Terms & Conditions

These terms govern your use of services and products provided by Atelier Barnard S.L., whether jewellery craftsmanship, physical goods, or digital courses.

Scope & Definitions

  • Client / Customer: any person or business who purchases or commissions work.

  • Consumer: a natural person acting for purposes outside their trade or profession (protected under EU/Spain law).

  • Business / B2B: persons or entities purchasing in the course of trade.

  • Digital Content / Courses: prerecorded, self-paced instructional content delivered via Kajabi.

  • Physical Goods / Jewellery / Materials: tangible items, bespoke or standard, delivered or shipped.

  • Commission Work: bespoke setting or crafting services, either with materials supplied by Atelier or the client.

Applicability & Contract Formation

  • Use of the website or placing an order constitutes acceptance of these Terms.

  • For commission work, a written agreement or email confirmation (deposit terms, materials, timeline) will form the contract.

  • For B2B clients, additional bespoke terms may apply (these Terms provide minimum baseline protections).

Payment, Deposits & Pricing

  • For bespoke or commission work, the atelier reserves the right to require a deposit (e.g. 30–50% or as negotiated) before work begins.

  • Final balance is due before delivery or shipment, unless otherwise agreed in writing.

  • Prices for physical goods and courses are inclusive of VAT (for EU customers) or exclusive (for exports / B2B) as indicated at checkout.

  • Payment methods: Stripe (via website), bank transfer, invoice for B2B.

  • Atelier is not liable for delays in payments or defaults by intermediaries (banks, payment processors).

Delivery, Shipping & Collection

  • Customers may collect in person, or the atelier will arrange insured shipping (DHL or equivalent) under the customer’s cost.

  • For international shipping, export/import duties, customs, taxes or delays are the recipient’s responsibility.

  • Title and risk transfer to the client once the item is dispatched or collected.

  • Workshop retains the right to inspect or test the piece before final handover.

Returns & Refunds (Physical Goods)

  • Consumers in EU/EEA have a 14-calendar-day withdrawal period from receipt, unless the item is custom or personalized (in which case withdrawal does not apply).

  • For non-customized items: returned in original condition and packaging. Buyer bears return cost except in case of defect or error.

  • Refunds processed via original payment method within a reasonable period (commonly 7–14 business days) after item return or proof of return.

  • No refunds for custom or bespoke work once production has started, unless atelier fails to deliver or damages irreparably.

  • For B2B sales, refund terms are negotiable and generally excluded unless explicitly agreed.

Digital Content / Course Sales

  • Courses are delivered via digital content and access is granted immediately upon purchase.

  • Under Spanish law (Ley General de Consumidores, Art. 103(m)) and EU Directive 2011/83/EU, the consumer’s right of withdrawal is lost once digital content delivery begins with prior consent.

  • Therefore, no refunds after access is granted.

  • If technical access issues arise, clients must contact the atelier within 7 days for support; the atelier may restore access if possible.

  • Printed materials (optional physical add-ons) may carry normal withdrawal rights unless they are custom or print-on-demand.

Liability, Stone & Material Handling Clause

  • Atelier’s liability is strictly limited to the cost of the service or product provided (i.e., setting work, finished jewellery) — not to the value of gemstones or materials supplied by the client.

  • If the client supplies stones or materials:
      – The client certifies they are the legal owner and bears all risk of loss, damage or defect.
      – Atelier shall take due care but is not liable for inherent risks in stones (fracturing, cleavage, natural inclusions).

  • For atelier-supplied materials, the atelier warrants workmanship under normal use for a period (e.g., 1 year) but excludes damage from misuse, accidents, or unauthorized repair.

  • Under no circumstances is Atelier Barnard S.L. liable for indirect, incidental, or consequential damages (e.g. loss of profit, punitive damages), to the maximum extent allowed by law.

  • Some jurisdictions (e.g., U.S.) may not permit exclusion of such damages — in those cases, the local law applies but this clause sets the maximum.

2.8 Intellectual Property

  • All course content, designs, text, images, videos, and software are copyright of Atelier Barnard S.L.

  • Clients are granted a limited, non-exclusive, non-transferable license to use purchased digital content for personal or internal business use only.

  • No reproduction, resale, adaptation, or public distribution without explicit written permission.

2.9 Privacy & Data Protection

  • Processing of personal data is governed by Atelier’s Privacy Policy, in line with GDPR and Spanish law (LOPD/GDD).

  • Data necessary for billing, course access, and communications may be retained for legal compliance and bookkeeping.

  • Clients may withdraw consent, request deletion, or corrections per GDPR rights, except when retention is legally required.

2.10 Governing Law & Dispute Resolution

  • These Terms are governed by Spanish law, and disputes are subject to the courts of Palma de Mallorca, except where mandatory consumer protection gives the user a different jurisdiction.

  • For U.S. or international users, these Terms act as contract terms — if local law prevents enforcement of some clauses (e.g. liability exclusions), the remaining clauses shall survive.

2.11 Severability & Waiver

  • If a court finds any clause invalid or unenforceable, that clause shall be severed without affecting the rest.

  • Failure to enforce a right on one occasion does not waive future enforcement.