Terms and Conditions
Terms and Conditions for the use of 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”) run by Newlyn School of Art registered in England as a company limited by guarantee with company number 07621257 whose registered office is at The Old Board School Chywoone Hill Newlyn Penzance Cornwall TR18 5AW (“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 or use our Website for any purpose.
1.2 If you are booking a course online or over the phone, then to the extent applicable, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. This will ordinarily be supplied by us to you by email. You should ensure that this information which will form part of the contract is correct before a contract is entered into between us.
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 before receipt of full payment. If 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 You are required to participate and remain with the tutored group at all times. If you are on a course where field trips take place you must join the group and cannot opt-out and stay in the studio/or opt to stay outdoors when the group returns to the studio.
2.5 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.
2.6 Please pay particular attention to the details of each Course before 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.
2.7 We do not accept enrolments from anyone under 18 years of age unless accompanied by an adult.
3. Fees, refunds and cancellations by you
3.1 All fees for short courses and life drawing must be paid in full at the time of booking. 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 materials which will be provided but please see the specific course description (or please ask us) for details of the additional items that you will need to bring. Printmaking days have materials and bread and butter paper included but may incur small supplementary charges should the student choose to want to work with high-quality paper for example which can be purchased from the School.
3.4 Fees can be paid by credit or debit card online, by card over the phone or in person. We no longer accept cheques. Please see our Frequently Asked Questions regarding Pay Pal's Pay Later.
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 About 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 and more than 12 weeks before the start of the course– we are willing to offer a 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.
-If cancellation by you occurs less than 12 weeks before the start of the course, you will not be entitled to a refund nor will we offer a transfer of your booking or a credit note. See 3.8 below regarding the option for someone else to attend in your place.
3.7 Life drawing sessions may be cancelled at any time up to 4 pm 48 hours before 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 Courses bought as gifts are subject to the same cancellation policy.
3.10 Any Courses purchased at a discount are subject to the same Terms and will be refunded to a maximum of the price paid.
3.11 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 In addition to and without prejudice to our rights in clause 2.5, we reserve the right to cancel any Course at any time. If the reason for cancellation is a Force Majeure Event (as defined in clause 7.5) then we will provide a transfer to a course of the same value at a time when the Force Majeure Event has ceased. If the reason for cancellation is for any other reason then we will offer you the choice of either a full refund or a transfer to a course of the same value. Please note that we will not refund the cost of any accommodation or travel you may have booked under any circumstances (including cancellation for a Force Majeure Event).
4.2 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 unacceptably 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 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 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.
7. Liability
7.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaching this contract or our failing to use reasonable care and skill. We are not liable for losses that were not caused by any breach on our part or were not foreseeable as a result of us breaching this contract when the contract was formed.
7.2 You have certain rights under the Consumer Rights Act 2015 and nothing in these terms and conditions seeks to limit or exclude those rights that were not permissible to do so. We also do not exclude or limit in any way our liability to you for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; not providing services with reasonable skill and care; or where it would be unlawful to do so.
7.3 We are not liable for business losses.
7.4 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.
7.5 We will not be liable for any loss suffered by you resulting from any 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 (each being a “Force Majeure Event”).
7.6 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 about 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.
8. Data Protection/Intellectual Property
8.1 We will only use the personal information you give us: to help us provide Courses and to inform you about similar Courses unless you tell us that you do not want to receive this information. We may sub-contract 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. For further information on how we use your personal information please see our Privacy Policy.
8.2 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.
8.3 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, or distribute by any means or in any manner any material or information on or downloaded from our Website without our permission.
8.4 Whilst singular techniques shown or used by our tutors may be found in the public domain, their individual methods, uses of tools and processes or any combination specific to them therein may not be shared or copied.
8.5 You may not offer for sale, or sell any work you produce that could in any way be regarded as work created by any of the artists who teach for Newlyn School of Art; irrespective of whether a credit is given.
9. General
9.1 We reserve the right to make changes to or suspend any aspect of our Website or Courses from time to time.
9.2 You undertake and warrant that all the information that you supply about 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 9.2 entitles us to cancel your booking on such Course without any refund at any time.
9.3 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 of 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.
9.4 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).
9.5 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
9.6 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.
9.7 You agree to indemnify us about any complaint or action taken against us by any third party as the result of your behaviour or actions whilst attending 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 at 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.
