract between you and us. You can send us the notice of cancellation by e-mail to or by post to Rachael Wilders Academy, Unit 1, Thurnscoe Business Centre, Princess Drive, Thurnscoe, Rotherham, S63 0BL, to be marked for the attention of the education director. If you require a copy of these booking terms then please ask at any time.
26. After we receive your notice of cancellation we will refund any money you have paid to us within 30 days.
PROVIDING THE SERVICES
27. Once we and you have entered into a legally binding contract we will provide you with the appropriate course manuals/worksheets on the day and any kits included in the course.
28. Our aim is to always provide you with the services; Using reasonable care and skill; In compliance with commonly accepted practices and standards in the beauty industry; and In compliance with the laws and regulations of England and Wales in force at the time we are carry out the services.
29. Your fees for your chosen course will be clearly displayed on booking whether full price or a discount has been applied. This will also be confirmed to you via email by upon booking. Any outstanding fees are expected to be paid seven days prior to your first class date. If you have requested a payment plan for multiple class bookings or for the signature beginner class, then this will be confirmed upon booking & also it will be confirmed on your enrollment to the course by your mentor. You will be requested to sign a payment plan for our records.
30. You will be sent a reminder email approximately 14 days prior to the start of your class.
31. Should the fees remain unpaid seven days prior to the start of your class, your class place will be cancelled & re-advertised & you will lose any fees already paid. You will not receive products, manuals, discs, information or practical training if you choose not to pay the full balance of the course as required.
32. Courses include practical training sessions which will take place on the date and time and at the venue as specified in your booking confirmation email. Sometimes, we may need to change the date and/or venue and if this occurs you will be notified as soon as possible.
33. We cannot guarantee your place on a course 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. All classes can be reserved with a deposit of varying amounts depending on the course.
34. You are required to be at the location of the practical training 15 minutes prior to class start time in your booking confirmation email. If you fail to attend the practical training, you may lose the fees that you have already paid to us. If you are using our flexible payment plan, any outstanding fees will continue to be payable. Our accreditation requires us to confirm that you have attended the practical training and completed the course.
35.In extreme circumstances, such as severe illness or other emergency that prevents you from attendance, we may be able to reschedule your practical training. In those circumstances, a fee may be charged. If you are late for any practical training sessions, you risk your place being cancelled with no rearrangement available, to avoid disruption to other learners.
36. You are required to attend the practical training at the times stated in your booking confirmation.
37. Failure to attend for any of the periods stated in the booking confirmation email may result in us being unable to provide you with your certificate.
38. Where a practical assessment is required you will be informed of the time and date upon confirmation of you course. Should you not pass the practical assessment we will offer you a free resit at mutual convenience to you and your mentor within 90 days. This will usually be in conjunction to another class similar tot he one you did. Once you confirm the reassessment date and time, this is non transferable. There is no charge for one reassessment.
39. Should you not attend the reassessment, fail the reassessment or cancel the reassessment, you will be charged a £50 rebooking fee.
YOUR CONDUCT & OBLIGATIONS BEFORE, DURING & AFTER YOUR COURSE
Before the practical training.
40. For courses that require home study, you must ensure that you carry out the studies as stated in the relevant course manuals. Failure to do so may lead to you failing the course and not being provided with a certificate.
41. Some courses require students to complete a patch test prior to attending the practical training session. It is the student’s 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 ask your tutor.
During the practical training
During the course you must, at all times:
42. Act and behave appropriately. Abuse or antisocial behaviour towards either our trainers or other students will not be tolerated.
43. Dress appropriately in smart, comfortable clothing. Tunics may be worn or alternatively black trousers and a black t-shirt may be worn. Full coverage shoes should be worn also. If you have any queries, please contact us.
44. Ensure that your hair is tied away from your face.
45. Failure to comply with these terms may lead to your expulsion from the course. In such cases, any fees you have paid to us will be lost and any outstanding fees will continue to be payable. We reserve the right to make further regulations as and when necessary for the health and safety of our staff and other students.
46. 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.
47. For health and safety reasons, children are not permitted at the practical training venues.
48. Mobile phones must remain switched off throughout.
49. 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.
50. If you are attending practical training nail/pedicure sessions, nail enhancements must not be worn.
51. If you are attending a practical training session in waxing, you are required to grow body hair and be worked on by other students.
52. If you are attending a practical training session in eyelash extensions, previous eyelash extensions must be removed.
After the practical training
53. Where a review day is required, you must ensure that you attend the review day on the date and time given to you on your booking confirmation form, or as subsequently notified to you. Failure to attend the review day may result in us being unable to provide you with your certificate.
54. If you are unable to attend the review day, we may be able to reschedule the review day. In those circumstances, an administration fee may be charged.
CANCELLATION BY US
55. In extreme 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.
56. 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 you will be given a credit equal to the sums you have already paid which you will be able to redeem against any future practical training dates you may decide to book.
57. Subject always to the Course fees due being paid in full, course certificates will be sent to you within four weeks of completion of the course or the assessment day, however some certificates are issued on the day. We cannot be responsible for any mistakes made on the certificate which are a result of incorrect details being provided by you on the class registration form at the start of your class. You are encouraged to double-check these details following your booking.
58. The price of the course includes standard UK delivery of course certificates. For addresses outside the UK, a separate charge may be levied.
