Art4you.ie is a website that allows you to buy, sell or make an offer on artworks displayed here. By using the site in these ways, you acknowledge that you are bound by the terms whether you have registered with us or not. If you do not agree you must stop using this site. Only those who are aged 18 and over may use this site. ** PLEASE NOTE WALL ART IS FOR DISPLAY PURPOSES ONLY AND MAY NOT BE IN EXACT PROPORTION**
1 Definitions.
In this agreement:
‘Buyer’ is an individual or business who purchases from our website.
‘Seller’ is an individual or business who puts artwork for sale on our website.
‘Our Website’ is the whole hardware and software installation that makes it and supports it.
‘Content’ is all material published on our site by us or anyone else with our approval.
‘Material’ is content of any kind by anyone published on our website.
‘We/Us’ is the staff at art4you.ie
2 Our Relationship with You the User
The following terms and conditions apply:
2.1 to you as a visitor to our website
2.2 and as a buyer or potential buyer of artwork
2.3 We accept payment through PayPal or all other major credit cards. We will send a post sale email with details that confirm your purchase and inform you regarding the dispatch of your order.
2.4 We process your payment on behalf of the seller but any contractual issues that arise out of the sale are you and the seller’s sole responsibility.
2.5 Outside of these terms, we have no responsibility to you in relation to your purchase.
2.6 We cannot ensure that artworks displayed on our website are available always.
2.7 In the event that a seller doesn’t have the artwork available, you will get a complete refund.
2.8 If you buy artwork from us under an agreement outside of the said payment method, these terms still apply.
2.9 We retain the right to change these terms. The terms applicable to you are those posted in this section of our website on the day you access or order from us.
3 Your Account with art4you.ie: Seller/Buyer
3.1 You agree that the information you have provided about yourself and continue to do so is up to date and complete.
3.2 You are solely responsible for keeping the confidentiality of your account details and thereby ensuring against any unauthorized use of your account.
3.3 You are responsible for all activities that happen under your account. If you believe someone had made an unauthorized use of your account, you should take action immediately by informing us and changing your account password.
3.4 We retain the right to forbid you access to our website.
3.5 Direct correspondence with sellers/buyers is prohibited. This includes putting contact details of any kind on product packaging.
3.6 Upon failure to meet these terms we reserve the right to close your account with no prior notice to you. Any outstanding amounts due to us will stay liable.
4 Price and Purchase
4.1 Subscriptions may be cancelled at any time, with no refunds.
4.2 If you are selling on our site you must adhere to VAT regulations where they apply.
4.3 From time to time, we may offer sales of artworks with up to 15% reduction from advertised selling price.
4.4 If you are resident outside of the Republic of Ireland, VAT will be deducted at payment stage, if applicable.
4.5 Information provided by us regarding exchange rates are approximate and may change from time to time.
5 Delivery
5.1 The majority of our artworks shop worldwide for free.
6 Cancellations and Returns
6.1 Please read our returns policy.
7 Foreign Taxes, Duties and Import Regulations
7.1 For any taxes or import duties enforced in your country you must take sole responsibility. Get in contact with your local customs office for info.
8 Disclaimers
8.1 We may make changes to any part of our website, including content and artwork at any time and without notice.
8.2 We are not responsible for issues relating to the colour correctness of our artworks displayed on your computer.
8.3 Content on our site is not free from technical inaccuracies or other similar errors.
8.4 We give no warranty and make no representation, expressed or implied, as to:
8.4.1 the appropriateness or adequacy of artwork for your intention
8.4.2 the veracity of any content published on our website by someone other than us
8.4.3 any condition or warranty as to the saleability or appropriateness of the artwork for a purpose other than what such artwork is commonly used for
8.4.4 our website’s compatibility with hardware, software or telecommunications connection
8.4.5 we may include links on our website to other sites. Such sites are beyond our power and control. We shall not be held liable for the content of any such website or any problems arising from your use of such websites
8.4.6 we are not responsible for any loss or damage arising from loss of use, loss of data or loss of revenues and profits, be it in an act of contract, negligence or otherwise, resulting from or in relation to your use of our website including the purchase of any artwork
8.4.7 in the event that any term or condition or obligation on our part is implied into these conditions legally, then our liability is to the whole value of the artwork you have purchased.