9.8 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.
9.9 The Terms are governed and construed in accordance with English law and the parties agree to submit to the exclusive jurisdiction of the English Courts.
10. Vouchers
10.1 E-vouchers cannot be exchanged for cash and are non-refundable
10.2 E-vouchers will be valid for 12 months from the date of purchase
10.3 Any remaining balance will be cancelled on the expiry of the validity period
11. Newlyn School of Art Terms and Conditions for Digital Purchases
Please read the following important Terms and Conditions before you buy any digital content from us and check that they contain everything you want and nothing that you are not willing to agree to.
Summary of some of your key rights:
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that you have a 14 day right to change your mind and get a full refund on your digital content. You do not have this right to cancel once access to the online course film has been granted (i.e the course has been paid for) provided you have been informed of this (clearly stated on each online course description page) and have acknowledged this by accepting our terms and conditions.
The Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality.
If your digital content is faulty, you’re entitled to a repair or a replacement.
If the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some, or all of your money back.
If you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation.
This is a summary of some of your key rights. For detailed information from Citizens Advice, please visit their website - https://www.citizensadvice.org.uk or call 03454 04 05 06.
The information in this summary box summarises some of your key rights. It is not intended to replace the contract below, which you should read carefully.
This contract sets out:
- your legal rights and responsibilities;
- our legal rights and responsibilities; and
- certain key information required by law.
In this contract:
- ‘we’, ‘us’ or ‘our’ means Newlyn School of Art (CRN 07621257); and
- ‘you’ or ‘your’ means the person buying digital content from us.
If you have any questions about this contract or any purchases you have made, please contact us by:
- sending an email to courses@newlynartschool.co.uk; or
- calling us on 01736 365 557 (our office opening hours are 9:00am to 4:30pm Monday to Friday.
Who are we?
We are Newlyn School of Art a company registered in England and Wales with number 07621257 whose registered office is at The Old Board School, Chywoone Hill, Newlyn, Penzance, Cornwall TR18 5AW.
The details of this contract will not be filed by us. Please print out or save a copy of this contract for your records as we will not save a copy for you.
1 Introduction
1.1 If you buy digital content from us you agree to be legally bound by this contract.
1.2 These terms and conditions apply only if you are buying digital content on our site as a consumer (ie for purposes outside of your business, craft or profession).
1.3 This contract is only available in English. No other languages will apply to this contract.
1.4 When buying any digital content on our site you also agree to be legally bound by:
1.4.1 our website terms and conditions and any documents referred to in them;
1.4.2 extra terms which may add to, or replace some of, this contract. This may happen for security, legal or regulatory reasons. We will contact you to let you know if we intend to do this by giving you one month’s notice. You can end this contract at any time by giving one month’s notice if we tell you extra terms apply; and
1.4.3 specific terms which apply to certain digital content. If you want to see these specific terms, please visit the relevant webpage for the digital content at any time during the online purchase process.
All of the above form part of this contract as though set out in full here.
2 Information we give you
2.1 By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. If you want to see this key information, please:
2.1.1 view the relevant course page for full description and short promotional video
2.1.2 read the acknowledgement email (see clause 4.4); or
2.1.3 contact us using the contact details at the top of this page.
2.2 The key information we give you by law forms part of this contract (as though it is set out in full here).
2.3 If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.
3 Your privacy and personal information
3.1 Our Privacy Policy is available at www.newlynartschool.co.uk/aboutus/PrivacyPolicy
3.2 Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.
4 Ordering digital content from us
4.1 Below, we set out how a legally binding contract between you and us is made.
4.2 You place an order on the site for a course film by following the instructions on the payment page. Please read and check your order carefully before submitting it. You will be able to correct any errors before submitting your order to us. Please ensure that your email address is typed correctly.
4.3 Before you place your order, you must check that the hardware and software requirements of your computer or device mean that you can ‘view’ and ‘play’ the digital content. All films purchased are available to watch within ‘your’ personal/secure Newlyn School of Art Online Account.
4.4 When you place your order at the end of the online purchase process (eg when you click on the “pay” button) you will receive an automated confirmation by email. If you do not receive a confirmation email it may mean, it has gone into your spam folder, you have provided an incorrect email address or your mailbox is full or that your order has been accepted by us.
