DETAILED TERMS & CONDITIONS

1. These Terms and conditions will apply to the purchase of the services and goods by you (the customer)

2. Maria Vazquez trading as RTSY The Creative School of Art of 20 Pembroke Ave, EN14HB, with email address rtsy.contact@gmail.com (the supplier or us or we)

3. These are the terms on which we sell all services to you. By ordering any of the services, you agree to be bound by these terms and conditions.

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A: RULES:

1. These terms and conditions (T&C) together with any specific rules set out in any Application Notice, as defined in Clause 2B below, are or form part of the rules of Application (“Rules”). They apply to any request to book, register or apply (“application”) to any class, course or workshop featured in any RTSY the creative school of art announcement or publication whether in print, electronic media (inclusive online and social media content) or public broadcast unless otherwise expressly stated in the application notice. By filling out an application you the applicant (“Student / Participant”) agree to be bound by these Rules.

2. Rules specific to each application are defined on the Application Notice page.

1. 1. Such application notice may appear in publications as mentioned in clause 1 above. In the event of discrepancy between these terms and conditions and the Application Notice, the Application Notice shall prevail.

   2. An ‘application notice’ includes but is not mutually exclusive to any publication about a class, course, or workshop where such notice invites the applicant to book or apply to a class, course or workshop provided by RTSY.

1. For the purpose of these terms and condition, the use of

1. 1. class, course, workshop or event are mutually interchangeable unless specifically stated to be otherwise.

   2. RTSY The Creative School of Art is also referred to as RTSY. Further where the word ‘we’ or ‘us’ is used this too will refer to RTSY.

   3. Artist-tutor, tutor, lecturer or teacher refer to one and the same thing.

   4. The school refers to the RTSY or its representatives and

      1. Depending on context this includes our Artist-tutors, RTSY Administrators, Studio assistants and technicians, and any individual who is expressly identified as part of the RTSY.

      2. This does not include visiting artists or independent contractors working on our premises.

   5. Student includes any individual undertaking any RTSY course regardless of artistic experience.

   6. The words apply, book, register or application all refers to the same act and may be used inter-changeably to making an application to do a course at the RTSY.

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B: ELIGIBILITY:

1. Residential status.

   1. To qualify to book a course at the RTSY you must be legally resident in the United Kingdom. The address you provide with your application may be used to send any follow-up correspondence so please make sure this is correct.

   2. Applicants not covered by Cl 1. 1 above.

      1. EU Residents: All rules and regulations as pertaining to EU residents applying for art courses within the United Kingdom remain in force pending the final agreement to be reached between the United Kingdom and the European Union following the UK Referendum of July 2016. It will be your responsibility to ensure that you adhere to any rules or regulations that could affect your attendance of any course at RTSY The Creative School of Art.

      2. Non-UK or EU Residents: Please ensure you have all the necessary documentation to live and study in the United Kingdom before you apply for any activity held by the RTSY. For more information on how to meet these requirements please contact the British High Commission, Embassy or Consulate in your country of residence.

      3. RTSY The Creative School of Art is not accredited to help meet any requirements with regards to any visa applications or immigration requirements.

   3. By applying to study at the RTSY you hereby warrant that all information submitted by you is true, current and complete.

   4. RTSY The Creative School of Art reserves the right to request proof of eligibility should it deem it necessary; this may include but is not restricted to providing valid photographic identification, proof of residence or proof of visa status.

1. RTSY assumes that by reading these terms and conditions, our publications, application notice and or applying for a course you are over 18 years of age and able to enter into contractual agreements. If you are 18 years or less your application must be present by your parent(s)/guardian(s) who MUST be fully aware and have consented on your behalf to your application and to your adherence these terms and conditions. We STRONGLY recommend that you seek such permission and advice from your parent/guardian prior to making any application with RTSY.

1. RTSY reserves the right to disqualify any applicant if it has reasonable grounds to believe the applicant has breached any of the terms and conditions within this document.

2. If any applicant is disqualified RTSY in its sole discretion may decide whether a replacement should be selected. In this event any replacement will be selected on the same criteria as the original applicant and will be subject to these terms and conditions.

