0. OBJECT
These General Conditions govern the purchase of products offered on the website www.aulart.com, which is owned by AULART MASTERCLASS S.L. (hereinafter, AULART).
The acquisition of any of the products entails the full and unreserved acceptance of each and every one of the General Conditions indicated, without prejudice to the acceptance of the Specific Conditions that may be applicable when acquiring certain products.
These General Conditions may be modified without prior notice, therefore, it is advisable to read their content carefully before proceeding with the purchase of any of the products offered.
1. IDENTIFICATION
AULART, in compliance with Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, informs you that:
– Its company name is: AULART MASTERCLASS S.L.
– Its commercial name is: AULART
– Its CIF number is: B67089847
– Its registered office is at: Carrer del Clot 153, local bajos – 08026 BARCELONA (SPAIN).
– It is registered in the Mercantile Register of BARCELONA: Volume 46135, Folio 153, Page B-510612.
2. COMMUNICATIONS
In order to contact us, we provide you with different means of contact which are detailed below:
– Email: support@aulart.com
– Contact form: https://www.aulart.com/contact/
– Postal address: Carrer del Clot 153, local bajos, 08026 – BARCELONA (SPAIN).
All notifications and communications between users and AULART shall be considered effective, for all purposes, when they are made by any of the aforementioned means.
3. PRODUCTS
AULART offers various learning modalities through its platform:
– Masterclass: these are pre-recorded video courses that can be given either by famous artists, professionals in the sector or members of the Aulart team.
– Bootcamps: live online courses given during specific dates in which the trainer teaches on a specific topic.
– Connect Essentials plan: annual membership plan containing a selection of masterclasses + Live Masterclasses, Demo Feedback Sessions, Music Production Q&As and Mentoring sessions with music industry professionals, networking sessions & plugins included, enhanced functionalities within the mobile application, periodic additions of supplementary features.
– Connect All Access plan: annual membership plans containing all of masterclasses + Live Masterclasses, Demo Feedback Sessions, Music Production Q&As and Mentoring sessions with music industry professionals, networking sessions & plugins included, enhanced functionalities within the mobile application, periodic additions of supplementary features.
In any case, the products offered, together with their main features and prices are described on the website.
AULART reserves the right to decide, from time to time, the products and/or services offered to Customers. Thus, AULART may, at any time, add new products and/or services to those currently offered. AULART also reserves the right to withdraw or cease to offer, at any time and without notice, any of the products offered.
Once on www.aulart.com, and about to access the contracting of the different products, the User must follow all the instructions indicated in the purchase process, which will imply the reading and acceptance of all the general and specific conditions set out in www.aulart.com.
4. AVAILABILITY, SUBSTITUTIONS, CANCELLATION AND RENEWAL
AULART aims to guarantee the availability of all products that are advertised through www.aulart.com:
– Masterclasses are always available, unless purchased in “Pre-order” mode in which case you will have access to the content on the date indicated on the website at the time of purchase.
– Bootcamps are available on the dates indicated at the time of purchase. However, they may be limited to a maximum capacity (which will in any case be less than 130 students and will be made available at the discretion of the trainers at each Bootcamp) of between 20 and 72 students. It is not possible to buy a Bootcamp that has already started and it will not be possible to buy the next Bootcamp until a new Bootcamp is opened.
However, in the event that a Bootcamp is canceled before the start date, for reasons attributable to the organization or unforeseen circumstances related to the trainer, the client will be informed by email as soon as possible and will be offered another of similar content and cost, if it has been scheduled by the organization or if it cannot be offered or if it is rejected by the client, the amount paid will be refunded through the same means by which the payment was made within a maximum period of 60 days.
Benefits available on our website will have limited availability according to the amount set by the brand in question, or due to the partnership between the brand and Aulart coming to an end. Products will hence be available while supplies last. In no circumstance is the purchaser of the membership entitled to claim or request compensation from Aulart if a plugin, software, sample pack or deal is no longer available.
If AULART is unjustifiably delayed in refunding the amounts paid, the consumer may claim double the amount owed.
– The Connect Essentials and All Access Plans are available on the platform from the time of purchase as they contain pre-recorded material. Subscription to a Plan is annual and automatically renewable for successive annual periods unless canceled by the customer seven days prior to the expiry date (12 months from the date of purchase). To cancel the subscription, the customer must do so through their Aulart account.
Customers who have subscribed to the Connect Essentials Plan may choose to pay the annual subscription in twelve installments. The payment by installments does not entitle the user to cancel the subscription before the annual expiry date, unless he/she is in the exceptional case of application of the cancellation procedure set out for the Plans in section 9. The annual subscription implies a commitment to pay the full 12 installments. Failure to pay one of the installments will result in the suspension of access until payment is regularized and will in no case imply the cancellation of the subscription.
If payment is not regularized and the outstanding fees continue to be owed until the subscription expires, AULART will proceed to cancel the access and to initiate the relevant legal actions to claim the amount owed until the annual cost of the subscription has been paid in full.