4.5 We may contact you to say that we do not accept your order. This is typically for the following reasons:
4.5.1 the digital content is unavailable;
4.5.2 we cannot authorise your payment;
4.5.3 you are not allowed to buy the digital content from us;
4.5.4 we are not allowed to sell the digital content to you; or
4.5.5 there has been a mistake on the pricing or description of the digital content.
4.6 We will only accept your order when we email you to confirm this (Confirmation Email). At this point:
4.6.1 a legally binding contract will be in place between you and us; and
4.6.2 you have access to the digital content via your online account.
4.7 If you are under the age of 18 you may not buy any digital content from the site.
5 No right to Cancel
5.1 When you place an order for digital content, you will be asked to tick a box to confirm that you consent to our terms and conditions and understand that access to digital content starts immediately after you place your order by clicking the “pay” button and that you acknowledge that this means you lose your right to cancel.
5.2 This means that you do not have the right to cancel this contract once full access to the digital content starts and are not entitled to a refund unless the digital content is faulty.
5.3 This does not affect the rights you have if your digital content is faulty. A summary of these rights is provided at the top of this page. See also clause 10.
6 Permission to use the digital content
6.1 When you buy the digital content and it is accessible by you, you will not own it. Instead, we give you permission to use it (also known as a ‘licence’) for the purpose of you using and enjoying it according to this contract. Your purchase has an end date after which access is lost at which point to continue to have access you would be required to re-purchase the content.
6.2 The digital content:
6.2.1 is personal to you. You can use it wherever you want in the world but only if you comply with local laws;
6.2.2 is non-exclusive to you. We may supply the same or similar digital content to other users;
6.2.3 may be used only within your physical household and may not be shared with friends, groups or colleagues;
6.2.4 may not be:
(a) Downloaded
(b) copied by you
(c) changed by you (which means,in particular, that you are not allowed to adapt, reverse-engineer or decompile it, or try to extract the source code from it, except where any of this is allowed by law);
(d) combined or merged with, or used in, any other digital product or content; or
(e) distributed or sold by you to any third party;
6.2.5 does not include:
(a) updates;
(b) upgrades;
(c) new releases;
(d) new versions; and
6.2.6 contains information which is owned by us and/or third parties. You must not conceal, change or remove any markings which show who owns this information, such as copyright (©), registered trade mark (®) or unregistered trademark (™) markings.
6.3 Except where you have permission to use the digital content under this clause 6, you will not obtain any rights of ownership or other rights (of whatever nature) in the digital content or in any copies of it.
7 Access
7.1 Once you have placed your order and the Confirmation Email has been sent to you (see clause 4), and you have full access to the film within your personal Newlyn School of Art online account.
7.2 We may deliver your digital content in instalments. If you want to see whether your digital content may be delivered in this way, please check the course film details on the web page.
7.3 If something happens which is outside of our control and affects your ability to access the digital content, we will let you know when you can expect to be able to access the digital content.
7.4 If your computer or device blocks the digital content or the film does not start, you may still have the right to cancel the contract. If this happens, please contact us using the contact details at the top of this page and we will investigate the problem.
8 Payment
8.1 We accept debit and credit cards and payment via GooglePay, ApplePay and Link powered by Stripe. We do not accept cash or cheques.
8.2 We will do all that we reasonably can to ensure that all of the information you give us when paying for the digital content is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with this contract or our Privacy Policy (see clause 3) or breach by us of our duties under applicable laws, 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 give us.
8.3 Your credit card or debit card will only be charged once the Confirmation Email has been sent to you, at which point the access to the digital content has been granted and starts immediately.
8.4 All payments by credit card or debit card need to be authorised by the relevant card issuer.
8.5 All prices are in pounds sterling (£)(GBP) and are not currently subject to VAT.
9 Nature of the digital content
9.1 The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’). The digital content that we provide to you must be as described, fit for purpose and of satisfactory quality.
9.2 We are under a legal duty to supply digital content that is in conformity with this contract.
9.3 When we supply the digital content:
9.3.1 we will use all reasonable efforts to ensure that it is free from defects, viruses and other malicious content;
9.3.2 we do not promise that it is compatible with any third-party software or equipment except where we have said that it is in the guide to its use or on our site; and
9.3.3 you acknowledge that there may be minor errors or bugs in it.