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C: GENERAL COURSE PROVISIONS

1. Places on Courses are allocated on a first to pay basis; we cannot guarantee your place on a course prior to receipt of full payment. If the course of your choice is fully booked, you will be offered the next available date.

2. Attendance of the course or part thereof is at your discretion ‘Without Prejudice’ to clauses E.4.3 and F and [L:4]

3. You are expected to comply with all rules and regulations issued by us and pay particular attention to any requirements as to health and safety, dress or the wearing of protective equipment.

4. We will endeavour to supply the artist-tutor advertised for any Course but reserve the right to change the teacher or timing or content of any course due to the unavailability of the teacher for the Course at any time.

5. Please pay particular attention to the details of each Course prior to booking. If you have a disability or in need of additional support, please contact us before booking as some courses may be unsuitable due to the nature of the location or demands of the course. 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.

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D: FEES, REFUNDS, CANCELLATION & NON ATTENDANCE

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.

The Course fees may include the cost of some basic art materials for studio-based classes however

• please see the specific course description (or contact the school) for details of the materials provided and for what you will need to bring to your class.mm

• Certain courses may incur supplementary charges for travel/materials which may be purchased through the school.

• Fees can be paid online by credit or debit card

In the case of non attendance payments will not be refunded

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E: CANCELLATION

Your place will be confirmed on receipt of the full fee amount.

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In the event you have to cancel up to three weeks (21 days)  before the start of the class we will refund you 100% of your fee. In the case of a cancellation two weeks (14 days) before the start of the class you will receive a 50% refund of the full fee. In the case of a cancellation one week (7 days) before the start of the class you will receive a 25% refund of the full fee. After one week (7 days) before the start of the class the fee is non-refundable.

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If, at any point, you wish to cancel and you are able to find us a student to take your place your place would be fully transferable. Please note it will be your responsibility to get any reimbursement from your replacement and not the school's.  Please inform the school in due time about the replacement giving us the student's full name and contact details.

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Friends and family may attend any course in your place provided we have been given 24 hours' notice before the course commences. You will need to provide us with the names, contact details and medical information of anyone attending in your place.

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In the event of an illness (or family illness) preventing your attendance, we may, at our sole discretion and on a case-by-case basis vary our cancellation policy and we may ask for documentary evidence to make this decision.Without prejudice to the aforementioned the school within reason will take the most sympathetic view possible when this clause.

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F: YOUR CONDUCT

1.   All students are expected to conduct themselves in a reasonable manner and in accordance with our rules and regulations and to recognise that other students also require support and assistance.

2.   If we in our sole discretion, consider that you have behaved in an unacceptable manner then we reserve the right to require you to leave the course/event immediately.

G: ACCOMMODATION AND TRANSPORT TO AND FROM COURSES

This clause is subject to the provision of Clause J.7 below.

You are responsible for arranging your own accommodation and transport where applicable.

1. Although we may list local providers of accommodation or transportation on our website to try to assist you, you are responsible for contracting directly with the provider.

2. When making your booking plan for cancellations whether that is as the result of a cancellation of a Course by us or by you.

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H: ORDERING CLASSES

1. The steps required to create these Terms are a legally binding contract between you and us are as follows:

   1. You place an order on the Site by going through the checkout when you are booking a class or alternatively you may call us and order by telephone; the provisions for online purchase will apply in the same way. You may only pay by way of debit or credit card (not cheques or cash).

   2. When your order is placed with us at the end of the online checkout process (e.g. when you click on the ‘pay’ button), we will email you to acknowledge that we have received your order. This order acknowledgement does not, however, mean that your order has been accepted by us.

   3. We may send you an email to say that we do not accept your order. This is typically for the following reasons:

      1. the class are not available

      2. we cannot obtain authorisation of your payment

      3. you are not permitted to purchase the course

      4. there has been an error by us on the pricing or description of the classes and in the event that the price has been entered incorrectly by mistake then we will contact you as soon as possible to inform you of the correct price

1. We will only accept your order when we send you an email that confirms this (Confirmation email). At this point, a legally binding contract will be in place between you and us.

