KIRSTY PARTRIDGE ART LIMITED
online consumer terms and conditions

1. Where to find information about us and our services
You can find everything you need to know about Kirsty Partridge Art Limited (we, us or our) and our online art courses (Courses), online digital guides and resources (Resources) and subscription-only members portal (Members Area) (collectively, our Products) on https://kirstypartridge.com (our Website) before you agree to purchase and/or subscribe to our Products. We also confirm the key information to you in writing after you order by email and/or, where you have subscribed to our Members Area (and are therefore a Member), in your membership account in the Members Area.

2. WE ONLY ACCEPT ORDERS WHEN WE'VE CHECKED THEM

We contact you via email to confirm we've received and accepted your order. You may also receive an email from our third party payment provider containing a receipt for your purchase.

3. SOMETIMES WE REJECT ORDERS

Sometimes we reject orders, for example because a Course has been over-subscribed to, where we are advised to do so due to tax or accountancy reasons (in particular in relation to value added tax or other similar forms of tax), because you are located in a particular country outside the UK, or because the Product was mispriced by us. When this happens, we let you know as soon as possible and refund any sums you have paid.

4. WE CHARGE YOU ONCE YOU HAVE PLACED YOUR ORDER AND (where applicable) AT REGULAR INTERVALS

4.1 You can pay for our Courses and/or our Resources in the following ways:
4.1.1 by making a one-off payment:
a) via PayPal (subject to PayPal’s terms and conditions); or
b) using a debit/credit card through our selected payment processor, Stripe. We accept the same debit and credit cards as accepted by Stripe; or
4.1.2 by entering into a direct debit or similar payment plan arrangement with us, as outlined on our Website and as explained to you during the order process..
4.2 You can pay for our Members Area by entering into a direct debit or similar payment plan arrangement with us, as outlined on our Website and as explained to you during the order process.
4.3 You shall, when placing an order with us, provide us with valid, up-to-date and complete debit/credit card details acceptable to us or registered PayPal account details and any other relevant valid, up-to-date and complete contact and billing details or, where you have already provided us with such information, ensure that such information is up-to-date.
4.4 Where you specify that you wish to pay for the Products using a debit card, credit card or registered PayPal account, we shall use the information you have provided under clause 4.3 to bill your debit or credit card or registered PayPal account for the price of the Products.
4.5 For any of our Products, if we have not received payment by the relevant due date, we may, without liability to you, disable your password, account and access to all or part of our Website and/or any or all of our Products, and we shall be under no obligation to provide access to any or all of our Website and/or any or all of our Products while any payments concerned remain unpaid.

5. WE DO NOT CHARGE INTEREST ON LATE PAYMENTS
If we're unable to collect any payment you owe us, we do not charge interest on the overdue amount but we may revoke your access to our Members Area and/or suspend your ability to access and/or use our Resources and/or Courses.
 

6. WE PASS ON INCREASES IN VAT
If the rate of VAT changes between your order date and the date we supply and/or make available our Product to you, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.
 

7. THE PRODUCTS PROVIDED BY US
7.1 We will take reasonable steps to ensure that any Courses, Resources and/or data files provided to you, or accessible within our Members Area, are free of any viruses, trojan horses, worms or similar things or devices.
7.2 We will use reasonable endeavours to ensure that the Products are provided continuously and that access to our Members Area is not interrupted by any event within our control. For the avoidance of doubt and in addition to clause 8, we shall have no liability to you under these terms and conditions if we are prevented from providing the Products and/or providing you with access to the Members Area where this is due to the default of our sub-contractors, hosting providers and/or other third parties who provide support services in respect of the Products and/or the Members Area. We will try to notify you in advance of any planned downtime, which, if reasonably practicable, will be scheduled outside normal United Kingdom office hours. We shall not be responsible for any non-availability of the Members Area caused by any event outside of our control or for any loss or damage caused as a result.
7.3 Our policy is to conduct our business at all times in a professional manner and to best practice standards. We use our reasonable endeavours to maintain and develop our Products to meet our customers’ needs. However, you acknowledge that:
7.3.1 the Products may include archived information and other content, which may be incorrect or out of date;
7.3.2 we are a provider of creative Products which are general and educational in nature. We do not guarantee or make any commitment that, as a result of purchasing and/or subscribing to any of our Products, your artistic skills will develop by any particular degree or to any particular standard (if at all) and we do not accept any responsibility for any subsequent loss you may incur as a result of you expecting your artistic skills to develop by any particular degree or to any particular standard as a result of purchasing and/or subscribing to our Products;
7.3.3 we give you no warranty or assurance that the Products and our means of delivering them are compatible with your software, computer configurations or whatever device you are accessing our Products on or through; and
7.3.4 where you have purchased one of our Courses, our Website states that you will have “lifetime” access to the Resources made available to you as part of that Course. For the avoidance of doubt, this means that you will have access to such Resources for as long as we continue to make the Course to which those Resources relate available via our Website and we may withdraw any of our Courses at any time in accordance with clause 14.
7.4 In using our Products and/or our Website, you must comply at all times with our Website Community Guidelines 