5. PURCHASE AND/OR CONTRACTING PROCESS
Our training products are aimed at users of any age, however, it is necessary that any purchase at www.aulart.com is made by a person of legal age.
The steps to follow to make the purchase are:
– Select the training modality (Masterclass, Bootcamp or Connect Essentials or All Access Plan).
– You will be asked whether it is a direct purchase, pre-order or place booking.
– Fill in your personal details and select the payment method.
– Make the payment.
It is also recommended that you keep a copy of the terms and conditions of sale on a durable medium when placing your order, as well as the receipt sent by AULART by email.
INVOICING
If the customer wishes to receive an invoice, he/she should request it by e-mail to support@aulart.com specifying how he/she wishes to receive it.
6. ACCESS TO CONTENT
-MASTERCLASSES:
The content of the Masterclass is accessed as soon as the purchase is formalized and the confirmation email is received.
Access is through the AULART website and for an indefinite period of time while the platform remains active or until AULART decides to cancel access, notifying the user in advance.
In general, the Masterclass is given in the artist’s native language (Spanish, English or Italian) with subtitles (in English, Spanish and Italian). Notwithstanding the above, the languages and subtitles may vary for each new masterclass, the user can learn about this on the website and on the product page before making the purchase.
– Both CONNECT PLANS (Essentials and All Access) are purchased on an annual subscription basis. Once the selected plan has been purchased, online access to it is provided through the platform for one year.
Access conditions for Masterclass and Connect Plans:
-The access links to the contents are for personal, individual and non-transferable use.
-It is forbidden to share access to AULART content with a third party. AULART reserves the right to take legal action against the purchaser who violates this prohibition. In the event that shared access is detected, AULART shall immediately and without prior notice cancel the customer’s account and access to all content included in his account.
-Traceability of access: access to the online content of the platform will be monitored by AULART for the purpose of controlling connection time and dedication in order to monitor the evolution of students, inform staff and artists trainers, as well as to verify compliance with contractual conditions.
– BOOTCAMPS
The content of the Bootcamps acquired is accessed on the start date of the course via the online video platform chosen by AULART. The Bootcamps are mainly taught in Spanish and some in English. The languages may vary for each new Bootcamp, the user can learn about this on the website and on the product page before making the purchase.
The sessions are recorded and will be uploaded to the external platform that AULART decides at any given time, so that the user can have access to them for 30 days after the end date of the course.
Recording and dissemination of the Bootcamps: Image and Intellectual Property Rights.
The recording of the sessions implies the treatment of the image and voice of the student by AULART, as well as the use that AULART may make of the content provided by the student in the Bootcamp.
By accepting these Terms and Conditions through the checkbox made available in the Bootcamp purchase process, the user ASSIGNS his/her image and intellectual property rights to AULART and authorizes its use under the following terms:
The customer or the legal representative who has made the purchase, freely AUTHORIZES AULART to:
– Capture, record, photograph, represent and/or portray your image, sounds, voices or interventions that you emit or make during your participation in the Bootcamp.
– Disseminate, communicate publicly, and use the elements described in the previous point under the terms of this authorisation.
– Retain all possible intellectual property rights arising from your participation during the recording of the Bootcamp, as well as image rights, to disseminate, reproduce, exhibit and/or exploit said rights through Aulart or third parties, for the maximum period permitted by Spanish law and without limit of territory. The rights granted include all inherent rights of capture, use and reproduction, although other uses are detailed by way of example, but not limited to: AULART will be entitled to capture, use, reproduce, adapt, edit, translate, edit, dub, subtitle, broadcast, exhibit, promote, advertise, publicly communicate and distribute those images or fragments obtained during the Bootcamp.
– To exploit the aforementioned Rights in the aforementioned terms, in any language and in any present or future media. That is, in all the ways in which it is possible to exercise each of the aforementioned faculties at present, as well as in all the ways that may exist in the future, again by way of example but not limitation: social networks of any kind (existing or to be created), cinemas, theaters, broadcast, cable, satellite, high definition, Internet Protocol Television (“IPTV”), wireless devices, video on demand, wireless and/or cellular devices; gaming consoles, cable, satellite and Internet music services, streaming and downloading in any format, music events or concerts….
You waive any right to claim any consideration from AULART or any third party for the authorization granted herein, which does not grant you any rights as it is a free transfer of rights granted by you in your capacity as a Bootcamp User.
The transfer of rights that you expressly authorize by accepting these General Terms and Conditions is regulated by Organic Law 1/1982 of May 5th, on the Civil Protection of the Right to Honor, Personal and Family Privacy and Personal Image, as well as by Royal Legislative Decree 1/1996, of April 12th, which approves the revised text of the Intellectual Property Law and other relevant legislation. Therefore, this authorization shall be governed by the provisions of Spanish law, and any divergence or controversy related to the same shall be submitted to the Courts and Tribunals of Spain, based in the city of Barcelona.
