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Terms & Conditions

Welcome to Michelle Gibbs!

These are the terms and conditions for:

(Hereinafter referred to as “Michelle Gibbs”).

By using the website and purchasing products available on the website, you agree to be bound by these terms and conditions, the privacy policy, the cookie policy, the shipping policy and the refund policy. In these terms and conditions, the words “website” refers to the Michelle Gibbs website, “we”, “us”, “our” and “Michelle Gibbs” refers to Michelle Gibbs and “user”, “customer”, “you” and “your” refers to you, the user and customer of Michelle Gibbs.

The following terms and conditions apply to the website, products (artworks) and services (workshops and mentoring) offered by Michelle Gibbs. This includes the mobile and tablet versions as well as any other version of Michelle Gibbs accessible via desktop, mobile, tablet, social media or other devices.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING, USING OR OBTAINING ANY MATERIALS, INFORMATION, PRODUCTS OR SERVICES.   

  1. ELIGIBLITY

You may only use the website and purchase the courses and artwork if you comply with these terms and conditions and all applicable local, state, national and international laws, rules and regulations.

Access to and registration on the website and the purchase of artwork and courses are available to all ages. It is the responsibility of parents and legal guardians to determine whether the content and products are appropriate for their children or minors in their care. 

By using the website, and purchasing the artwork or courses, you represent and warrant that you have full right, power and authority to enter into these terms and conditions and to comply fully with all of your obligations hereunder. You further represent and warrant that you are not under any legal incapacity or contractual restriction that prevents you from agreeing to these terms and conditions.

You represent and warrant that your use of the website does not violate any applicable law or regulation. Michelle Gibbs may, in its sole discretion, refuse to offer the website and products to any user and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the service and the website is revoked in such jurisdictions.

Promotions, contests and sweepstakes are subject to their own terms and conditions and may be terminated without notice. Before entering any contest or sweepstakes, please refer to the terms and conditions of each contest or sweepstakes, which shall form an integral part of these terms and conditions.

  1. ACCOUNT

Users will be able to register and open an account on the website. When registering on the website, the user must choose a password and may be asked for additional information such as email address. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Michelle Gibbs of any unauthorised use of your password or account or any other breach of security, and (b) ensure that you log out of your account at the end of each session. You may never use another user’s account without Michelle Gibbs’ prior authorisation. Michelle Gibbs will not be liable for any loss or damage arising from your breach of this agreement.

Users may cancel their accounts at any time and for any reason by sending us their request through our contact information. Such cancellation will only result in the deletion of the account and the deletion of all personal data provided to Michelle Gibbs.

Michelle Gibbs reserves the right to terminate your account or your access immediately, with or without notice, and without liability to you, if Michelle Gibbs believes that you have violated any of these terms, provided Michelle Gibbs with false or misleading information, or interfered with any other party’s use of the website or service.

  1. NOTIFICATIONS AND NEWSLETTER

By providing Michelle Gibbs with your email address and telephone number, you agree that we may use your email address to send you notifications about the status of your order, important communications about our services or products, news and special content. If you do not wish to receive these emails or SMS messages, you may opt-out of receiving them by sending us your request through our contact information or by using the “unsubscribe” option in the same emails. Opting out may prevent you from receiving emails and SMS messages about updates to your order, news or special offers on our products and courses.

  1. ARTWORKS

Michelle Gibbs offers artworks in different formats:

  • Originals on Canvas
  • Originals on Paper
  • Limited Edition Prints

By placing an order for an artwork, you offer to purchase the artwork for the price advertised and indicated on the website at the time of purchase. Please check the specifications of the artwork such as size before placing an order.

When a customer places an order, Michelle Gibbs will send that customer an email which aims to confirm the purchase and payment. This email confirmation will be produced automatically so that the user has the confirmation of his purchase and the details of the order.

We reserve the right to limit the number of units purchased by each user. Michelle Gibbs also reserves the right to limit sales of our products on a regional or jurisdictional basis.

