PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE ORDERING A COURSE.
We amend these terms and conditions from time to time. You are bound by any such amendments and should therefore periodically visit our website www.jobansall.art (“the Site”) (and at least every time you wish to use the Site) to review and ensure you understand the current terms by which you are bound.
Our terms
These terms
What these terms cover. These are the terms and conditions on which we supply our on-line art courses to you (“Courses”).
Why you should read them. These terms tell you who we are, how we will provide Courses via our website www.theflyingplum.com (“the Site”) to you, how between us, what to do if there is a problem and other important information.
Information about us and how to contact us
Who we are. I am Jo Bansall, a sole trader. Our address is 19 Coombe Lane, Bristol BS9 2AF.
To contact us You can contact us by writing to us at jo@jobansall.art
How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
"Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
Our contract with you
In buying an on-line Course or other services you agree to these terms and conditions. Our acceptance of your purchase will take place when we send you an automated notification that your payment has been processed at which point a contract will come into existence between you and us.
Payment Terms
The Price of any Course will be displayed on the site (excluding any VAT). If you purchase a Course on the Site the price (including any applicable VAT) will be shown prior to completion of the entire transaction and will be debited from your credit or debit card any time after you make an order for a Course. Credit or debit card details are collected over a secure link and you will be asked if you would like us to register those card details in order to facilitate any future purchases. If you agree to this we, or our third party payment service providers, will store your card details securely and, unless and until you notify us, we will use them for any future orders.
Our rights to make changes
Minor changes to the products.
We reserve the right to make changes to or withdraw at any time Courses referred to on the Site.
Providing the Courses
Delivery costs. The costs of delivery (if any) will be as displayed to you on our website.
When we will provide the products.
6.2.1 A Course will be available to you from the date we accept your order.
6.2.2 We will supply the Course to you until either the Course is completed or you or we end the contract between us in accordance with these terms.
We are not responsible for delays outside our control. If our supply of the Courses is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
Reasons we may suspend the supply of Courses to you. We may have to suspend the provision of a Course to:
6.4.1 deal with technical problems or make minor technical changes;
6.4.2 update the Course to reflect any changes in relevant laws and regulatory requirements.
Your rights if we suspend the supply of Courses. We will where reasonably possible notify you in advance to tell you we will be suspending supply of a Course, unless the problem is urgent or an emergency. Such notification may be by email or by notice on the site. You may contact us to end the contract for a Course if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 3 months and we will refund a pro rata amount of the amount you have paid in advance for the Course in respect of the period after you end the contract.
Your rights to Cancel the contract
If you are a consumer then for most goods and services bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
However we also offer a goodwill guarantee which is more generous than your legal rights under the Consumer Contracts Regulations in the ways set out below. This goodwill guarantee does not affect your legal or statutory rights:
Right under the Consumer Contracts Regulations 2013
How our goodwill guarantee is more generous
You have a 14 day period to change your mind commencing the day after we send you notification of acceptance of your order or, if earlier, until you start downloading the Course.
21 day period to change your mind commencing the day after we have sent you notification of acceptance of your order.
How to cancel the contract with us
To end the contract with us, please let us know by doing one of the following:
8.1.1 Email. Email us at jo@jobansall.art. Please provide your name, home address, details of the order and, where available, your phone number and email address.
8.1.2 Online. Complete the Cancellation Form
8.1.3 By post. Print off the Cancellation Form and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the products by the method you used for payment. However, we may make deductions from the price, as described below.
When your refund will be made. We will make any refunds due to you within 14 days of your cancellation notice.
If there is a problem with the Course or the Site
How to tell us about problems. If you have any questions or complaints about the Course, please contact us by email at jo@jobansall.art
We are not liable for business losses. If you are a consumer we only supply the Courses to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 11.
Our responsibility for loss or damage suffered by you if you are a business
Nothing in these terms shall limit or exclude our liability for:
11.1.1 death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
11.1.2 fraud or fraudulent misrepresentation;
11.1.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
11.1.4 defective products under the Consumer Protection Act 1987; or
11.1.5 any matter in respect of which it would be unlawful for us to exclude or restrict liability.
Except to the extent expressly stated in condition 11.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
Subject to condition 11.1:
11.3.1 we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
11.3.2 our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you under such contract].
How we may use your personal information
How we will use your personal information. We will only use your personal information as set out in our Privacy Policy.
Other important terms
You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
Nobody else has any rights under this. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Which laws apply to this contract and where you may bring legal proceedings.
If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.