Notwithstanding the foregoing, you undertake not to disclose confidential information and to hold AULART and third parties harmless from any claim arising from any harmful consequence of your participation in the Bootcamp and the assignment granted herein.
7. PRICES, COSTS AND TAXES
The prices of the products listed on www.aulart.com will be expressed in the currency that AULART considers, depending on the location of the buyer (euros, dollars, pounds, etc.). Prices are guaranteed for the duration of their validity.
The final prices of all products together with their characteristics, offers, discounts, etc., are reflected in each of the articles that appear in the catalog of www.aulart.com.
For intra-community purchases (made in Spain and the rest of the EU), the products have the VAT included, applying the corresponding VAT of the country of residence of the purchaser. For purchases outside the EU, VAT or the corresponding tax will not be included and it is the responsibility of the buyer to pay any taxes that may be required at the destination.
The prices of the products may vary at any time. In this case, the price to be applied will be that in force on the date the order is placed. In any case, the final cost will be communicated to the customer in the electronic purchase process before he/she formalizes his/her acceptance.
8. PAYMENT METHODS
The following payment methods are available:
– By credit or debit card
You can make the payment immediately through the secure payment gateway Stripe. If any refund or cancellation of the order is necessary, the amount will be reimbursed through the same payment card.
– PayPal
The payment of the order will be authorized through PayPal, but no money will be withdrawn until PayPal verifies that it is correct. To do this, it is essential to have a PayPal account.
– Klarna
Klarna will allow you to make purchases and delay payment, offering options like ”Pay now or pay in 3 interest-free installments” or ”Pay later, in 30 days, interest free”.
– Cryptocurrency payments
You can choose from various cryptocurrencies like Bitcoin, Ethereum, and others that are available to choose from. Simply select the crypto payment option during checkout, and you will be provided with the necessary instructions to complete your transaction securely.
– Other payment methods
Aulart offers other payment methods such as Apple Pay and can introduce other payment methods at any time to facilitate the purchase. In any case, the different methods available will be shown in the purchase process on the website.
9. RETURNS AND CANCELLATION POLICY
According to the regulations, the consumer and user will have the right to WITHDRAW from the contract for a maximum period of 14 calendar days without having to indicate the reason and without incurring any cost, except those provided for in art. 107.2 and 108 of RD1/2007, of November 16th, which approves the text referred to in the General Law for the Defense of Consumers and Users.
However, this right of withdrawal is not applicable to, among others:
-Provision of services already performed or commenced.
-Contracts for the supply of sound or video recordings, discs and computer programs that have been unsealed by the consumer and user, as well as computer files, supplied electronically, that can be downloaded or reproduced immediately for permanent use.
Therefore, the right of withdrawal cannot be exercised once any of the following takes place:
- The purchased Masterclass has been accessed; in the case of annual membership plans, after 7 days of the membership purchase or once 6 hours of video content have been consumed, whichever happens first; in the case of “Pre-order” or “Reserve” purchases, after 14 days of such purchase.
- The purchased Bootcamp has started, regardless of your effective participation or not to it.
- A benefit coupon has been displayed after being requested.
- The download of any non-free digital material has been initiated.
The above is expressly accepted by you when accepting these Terms and Conditions via the checkbox provided during the purchase process.
The communication of the withdrawal shall be carried out by e-mail or by any other means of effective communication within the periods described above.
The withdrawal implies that, AULART will proceed to refund the amount already paid by the customer within a maximum period of 14 calendar days, following the same procedure chosen by the customer for payment (provided that the product purchased is not within the exceptions listed above).
AULART will communicate to the consumer on a durable medium an acknowledgement of receipt of the withdrawal.
Once AULART receives a customer ́s request AULART will contact the customer to indicate the details of the return.
10. LIABILITY AND EXEMPTION FROM LIABILITY
AULART cannot guarantee the invulnerability of the systems or the continuity of the connection prior to or during the development of a training session, so it will not assume any liability for damages resulting from alterations or technical incidents, server downtime, network disconnection, others caused by third parties, etc. that cause a suspension or interruption of service. AULART will make every effort to re-establish the connection as quickly as possible.
The conditions for the correct use of the website by users are described in our Legal Notice.
11. CUSTOMER SERVICE AND COMPLAINTS
To lodge any complaint or claim with AULART the customer should contact the customer service department either through the email address support@aulart.com, or through the contact form on our website: https://www.aulart.com/contact/
According to the EU Consumer Online Dispute Resolution and in accordance with Art. 14.1 of Regulation (EU) 524/2013, we inform you that the European Commission provides all consumers with an online dispute resolution platform which is available at the following link: http://ec.europa.eu/consumers/odr/.
12. APPLICABLE LAW
The present conditions shall be governed by the Spanish legislation in force.
The language used shall be Spanish or English.
