Terms of Business
These Terms will apply to any contract between us for the sale of Products and Membership Packages to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products or Membership Packages from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products or Membership Packages from our site.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 5. Every time you wish to order Products or Membership Packages, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 20th May 2021 when we updated our Terms of Business.
These Terms, and any Contract between us, are only in the English language.
1. Information about us
We operate the website www.parmstrongceramics.co.uk . We are Paula Armstrong Ceramics which is the trading name of Paula Bond, a sole trader established in England and Wales. Our address is 5 Rookery Pl, Fenstanton, Huntingdon PE28 9LZ.
How to contact us. You can contact us by telephoning our customer service team at 01480 700280 or by writing to us at firstname.lastname@example.org.
2. Use of our site
Your use of our site is governed by our Terms of Website Use. Please take the time to read these, as they include important terms which apply to you.
3. How we use your personal information
4. Age restrictions
If you are a consumer, you may only purchase Products or Membership Packages from our site if you are at least 18 years old.
5. Our right to vary these Terms
5.1. We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed. Every time you order Products or Membership Packages from us, the Terms in force at the time of your order will apply to the Contract between you and us. We may revise these Terms as they apply to your order from time to time to reflect changes in relevant laws and regulatory requirements.
5.2. If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes.
6. Purchasing the Products and Membership Packages
6.1. Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
6.2. After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 6.3.
6.3. We will confirm our acceptance of your order to you by sending you an e-mail acceptance confirmation (Acceptance Confirmation). The Contract between us will only be formed when we send you the Acceptance Confirmation.
6.4. If we are unable to supply you with a Product or Membership Package, for example because that Product or Membership Package is no longer available or because of an error in the price on our site as referred to in clause 9.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products or Membership Packages, we will refund you the full amount as soon as possible.
6.5. Depending on the package or course you have purchased, we will provide you with access to our portfolio of packages and courses. The following courses and membership schemes are available:
6.5.1. Courses and workshops as set out at: https://parmstrongceramics.co.uk/product-category/courses-and-workshops/
6.5.2. Studio Membership as set out at: https://parmstrongceramics.co.uk/studio-membership/ ; and
6.5.3. Online Membership only as set out at: https://parmstrongceramics.co.uk/online-membership/
6.6. Automatic Membership renewals:
6.6.1. Memberships are either for a pre-paid one month or 12-month subscription period (the “Subscription Period”). Your subscription will automatically renew at the end of each monthly Subscription Period for another one month. You agree that we may automatically renew your Subscription on the monthly anniversary of your last subscription date (the “Renewal Date”), unless you terminate your Subscription before the Renewal Date or we no longer offer the Products.
6.6.2. You will receive an email notice approximately 30 days prior to the Renewal Date of 12-month subscription. The notice will let you know that your current Subscription Period is about to end, the renewal price and the Renewal Date when your subscription will be renewed and your account charged. All notices regarding your subscription will be sent to your last email of record. To terminate your subscription without your account being charged for the next term, you must do so before the Renewal Date. Please keep a record of when your Subscription Period ends and the next Renewal Date. You are responsible for terminating your Subscription in time regardless of whether you receive any notice from us.
6.7. The renewal payment is due on the Renewal Date and will automatically be charged using the same payment method that you used for the original subscription or the most recent renewal. Please notify us by email to: email@example.com before the Renewal Date of any changes to your email, account or billing information. You will also receive a notice if there are any changes to these Terms.
6.8. You may notify us of your intention to terminate your subscription at any time. Such notice will take effect at the end of the month which you have paid for and your pass/on-line membership rights will continue until the end of that month. You may notify us of your wish to terminate your subscription by contacting firstname.lastname@example.org . Please see Clause 7 for details of our cancellation policy.
7. Cancellation policy – CONSUMERS ONLY
7.1. Subject to Clauses 7.3 and 7.4, if you are a consumer, you have a legal right to cancel your purchase during the period set out in Clause 7.2 below. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive a Product or Membership Package, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office.
7.2. Your legal right to cancel a Contract starts from the date of the Acceptance Confirmation, which is when the Contract between us is formed. Your deadline for cancelling the Contract is 14 days after the date of the Acceptance Confirmation.
7.3. Due to the digital nature of e-books, e-courses and videos, if you wish to download any content within the 14-day cancellation period, you will lose your right to cancel the Contract. This does not affect your statutory rights.
7.4. In relation to Membership Packages, your right to cancel a Contract and obtain any refund will be lost if you have given us express consent to supply any Membership Packages during the cancellation period and the service listed as part of the relevant membership has been fully performed. If express consent has been given but the relevant service is only part performed, you will be liable to pay for the services actually received.
7.5. To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to e-mail us at email@example.com or by post to 5 Rookery Place, Fenstanton, PE28 9LZ .If you are e-mailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day.