Michelle Gibbs may cancel any order and not supply products if it is reasonable to do so and may change or discontinue the availability of products at any time in its sole discretion. If an order is cancelled, any payments made for products will be refunded in full. This does not affect your statutory rights.

All new orders are considered separately and each is treated individually.

  1. WORKSHOPS

Michelle Gibbs offers the following types of workshops:

  • Studio Classes
  • Online Courses

By placing an order for a course or studio session through the website, you offer to purchase the course or session for the price advertised and indicated on the website at the time of purchasing the course or scheduling the session. In the case of studio sessions, the client will be required to make an initial deposit at the time of scheduling the session. Please check the description of the course content and features before placing your order. Once the payment process is completed, the user will gain access to the course and the course content. In the case of studio sessions please check the session dates before scheduling a session.

When a user purchases a course or schedules a studio session, Michelle Gibbs will send an email to confirm the purchase of the course or session. Michelle Gibbs may cancel any order and may change or discontinue the availability of courses and sessions at any time at its sole discretion. If an order is cancelled, any payment made for the cancelled course or session will be refunded in full. This does not affect your statutory rights.

  1. MENTORING SERVICES

Michelle Gibbs offers mentoring services via Zoom video call. Users will be able to book a session by completing the form available on the website. Sessions will last for one hour (15 minutes to review the client/user’s needs prior to our call and 45 minutes to discuss the client’s work and objectives). Once the booking form is completed the user or client will receive a payment link with the total price of the session. Once payment has been made through the link the session will be confirmed and scheduled according to the date and time selected by the client or user during the booking process. If the user wishes to cancel or reschedule a session, please contact us through our contact information.

The user can request information about our services through the forms available on the website or can request information through our contact information. Our support team will be attentive and available to answer your questions and concerns.

  1. PRICES

Michelle Gibbs reserves the right to determine the price of products and services. The price of the product or service will be displayed on the relevant product or service page. Prices of products and services are subject to change at any time depending on the value of exchange rates.

Michelle Gibbs will make all reasonable efforts to keep the price information published on the website up to date. We encourage you to periodically check our website for up-to-date pricing information.

We will always try to ensure that the prices on the website are accurate. However, from time to time some pricing errors may occur, including but not limited to human, mechanical or similar errors. If a pricing error is discovered, the customer will be informed of the error. The user will be given the option to reconfirm the order at the correct price. The user also has the option to cancel the order if they are not satisfied with the correct price.

  1. PAYMENTS

Products and services can be paid for using the following payment methods:

  • Credit/debit card (Visa, Master, Discover, Amex, Diners, etc.)
  • PayPal

The customer must pay the price of the product stipulated in the order before the product is shipped to the customer. Payment will be charged to the customer’s credit/debit card or PayPal account immediately after placing the order for the relevant product or service. Once the transaction has been processed, we will send an electronic receipt of the transaction to the customer’s email address.

If you find any inconsistency in your billing, please contact us through our contact information or you can make the claim through the customer service of the corresponding payment platform.

If your card is declined, you will receive an error message. No payment will be charged to your card and no order will be processed. There may be a pending transaction on your account until your card issuing bank withdraws the authorisation. This usually takes 2 to 5 business days. Your card may be declined for various reasons such as insufficient funds, AVS (Address Verification System) mismatch or you have entered an incorrect security code.

If your payment is declined, you must provide an alternative payment method or provide another card where payment can be charged and processed.

Your payment information will be treated and safeguarded with total security and with the exclusive purpose of processing the purchase of the products and services. Michelle Gibbs reserves the right to contract any payment platform available in the market, which treats your data for the exclusive purpose of processing the purchase of the products and services.

 

  1. PRODUCT DESCRIPTIONS

Michelle Gibbs attempts to be as accurate as possible. However, Michelle Gibbs does not warrant that product descriptions, product prices or other content of this website is accurate, complete, reliable, current, or error-free. Product descriptions and images may vary according to the color resolution of the user’s device screen.