10 Faulty digital content
10.1 Your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’) are set out at the top of this page. They are a summary of some of your key rights. For more detailed information on your rights and what you should expect from us, please:
10.1.1 visit our webpage;
10.1.2 contact us using the contact details at the top of this page; or
10.1.3 visit the Citizens Advice website www.citizensadvice.org.uk or call 03454 04 05 06.
10.2 Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.
10.3 If your digital content is faulty, please contact us using the contact details at the top of this page.
10.4 To avoid faults in the digital content, you must:
10.4.1 install any fixes, updates, upgrades, new releases and new versions as soon as reasonably possible after we tell you that they are available to be downloaded;
10.4.2 use it only on the recommended third-party software and equipment set out in the guide to its use or on our site; and
10.4.3 View all digital content via your personal Newlyn School of Art online account.
11 End of the contract
If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.
12 Limitation on our liability
12.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:
12.1.1 losses that were not foreseeable to you and us when the contract was formed;
12.1.2 losses that were not caused by any breach on our part;
12.1.3 business losses; or
12.1.4 losses to non-consumers.
13 Third-party rights
No one other than a party to this contract has any right to enforce any term of this contract.
14 Disputes
14.1 We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with the digital content you purchased, our service to you or any other matter, please contact us as soon as possible using the contact details set out at the top of this page.
14.2 Relevant United Kingdom law will apply to this contract. If you want to take court proceedings, the courts of the region of the United Kingdom in which you live will have non-exclusive jurisdiction in relation to this contract.
Fundraiser Exhibition
TERMS AND CONDITIONS FOR ONLINE FUNDRAISER EXHIBITION SALES
1. Definitions and interpretation
1.1 To make these Terms and Conditions for online artwork sales (“Terms”) easier to read, we have given the following words a specific meaning:
'Agent’ means Newlyn School of Art registered in England as a company limited by guarantee with company number 07621257 whose registered office is at The Old Board School, Chywoone Hill, Newlyn, Penzance, Cornwall, TR18 5AW;
‘Buyer ’ means a person who purchases Goods from the Seller via our Platform;
‘Consumer’ means an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession;
‘Consumer Contracts Regulations’ means the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013;
‘Goods’ means the artworks that the Sellers consign to us for sale on our Platform;
‘Listing’ means a listing of Goods for sale on the Platform;
‘Listing Period’ means the period ending at 11.59pm on Sunday, December 2023.
‘Lot’ means Goods or groups of Goods offered for sale as one unit.
‘Platform’ means the part of the Website on which the Goods are made available by the Seller and us for purchase by you;
‘Price’ means the Price of the Goods set out on the Platform (delivery costs will be added) total of the Lot Price and delivery costs;
‘Sellers’ means the owner of the Goods and ‘Seller’ shall be construed accordingly;
‘Terms and Conditions for Online Fundraiser Exhibition Sales’/‘Terms’ means these terms and conditions;
‘VAT’ will not be charged in addition to any prices stated for works in this exhibition.
‘Website’ means our Website available at www.newlynartschool.co.uk;
In these Terms, the words ‘you’, ‘yours’, etc. refer to you as the Buyer. The words ‘we’, ‘us’, ‘our’ etc. refer to the Agent. Any reference to a ‘Clause’ is to a clause of these Terms unless stated otherwise.
2. Information that we are required to give to Consumers
2.1 A description of the main characteristics of a Lot is contained in the Listing for that Lot revealed by clicking on ‘Full Details’. This description will also be contained in the Order Confirmation referred to in Clause 3.4.
2.2 Our name, address and contact details are set out on our Website.
2.3 The technical means for concluding the contract including the Price of the Goods and arrangements for payment to buy Lots are set out in Clause 3.
2.4 Your right to cancel your purchase of a Lot and to receive a refund as set out in Clauses 7 and 8 (provided you return the Lot to us at your own cost) and a copy of the Model Cancellation Form (below these Terms and Conditions).
2.5 We and the Sellers have a legal duty to supply Lots to you by these Terms.
2.6 If you have any complaints, please send them to us directly at the address set out on our Website.
3. Ordering Goods from us
3.1 You must click the ‘Full Details' grey box below an image and complete the order form on the Platform. When you place your order we will acknowledge it by way of an acknowledgement email but your order will not be capable of acceptance by us if you do not supply full contact and delivery address details. Unless collection is stated by you at checkout.