8. WE'RE NOT RESPONSIBLE FOR DELAYS OUTSIDE OUR CONTROL
If our supply of Products is delayed by an event outside our control (which may include a war or threat of war, riot, civil strife, terrorist activity or actual threatened terrorist activity, pandemic or epidemic, government control or other action, industrial dispute, natural or nuclear disaster and all other similar events), we will contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won't compensate you for the delay. However, if the delay is likely to be substantial you can contact us using the contact details on our Website to end your contract with us and receive a refund for any Products you have paid for in advance, but not received, less reasonable costs we have already incurred.

9. YOU HAVE A LEGAL RIGHT TO CHANGE YOUR MIND, PLUS EXTRA RIGHTS UNDER OUR GUARANTEE
9.1 Your right to change your mind. For all of our Products, you have a legal right to change your mind and receive a full refund of any fees paid for 14 days after the date we confirm your order. However, please note that:
9.1.1 you lose the right to change your mind and receive a full refund if we have already completed our provision of the relevant Products to you (and you must pay for any Products provided up the time you cancel);
9.1.2 If you bought a Course, we will not refund you for the time you had access to the Course or the proportion of the Course you had completed before you told us you'd changed your mind.
9.1.3 you lose the right to cancel your purchase of any Resources when you start to download them.
9.2 How to let us know and what happens next. If you change your mind about a Product you have purchased or subscribed to, please contact us using the contact details on our Website. We refund you as soon as possible and within 14 days of you telling us you've changed your mind. We refund you by the method you used for payment. We don't charge a fee for the refund.
9.3 Our goodwill guarantee. In addition to your legal rights under clause 9.1, we offer our customers a more generous 30-day goodwill guarantee for our Products which is set out below. This goodwill guarantee does not affect your legal rights if there is something wrong with your service (for more on those rights see clause 11).

Your legal rights- 14 days to change your mind and obtain a full refund of any fees paid
How our goodwill guarantee is more generous- 30 days to change your mind and obtain a full refund of any fees paid

10. How YOU CAN END a CONTRACT for the Members Area
10.1 Where you have entered into a contract with us for access to our Members Area, your contract with us shall continue:
10.1.1 for any free-trial period (if applicable);
10.1.2 depending on whether you have purchased monthly or yearly access to our Members Area, for an initial term of one month or twelve months (the Initial Term); and
10.1.3 thereafter, depending on whether you have purchased monthly or yearly access to our Members Area, for successive periods of one month or twelve months (each a Renewal Term),
unless:
10.1.4 you notify us via email (using the contact details on our Website) that you wish to end the contract. Provided that you notify us before the end of any free-trial period and at least 30 days before the end of the Initial Term or any Renewal Term, your contract for access to our Members Area will end upon the expiry of the free-trial period, Initial Term or Renewal Term (as applicable). If you do not give us sufficient notice to cancel your contract, your contract will be extended as set out in clauses 10.1.2 and 10.1.3 (as applicable); or
10.1.5 the contract is otherwise ended in accordance with the provisions of these terms and conditions.
If you have any questions about how you can end an on-going contract with us for our Members Area, please contact us using the contact details on our Website.

