Terms and Conditions
1. DEFINITIONS
In this document the following words shall have the following meanings:
1.1 “Buyer” means the organisation or person who buys Goods and/or Services from the Seller;
1.2 “Goods” means the articles to be supplied to the Buyer by the Seller;
1.3 “Services” means events, art workshops, art classes, art clubs, art tuition, online art classes, online tutoring, and art and craft workshops to be supplied to the Buyer by the Seller;
1.4 “Intellectual Property Rights” means all patents, registered and unregistered designs, copyright, trademarks, know-how, and all other forms of intellectual property wherever in the world enforceable;
1.5 “List Price” means the list of prices of the Goods and/or Services maintained by the Seller as amended from time to time;
1.6 “Seller” means Agnieszka Kurowska, trading as kurowska.art.
2. GENERAL
2.1 These Terms and Conditions shall apply to all contracts for the sale of Goods and/or Services by the Seller to the Buyer, to the exclusion of all other terms and conditions referred to, offered, or relied on by the Buyer unless agreed in writing by the Seller.
2.2 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall only be applicable if agreed in writing by the Seller.
3. PRICE AND PAYMENT
3.1 The price shall be that in the Seller’s current List Price or as agreed in writing. Prices are exclusive of any additional costs. Carriage shall be paid for by the Buyer.
3.2 Payment is due as follows:
3.2.1 Parents/Individual Bookings: Payments must be made online or via bank transfer. Upfront invoices are not provided for website bookings.
3.2.2 School Art Clubs: Invoices are provided to schools that take bookings, with payment terms of 30 days unless otherwise agreed in writing.
3.3 The Seller reserves the right to charge interest on overdue invoices at a rate of 15% per annum above the base rate of Lloyds Bank.
3.4 The Seller reserves the right to introduce discounts and price changes at any time without the possibility of a refund. Prices may vary according to demand.
3.5 If payment is not made by the due date, the Seller may:
3.5.1 require payment in advance for undelivered Goods and/or Services;
3.5.2 refuse delivery of any undelivered Goods and/or Services;
3.5.3 terminate the contract.
4. RESCHEDULING SERVICES
4.1 For art classes (Drawing and Watercolour, Painting Art Classes for Kids Acrylic on Canvas, GCSE Art Classes, online art classes, and online tutoring), the Buyer may request rescheduling to a different date, subject to availability, by notifying the Seller via email at least 6 days prior to the scheduled class.
4.2 Requests made with less than 6 days’ notice will not be eligible for rescheduling, and the class fee will not be refunded.
4.3 Bookings are non-transferable. Substitutions, such as sending a different child in place of the originally booked child, are not allowed.
4.4 Half-Term Art and Craft Workshops: Rescheduling is not available for bookings made for half-term art and craft workshops.
5. DESCRIPTION
Any description of Goods and/or Services is for identification purposes only and does not constitute a sale by description.
6. DELIVERY OF GOODS
6.1 Delivery of Goods will take place at the Buyer’s specified address unless agreed otherwise in writing.
6.2 Delivery dates are estimates and not guaranteed.
6.3 If the Seller is unable to deliver due to circumstances beyond its control, the Goods may be stored at the Buyer’s expense until delivery is possible.
6.4 Replacement Goods or refunds will be offered if Goods are damaged in transit, provided the Seller is notified within 24 hours of delivery.
7. RISK AND TITLE
7.1 Risk remains with the Seller until the Goods are delivered to the Buyer’s specified address or collected by the Buyer.
7.2 If the Buyer chooses to arrange their own collection or courier, risk passes to the Buyer once the Goods are handed over to the courier or collected.
7.3 Title to the Goods remains with the Seller until payment is made in full.
8. REFUNDS AND CANCELLATIONS
8.1 Refunds are offered only if the Seller cancels the Service.
8.2 Absence due to illness or personal reasons does not entitle the Buyer to refunds or rescheduling if notice is not provided as per Clause 4.
8.3 Booking fees are non-refundable.
9. WARRANTY
9.1 Defective Goods supplied by the Seller will be repaired, replaced, or refunded within 14 days of delivery, subject to the following conditions:
9.1.1 Notification in writing upon discovery of the defect;
9.1.2 The defect arises from the Seller’s design, materials, or workmanship.
10. LIABILITY
10.1 The Seller accepts no liability for:
10.1.1 the quality or fitness of Goods/Services for a specific purpose;
10.1.2 damage to property during Services;
10.1.3 representations made prior to the contract.
10.2 Liability is limited to the price paid under the contract.
11. HEALTH AND SAFETY DURING SERVICES
11.1 Participants must follow all safety instructions provided during Services.
11.2 Nuts and nut derivatives are prohibited at all events for safety reasons.
11.3 Services have recommended age ranges, and enrolments outside this range may be refused without refund.
11.4 Parents/guardians are responsible for participants under 18.
11.5 Parent/guardian involvement is mandatory for children with disabilities or special needs.
12. INTELLECTUAL PROPERTY RIGHTS
All Intellectual Property Rights arising from the performance of the contract belong to the Seller.
13. FORCE MAJEURE
The Seller is not liable for delays caused by events beyond its reasonable control, such as acts of God, strikes, pandemics, or machinery breakdowns.
14. DATA PROTECTION
The Seller complies with the UK GDPR and the Data Protection Act 2018. Personal data is processed solely for the purpose of delivering Goods and/or Services. For more details, see the Privacy Policy.
15. COMPLAINTS
For complaints, please contact the Seller at complaints@artclubs.kids. Complaints will be addressed within 14 working days.
16. GOVERNING LAW AND JURISDICTION
This Agreement is governed by the laws of England and Wales, and disputes shall be subject to the exclusive jurisdiction of English courts.