Last updated: 17 April 2023

Thank you for using Bleur Studios! Please read these Terms carefully before using the Platform and services offered by Bleur Studios. By accessing and using our Platform, you agree to comply with and be bound by these Terms and Conditions.

1. DEFINITIONS

1.1 Capitalised terms used herein shall have the following meanings:

“Bleur Studios” (“we”, “us”, “our”) means Bleur Studios trading under Bleur Art Limited, a private limited liability company incorporated and registered in England and Wales with company number 11697926, whose registered office is at Kemp House, 152- 160 City Road, London, United Kingdom, EC1V 2NX.

“Business Day” means a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.

“Bleur Studios” means the space where Users come to work in and temporary spaces where Bleur Residencies or other events are carried out.

“Bleur Studios events” means any event organised by Bleur including exhibitions or residencies. The event lasts from the time the doors open until the event end time.

“Platform” means the website at www.bleurstudios.com and any other Platform or application published by Bleur Studios from time to time on and through which the User is invited to use.

“Services” means all the Services provided by Bleur Studios through the Platform.

“Terms” shall mean these Terms as amended from time to time.

“User” shall mean any person entering into a transaction using Bleur Studios’ Services.

1.2 A reference to a statute or statutory provision is a reference to such statute or provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted.

1.3 Any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.

1.4 A reference to writing or written includes emails.

2. ACCEPTANCE OF TERMS OF AGREEMENT

2.1 These Terms constitute a legally binding agreement between the User and Bleur Studios and shall govern the User’s access to and use of the Platform to order Services provided by Bleur Studios via the Platform or during Bleur Studios events.

2.2 We may revise these Terms from time to time. You should ensure that you review these Terms frequently. Notices of any Material Changes to our Terms will be provided to you by email with sufficient notice prior to the date on which the changes become effective. Your continued access to and/or use of the Platform after changes have come into force constitutes acceptance of the revised Terms. “Material Change” as used in this clause shall mean any change made to the Terms that we determine in our sole and absolute discretion (acting reasonably) to be substantial as to effect or impact on Users using our Platform.

2.3 If you are acting on behalf of a business, you warrant that you have authority to bind that business to these Terms and to enter into a legally binding agreement on the business’ behalf between the business you represent and Bleur Studios.

2.4 As part of providing our Services to the User, we may collect certain information by which the User can be identified when accessing and using our Platform. We will only use a User’s personal information in accordance with our privacy policy which can be accessed at https://www.bleurstudios.com/privacy-policy

2.5 Our Platform uses cookies as further detailed in our cookies policy. By using our Platform, the User consents to our use of cookies and other technologies as described in our cookies policy.

3. SCOPE OF SERVICES

3.1 Bleur Studios is a physical art studio space and art service provider operated by Bleur Art Limited that allows Users to purchase access to studio spaces, hire studio spaces or take part in events including artist residencies and other services provided from times to times.

3.2 By clicking the button to buy the Service, the User accepts the offer and creates a binding agreement (the “Contract”) to buy the Service from us on the terms set out in these Terms.

4. ACCESS TO PLATFORM AND SERVICES

4.1 Bleur Studios may restrict access to the Platform or certain areas or features from times to times when deemed necessary or for maintenance purposes which may temporarily affect the availability and accessibility of the Services.

4.2 Bleur Studios reserves the right to withdraw or amend the Services provided through the Platform without notice. Bleur Studios will not be liable to any User for any losses, damages or costs arising from any suspension or unavailability of the Services and/or the Platform at any time or for any period.

4.3 You understand and agree that a breach of any of the Terms may result in an immediate suspension and/or termination in your use of our Services. Bleur Studios may also make the access and use of the Platform dependent on meeting certain conditions or requirements.

4.4 Bleur Studios relies on third party service providers to make the Platform available to Users. Bleur Studios shall not be held liable for any losses or costs incurred from delays or failures of the Platform as a result of any defect in performance by its service providers.

5. ELIGIBILITY

5.1 Bleur Studios does not assume any responsibility for the confirmation of any User’s identity but may in its sole and absolute discretion undertake additional checks on a User from time to time, as permitted by applicable laws, to verify the identities of the User.