  1. DISCLAIMER

Please note that Michelle Gibbs will not be held responsible for any physical injury, damage to personal property, loss or theft of items during the course of classes or face-to-face mentoring at Michelle Gibbs’ studio.

The client accepts that it is their own responsibility to maintain safe behaviour and to take care of their personal belongings at all times. You further acknowledge and agree that Michelle Gibbs shall not be liable for any accident, injury or damage to your physical or material possessions that may arise as a direct or indirect consequence of your participation in face-to-face classes at Michelle Gibbs’ studio.

The Client agrees to release and hold harmless Michelle Gibbs, its officers, employees and teachers from any and all claims, demands, legal action or liability arising from personal injury or property damage, whether direct or indirect, that may arise during attendance at face-to-face classes at the Michelle Gibbs studio.

By purchasing our courses and mentoring, the customer accepts personal responsibility for the results of the use of the information made available during the classes and mentoring. The user accepts and declares that Michelle Gibbs does NOT guarantee any positive or negative results from the use of the information that users obtain through the courses and mentorships. You acknowledge that your ultimate success or failure will be the result of your own efforts, your particular situation and a variety of other circumstances beyond Michelle Gibbs’ control. Your use or misuse of any content or information obtained through the courses and mentorships is at your own risk and responsibility. Michelle Gibbs is not responsible for the use or misuse of information obtained through the courses or mentoring by clients.

  1. COPYRIGHT

The copyright and intellectual property rights in the courses are the exclusive property of Michelle Gibbs. Michelle Gibbs owns all text, images, music, videos, worksheets, blog posts, reports, trademarks and other materials included in the courses. No content available on the courses may be duplicated, distributed or used for unauthorised purposes without the express written consent of Michelle Gibbs. Any unauthorised use of content available on the courses may give rise to claims and demands for copyright infringement by Michelle Gibbs.

All materials on the website, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, software and other elements are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Michelle Gibbs or by third parties that have licensed or otherwise provided their material to the website. You acknowledge and agree that all materials on the website are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Michelle Gibbs prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorised attempt to modify any material, to defeat or circumvent any security features, or to utilise Michelle Gibbs or any part of the material for any purpose other than its intended purposes is strictly prohibited. Please do not copy any content and pass it off as your own, as a copyright infringement will occur.

  1. COPYRIGHT COMPLAINTS

Michelle Gibbs will respond to all enquiries, complaints and claims relating to alleged infringement by breach or violation of the provisions contained in UK and international copyright and intellectual property laws and regulations. Michelle Gibbs respects the intellectual property of others and expects users to do the same. If you believe, in good faith, that any material provided on the Michelle Gibbs website infringes your copyright or other intellectual property rights, please submit your request via our contact information, with the following information: 

  • Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers, or a statement concerning the ownership of the work, should be included.
  • A statement specifically identifying the location of the infringing material, with enough detail that Michelle Gibbs may find it on the website.  
  • Your name, address, telephone number and e-mail address.
  • A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorised by the owner of the rights, or its agents, or by law.
  • A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorised to act on the copyright owner’s behalf.
  • An electronic or physical signature of the owner of the copyright or the person authorised to act on behalf of the owner of the copyright interest.
  1. PROHIBITED ACTIVITIES

The content and information available on the website (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons, or other material), as well as the infrastructure used to provide such content and information, are owned by or licensed to Michelle Gibbs by third parties. For all content other than your content, you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or resell any information or services obtained from or through the website. In addition, the following activities are prohibited:

  • Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any content of the website, including, but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with these terms.
  • Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.
  • Deep-link to any part of our website for any purpose without our express written permission.
  • “Frame”, “mirror” or otherwise incorporate any part of the website into any other website or service without our prior written permission.
  • Attempt to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any software used by Michelle Gibbs.
  • Evade, disable or otherwise interfere with security-related features of the website or features which prevent or restrict the use or copying of any content.
  1. DISCLAIMER OF WARRANTIES

Because of the nature of the Internet Michelle Gibbs provides and maintains the website on an “as is”, “as available” basis and makes no promise that use of the website will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.

