Terms and Conditions
Last updated: April 9, 2019
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the https://www.barnesatelier.com website (the "Service") operated by The Barnes Atelier Ltd ("us", "we", or "our").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Attendance
By attending a program/class/workshop/course of study at the Barnes Atelier of Art you are confirming your acceptance of the terms and conditions outlined in this agreement that The Barnes Atelier of Art cannot be held responsible or liable to you for any injury, illness, death, damage, loss or accident which may occur at anytime when you are present at the Barnes Atelier of Art.
Personal belongings, art and art-related materials are solely your responsibility at all times.
You agree to adhere to studio rules in relation to the use, storage and/or removal of any dangerous/hazardous materials.
The Barnes Atelier of Art reserves the right to cancel or reschedule any class/workshop in which case it is liable only for the tuition you paid to the The Barnes Atelier of Art. This will be refunded to you in full within 14 days of cancellation.
In the event of any disruptive and/or unlawful behaviour, the Barnes Atelier of Art reserves the right to cancel your enrolment without refund to you.
You understand and are obliged to abide by the payment terms listed in these terms and conditions.
At times the Barnes Atelier of Art, it’s tutors or studio monitors will take photos and/or videos for promotional purposes. This will be announced in advance of the act. Any student not wishing to be photographed should let the instructor know at that time.
Any photographs or videos and recordings made by students in attendance at the studio must obtain permission prior to doing so.
No photography of any kind should be taken of the models.
Payments
You are encouraged to familiarise yourself with your rights contained within the Sale of Goods Act 1979, Unfair Contract Terms Act 1977 and the Unfair Terms in Consumer Contracts Regulations 1999.
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. You expressly agree that The Barnes Atelier Ltd is not responsible for any loss or damage arising from the submission of false or inaccurate information.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to:
product or service availability
errors in the description or price of the product or service
error in your order or other reasons.
You expressly agree that The Barnes Atelier Ltd cannot accept any liability for loss or damage arising out of such cancellation.
We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.
We accept payment by BACs, Credit Card(via PayPal and Stripe).
Part-Time Workshops & Classes - Payment is due in full upon registration. For cancellations notified before 30 days of the start of the workshop or class, a full refund will be given. For cancellations made within 30 days of the start of the workshop or class, but not less than 7 days, course credit will be given. For cancellations made within 7 days of the start of the class no refunds will be given. No refunds will be given for any absences for any reason during the workshop.
Full-time / Part-time Atelier Study: A 20% non-refundable deposit is due upon being accepted for study, with the balance due in full 30 days prior to the start of term. For cancellations made within the first 10 days of the beginning of the initial term of study, a full refund will be given (less the initial deposit). For cancellations made after the first 10 days of class no refund will be given. Invoices for continual study are to be paid during the half-term week of the current term of study for the upcoming term. No refunds will be given for withdrawal from the course once fees have been paid. No refunds will be given for absences for any reason during the term.
On confirmation that you would like to undertake a course of study, you will receive an invoice detailing the various payment methods. Any payment not received within 7 days of the invoice date will result in your reserved position being offered to the next person on the waiting list.
Student Cancellations: All notifications for cancellations must be sent to the Barnes Atelier of Art in writing by post or by email for the attention of: info@barnesatelier.com
Availability, Errors and Inaccuracies
We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be priced incorrectly, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites. You expressly agree that any such offer of a product or service does not constitute a legal offer capable of attracting legal consequences.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. Section "Availability, Errors and Inaccuracies" is without prejudice to existing statutory rights.
Contests, Sweepstakes and Promotions
Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through the Service may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply. The terms and conditions of any other "Promotions" are independent of this agreement.
Intellectual Property
The Service and its original content, features and functionality are and will remain the exclusive property of The Barnes Atelier Ltd and its licensors. The Service is protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of The Barnes Atelier Ltd.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by The Barnes Atelier Ltd.
The Barnes Atelier Ltd has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that The Barnes Atelier Ltd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Termination
We may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Indemnification
You agree to defend, indemnify and hold harmless The Barnes Atelier Ltd and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.
Limitation Of Liability
In no event shall The Barnes Atelier Ltd, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorised access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
The Barnes Atelier Ltd its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Exclusions
Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will The Barnes Atelier Ltd ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Service, these Terms, the subject matter of these Terms, the termination of these Terms or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by The Barnes Atelier Ltd or any person for whom The Barnes Atelier Ltd is responsible, and even if The Barnes Atelier Ltd has been advised of the possibility of such loss or damage being incurred.
Governing Law
These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the service.
Privacy Policy and Cookie Policy
Please refer to our Privacy Policy and Cookies Policy. You agree that they constitute part of these terms. You must read our Privacy Policy and Cookies Policy before you use the Service.
Contact Us
If you have any questions about these Terms, please contact us.