3.2 We may contact you to say that we do not accept your order if it is reasonable for us to do so (including if there has been a mistake in the pricing or description of the Lot or we are no longer allowed to arrange the sale of the Lot on our Platform) and We and/or the respective Seller(s) may withdraw any Lot(s) from the Platform at any time before payment is taken and the contract concluded.
3.3 Sellers will not be charging VAT on top of the stated prices
3.4 We will only accept your order when we have received payment in cleared funds following purchase at checkout. 3.1. The total amount due is payable preferably via the website in any way that we agree to accept which is ordinarily by debit or credit card over the phone. We do not accept cash or cheque. At this point, we will email you to confirm this (Order Confirmation). At this point, a legally binding contract will be in place between us and we will dispatch the Lot to you.
3.5 The Order Confirmation will include the following information:
3.5.1 the description of the Lot that you have successfully bid for;
3.5.2 the Price for the Lot and delivery charges; -
3.5.3 confirmation of the anticipated delivery date(s) and time(s);
3.5.4 details of your right to cancel the Contract and a model cancellation form;
3.5.5 details of our legal duty to supply the Lot in conformity with these Terms;
3.5.6 details of your right to return the Lot and receive a refund if the Lot is a Deliberate Forgery; and
3.5.7 our identity, address and contact details, and how you can complain.
3.6 Please note that:
3.6.1 You will be deemed to act as principals, even if you are acting as an agent for a third party; and
3.6.2 We will not make deliveries to any address outside of the United Kingdom.
3.7 We reserve the right to cancel the Contract on behalf of the Seller in (amongst others) the following situations, without being liable for any damage or costs:
3.7.1 your contact or billing information is not correct or not verifiable;
3.7.2 your payment fails to clear or is in anyway recalled by the paying bank/processor
4. The contract between you and the Seller
4.1 As set out in Clause 3.4 above, we will confirm acceptance of the purchase of a Lot to you by sending you an Order Confirmation by email. The contract for the purchase of the Lot between you and the Seller will be formed when we send you the Order Confirmation, unless due diligence information required by the Seller or us under the Money Laundering Regulations 2019 by their internal procedures remains outstanding, in which case the contract will be formed when that procedure has been completed.
4.2 If you breach these Terms, you may be responsible for damages and/or losses suffered by a Seller or us. If we are contacted by a Seller who wishes to bring a claim against you, we may at our discretion provide the Seller with information or assistance about that claim.
4.3 We act as an agent only and will not have any responsibility for default by the Seller.
5. Data check
5.1 When you submit an order, we may run some checks on it before it is fulfilled. These checks may include verifying your address, and creditworthiness, and checking for fraud. As to the latter, we may run partly automated checks on all payments to filter out unusual or suspect transactions, or transactions which can be identified as susceptible to fraud. Suspected fraud on our online fundraiser exhibition will be investigated and if necessary prosecuted. By submitting your order, you agree to this.
6. Title and delivery of purchases
6.1 Once you have paid us in full the total amount due for any Lot, the delivery charges and all applicable VAT ownership of that Lot will transfer from the Seller to you. We will not deliver a Lot until you have paid for it. Collection is possible from the school, by the latest 13th of December. After that date, we will look to charge the £15 shipping fee to send you the artwork.
6.2 We, as agents for the Seller, will arrange delivery of the Lot to your requested delivery location. You will need to be available on the designated delivery day which will be notified to us by the Seller’s delivery agents to take delivery of the Lot. Unfortunately, due to the specialised nature of the transport of the Goods, we cannot be more precise in terms of delivery details.
6.2.1 If you do not accept the Lot on the delivery date then you will be responsible for further delivery and storage for that Lot.
6.2.2 Risk of loss or damage to the Lot will pass to you when you (or your agents) take physical possession of the Lot.
7. Right to cancel
7.1 If you are contracting as a Consumer, you will have a statutory right to cancel your purchase of that Lot if you change your mind for any reason. The provisions below set out your legal right to cancel. Further advice about your legal right to cancel your purchase is available from your local Citizens Advice or Trading Standards office.
