Terms and Conditions

Terms and Conditions for the use of and purchasing goods from this website and booking courses at Newlyn School of Art

Please read these terms and conditions carefully, they contain important information about your rights and obligations.

1. Introduction

1.1 These terms and conditions (the “Terms”) govern all use of the website situated at www.newlynartschool.co.uk (the “Website”), all booking of and attendance at courses (the “Courses”) and the purchase of goods via our online shop (the “Shop”) run by Newlyn School of Art (“our”, “we” or us”). By accessing our Website or booking a Course you agree to be legally bound by these Terms as they may be modified and posted on our Website from time to time. We hope that these are acceptable to you but if they are not then you should not book a Course, buy goods from our Shop or use our Website for any purpose.

1.2 When you buy goods from our Shop under these Terms you have legal rights. These are also known as ‘statutory rights’ as they are derived from laws such as the Sale of Goods Act 1979 (as this Act has been amended from time to time). The law gives you certain legal rights including that the goods are of satisfactory quality, as described, and fit for their purpose. Nothing in these Terms affects these legal rights. Further information on your legal rights can be obtained from your local Citizens’ Advice Bureau (www.citizensadvice.org.uk).

1.3 Terms 2 - 6 are in relation to the booking of Courses only and 7-11 are in relation to our Shop and the purchase of Goods only and Terms 1 and 12 – 15 apply to the use of the Website, the Courses and the Shop.

COURSES

2. General Course Provisions

2.1 Places on Courses are allocated on a first to pay first served basis and we cannot guarantee your place on a Course prior to receipt of full payment. In the event that the Course of your choice is fully booked you will be offered the next available date.

2.2 Your attendance at a Course must be punctual at all times.

2.3 You must comply with all rules and regulations issued by us and please pay particular attention to any requirements as to dress or the wearing of protective equipment.

2.4 We will endeavour to supply the teacher advertised for any Course but reserve the right to change the teacher, timing or content of any course due to the unavailability of any teacher for any Course at any time.

2.5 Please pay particular attention to the details of each Course prior to booking. If you have a disability/additional support needs please contact us before booking as aspects of some Courses may be unsuitable due to the nature of the location. Please ensure that you provide us with full details of any specific requirements that you may have and again we will endeavour to accommodate you.

2.6 We do not accept enrolments from anyone under 18 years of age unless accompanied by an adult.

3. Fees, refunds and cancellation by you

3.1 All amounts payable must be received before the commencement of the Course. Your place on the Course is not confirmed and we have no obligation to you until full payment is received.

3.2 We do not charge VAT on any of our Courses.

3.3 The Course fees include the cost of some basic materials which will be provided but please see the specific course description (or please ask us) for details of the additional materials that you will need to bring. Certain courses such as printmaking and stone carving may incur supplementary charges for materials which can be purchased from the School.

3.4 Fees can be paid by credit or debit card online. Payments in advance by phone, by post or in person are accepted. Please make all cheques payable to ‘Newlyn School of Art’. Cheques must be received at least five working days before the commencement of the Course.

3.5 Fees can be paid in advance by cash if payment is made in person. We do not accept payment on the day.

Cancellation by you

3.6 In relation to cancellation of any course by you for any reason:

- If cancellation by you occurs within 14 days after making your booking you are entitled to a full refund.

- If cancellation by you occurs more than 14 days after making your booking – you are entitled to transfer to a course on a different date of the same value (or put your fee towards a course of greater value if you pay the additional sum required). You will not be entitled to a refund.

3.7 Life drawing sessions may be cancelled at any time up to 4pm 48 hours prior to the session and will receive a voucher to the same value for use at another time but not a cash refund. If cancellation is any later than this then the full amount is forfeited.

3.8 Friends and family may attend in your place for any Course providing we have been given 24hrs notice before the Course commences. You will need to provide us with the names and contact details of anyone attending in your place.

