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Terms and Conditions

Terms and Conditions

 

  1. Booking

By placing a booking via submitting a Booking Form online you confirm that you as the Customer have read, understood, and accepted these Terms and Conditions. The Customer is responsible for ensuring that any other Participant that they are paying Fees for is also aware of and agree to abide by these Terms and Conditions. All references to the Terms and Conditions refer to these Terms and Conditions as amended and updated from time to time.

If we need to contact you, we will do so by telephone or by writing to you at the email address or postal address you have provided in your Booking Form.

  1. About Pottery Gagliano/Gagliano Ceramic School

Correspondence can be sent to Pottery Gagliano,16-30 Hollingdean Road, Brighton, BN2 4AA or by email to contact@potterygagliano.co.uk.

Pottery Gagliano/Gagliano Ceramic School is registered with the Information Commissioner’s Office (ICO) for data protection, reference number A8486947.

  1. Definitions

“Agreement” means these Terms and Conditions and the Booking Form.

“Booking Form” means the online form relating to the booking of Courses or Open Studio which incorporates these Terms and Conditions.

“Course” means any specific event, workshop or tuition which Pottery Gagliano/Gagliano Ceramic School offers.

“Customer” means the person having paid the Fees for a Course or Open Studio.

“Fee” means the amount payable for the courses, events, workshops or Open Studio – in person or online as detailed in the Booking Form.
“Open Studio" means use of the Pottery Studio without tuition which Pottery Gagliano/Gagliano Ceramic School offers at an hourly rate.

“Participant” means the person attending the Pottery Studio for a Course or Open Studio time.

“Pottery Gagliano/Gagliano Ceramic School” means the entity with which you have entered into this Agreement.

"Pottery Studio" refers to the premises at which Pottery Gagliano/Gagliano Ceramic School operates.

  1. Booking, Payment & Cancellation

Courses and Open Studio time must be booked online using the Booking Form, or in person, and the Fee must be paid in advance of the Course, unless otherwise agreed and can be proven by document, online or written.

Only when the Booking Form and payment of the Fee is received will your booking be confirmed.

If we are unable to accept your booking and the Fee has been paid, we will inform you of this in writing or email and refund you the Fee paid.

The Fee does not include materials and firing costs for your completed artwork. The artwork will be charged by weight (£7/kg for all work made at the Pottery Studio), payable to the tutor. You will be required to pay for any fired artwork, even if you do not wish to keep it, or are not satisfied with it. Different firing fee rates apply for work made outside of the Pottery Studio (partially or completely), these are available on request to contact@potterygagliano.co.uk.

4.1 Open Studio

Bookings for Open Studio time can be rescheduled via the online customer account provided that the Participant submits their request by email at least 24 hours before their booking is due to commence.

Requests for cancellation and refund of Fees for booked Open Studio time may be granted under exceptional circumstances, if requested in writing at least 72 hours before their booking is due to commence.

Exceptions may be made at the discretion of Pottery Gagliano.

Open Studio sessions are not intended for production manufacture. Any Participant that requires this facility should discuss their requirement with Pottery Gagliano as a different rate structure will apply after we determine how we might accommodate your plans.

4.2 Courses

Payment of the Fee shall be due to Gagliano Ceramic School within the date specified on the Course information page. If payment is not received when the Booking Form is submitted, a place is not confirmed or guaranteed.

If the Participant is not able to attend the Course and informs Gagliano Ceramic School by email, a partial refund of the Fee (stated below) shall be returned to the Customer:

  • If we are able to re-sell your space, you shall only be liable for an administration fee of £10.
  • If we are unable to re-sell your space, the following shall apply:
    • Cancellations made within 10 days of the start date will be non-refundable.
    • Cancellations made within 11-30 days of the start date of the course will be refunded 50% of the Fee.
    • Cancellations made more than 30 days in advance of the Course start date will be charged £10 to cover administration charges and the balance of the Fee refunded.

Missed portions of any multi-day Course cannot be carried over to any other Course.

  1. Changes and Cancellation to Courses and Open Studio

Pottery Gagliano/Gagliano Ceramic School may cancel this Agreement at any time and for any reason whatsoever. If the Agreement is cancelled by Pottery Gagliano/Gagliano Ceramic School, the unused portion of the Fee will be refunded to the Customer.

If for any reason a specified teacher is unable to run a Course, then Gagliano Ceramic School will do its best to provide another suitable teacher. If this is not possible,

Gagliano Ceramic School will, at its sole discretion, either (i) reschedule the Course or (ii) will refund the entire Fee for that Course.

The Customer/Participant acknowledges and agrees that Gagliano Ceramic School reserves the right to replace any teacher of a Course without notice to the Customer/Participant at any time prior to that Course without any liability arising from such a change except in accordance with these Terms.