7.2 You may cancel your purchase at any time from the date of the Order Confirmation up to the end of the fourteenth day after the day of delivery of the Lot to you (or the person specified by you for delivery).
7.3 To cancel your purchase, you must inform us of your intention to cancel it by sending your Order Confirmation and the cancellation form attached to these Terms. If you use this method we will email you to confirm that we have received your cancellation. You can contact us at 01736 365557 or send us an email to email courses@newlynartschool.co.uk. If you send us your cancellation notice by email or by post, then your cancellation is effective from the date you send us the email or post the letter to us.
7.4 If you exercise your right to cancel your purchase, we, subject to the provisions of clause 12, will refund to you, on behalf of the Seller, the amount that you have paid including delivery costs. When exercising the cancellation right, you must return the Lot to us immediately at your own cost (as set out below).
7.5 You are entitled to a reasonable opportunity to inspect the Lots (which will include removing them from their packaging and inspecting them). At all times, you must take reasonable care of the Lots and must not let them out of your possession. If you are in breach of your obligations to take reasonable care of the Lots in Clause 11.5, we will have a claim against you and may deduct from the refund costs incurred by us as a result of the breach.
7.6 Details of this statutory right, and an explanation of how to exercise it, are also linked in the Order Confirmation to these Terms and Conditions. This provision does not affect your statutory rights.
7.7 The cancellation right described in this Clause is in addition to any other right that you might have to reject a Lot.
8. Exercising the right to cancel
8.1 Where you have validly returned a Lot to us under your right of cancellation described in Clause 7, we will refund the full amount paid by you for the Lot.
8.2 Please note that we are permitted by law to reduce your refund to reflect any reduction in the value of the Lot if this has been caused by your handling of the Lot in a way contrary to the conditions specified in these terms or which would not be permitted during a pre-sale exhibition. If we refund you the price paid before we can inspect the Lot and later discover you have unacceptably handled the Lot, you must pay us an appropriate amount.
8.3 You will be responsible for returning the Lot to us at your own cost. We cannot be precise in terms of the amount that it will cost you to return the Lot to us which will vary depending on the size and weight of your Lot but you should use our costs as a guideline.
8.4 We will process any refund due to you within the deadlines below:
8.4.1 if you have collected the Lot but have not returned it to us: fourteen days after the day on which we receive the Lot back from you or if earlier, the day on which you provide us with evidence that you have sent the Lot back to us; or
8.4.2 if you have not collected the Lot or you have already returned the Lot to us: fourteen days after you inform us of your decision to cancel the Contract.
8.4.3 We will refund you using the same means of payment that you used for the transaction.
8.4.4 Legal ownership of a Lot will immediately revert to the Seller if we refund any such payment to you.
8.4.5 For further information on how to return Lots to us, please get in touch with us using the contact details provided on our Website.
9. Descriptions and condition
9.1 Our descriptions of the Lot will be based on information provided to us by the Seller of the Lot (for which we are not liable).
9.2 Please note that the images of the Lots on our Website are for illustrative purposes only and although we have made every effort to display the size and colours accurately we cannot guarantee that a device’s display of the colours and size accurately reflects the colours and size of the Lots.
9.3 Please note that Lots are sold ‘as is. Neither we nor the Seller accepts any liability for any condition issues affecting a Lot if such issues are included in the description of the Lot in the Listing or are revealed by photographs of the Lot appearing on the Listing.
10. Warranties, Our disclaimers and liability to you
10.1 The Seller warrants to us and you that: (i) the Seller is the true owner of the Lot for sale; and (ii) the Seller can transfer good title to the Lot to you free from any third-party rights or claims.
10.2 The Website and the Platform are provided by us or our service providers without any warranties or guarantees. All users of our Website and/or the Platform bear the risks associated with the use of the internet.
10.3 Both our Website and Platform provide content from users, internet sites or resources. While we try to ensure that the material included on our Website and/or the Platform is correct, reputable and of high quality, we cannot accept responsibility if this is not the case. Except as expressly set out herein, we will not be responsible for any errors or omissions for the results obtained from the use of such information or for any technical problems users may experience with the Website and/or Platform. If we are informed of any inaccuracies in the material on our Website or the Platform we will attempt to correct the inaccuracies or ask our service providers to do so as soon as we reasonably can.