3.9 In the event of an illness (or family illness) preventing your attendance, we may, in our sole and absolute discretion, vary our cancellation policy and we may ask for documentary evidence in order to make this decision.

3.10 Courses bought as gifts are subject to the same cancellation policy.

3.11 Any Courses purchased at a discount are subject to the same Terms and will be refunded to a maximum of the price paid.

3.12 You do not have a statutory right to cancel the Course because the Course is a leisure activity to be attended between specific dates and accordingly falls within the exclusion provided by regulation 28 of the Consumer Contracts (Information, Cancellation and Additional Charges) regulations SI 2013/3134.

4. Cancellation by us

4.1 Subject to and without prejudice to our rights in clause 2.4 we reserve the right to cancel any Course at any time subject to the student receiving by choice either a full refund, transfer to a course of the same value or a gift voucher to the same value. Please note that we will not refund the cost of any accommodation or travel that you may have booked.

4.2 All our Courses have a minimum attendance level and may be cancelled if too few bookings are received.

4.3 We reserve the right to cancel your attendance on a Course at our sole and absolute discretion and provide you with a refund.

5. Your Conduct

If we in our sole and absolute discretion consider that you have behaved in an unacceptable manner then we reserve the right to require you to leave the course/event immediately. All students are expected to conduct themselves in a reasonable manner and in accordance with our rules and regulations and to recognise that other students also require support and assistance.

6. Accommodation/Transport to and from Courses

You are responsible for arranging your own accommodation and transport where applicable. Although we do list local providers of accommodation on our Website to try to assist you in finding accommodation, you are responsible for contracting directly with the accommodation provider and when doing so (and when booking transport) you should make arrangements for cancellation whether that is as the result of a cancellation of a Course by us or by you and you should consider appropriate insurance.

ONLINE SHOP AND PURCHASE OF GOODS

7. Ordering Goods

7.1 The Shop is mail order only and the steps required to create these Terms (eg a legally binding contract) between you and us are as follows:

7.1.1 You place an order on the Site by going through the checkout on our Shop or alternatively you may call us and order by telephone and the provisions for online purchase will apply in the same way. You may only pay by way of debit or credit card (not cheques or cash).

7.1.2 When your order is placed with us at the end of the online checkout process (eg when you click on the ‘order with obligation to pay’ button), we will email you to acknowledge that we have received your order. This order acknowledgement does not, however, mean that your order has been accepted by us.

7.1.3 We may send you an email to say that we do not accept your order. This is typically for the following reasons:

(a) the goods are not available

(b) we cannot obtain authorisation of your payment

(c) you are not permitted to purchase the goods

(d) there has been an error by us on the pricing or description of the goods and in the event that the price has been entered incorrectly by mistake in the Shop then we will contact you as soon as possible to inform you of the correct price

7.1.4 We will only accept your order when we send you an email that confirms this (Confirmation email). At this point, a legally binding contract will be in place between you and us and at this point we will despatch the goods to you.

7.2 When you buy goods from us under these Terms you have legal rights. These are also known as ‘statutory rights’ as they are derived from laws such as the Sale of Goods Act 1979 (as this Act has been amended from time to time). The law gives you certain legal rights including that the goods are of satisfactory quality, as described, and fit for their purpose. Nothing in these Terms affects these legal rights. Further information on your legal rights can be obtained from your local Citizens’ Advice Bureau (www.citizensadvice.org.uk).

7.3 When placing an order on the Site, you should take care to ensure that all of the information that you provide to us is correct although we appreciate that from time to time errors might be made. Therefore, please ensure that you take enough time to read and check your order before submitting it to us. If you need to correct any errors you can do so before submitting it to us.

7.4 If you are under the age of 18 you may not purchase any goods from the Site.

7.5 While we try to ensure that:

7.5.1 all weights, sizes and measurements set out on the Site are as accurate as possible there may be slight variations.