Our website may from time to time contain links to other websites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.

Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.

You will be responsible for any breach of these terms by you and if you use the website in breach of these terms you will be liable to and will reimburse Michelle Gibbs for any loss or damage caused as a result.

Michelle Gibbs will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.

These terms do not affect your statutory rights as a consumer which are available to you.

Subject as aforesaid, to the maximum extent permitted by law, Michelle Gibbs excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to Michelle Gibbs and Michelle Gibbs shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:

  • Any incorrect or inaccurate information on the website.
  • The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the website or any product purchased through the website.
  • Any loss or damage resulting from your use or the inability to use the website or resulting from unauthorised access to, or alteration of your transmissions or data in circumstances which are beyond our control.
  • Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong.
  • Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment, software, data or other property caused by persons accessing or using content from the website or from transmissions via emails or attachments received from Michelle Gibbs.
  • All representations, warranties, conditions and other terms which but for this notice would have effect.

  1. INDEMNIFICATION

You agree to defend and indemnify Michelle Gibbs and any of their directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

  • Your breach of this agreement or the documents referenced herein.
  • Your violation of any law or the rights of a third party.
  • Your purchase of the products.
  1. ELECTRONIC COMMUNICATIONS

No responsibility will be accepted by Michelle Gibbs for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any service provider, internet accessibility or availability or for traffic congestion or unauthorised human act, including any errors or mistakes.

  1. CHANGES AND TERMINATION

We may change the website and these terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these terms. Your continued use of the website constitutes your acceptance of any changes to these terms and any changes will supersede all previous versions of the terms. Unless otherwise specified herein, all changes to these terms apply to all users take effect. Furthermore, we may terminate this agreement with you under these terms at any time by notifying you in writing (including by email) or without any warning.

  1. PERSONAL DATA

Any personal information you submit in connection with the purchase of products will be used in accordance with our privacy policy. Please refer to our privacy policy.

  1. INTEGRATION CLAUSE

This agreement together with the privacy policy and any other legal notices published by Michelle Gibbs, shall constitute the entire agreement between you and Michelle Gibbs concerning and governs your use of the website.

  1. DISPUTES

You agree that any dispute, claim or controversy arising out of or relating to the breach, termination, enforcement, interpretation or validity of these terms or the use of the website and purchase of the products shall be resolved by binding arbitration between you and Michelle Gibbs, provided that each party retains the right to bring an individual action in a court of competent jurisdiction.

In the event a dispute arises in connection with the products offered through the website or the breach of these terms and conditions, the parties agree to submit their dispute to arbitration resolution before a reputable arbitration organisation as mutually agreed by the parties and in accordance with applicable commercial arbitration rules.

To the fullest extent permitted by law, you agree that you will not file, join or participate in any class action lawsuit in connection with any claim, dispute or controversy that may arise in connection with your use of the website and purchase of products.

The courts of the United Kingdom shall have jurisdiction over any dispute, controversy or claim relating to Michelle Gibbs and its business operations. Any such dispute or controversy shall be brought and resolved in the courts of the United Kingdom.

  1. FINAL PROVISIONS

These terms and conditions are governed by the laws of the United Kingdom. Use of our website is unauthorised in any jurisdiction that does not give effect to all provisions of these terms.

Our compliance with these terms is subject to existing laws and legal process, and nothing contained in these terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our website, your purchase of products on our website, or information provided to or collected by us in connection with your use of the website and purchase of products.

If any part of these terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.

Any rights not expressly granted herein are reserved.

  1. CONTACT INFORMATION

If you have questions or concerns about these terms or the products, please contact us through our contact page or via the contact information below:

Michelle Gibbs.

Email: michellegibbsart@gmail.com

 

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