2. When you buy classes from us under these Terms you have legal rights. These are also known as ‘statutory rights’ as they are derived from laws such as the Sale of Goods Act 1979 (as this Act has been amended from time to time). The law gives you certain legal rights including that the services are of satisfactory quality, as described, and fit for their purpose. Nothing in these Terms affects these legal rights. Further information on your legal rights can be obtained from your local Citizens’ Advice Bureau (org.uk).

3. When booking a class on the Site, you should take care to ensure that all of the information that you provide to us is correct although we appreciate that from time-to-time errors might be made. Therefore, please ensure that you take enough time to read and check your booking before submitting it to us. If you need to correct any errors, you can do so before submitting it to us.

4. If you are under the age of 18 you may not book any classes from the Site without prior agreement between an adult who is your parent/guardian and the school. Such consent will need to be sought for each purchase you make unless it is made in furtherance of a consented purchase.

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I: PAYMENT

1. You may pay for the classes by using credit cards and debit cards as set out on our website pages (but not by cheques or cash).

2. We will do all that we reasonably can to ensure that all of the information which you provide to us when paying for the class is secure by using an encrypted secure payment mechanism but in the absence of negligence on our part, 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 provide to us.

3. Your credit card or debit card will only be charged when the classes are booked.

4. All payments by credit card or debit card need to be authorised by the relevant card issuer.If your payment is not received by us and you have already attended the class that you booked from us, you must pay for such class within 30 days. If you do not pay for the class in accordance with this clause, we may collect the pay from you at your expense. We will email to let you know if we intend to do this.

5. The fee for the class is quoted in GBP (unless stated otherwise on our Shop pages.

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J: LIABILITY

1. The following provisions set out our entire financial liability (including any liability for the acts or omissions of employees, agents and subcontractors) to you in respect of:

   1. Any breach of this Agreement; and

   2. any representation, statement or tortuous act or omission including negligence arising under or in connection with the Agreement.

2. Save for provisions implied under Sale of Goods Act 1979, the Consumer Protection Act 1987(or any other law) which it is not permitted to exclude, all other warranties, conditions and other terms implied by statute or common law are to the fullest extent permitted by law, excluded from this Agreement.

3. Nothing in this agreement excludes or limits our liability for personal injury or death caused by our negligence or fraudulent misrepresentation.

4. Subject to Clauses J:1.A and J:1.B we will only be legally responsible to you for any loss or damage which is a reasonably foreseeable consequence of a breach of these Terms. Losses are foreseeable where they could be contemplated by you and us at the time these Terms are entered into. We are not legally 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 (such as loss of profits or loss of opportunity).

5. 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.

6. We will not be liable for any loss suffered by you resulting from any course or event which is beyond our reasonable control including but not limited to acts of God, wars, riots, civil commotions, civil disobedience, 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.

7. 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 in relation to 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.

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K: DATA PROTECTION/ INTELLECTUAL PROPERTY

For purpose of this clause personal information is deemed to be the same as personal data. We define Personal Data as anything that allows a living person to be directly or indirectly identified. This may be a name, an address, or even an IP address. 

1. We will only use the personal information you give us to

   1. help us provide you with courses, events and or workshops as per your request. This includes passing on your information to our financial payment platform to process any fees, costs or charges and any delivery service we deem necessary to courier information and or materials to you in aid of your studies with us.

   2. provide you with information on courses, events or workshops unless you tell us that you do not want to receive this information.

2. We may sub-contract the provision of our classes or any element of it (including the hosting of our Shop and Website) and also 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

3. 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 license 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 publications.

4. 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 “RTSY The Creative School of Art”. You may not modify, copy, reproduce, republish, upload, post, transmit, distribute by any means or in any manner any material or information on or downloaded from our website without our permission.

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L: GENERAL

1. We reserve the right to make changes to or suspend any aspect of our Website, Courses or publications from time to time.

2. You undertake and warrant that all the information that you supply in relation to 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 L:2 entitles us to cancel your booking and attendance of the course without any refund at any time.

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 from 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.

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).

5. All correspondence should be sent to the contact details provided to you when you make a Course booking. 

6. Correspondence from the school 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.

7. You agree to indemnify us in relation to any complaint or action taken against us by any third party as the result of your behaviour or actions whilst attending at 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 in 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.

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.

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