5.2 To access and use the Platform, a User must be at least 18 years old and able to enter into legally binding contracts under applicable law. By accessing the Platform, registering an account (“Account”) and making an order through the Platform, you represent and warrant that you are 18 years of age or older and can legally enter into an agreement constituted by these Terms.

5.3 You are responsible for complying with all applicable local rules and regulations including, without limitation, rules about the Internet, data, email and privacy.

6. ACCOUNT REGISTRATION

6.1 You must register an Account to access our Services through the Platform. This is not a credit account and payment will be required if a purchase is made. By registering an Account, you confirm that you have authority to be legally bound to the agreement constituted by these Terms and will comply with these Terms including by granting Bleur Studios all permissions contemplated by these Terms.

6.2 You agree that all the information provided by you is true, accurate, current and complete and you undertake be kept such information up-to-date at all times.

6.3 You undertake to treat any information provided to you or chosen by you as part of our security procedures including passwords or other account details as confidential and undertake not to disclose it to any third party. You acknowledge and agree that you are responsible for maintaining the confidentiality and security of your account.

6.4 You are liable for all activities that occur or are authorised using your password and/or Account details. If you suspect unauthorised use of your Account or if your credentials have been lost or stolen, it is your responsibility to notify Bleur Studios immediately.

6.5 We may suspend or cancel your Account or require you to change your password if we have any reason to believe that there has been a breach of security or misuse of the Platform.

6.6 Your privacy is important to us. Any personal information you input into our Platform and how we use it is subject to our Privacy Policy which is incorporated into these Terms by reference.

7. PAYMENTS

7.1 Bleur Studios uses third party payment providers to process all payments made via the Platform.

7.2 Our payment provider is Stripe Payments Europe Limited, C/O A&L Goodbody, Ifsc, North Wall Quay, Dublin 1, 662880, Ireland. Stripe are audited by a PCI-certified auditor and are certified to PCI Service Provider Level 1.

7.3 By signing up to the Platform, you agree to be bound by the Terms and Conditions of Stripe Payments Europe Limited (“Stripe”) which can be found at www.stripe.com/legal/uk.

7.4 In order to process your payment, you will be asked to provide customary billing information such as name, billing address and financial instrument information. It is your responsibility to provide accurate, current and complete information when adding a payment method (“Payment Method”). Bleur Studios does not receive any credit or debit information. This information is held by Stripe.

7.5 You may edit your billing information and Payment Method by logging onto our Platform and editing your billing information in your account settings or by sending Bleur Studios an email. If a transaction is not successfully settled due to expiration, insufficient funds or any other reasons, you are responsible for any uncollected amounts and authorise us to collect the unsettled amount using any other Payment Methods you have provided including in the event you create a new Account. Bleur Studios reserves the right to terminate your Account if you do not settle any unpaid amounts.

7.6 Upon authorisation of a transaction, the full amount of the transaction will automatically be debited from the User’s account. Bleur Studios reserves the right to offer or withdraw any Payment Method at any time.

7.7 In the event a User who has purchased our services does not use our services, the amount paid for the service may be refunded at Bleur Studios’ sole and absolute discretion net of any costs incurred to process the Contract.

7.8 Bleur Studios will not be responsible for any transaction not made through the Platform.

7.9 All prices quoted are inclusive of VAT (if any).

8. USING OUR SERVICES AT BLEUR STUDIOS

8.1 You should have appropriate insurance in place in respect of their artworks and belongings. Bleur Studios decline all responsibility for damage, loss or theft of artworks and belongings left unattended at the studio space. You confirm that you are happy to leave belongings and artworks on the premises at your own risk.

8.2 You agree to follow our guidelines when entering the space and to leave it as you found it and respect other Users. Bleur Studios reserves the right to hold you responsible for any damages caused by your negligence.

8.3 While we will endeavour to provide our best services, we cannot guarantee access to the space if fully booked. Please make sure you book a pass prior to travelling to the space. We shall not be held responsible for any costs incurred to travel to and from the space.

10. CANCELLATIONS, RETURNS AND REFUNDS

10.1 Users have the right to ask for a refund at any time until the expiry of the 14th calendar day after the date of purchase.