59. Certificates can also be collected from any training venue by request.
60. If you require a certificate to be amended due to incorrect information being provided by you, an administration charge of £10 will be payable and the original certificate returned to us.
61. If you require a certificate to be reproduced, an administration charge will be payable. Within a year of the course from your class date it is £10, over this is £25.
62. Course certificates will not be produced or sent whilst any fees are due and outstanding.
63. 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 Rachael Wilders Academy. 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.
EXCLUSION & LIMITATION OF LIABILITY
This clause limits our liability to you and we suggest that you read through its provisions very carefully.
64. We do not exclude or limit liability for our negligence or negligent omission which causes you personal injury or death.
65. 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.
66. We cannot accept responsibility for any valuables or possessions which go missing or are damaged at the training venues.
YOUR PERSONAL INFORMATION
67. 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.
COMMUNICATING WITH US
68. You can always telephone. You can call head office on 01977820939. Wherever possible we will answer immediately & we will reply to any answer machine messages within 24 working hours.
69. Email any enquiries to
6 Amendments to the contract terms and conditions
We will have the right to amend the terms and conditions of this contract where:
16.1 We need to do so in order to comply with changes in the law or for regulatory reasons; or
16.2 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 as 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.
17 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.
18 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.
Kits and Products Purchase Terms
Making a Purchase
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: Rachael WIlders Academy will not accept responsibility for damage or injury resulting from accidental misuse by untrained personnel. Rachael WIlders Academy goods, or any products available to purchase are not sold on a sale or return basis.
It is the CUSTOMER RESPONSIBILITY to CHECK THE ORDER UPON DELIVERY for accuracy, quality and damages and to notify Rachael Wilders Academy WITHIN THREE BUSINESS DAYS if there is ANY DISCREPANCY.
If the Customer breaches any of the Terms and Conditions of Sale, Rachael Wilders Academy 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 £70 and over in value. The exception, where a £150 and over order is excessive weight, the carriage charge will be agreed.
– All other Orders will be subject to a £4.99 CARRIAGE CHARGE. Outside Mainland UK or for London Congestion other charges may apply.
Smaller (in size and weight) orders may qualify for small packet delivery, and we endeavour to price your delivery charges accordingly.
Carriage charges cover packing and delivery.
In the normal course of events, Rachael WIlders Academy 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. We cannot change an address after have checked out with paypal.
Delivery Schedule In the normal course of events, orders will be:
– DESPATCHED WITHIN SEVEN WORKING DAYS. This does not apply to PREORDER items, although preorder items will have a schedule clearly stated in the description.
Specific time for delivery will not form part of the order. Although Rachael WIlders Academy 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.
If you are in a hurry for your order, please call us to discuss any other postal services we could offer you. Extra charges will apply.
Back Orders In the normal course of events, Rachael Wilders Academy 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.
You can collect your order from any of the salons/training academies, just let us know on checkout.
Rachael Wilders Academy 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
Rachael Wilders Academy will accept the return of Goods if unsatisfactory quality / damaged in transit if
i. Notified to us within SEVEN BUSINESS DAYS OF DELIVERY.
ii. Returned to us WITHIN SEVEN BUSINESS 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.
Rachael Wilders Academy 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 Gorgeous Nails due to the above, the Customer will not be entitled to return Goods to Rachael Wilders Academy after delivery.
RETURNS (OTHER THAN GOODS OF UNSATISFACTORY QUALITY / DAMAGED IN TRANSIT)
Rachael WIlders Academy will be entitled to refuse to accept the return of Goods at its entire discretion. In the case of chemical products Rachael Wilders Academy will not replace or refund these Goods due to risk of contamination after leaving the premises. Rachael Wilders Academy is unable to refund/exchange or replace electrical bulbs under any circumstances.
If Rachael Wilders Academy 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 THREE BUSINESS DAYS OF DELIVERY
ii. Returned to us WITHIN SEVEN BUSINESS DAYS OF DELIVERY
iii. Be returned unopened, unused and in re-saleable 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, Rachael Wilders Academy may defer or cancel any further deliveries of Goods, stop any Goods in transit and treat the Order as terminated.
If there are any questions or queries regarding these Terms and Conditions, please contact us prior to enrolling on a course, or purchasing goods from us.
Terms of website use
Reliance On Information Posted & Disclaimer
the materials contained on our site are provided for general information purposes only and do not claim to be or constitute legal or other professional advice and shall not be relied upon as such.
We do not accept any responsibility for any loss which may arise from accessing or reliance on the information on this site and to the fullest extent permitted by English law, we exclude all liability for loss or damages direct or indirect arising from use of this site.
http://www.rachaelwilders.co.uk is a site operated by Rachael Wilders Academy, we are a limited liability company.
Accessing our site.
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
Intellectual property rights
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
Our site changes regularly.
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, and third parties connected to us hereby expressly exclude:
•All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
•Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
•loss of income or revenue;
•loss of business;
•loss of profits or contracts;
•loss of anticipated savings;
•loss of data;
•loss of goodwill;
•wasted management or office time;
•for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Viruses, hacking and other offences
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
Links from our site.
Jurisdiction and applicable law.
The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our site.
If you have any concerns about material which appears on our site, please contact firstname.lastname@example.org.