7.5.2 the colours of our goods are as accurately displayed as possible on the Site, the actual colours that you see on your computer may vary depending on the monitor that you use.

7.6 Any goods sold at discount prices, as remnants or as substandard will be identified and be stated to be sold as such on the Site. Such goods may not necessarily be in perfect condition so please check that they are of a satisfactory quality for their intended particular use.

7.7 Any stock levels that may be stated in the Shop pages are only a guide. If levels are insufficient to complete your order then we will contact you to let you know when we will be able to fulfil your order and you are under no obligation to complete your order.

8. Nature of the goods and faulty goods

8.1 The law gives you certain legal rights if any of our goods are faulty. You have rights relating to refunds and to have such goods repaired or replaced if realistically possible. Nothing in these Terms affects these legal rights. If you want us to repair or replace the goods or want a refund please email or telephone, at the email address and telephone number set out on our Shop pages as soon as reasonably possible. Please note that all calls to us will be charged at your normal call rates. Further information on your legal rights on faulty goods can be obtained from your local Citizens’ Advice Bureau (www.citizensadvice.org.uk).

8.2 The packaging of the goods may vary from that shown on the Site.

8.3 If we experience difficulties in supplying certain goods we may need to substitute them with alternative goods of equal or better standard and value. We will email to let you know if we intend to do this but this may not always be possible. You may refuse to accept such substitutes, in which case we will offer you a refund or a replacement and let you know how long such an offer remains open for.

9. “Cooling off” period and your right to cancel these Terms in relation to the purchase of goods

9.1 You have a legal right to cancel these Terms for the purchase of goods during the ‘cooling off’ period set out in clause 9.3 and in accordance with this clause 9. During the ‘cooling off’ period if you decide that, for whatever reason, you no longer want goods that you have bought you may tell us that you want to cancel these Terms and obtain a refund. Further information on your legal rights can be obtained from your local Citizens’ Advice Bureau (www.citizensadvice.org.uk).

9.2 Your rights to cancel the contract do not apply in certain limited circumstances for example if you have ordered personalised goods.

9.3 Your right to cancel these Terms and return an item starts from the date when these Terms are entered into in accordance with Clause 6.1.4 (i.e. when the Confirmation email is sent by us) and ends at the end of 14 days period after the date of receipt of the goods by you.

9.4 Please contact us if you want to cancel these Terms and return an item if delivered. You can email or telephone at the email address and telephone number set out on our Shop pages. Please note that all calls to us will be charged at your normal rates. Alternatively, you can complete and send the cancellation form set out at the end of these terms and conditions. Details of your right to cancel and how you should do this are also set out in Confirmation email.

9.5 Without undue delay after you contact us to cancel these Terms and return an item if delivered (and in any event within any time period specified in law, typically 14 days after we receive the goods back from you) we will refund the price of the goods and any delivery charges paid for by you. If you are cancelling the Terms and returning the goods because of a defect or the goods were not as described, we will also refund any reasonable costs that you incur in returning the goods to us. Any refunds will be made on the debit card or the credit card which you used to pay for the goods.

9.6 If you have already received the goods (such as if the goods have been delivered to you), you must return them to us as soon as possible. You have a legal duty to keep the goods in your possession, to take reasonable care of them and not to use them before you return them to us. If the value of the goods is less than it was because you have handled them beyond what is necessary (such as to see the nature, characteristics and functioning of the goods) then we may charge you an appropriate amount and take that amount from what we owe you. This might happen because you start to use the goods. Unless you are returning the goods because of a defect or the goods were not as described, you are responsible for the cost of returning the goods to us.

10. Delivery

10.1The estimated date for delivery of the goods will be set out in the Confirmation email. If something happens which is outside of our control and which affects the estimated date of delivery, we will let you have a revised estimated date for delivery of the goods. Unless you and we agree otherwise, if we cannot deliver your goods within 30 days of the Confirmation email, we will email you to let you know, will cancel your order and provide you with a refund.