10.2 To exercise their right to cancel, Users must inform Bleur Studios by email within the period stated in clause 10.1.

10.3 We will make the reimbursement using the same means of payment as you used for the initial payment.

10.4 Beyond the period stated in clause 10.1, returns are at the discretion of Bleur Studios.

11. INTERUPTION OF SERVICES

11.1 Although Bleur Studios will endeavour to fulfil our services, we cannot be held responsible for any interruption of our services or temporary close down of the space.

12. INSURANCE

12.1 Bleur Studios strongly advises Users to take out appropriate insurance policy from third party insurance providers such as Public and Product Liability insurance (PPL) and Professional Indemnity insurance (PI) to cover for any claims of third party injury during the course of their visual arts practice and claims of negligent breach of professional duty when in the space. This includes, but not limited to, during any Bleur Studios’ events and Bleur Residencies.

12.2 Users are also advised to take out an artist insurance policy to cover artworks including when the artwork stored at Bleur Studios.

13. PROPRIETARY CONTENT

13.1 The User acknowledges and agrees that Bleur Studios is the owner or the licensee of all intellectual property rights on the Platform and material published on it including marketing material content and all associated content. All marketing content is the exclusive property of Bleur Studios and is protected by all rights under patent, copyright, trade secret or trademark law and all other proprietary rights around the world. All such rights are reserved.

14. COPYRIGHT AND IMAGE RIGHTS

14.1 Bleur Studios will not be liable to and the User agrees to indemnify Bleur Studios against any liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential, loss of profit, loss of reputation and all interest, penalties, legal costs and all other reasonable professional costs and expenses) arising from any dispute in connection with copyright infringement.

15. CONTENT RESTRICTIONS

15.1 Users agree that they will not post, publish or display any submission that is fraudulent, false, misleading, illegal, discriminatory, racist or pornographic.

15.2 Users will not use, copy, adapt, modify, prepare derivative works of, decompile, reverse-engineer, disassemble, distribute, license, sell, transfer or otherwise exploit Bleur Studios’ content and Platform. No licenses or rights are granted to you by implication unless expressly stated by us separately or under the Terms.

15.3 Users of our Platform and services acknowledge and agree that Bleur Studios shall have the right to use any content for advertising, marketing and any other business purposes without further notice or compensation to them. Bleur Studios does not claim to have any ownership rights over any artworks and therefore may not be considered to violate these rights.

15.4 Bleur Studios reserves the right to remove any User submissions at any time.

16. THIRD PARTY LINKS

16.1 Bleur Studios is not responsible or liable for the availability or accuracy of any links to third party services including shipping service providers which may be subject to different terms and conditions and privacy practices. Bleur Studios has no control over the nature, content and availability of these services and the inclusion of any links does not necessarily imply a recommendation.

17. LIMITATION OF LIABILITY, DISCLAIMER & WAIVER

17.1 YOU ACKNOWLEDGE THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND YOUR USE OF OUR SERVICES, OUR PLATFORM, ANY PURCHASES MADE ON THE PLATFORM AND PARTICIPATION TO ANY EVENTS ORGANISED BY US (INCLUDING BLEUR RESIDENCIES) IS AT YOUR SOLE RISK TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. THE MAXIMUM TOTAL LIABILITY TO YOU IN CONNECTION WITH BLEUR STUDIOS’ SERVICES FOR ALL DAMAGES, LOSSES OR IN ANY OTHER CIRCUMSTANCES SHALL NOT EXCEED £1,000.

17.2 BLEUR STUDIOS DOES NOT ASSUME ANY LIABILITY TO YOU OR ANY THIRD PARTY OR MAKE ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, DIRECT OR INDIRECT, ARISING OUT OF, IN CONNECTION WITH OR WITH RESPECT TO OUR SERVICES AND PLATFORM OR ANY ASSOCIATED SERVICES EXCEPT FOR LIABILITY THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BLEUR STUDIOS SHALL NOT BE LIABLE TO YOU WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY OR ARISING UNDER OR IN CONNECTION WITH THE CONTRACT, FOR ANY LOSSES INCLUDING LOSS OF PROFITS, DAMAGES, INJURY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR CONTROL. BLEUR STUDIOS MAKES NO GUARANTEE REGARDING THE AVAILABILITY OF THE SERVICES AND THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

17.3 UNLESS EXPRESSLY STATED IN THESE TERMS, YOU AGREE THAT BLEUR STUDIOS HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY PURCHASES, LOGISTICS OR DELIVERY PROVIDED TO YOU BY THIRD PARTY PROVIDERS NOR THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THOSE THIRD PARTY SERVICES.

