Terms & Conditions
This page (together with the documents referred to on it) tell you the terms and conditions on which we supply any of the products (Products) listed on our website www.art4youscotland.co.uk (our site) to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
Please click on the button marked “I Accept” at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.
1. INFORMATION ABOUT US
1.1 www.art4youscotland.co.uk is a site operated by A4Y Scotland Ltd trading as art4you Scotland (we). We are registered in Scotland under company number SC438629. Our registered office is c/o Nelson Gilmour Smith Chrartered Accountant, 53 Bothwell Street, Glasgow, G2 6TB, Our Head Office address is 107 Buchanan Street, Balfron, G63 0TW.
Users are responsible for maintaining the confidentiality of their accounts and passwords and for restricting access to their computers to prevent unauthorised access to your accounts.
Users are requested to ensure that the details provided for use in connection with this website are correct and complete and that they will inform of any changes.
When you visit the art4you Scotland website or send e-mails to us, you are communication with us electronically. We communicate with you by e-mail or by posting notices on the website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communication that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
4. Data Protection
The data that you provide to us during the transaction will only be used for the purpose of recording your payment. art4you Scotland shall abide by the principles of the Data Protection Act 1998 (and any amendment or re-enactment thereof) and ensure that the data is used for no other purpose and is disclosed to no third party other than may be required by law.
5. SERVICE AVAILABILITY ON PORDUCTS
We offer delivery to anywhere in the UK and a selected few countries in Europe, to find out more about delivery options and pricing, please visit our Delivery Page. You can order for delivery to a UK address if you are not resident in the UK by supplying your address as the billing address, and the recipients’ address as the delivery address.
6. Service Agreement on courses and classes
6.1 Attendance & Cancellation
art4you Scotland cannot re-reimburse participants for unattended classes unless it has been agreed beforehand for special circumstances (eg. illness, bereavement etc). You can make up for a missed regular class by attending another sessions within the running block or offer your place to a friend or family member.
art4you Scotland is unable to accept liability for the cancellation of proposed classes or courses prior to their scheduled start; in the event of such cancellation, and where possible, art4you Scotland will take reasonable steps to transfer students affected by the cancellation to similar or related course or class.
Should special circumstance e.g. weather condition prevent us from delivering on a specific day we will inform attendees in time that the class will be cancelled and issue vouchers to be used towards other courses or re-schedule.
A full refund can be issued for cancellation up to 4 weeks before course begin. Thereafter credits can be offered in certain circumstances. These can be used towards other courses if spaces are available. Please get in touch to discuss options.
art4you Scotland may take photos during classes and courses and photos of student works. We reserve the right to use any photos taken as marketing materials, appearing either in printed documents or on related websites or social media. Your consent of this condition is appreciated and will assist in the promotion of art4you Scotland. Your attendance signifies your acceptance of this permission unless otherwise state by you at the beginning of a course/class.
All materials are free of charge and included in the course price. For special projects or increased use of material by participants we may ask for additional payment. This will be announced beforehand or discussed with the individual.
6.4 Payments & Secure a place
To secure a place please book a selected course at least 14 days before start date and make payment by BACS (please get in touch for bank details) or cheque (cheques payable to art4you Scotland, 107 Buchanan Street, Balfron, G63 0TW). We also accept payment with Visa, Visa Delta/Debit, Visa Electron, Mastercard, UK Maestro, Solo and International Maestro.
This allows us to coordinate classes and avoid disappointment for people on waiting lists.
Last minute bookings can be made if places are available.
Check our course calendar to plan ahead.
art4you Scotland will retain 40% commission from any art work sold on behalf of the artist. Prices for art work will be agreed verbally or in written format with the individual artist.
7. YOUR STATUS
By placing an order through our site, you warrant that:
(a) You are legally capable of entering into binding contracts; and
(b) You are ordering for delivery to an address in the UK or one of the European countries we offer delivery to.
8. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
After placing an order, you will receive an e-mail from us acknowledging that we have received your order. The Contract will relate only to those Products.