10.2 Delivery of the goods will take place when we deliver them to the address that you gave to us. We will use the post office or a courier to deliver our goods; if nobody is available to take delivery of the goods, please contact us via email or telephone via the contact details on our Shop Pages. Please note that all calls to us will be charged at your normal rates so as to rearrange delivery. You will be responsible for the goods when delivery has taken place (including ensuring that you follow any instructions or manuals provided with the goods) and you will own the goods when we receive payment in full for them and any respective delivery charges. Please note that we do not make deliveries to any non standard UK addresses or addresses outside of the UK. Information regarding delivery is set out on the product pages.

10.3 If you select “click and collect” then the goods will not be delivered to you but will be available for collection in accordance with the instructions set out in the Confirmation email.

11. Payment

11.1 You may pay for the goods by using credit cards and debit cards as set out on our Shop pages (but not by cheques or cash).

11.2 We will do all that we reasonably can to ensure that all of the information which you provide to us when paying for the goods is secure by using an encrypted secure payment mechanism but in the absence of negligence on our part we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you provide to us.

11.3 Your credit card or debit card will only be charged when the goods are dispatched.

11.4 All payments by credit card or debit card need to be authorised by the relevant card issuer. If your payment is not received by us and you have already received the goods that you ordered from us, you must pay for such goods within 30 days or must return them to us as soon as possible. You must keep the goods in your possession, take reasonable care of them (including ensuring that you follow any instructions or manuals provided with the goods) and not use them before you return them to us. If you do not pay for the goods or return them to us in accordance with this clause we may collect the goods from you at your expense. We will email to let you know if we intend to do this.

11.5 Nothing in this clause affects your legal rights to cancel the contract during the ‘cooling off’ period under Clause 8.

11.6 The price of the goods is quoted in GBP (unless stated otherwise on our Shop pages) does not include the cost of delivering the goods which are as set out on our Shop pages.

12. Liability

12.1 The following provisions set out our entire financial liability (including any liability for the acts

or omissions of its employees, agents and sub-contractors) to you in respect of: (i) any

breach of this Agreement; and (ii) any representation, statement or tortuous act or omission

including negligence arising under or in connection with the Agreement.

12.2 Save for provisions implied under Sale of Goods Act 1979, the Consumer Protection Act 1987(or any other law) which it is not permitted to exclude, all other warranties, conditions and other terms implied by statute or common law are to the fullest extent permitted by law, excluded from this Agreement.

12.3 Nothing in this agreement excludes or limits our liability for personal injury or death caused by our negligence or fraudulent misrepresentation.

12.4 Subject to Clauses 12.2 and 12.3, we will only be legally responsible to you for any loss or damage which is a reasonably foreseeable consequence of a breach of these Terms. Losses are foreseeable where they could be contemplated by you and us at the time these Terms are entered into. We are not legally responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us (such as loss of profits or loss of opportunity).

12.5 You are advised not to bring any items of special value onto our premises or on field trips. We will not accept responsibility for the loss of any personal possessions.

12.6 We will not be liable for any loss suffered by you resulting from any course or event which is beyond our reasonable control including but not limited to acts of God, wars, riots, civil commotions, malicious damage, compliance with any law or governmental order, rules, regulations or directions, accidents, breakdowns of plant or machinery, fires, floods, extreme weather , pandemics, epidemics or other outbreaks of disease or infection, or failure in the supply of electricity, heating, lighting or telecommunications equipment.

12.7 Transport and accommodation arrangements made by you with the respective providers of transport and accommodation are outside the terms of this Agreement and we exclude all liability in relation to your transport and accommodation arrangements including any costs that you might incur in the event of cancellation of a Course by you or by us.

13. Data Protection/Intellectual Property

13.1 We will only use the personal information you give us: to help us provide Courses or goods and to inform you about similar Courses or Goods unless you tell us that you do not want to receive this information. We may sub-contract the provision of our Shop or any element of it (including the hosting of our Shop and Website) and also the Provision of Courses to external teachers and by accepting these Terms you consent to this use and storage of your data. We will not pass your data to any other third parties.