11. YOU HAVE RIGHTS IF THERE IS SOMETHING WRONG WITH YOUR Products
If you think there is something wrong with your Products, you must contact us using the contact details on our Website. Your legal rights are summarised below. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk.

Summary of your key legal rights
 

If your product is digital content, for example, any of our Resources, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
- If your digital content is faulty, you're entitled to a repair or a replacement.
- If the fault can't be fixed, or if it hasn't been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.
- If you can show the fault has damaged your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation

If your product is services, for example, any of our Courses, the Consumer Rights Act 2015 says:
- You can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.
- If a price hasn't been agreed upfront, what you're asked to pay must be reasonable.
- If a time hasn't been agreed upfront, it must be carried out within a reasonable time.

12. WE CAN CHANGE our Products AND THESE TERMS
12.1 Changes we can always make. We can always change a Product or these terms:
12.1.1 to reflect changes in relevant laws and regulatory requirements; and
12.1.2 to make minor technical adjustments and improvements, for example to address a security threat. These are changes that don't affect your use of the Products.
12.2 Changes we can only make if we give you notice and an option to terminate. We can also make material changes to our Products or these terms, but if we do so we'll notify you and you can then contact us to end your contract with us before the change takes effect and receive a refund for any Products you've paid for in advance, but not received.

13. WE CAN SUSPEND SUPPLY and/or access to our Products (AND YOU HAVE RIGHTS IF WE DO)
13.1 We can suspend the supply of and/or access to any of our Products. We may do this to:
13.1.1 deal with technical problems or make minor technical changes;
13.1.2 update the Products to reflect changes in relevant laws and regulatory requirements; or
13.1.3 make changes to the Products (please see clause 12).
13.2 We will let you know, may adjust the price and may allow you to terminate. We contact you in advance to tell you we're suspending the supply of and/or access to our Products, unless the problem is urgent or an emergency. If we suspend the supply of and/or access to the Products over the duration of your contract with us, we may adjust the price so you don't pay for the Products while they are suspended and/or you are unable to access them. If we suspend supply and/or access, or tell you we're going to suspend supply and/or access, for a significant period of time, you can contact us using the contact details on our Website to end the contract and we'll refund any sums you've paid in advance for Products you won't receive or have not received.

14. WE CAN WITHDRAW SERVICES
We can stop providing any of the Products or making the Products available via our Website. We let you know if we do this and refund any sums you've paid in advance for Products which won't be provided.

15. WE CAN END OUR CONTRACT WITH YOU
15.1 We can end our contract with you and claim any compensation due to us if:
15.1.1 you don't make any payment to us when it's due and you still don't make payment following us or our payment provider making repeated attempts to contact you and arrange for you to make payment; and
15.1.2 you don't, within a reasonable time of us asking for it, provide us with information, co-operation or access that we need to provide the Products.

16. WE DON'T COMPENSATE YOU FOR ALL LOSSES CAUSED BY US OR OUR Products
16.1 We're responsible for losses you suffer caused by us breaking this contract unless the loss is:
16.1.1 Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
16.1.2 Caused by a delaying event outside our control. As long as we have taken the steps set out in clause 8.
16.1.3 Avoidable. Something you could have avoided by taking reasonable action, including following our reasonable instructions for use.
16.1.4 A business loss. It relates to your use of a Product for the purposes of your trade, business, craft or profession.

17. WE USE YOUR PERSONAL DATA AS SET OUT IN OUR PRIVACY Policy
How we use any personal data you give us is set out in our Privacy Policy.

18. YOU HAVE SEVERAL OPTIONS FOR RESOLVING DISPUTES WITH US
18.1 Complaints policy. We will do our best to resolve any problems you have with us. If you wish to make a complaint about us, our Website and/or our Products, please contact us using the contact details on our Website.
18.2 You can go to court. These terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.

19. OTHER IMPORTANT TERMS APPLY TO OUR CONTRACT with you
19.1 We can transfer our contract with you, so that a different organisation is responsible for supplying your service. We'll tell you in writing if this happens and we'll ensure that the transfer won't affect your rights under the contract.
19.2 You can only transfer your contract with us to someone else if we agree to this.
19.3 Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
19.4 If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
19.5 Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later.