  1. Pottery Gagliano/Gagliano Ceramic School Courses

Pottery Gagliano/Gagliano Ceramic School will provide Courses which:

  • conform in all material respect to their description, and
  • are carried out with reasonable skill and care.

Customers are not permitted to use or replicate the training materials (including but not limited to help sheets, drawings or videos) obtained during your Course for commercial gain or in social media without the express written consent of Pottery Gagliano/Gagliano Ceramic School.

  1. Code of Conduct

To create a relaxed and comfortable environment for all users of the Pottery Studio, we ask that all Participants comply with the code of conduct below:

  • To enable teaching to start on time Participants must arrive at least 10 minutes before the Course is due to start.
  • Mobile phones must either be switched off or on silent during training, unless otherwise agreed.
  • To show respect for the group, general chatter must be kept to a minimum to ensure that the teacher can be heard and that the focus is kept on learning.
  • Pottery Gagliano/Gagliano Ceramic School recommends that an apron be worn to protect clothing and that long hair be tied back to prevent it being caught in equipment. It is the Participant’s responsibility to wear suitable clothing (that they do not mind getting dirty or potentially stained) and we cannot be held liable for damage to any Participant's by lack of care.
  • If the teacher determines that a Participant is perpetually or unreasonably disruptive, the teacher on behalf of Pottery Gagliano/Gagliano Ceramic School, shall be entitled to exclude the Participant.
  • Pottery Gagliano/Gagliano Ceramic School reserves the right to refuse access to its facilities and premises where there is reason to believe that these conditions have been breached or where threatening, bullying, harassing or disruptive behaviour has occurred. Pottery Gagliano/Gagliano Ceramic School will not be liable for any losses or expense (including course Fees and consequential damages) incurred by anyone who is refused entry to the Pottery Studio on the above basis.
  • Participants are not permitted to bring guests, children under 16 years of age or pets to the Pottery Studio for Courses or Open Studio. Any requests to view the Pottery Studio should be submitted to Pottery Gagliano and any visitors greeted by the owner or employees of the Pottery Gagliano/Gagliano Ceramic School.
  • Participants are asked to refrain from making pictures or recordings of the teacher and other participants during Courses without the express permission of the teacher. It is acceptable for Participants to record their own work during Courses or Open Studio but are asked to be considerate of fellow Participants when doing so.
  1. Participant responsibilities

The Participant is aware that:

  • unless specifically stated in a Course description, all Courses and Open Studio time are strictly only suitable persons that are of 16 years or older.
  • the information set out in the Booking Form must be accurate in all respects and they shall notify Pottery Gagliano/Gagliano Ceramic School in writing or by email of any changes and Pottery Gagliano/Gagliano Ceramic School cannot be held responsible for the Participant missing Course or Open Studio updates if the information on the Booking Form is incorrect or has not been updated.
  • when attending the Pottery Studio, they should not knowingly be suffering from any illness, infectious disease or anything similar thereto that may prevent them from being able to safely take part in the Course or Open Studio time, and/or cause harm to other Participants.
  • they are responsible for ensuring that any materials such as clay or glazes brought from outside the Pottery Studio are suitable for firing at the temperatures determined by Pottery Gagliano; and if any materials cause damage to the kiln because of negligence on the part of the Customer, the Customer shall be held responsible for those costs.
  1. Limitation of Liability

Pottery Gagliano/Gagliano Ceramic School shall not be responsible for any loss that a Participant suffers as a result of not adhering to these Terms & Conditions, except for those losses which it could reasonably foresee would result from the failure to comply with these Terms and Conditions.

Pottery Gagliano/Gagliano Ceramic School shall not be responsible to the Participant for losses that result from its failure to comply with these Terms and Conditions including, but not limited to, losses that fall into the following categories:

  • loss of income or revenue,
  • loss of business,
  • loss of anticipated savings, or
  • loss of data.

This clause shall not prevent reasonable claims for foreseeable loss of, or damage to, the Participant's physical property.

This clause does not exclude or limit in any way Pottery Gagliano/Gagliano Ceramic School liability for:

  • death or personal injury caused by our negligence; or
  • fraud or fraudulent misrepresentation; or
  • any breach of obligations under the Consumer Rights Act 2015
  • any other matter for which it would be illegal or unlawful for Pottery Gagliano/Gagliano Ceramic School to exclude or attempt to exclude its liability.

The Participant agrees that any claim against Pottery Gagliano/Gagliano Ceramic School or any teacher, practitioner, employee, or agent of Pottery Gagliano/Gagliano Ceramic School must be brought within 60 days of the event that gave rise to such claim. The Participant agrees any claim made thereafter should be discussed prior to submission.