13.2 All rights title and interest in any copyright that is created in any works by you whilst on a Course will vest in you upon creation but you hereby grant a licence of such copyright and the right to use such works and further your name and image in any photograph taken by us or on our behalf or supplied by you to us for advertising purposes including without limitation on our website and in our brochures.

13.3 The contents of our Website are protected by international copyright laws and other intellectual property rights. We are the owner or the duly authorised licensee of such copyright and all intellectual property rights in the mark “Newlyn School of Art”. You may not modify, copy, reproduce, republish, upload, post, transmit, distribute by any means or in any manner any material or information on or downloaded from our Website without our permission.

14. General

14.1 We reserve the right to make changes to or suspend any aspect of our Website or Courses from time to time.

14.2 You undertake and warrant that all the information that you supply in relation to the booking of any Course is correct and that the credit or debit card (or other means of payment) is your own. We reserve the right to obtain validation of your credit or debit cards. Any breach of this clause 14.2 entitles us to cancel your booking on such Course without any refund at any time.

14.3 We make no representations whatsoever about any other websites which you may access through our Website or which may link to our Website. When you access any other website you understand that it is independent from us and that we have no control over the content or availability of that website. In addition, a link to any other website does not mean that we endorse or accept any responsibility for the content, or the use of such a website and we shall not be liable for any loss or damage caused or alleged to be caused by such link/website.

14.4 These Terms shall also apply to any person that is the recipient of a gift voucher or a person that attends a Course in substitution for the person that made the booking pursuant to the Contracts (Rights of Third Parties) Acts 1999 and references to “you” are deemed to include references to such attendee(s).

14.5 All notices should be sent to the contact details provided to you when you make a Course booking. All notices should be sent to us at Newlyn School of Art, The Old Board School, Chywoone Hill, Newlyn, Cornwall TR18 5AW or email info@newlynartschool.co.uk

14.6 Notices will be deemed received when an e-mail is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or if by post 3 days after the date of posting.

14.7 You agree to indemnify us in relation to any complaint or action taken against us by any third party as the result of your behaviour or actions whilst attending at a course or for any statements made or images posted on any site on the internet at any time. You further give your consent to the removal by us at any time and in our discretion of any content posted by you on our Website or any website or part of a website that is controlled by us and undertake to remove any posts made by you or material posted by you from any website immediately upon request by us without having to give a reason for such request.

14.8 No failure or delay by us in enforcing any of our rights under the Contract shall be deemed to be a waiver of such right.

14.9 Newlyn School of Art is registered as a company limited by guarantee with number 07621257 and whose registered office is at Newlyn School of Art, The Old Board School, Chywoone Hill, Newlyn, Cornwall TR18 5AW

15. Vouchers

15.1 E-vouchers cannot be exchanged for cash and are non-refundable

15.2 E-vouchers will be valid for 12 months from the date of purchase

15.3 Any remaining balance will be cancelled on expiry of the validity period

15.4 In the event that any Goods are returned that were purchased with E-vouchers and you are entitled to a refund then the refund may be made in E-vouchers.

Model Form of Cancellation

To Newlyn School of Art, The Old Board School, Chywoone Hill, Newlyn, Cornwall TR18 5AW

Tel Number:01736 365557 email:info@newlynshoolofart.co.uk .

I/We hereby give notice that I/We cancel my/our contract of sale of the following goods:

Ordered on [ ] / received on [ ],

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) [only if this form is notified on paper],

Date

Registered Office: Newlyn School of Art, The Old Board School, Chywoone Hill, Newlyn, Cornwall TR18 5AW. Tel: 01736365557.
Email: info@newlynartschool.co.uk Company Number: 7621257. Registered in Cardiff in 2011.