9. OUR STATUS
9.1 Please note that in some cases, we accept orders as agents on behalf of third party sellers. The resulting legal contract is between you and that third party seller, and is subject to the terms and conditions of that third party seller, which they will advise you of directly. You should carefully review their terms and conditions applying to the transaction.
9.2 We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.
10. CONSUMER RIGHTS
10.1 If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 14).
10.2 To cancel a Contract, you must inform us in writing. You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
11. AVAILABILITY AND DELIVERY
Your order will be fulfilled usually within 3-5 working days. In rare situation delivery can take up to 28 days.
12. RISK AND TITLE
12.1 The Products will be at your risk from the time of delivery.
12.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges if applicable.
13. PRICE AND PAYMENT
13.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
13.2 These prices exclude delivery costs if applicable which will be added to the total amount due as set out in our Delivery Guide View Now
13.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Order Confirmation.
13.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our Order procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
13.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing.
13.6 Payment for all Products must be by credit or debit card. We accept payment with Visa, Visa Delta/Debit, Visa Electron, Mastercard, UK Maestro, Solo and International Maestro.
13.7 Your payment will take a minimum of 3 working days to reach your account.
13.8 art4you Scotland does not refuse card payment, but payment may be refused by your bank or building society. If this occurs we advise you to contact your bank or building society directly.
13.9 art4you Scotland cannot accept liability if a credit/debit card payment is declined by the card supplier. You should contact your card supplier, if there is a problem, as art4you Scotland is not obliged to inform you that a card has been declined.
13.10 art4you Scotland does not accept liability for payments being posted to the wrong account if you quote an incorrect number when making the payment. You should ensure that you receive confirmation of your payment at the end of the transaction, and you will be able to print a receipt.
13.11 If at any stage you are suspicious that an unauthorised third party may have accessed your data from art4you Scotland you must immediately contact the Finance Office + 44 1360 449 101 or Contact Us.
14. OUR REFUNDS POLICY
14.1 When you return a Product to us:
(a) because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 10.1 (above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us.
(b) for any other reason (for instance, because you have notified us in accordance with paragraph 20 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
14.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
15. OUR LIABILITY
15.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
15.2 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
15.3 This does not include or limit in any way our liability:
(a) For death or personal injury caused by our negligence;
(b) Under section 2(3) of the Consumer Protection Act 1987;
(c) For fraud or fraudulent misrepresentation; or
(d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
15.4 We are not 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, including but not limited to:
(a) loss of income or revenue
(b) loss of business
(c) loss of profits or contracts
(d) loss of anticipated savings
(e) loss of data, or
(f) waste of management or office time however arising and whether caused by delict (including negligence), breach of contract or otherwise, even if foreseeable;
provided that this clause 15.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 15.1 or clause 15.2 or any other claims for direct financial loss that are not excluded by any of categories (a) to (f) inclusive of this clause 15.4.
15.5 Where you buy any Product from a third party seller through our site, the seller’s individual liability will be set out in the seller’s terms and conditions.
15.6 We give no guarantee over the representation of colour swatches on this site. We accept no liability for any resulting loss or damage, not limited to but including categories (a) to (f) of clause 15.4.
16. IMPORT DUTY
16.1 If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
16.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
17. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to art4you Scotland at firstname.lastname@example.org. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 17. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
19. TRANSFER OF RIGHTS AND OBLIGATIONS
19.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
19.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
19.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
20. EVENTS OUTSIDE OUR CONTROL
20.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
20.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any government.
20.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
21.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
21.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
21.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 17.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
Unless otherwise stated, all content contained within this website is copyright to art4you Scotland or has been licensed to the art4you Scotland by the copyright owners. No part of the website may be reprinted or used elsewhere in any form without prior permission.
All trademarks are acknowledged
We endeavor to comply with copyright law. If, however, you believe that materials contained on the website may infringe this please contact us. art4you Scotland will, upon notification, consider removing any material open to legal objection pending investigation.
24. ENTIRE AGREEMENT
24.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
24.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
24.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
25. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
25.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
25.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
26. LAW AND JURISDICTION
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by the laws of Scotland. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of Scotland.