The Participant acknowledges, warrants, and undertakes that the maximum aggregate liability of Pottery Gagliano/Gagliano Ceramic School to the Participant under these Terms and Conditions shall not exceed the Fee paid. All warranties and conditions whether implied by statute or otherwise are so far as is permitted excluded from these Terms and Conditions.

  1. Data Protection

Pottery Gagliano/Gagliano Ceramic School acts a Data Controller in relation to services supplied under these Terms and Conditions and the person responsible for data protection matters is Roberto Gagliano.

Pottery Gagliano/Gagliano Ceramic School will adhere to all applicable data protection laws and always stores data sent to us in a secure manner as outlined in our Privacy Policy.

Pottery Gagliano/Gagliano Ceramic School shall ensure that data processing only takes place in accordance with the terms of this Terms and Conditions and any Data Processing Agreements in place from time to time. Pottery Gagliano/Gagliano Ceramic School only processes Personal Data where it has a lawful basis to do so.

Pottery Gagliano/Gagliano Ceramic School may store and process personal data via our servers located in the EU, or any other country that provides suitable and adequate security measures to protect the data. Data will be transferred in accordance with the relevant data protection laws.

We retain the right to respond to legal requests as necessary.

Please visit https://www.potterygagliano.co.uk/privacy-policy/ for further information on how we handle, store, and use your data.

  1. Personal Data

Pottery Gagliano/Gagliano Ceramic School shall uphold all rights in relation to the use of a Data Subjects' Personal Data. The rights of Data Subjects are contained within our Privacy Policy.

As permitted under data protection legislation, we will store a Customer’s or Participants' data for as long as necessary in order to provide our services to the Customer and Participant. Information associated with the Customer’s account will be kept until it is deleted, unless the information is no longer needed for the purposes agreed or for other legitimate purposes.

Once our relationship with you as a Customer and/or Participant of our Pottery Studio has terminated, we will retain personal information only to comply with legal requirements, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, enforce our Terms and Conditions, and take any action permitted by law.

We do not pass Customer/Participants information to any third parties except those who have contractually agreed to abide by our service Terms and Conditions. Your data will not be used or sold outside of the agreed Terms and Conditions.

Please visit https://www.potterygagliano.co.uk/privacy-policy/ for further information on how we handle, store, and use your data.

  1. Fair Processing Notice or Audio or Visual Records and Photographs

Pottery Gagliano/Gagliano Ceramic School may take and use audio or visual recordings and photographs of you for the following purposes:

  • to be displayed on the Pottery Gagliano/Gagliano Ceramic School website
  • to be displayed on Pottery Gagliano/Gagliano Ceramic School administered social media platforms
  • to appear in Pottery Gagliano/Gagliano Ceramic School publications (including, but not limited to, prospectuses, marketing materials and annual reports)
  • general publicity purposes

If you have any concerns about or wish to opt out of audio or visual recordings and photographs being taken please inform us at the time or contact us.

If you would like us to remove any specific audio or visual recording or photograph of you from an existing Pottery Gagliano/Gagliano Ceramic School publication, website or display, please contact Pottery Gagliano/Gagliano Ceramic School by emailing us at contact@potterygagliano.co.uk.

  1. Intellectual Property

Pottery Gagliano/Gagliano Ceramic School reserves the right to all intellectual property in relation to this website and the services provided. Use of the services does not give the user any ownership in the services, its content or any trademark or logo used on the website.

Any information or material provided to us is on the basis of a non-exclusive, irrevocable, perpetual and royalty free licence to use such information and material in relation to the services we provide under our Terms and Conditions.

  1. Changes to Terms and Conditions

These terms and conditions may be modified from time to time and you are advised to check this page to see that you are reading the most up-to-date Terms and Conditions.

By accepting our Terms and Conditions, you consent to our collection, storage, use and disclosure of your personal information as described in our Privacy Policy.

  1. Force Majeure

Pottery Gagliano/Gagliano Ceramic School will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under the Agreement that is caused by events outside its reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of Pottery Gagliano/Gagliano Ceramic School.

  1. Severance

Each of the paragraphs of these Terms and Conditions 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.

  1. No waiver

The failure by either party to enforce any obligation under these Terms and Conditions at any time or for any period shall not be a waiver of them or of the right at any time subsequently to enforce all the obligations arising under these Terms and Conditions.

  1. Entire Agreement

These Terms and Conditions constitute the entire Agreement between the parties and supersede all prior Agreements and understandings between the parties. It is agreed that no statement, promise or inducement whether written or oral alleged to have been made by either party and which is no contained herein shall be binding or form part of these Terms and Conditions.

  1. Rights of Third Parties

No term of the Terms and Conditions will be enforceable under the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to it.

  1. Governing law and Jurisdiction

This Agreement shall be governed by English law and each party irrevocably submits to the exclusive jurisdiction of the English courts.