10.4 You acknowledge that the Website and the Platform are provided as is for public use, subject to registration. Registration is free of charge and as such we have no responsibility to users of our Website and/or the Platform for any downtime or errors on our Website or the Platform. If, because of errors on our Website and/or the Platform an order cannot be completed, our only responsibility to you is to enable Sellers to re-list Goods once our Website and/or the Platform is back up. In particular, we will not be liable for any loss of opportunity or disappointment suffered as a result of an order not being received by us.
10.5 In addition, neither we nor the Seller shall be responsible to you and you shall not be responsible to the Seller or us for any loss or damage any of us suffer that is not a foreseeable result of any of us not complying with the Terms. Loss or damage is foreseeable if it is obvious that it will happen or if at the time of the sale of the Lot, we, you and the Seller knew it might happen.
10.6 Your rights are primarily enforceable against the Seller as principal to the contract with you for the contract for the sale and purchase of your Lot. Notwithstanding that, subject to Clause 10.7, if we are found to be liable to you for any reason (including, amongst others, if we are found to be negligent, in breach of contract or to have made a misrepresentation), our liability will be limited to the total purchase price paid by you for any Lot.
10.7 Notwithstanding the above, nothing in these Terms limits the liability of us or employees or agents for:
10.7.1 death or personal injury resulting from the negligence of our employees, agents or subcontractors;
10.7.2 fraud or fraudulent misrepresentation; or
10.7.3 any liability which cannot be excluded by law.
11. Consumer Rights
11.1 If you purchase a Lot as a Consumer, several additional terms may be implied by law in addition to the Seller’s warranties (in particular under the Consumer Rights Act 2015). These Terms do not seek to exclude your rights under the law. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
12. Notices
12.1 Any notice given to a party under or in connection with this Agreement shall be in writing and shall be:
12.1.1 delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office; or
12.1.2 sent by email to the address provided by each party.
12.2 Any notice shall be deemed to have been received:
12.2.1 if delivered by hand, on signature of a delivery receipt; and
12.2.2 if sent by pre-paid first-class post next working day delivery service, 24 hours after it was posted; and
12.2.3 if sent by email, at the time of transmission.
12.2.4 clause 12 does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
13. Data Protection
13.1 We will only use your personal information as set out in these Terms for the buying and selling of a Lot. Please see our general terms and conditions for further information.
14. General
14.1 We act as an agent for our Sellers. The rights we have to claim against you for breach of these Terms may be used by either us, our employees or agents, or the Seller, its employees or agents, as appropriate. Other than as set out in this Clause, these Terms are between you and us and no other person will have any rights to enforce any of these Terms.
14.2 We may use special terms in the Listing for particular Lots. You must read these terms carefully along with any glossary provided on our Website.
14.3 The contract for the sale and purchase is between the Buyer and the Seller and us as Agent for the Seller. No other person shall have any rights to enforce any of its terms.
14.4 Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
14.5 We may change these Terms from time to time, without notice to you. Please read these Terms carefully, as they may be different from the last time you read them.
14.6 Except as otherwise stated in these Terms, each of our rights and remedies is:
14.6.1 are in addition to and not exclusive of any other rights or remedies under these Terms or general law; and
14.6.2 may be waived only in writing and specifically. Delay in exercising or non-exercise any right under these Terms is not a waiver of that or any other right. Partial exercise of any right under these Terms will not preclude any further or another exercise of that right or any other right under these Terms. Waiver of a breach of any term of these Terms will not operate as a waiver of a breach of any other term or any subsequent breach of that term.
14.7 These Terms and any dispute or claim arising out of or in connection with them (including any non-contractual claims or disputes) shall be governed by and construed by the laws of England and the parties irrevocably submit to the exclusive jurisdiction of the English courts.
CANCELLATION FORM
(Complete and return this form only if you wish to withdraw from the contract)
To: Newlyn School of Art
The Old Board School
Chywoone Hill
Newlyn
Penzance
Cornwall
TR18 5AW
I/We hereby give notice that I/We cancel my contract of sale of the following goods,
Artwork Name: ………………………………………………..
Artist: ……………………………………………………….
Brief description of Lot: ………………………………
Purchased on: ………………………………….
Name of consumer: …………………………………….
Signature of consumer(s) (only if this form is notified on paper),
…………………………………
Date: ……………………………