TERMS AND CONDITIONS
We provide an online eCommerce service for buying artworks and (soon) online art courses featured on our website. You acknowledge and agree that by purchasing an artwork or course, that you are bound by these terms, including delivery, return & refund policies.
In this agreement:
1.1 “Customer” means any person or business who makes a purchase through our website.
1.2 “Artworks” and “courses” means any of the artworks or courses that are offered for sale on our website.
1.3 “We / Us” is Dave Flynn Artist, via the daveflynnstudio.com website or other relevant social media or emails.
2 Our relationship with you
2.1 We will accept your order through PayPal or additional card facilities. Our email message will confirm details of your purchase and tell you when we will ship via a dedicated courier, or personally deliver your order if located locally.
2.2 We cannot guarantee that artworks advertised on our website are always available. If this is the case, you will be notified as soon as possible and either refunded in full or sent a replacement item of your choice.
2.3 We may change these terms and conditions from time to time. The terms that apply to you are those posted here on our website on the day that you order artworks or courses.
3 Price and Payment
3.1 Until otherwise notified, the price includes insurance, postage and packing
3.2 If you live outside the Republic of Ireland, any VAT due is your responsibility and may be deducted at the collection point.
3.3 Additionally, you are responsible for any import duties and taxes levied in your country. Please contact your local customs office for information.
4.1 Delivery of artworks is as per point 2.1.
5 Cancellations Prior to Dispatch
5.1 If you cancel your order prior to dispatch, we will process a full refund within 14 days from the date of cancellation.
5.2 Providing your order has not been dispatched, you will not be charged for any postage costs (section 6, below) for more details.
5.3 If your order has already shipped we cannot cancel your order. Please see our Returns policy (section 6, below) for more details.
5.4 Cancellations cannot be made on special orders, sale items, commissions, or artwork which has been specially altered at the buyer’s request.
6.1 In the first instance, you may want to contact us via email regarding the problem.
6.2 If you change your mind after ordering and shipment, it is your responsibility to safely repack the item in its original packaging with original receipt or invoice and delivery slip, and pay for the cost of return postage within 14 days of your receiving the product, using the same courier and shipping method of original delivery. On the safe receipt of goods by us, the original price paid will be refunded to you within 14 days of undamaged goods received by us.
6.3 If you are not satisfied with the quality of goods received, it is your responsibility to safely repack the item in its original packaging with original receipt or invoice and delivery slip, and pay for the cost of return postage within 14 days of your receiving the product, using the same courier and shipping method of original delivery. On the safe receipt of goods by us, the original price and additional price of return packing/postage will be refunded to you within 14 days of undamaged goods received by us.
6.4 Artwork is returned at your risk, and returned artwork which is damaged, or not in its original condition or not in original packaging will not be refunded.
6.5 Returns cannot be made on special orders, sale items, commissions, or artwork which has been specially altered at the buyer’s request.
7 Receipt of Damaged Goods
7.1 In the first instance, please contact us via email regarding the problem, so that we can agree the next steps.
7.2 To process an insurance claim you must email us a good quality photo of the damaged artwork and any details agreed under 7.1, above.
7.3 Please keep all original packing materials.
7.4 Safely repack the item in its original packaging (unless damaged, in which case, use equivalent quality packaging) with original receipt or invoice and delivery slip, and pay for the cost of return postage within 14 days of your receiving the product, using the same courier and shipping method of original delivery.
7.5 On the safe receipt of goods, the original price and additional price of return packing/postage will be refunded to you within 14 days of goods received by us.
8.1 Unless otherwise stated on the website, artworks to be sold are not mounted or framed.
8.2 As computers and devices may present images via various formats, we cannot guarantee the colour quality of artworks on view from your computer/device.
8.3 Content may include technical or typographical errors, including slight discrepancies in measurements.
8.4 We may make improvements or changes to our website including the content, any text or any images of the artworks, at any time.
9.1 We give no warranty and make no representation, express or implied, as to the suitability of the artworks for your purpose.
10 Intellectual Property Rights
10.1 The intellectual property rights about artworks and our website, including copyright of the content belongs to us and/or the content provider.
10.2 Unless prior permission/agreement made, you may not use, copy or display any of the website content, in whole or in part.
10.3 The copyright of the artwork remains with the artist even after it has been sold.
11 Miscellaneous Provisions
11.1 You agree that email communications are contractually binding in the same way as properly signed and dated documents sent by post.
11.2 Where we provide goods or services without any charge to you, then they are deemed to be not linked with any other goods or service for which a charge is made. Therefore, there is no contractual nor other obligation upon us in respect of those goods or services.
11.3 Nothing in this agreement or on our website shall confer on any third party any benefit or obligation.
11.4 This agreement shall be governed by and construed in accordance with the law of the Republic of Ireland and the courts of Ireland shall have exclusive jurisdiction regarding this agreement.