7.6. If you cancel your Contract as set out above we will:
7.6.1. refund you the price you paid for the Products or Membership Packages; and
7.6.2. make any refunds due to you as soon as possible and in any event within 14 days after you inform us of your decision to cancel the Contract.
7.7. We will refund you on the credit card or debit card used by you to pay.
7.8. Because you are a consumer, we are under a legal duty to supply Products that are in conformity with these Terms. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of refund in this clause 7 or anything else in these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
8. Providing the products and services
8.1. Delivery costs: the costs of delivery for ceramic products will be as displayed to you on our site.
8.2. When you become responsible for the delivered products. The product will be your responsibility from the time we deliver the product to the address you gave us or you or a carrier organised by you collect it from us.
8.3. When we will provide the products and services: During the order process we will let you know when we will provide the products to you. If you have ordered workshops or membership packages, we will also tell you during the order process when and how you can end the contract.
8.4. If you have ordered ceramics. We will deliver them to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order
8.5. If you have ordered a workshop or studio membership package. We will provide the workshop or course or access to the membership package on the date we accept your order.
8.6. If you have ordered online membership only package. We will provide access to the course content as soon as we accept your order.
8.7. Membership Packages duration. We will provide the Membership Package to you until either the services are completed or the subscription expires (if applicable) or you end the contract as described in clause 8 or we end the contract by written notice to you as described in clause 10.
8.8. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 12 for our responsibilities when this happens.
9. Prices and Payment
9.1. The prices for the Products and Membership Packages are calculated and payable in advance as set out at the on-line store page of our site. We shall be under no obligation to provide the Products or Membership Packages until the price has been paid in full. Unfortunately, we are unable to offer refunds for Membership Packages that are not used or used in full. This does not affect your rights under clause 7.
9.2. We take all reasonable care to ensure that the prices of Products and Membership Packages are correct at the time when the relevant information was entered onto the system. However please see clause 9.6 for what happens if we discover an error in the price of Product(s) and Membership Packages you ordered.
9.3. Prices for our Products and Membership Packages may change from time to time, but changes will not affect any order you have already placed.
9.4. If we do not receive payment authorization for a subscription or any authorization is subsequently cancelled, we may immediately terminate or suspend your access to your subscription and may in suspicious circumstances contact the issuing bank and/or law enforcement authorities/other appropriate third parties.
9.5. It is always possible that, despite our reasonable efforts, some of the Products or Membership Packages on our site may be incorrectly priced. If we discover an error in the price of the Products or Membership Packages you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Product and/or membership at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products and/or membership to you at the incorrect (lower) price.
9.6. You can only pay for Products and Membership Packages using a debit card or credit card or our payment processor Paypal. We accept the following cards: Visa, MasterCard and American Express.
10. Intellectual property
10.1. The content of our site and all Products and Membership Packages sold via our site is protected by copyright, trade marks, database right and other intellectual property rights. You may retrieve and display the content of our site on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on our site or for sale from our site without written permission from us.
11. Our liability if you are a consumer
This clause 11 only applies if you are a consumer.
11.1. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
11.2. We only supply the Products and Membership Packages for domestic and private use. You agree not to use the Products and/or Membership Packages for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
11.3. We do not in any way exclude or limit our liability for:
a) death or personal injury caused by our negligence;
b) fraud or fraudulent misrepresentation;
c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
e) defective products under the Consumer Protection Act 1987.
11.4. It is your responsibility to ensure that the Products and Membership Packages are suitable for your requirements. We are happy to offer advice but accept no liability in the event that the course content does not meet your requirements.
11.5. We give no guarantee that by attending and/or completing an on-line course that you will experience success in any business or activity that you may carry on following the course.
11.6. We make no promise that materials on our site are appropriate or available for use in locations outside the United Kingdom, and accessing our site from territories where its contents are illegal or unlawful is prohibited. If you choose to access our site from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.
12. Events outside our control
12.1. 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 an Event Outside Our Control. An Event Outside Our Control is defined below in clause 12.2.
12.2. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
12.3. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
a) we will contact you as soon as reasonably possible to notify you; and
b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
12.4. You may cancel a Contract affected by an Event Outside Our Control. To cancel please contact us.
13. Our assurance to you
13.1. We warrant that we have the right to supply the Products and Membership Packages and will use all reasonable skill and care in making the Products and Membership Packages available to you and in ensuring their availability.
13.2. All course contents have been carefully researched by us and are believed to be the most up-to-date and factually accurate information available at the time of the course.
13.3. We are continually seeking to improve the Products and Membership Packages. We reserve the right, at our discretion, to make changes to any part of the Products and Membership Packages provided that it does not materially reduce their content or functionality.
14. Other important terms
14.1. We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you in writing or by posting on this webpage if this happens.
14.2. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
14.3. This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
14.4. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
14.5. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
14.6. You may contact us as described in clause 1.
14.7. These Terms are governed by English law. This means a Contract for the purchase of Products and Membership Packages through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.