9 Your Material
9.1 You must accept all risk and responsibility for any material you publish on our website. You are the copyright owner. We retain the right to edit, copy, publish, translate and distribute your material for purposes of marketing and advertising.
9.2 Any artwork or offer you upload to our site must abide by copyright laws and regulations.
9.3 If you sell prints on our website, you must own the copyright for the original piece.
9.4 Identification such as a government issued ID may be necessary.
9.5 Any work sold on our website is free from copyright and intellectual property issues.
9.6 After the piece has been sold, copyright stays with the artist.
10 Intellectual Property and Content Rights
10.1 The intellectual property rights in relation to any artwork and our site, including content provided by us or another provider, is owned by the content provider.
10.2 The designs and compilation of all content on our site is the sole property of us and / or the other content provider.
10.3 You may not use or exploit any of the content in any way except as set out in section 9.
10.4 You may not use any content on our site including name, logos or trademarks, on any other websites, whether owned by you or others.
11 System Security
We retain the right to change our website or these terms without advance notice. Users must agree that art4you.ie cannot guarantee secure or uninterrupted access to our site and that the running of the site may be disrupted outside our control.
11.1 We will maintain our site to the best of our abilities but at times your use may be interrupted.
11.2 You accept that you will not let any person attempt to violate site security.
11.3 You agree not to use software that can extract data from our website.
11.4 You understand that any such action may result in criminal prosecution.
12 Acceptable Use Policy
As a user of our website you must comply with the following provisions:
12.1 You must not use or let another person use our website to publish
12.1.1 commercial audio, music or video files
12.1.2 material that breaks the law of any established jurisdiction
12.1.3 unlicensed software
12.1.4 Software involved in the following: phishing, password cracking, hacking, IP Spoofing and emulators
12.1.5 links to any material mentioned in this section
12.1.6 pornography
12.1.7 material that promotes discrimination in terms of gender, race or ethnic background.
12.2 You will not use our services for spamming including:
12.2.1 sending unsolicited messages in bulk
12.2.2 sending junk mail
12.2.3 the use of distribution lists obtained without consent
12.2.4 posting off-topic messages to newsgroups to excess
12.2.5 cross posting to excess
12.2.6 harassment of another user with material that is offensive including threatening, libellous or obscene material
12.2.7 emailing communications that are age inappropriate.
13 Indemnity / Limitation of Liability
13.1 You agree to hold art4you.ie, including affiliates, officers and employees, free from any legal claim, including lawyers costs, made by any third party due to account holders use of our website, the violation of this agreement or violation of any law by account holders.
14 Miscellaneous
14.1 We communicate via email. You understand that all such communications are legally binding in the same way as signed and dated post.
14.2 There is no contractual obligation on us in respect of goods or services we provide without charge to you. They are not to be connected with other goods and services for which we make a charge.
14.3 Nothing in these terms and conditions or on our website shall confer any benefit or obligation on a third party.
14.4 If any of these terms are held to be void or invalid by a jurisdiction then it shall be deemed as changed only to the extent minimally necessary to bring it within the laws of that jurisdiction and in that form it shall be binding. Subject to that, each provision each provision shall be deemed severable and shall not affect any other of these terms.
14.5 In exercising any provision or right in this agreement, no waiver by us shall operate as a waiver of any other right or of that same right at a future time. Also, any delay in exercising any right or provision shall not be interpreted as a waiver.
14.6 We are not liable to any breaches of our obligations due to causes beyond our control e.g. strikes by our employees.
14.7 This agreement is governed by the law of the Republic of Ireland and its courts shall have exclusive jurisdiction regarding this agreement.
