In this agreement:
“Buyer” means any person or business who purchases through Our Website
“Seller” means any person or business offering artworks for sale through our website.
“Our Website” means the entire computing hardware and software installation that is or supports our website.
“Content” means any material in any form published on our website by us or any third party with our consent.
“Material” means Content of any sort posted by you on our website
“We / Us” Granitefield Print and Graphic t/The Kilrane Gallery
2 Our relationship with you.
These terms and conditions apply:
2.1 So far as the context allows, to you as a visitor to our website; and
2.2 In any event to you as a buyer
2.3 We shall accept your order through Paypal or/and additional credit card facilities. Our following email message will confirm details of your purchase and tell you when we shall coordinate the dispatch of your order.
2.4 Although we receive your payment on behalf of the Seller, any contractual obligations arising out of your purchase of the Seller’s Artworks are the responsibility of the seller and you only.
2.5 We have no responsibility to you in relation to your order from a Seller or any Seller’s except as expressly set out in these terms.
2.6 We cannot guarantee that artworks advertised on our website are always available.
2.7 If the Seller does not have an artwork/s available that you have purchased, you will receive a full refund.
2.8 If in future, you buy artworks from us under any arrangement, which does not involve your payment via our website, these terms still apply.
2.9 We may change these terms from time to time. The terms that apply to you are those posted here on our website on the day you order or access our website.
3 Your account with us : Seller / Buyer
3.1 You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself.
3.2 If you use our website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your account.
3.3 You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.
3.4 We reserve the right to refuse you access to our website.
3.5 You may not correspond directly with Sellers except in the case of Swap.
3.6 If you breach any of these Terms, We will have the right to cancel your account without prior notice to you. Any outstanding amounts due to Us will remain liable.
4.1 Delivery of artworks varies by artist. Contact us for more details.
5.1 We may make improvements or changes to our website, the Content, or to any of the Artworks, at any time and without advance notice.
5.2 We have worked hard with our IT team to present the best quality images on our website. Due to the fact that computers present image files in varied formats we can offer no warranty for the colour correctness of Artworks on view from your computer.
5.3 You are advised that Content may include technical inaccuracies or typographical errors.
5.4 We give no warranty and make no representation, express or implied, as to:
5.4.1 the adequacy or appropriateness of the Artworks for your purpose;
5.4.2 the truth of any Content on our website published by someone other than Us;
5.4.3 any implied warranty or condition as to merchantability or fitness of the Artworks for a purpose other than that for which the Artworks are commonly used;
5.4.4 compatibility of our website with your equipment, software or telecommunications connection.
5.4.5 Our website may contain links to other Internet websites outside our power and control. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website.
5.4.6 We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of our website or the purchase of Artworks.
5.4.7 In any event, including the event that any term or condition or obligation on our part (“Implied Term”) is implied into these conditions by law, then our liability is (limited to the maximum extent permitted by law), to the value of the goods or services you have purchased.
6 Content and Intellectual Property Rights
6.1 The intellectual property rights in connection with Artworks and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software) belongs to the content provider.
6.2 We also claim copyright in the designs and compilation of all Content of Our Website. Title, ownership rights, and shall remain the sole property of Us and / or the other content provider.
6.3 Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part. If your work is showing on another website which has in any way exploited any of the Content from The Kilrane Gallery we reserve the right to remove your account. We will notify you in advance.
16.4 You may not use Our name or logos or trade marks or any other Content on any website of yours or that of any other person.
7 Your Material
7.1 If you post any Material in Our Website, you warrant that you own the copyright or are legally entitled and you accept all risk and responsibility for it. You grant to us the right to edit, copy, publish, distribute, translate and otherwise use your Material for marketing and advertising purposes.
7.2 You must not upload onto our website any artwork or offer any print for
sale which infringes copyright, relevant law or regulation.
7.3 If you offer prints for sale on our website, you must be the creator, or
own the copyright of the original artwork.
7.4 You may be required to provide a government issued ID or other similar
identification or documentation.
7.5 You accept that any artwork or print sold or swapped through us is free
from intellectual property disputes or copyright restrictions.
7.6 The copyright of the Artwork remains with the artist even after it has been sold.
8 System Security
Modifications and Interruption to Site
We reserve the right to edit, modify or discontinue this Our Website or to change these Terms without notice. Account holders acknowledge and accept that The Kilrane Gallery do not guarantee uninterrupted or secure access to the site and the operation of the Site may be interfered with or disrupted without our control.
8.1 We will do our best to maintain our website so that you have constant use, but there will be times when your use may be interrupted.
8.2 You agree that you will not, and will not allow any other person to violate or attempt to violate any aspect of the security of our website.
8.3 You may not use any software tool for the purpose of extracting data from our website.
8.4 You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
9 Acceptable use Policy
As a condition of your use of our website, you agree to comply with these provisions:
9.1 You will not use or allow anyone else to use our website to post or otherwise publish:
9.1.1 commercial audio, video or music files;
9.1.2 any Material which violates the law of any established jurisdiction;
9.1.3 unlicensed software;
9.1.4 software which assists in or promotes: emulators, phishing, hacking, password cracking, IP spoofing;
9.1.5 links to any of the material specified in this paragraph;
9.1.6 pornographic Material;
9.1.7 any Material promoting discrimination or animosity to any person on grounds of gender, race or colour.
9.2 You will not use the Services for spamming. Spamming includes, but is not limited to:
9.2.1 the bulk sending of unsolicited messages, or the sending of unsolicited emails which provoke complaints from recipients;
9.2.2 the sending of junk mail;
9.2.3 the use of distribution lists that include people who have not given specific permission to be included in such distribution process;
9.2.4 excessive and repeated posting off-topic messages to newsgroups;
9.2.5 excessive and repeated cross-posting;
9.2.6 email harassment of another Internet user, including but not limited to, transmitting any threatening, libellous or obscene Material, or Material of any nature which could be deemed to be offensive;
9.2.7 the emailing of age inappropriate communications or content to anyone under the age of 18.
10 Indemnity / Limitation of Liability
10.1 You agree to hold Granitefield Print and Graphic t/a Crafters Kilrane, affiliates, officers and employees, harmless from any claim or demand, including lawyers’ fees and costs, made by any third party due to or arising out of account holders use of Our Website, the violation of this Agreement, or violation of any law by account holders.
11 Miscellaneous provisions
11.1 When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
11.2 Where we provide goods or services without specific charge to you, then it (or they) are deemed to be provided free of charge, and not to be associated with any other goods or service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of those goods or service.
11.3 Nothing in this agreement or on Our Website shall confer on any third party any benefit or obligation.
11.4 If any of these Terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
11.5 No waiver by us, in exercising any right, power or provision in this agreement shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
11.6 We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.
11.7 The Room View facility on the product pages is for guideline purposes only. We are not liable, if on purchase of a product, the actual size is not equal to the representation online.
11.8 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 regards this agreement