17.4 FOR THE AVOIDANCE OF DOUBT, THE ACCURACY OF ANY DESCRIPTIVE DETAILS OF ANY ARTWORK SET OUT ON THE PLATFORM OF IN ANY OTHER MATERIALS IS THE SOLE RESPONSIBILITY OF THE USER. BLEUR STUDIOS DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OR ASSUME ANY LIABILITY WHATSOEVER IN RESPECT OF THE MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DESCRIPTION, SIZE, QUALITY, CONDITION, ATTRIBUTION, AUTHENTICITY, RARITY, IMPORTANCE, MEDIUM, PROVENANCE. EXHIBITION HISTORY, LITERATURE OR HISTORICAL RELEVANCE OF ANY ARTWORK AND NO INFORMATION PROVIDED ON THE WEBSITE OR ELSEWHERE SHALL CONSTITUTE ANY SUCH WARRANTY OR ASSUMPTION OF LIABILITY. BLEUR STUDIOS HAS NO CONTROL OVER THE SAFETY OR LEGALITY OF ANY ARTWORK LISTED ON THE PLATFORM.

17.5 YOU AGREE TO INDEMNIFY AND HOLD BLEUR STUDIOS AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, LOSSES, LIABILITIES AND EXPENSES ARISING OUT OR IN CONNECTION WITH THE USE OF OUR SERVICES AND PLATFORM.

17.6 FAILURE FROM US TO ENFORCE ANY RIGHTS OR PROVISIONS TO WHICH WE ARE ENTITLED TO UNDER THE TERMS DOES NOT CONSTITUTE A WAIVER OF SUCH RIGHTS AND YOU SHALL NOT ASSUME TO BE RELIEVED FROM COMPLIANCE WITH SUCH OBLIGATIONS. NO WAIVER BY US OF ANY OF THE TERMS UNLESS EXPRESSELY STATED AND AGREED IN WRITING SHALL BE EFFECTIVE.

18. APPLICABLE LAW

18.1 These Terms, your use of the Platform and any other non-contractual obligations, dispute or claims arising out or in connection with these Terms shall be governed by and subject to the laws of England and Wales.

18.2 Any dispute or claim in relation to or arising from these Terms is subject to the exclusive jurisdiction of the courts of England and Wales.

18.3 Bleur Studios will act as an intermediary in order to facilitate the resolution of disputes but does not guarantee the performance or conduct of any User, Artist or third party whether online or in person.

19. TERMINATION

19.1 You may terminate this Agreement at any time by notifying Bleur Studios. Any pending orders you may have will be automatically cancelled and you may apply for a refund. Any refund claim will be assessed on a case-by-case basis according to our cancellation policy.

19.2 Provided that sufficient notice has been given, Bleur Studios may terminate this Agreement at any time.

19.3 If you have breached any obligations under these Terms, Bleur Studios reserves the right to terminate this Agreement without further notice. In case of a breach of this Agreement, you may not be entitled to a refund on any pending orders.

20. SEVERABILITY

If any of the Terms shall be determined by any competent authority to be void, unlawful or unenforceable to any extent, such term will to that extent be severed from the remaining terms and will not affect the validity and enforceability of the remaining provisions to the fullest extent permitted by law.

21. COMMENTS & FEEDBACK

21.1 We love to hear from you and your experience of using our Services. If you would like to get in touch, email us at hello@bleurstudios.com . By sending us your feedback or any submissions on the Platform, you grant us a perpetual, irrevocable, non-exclusive, royalty-free and fully sub-licensable and transferable license to use and publish such content without compensation to you.