Terms and Conditions
This website is operated by Siobain O’Brien Art. Throughout the site, the terms “I”, “me” and “my” refer to Siobain O’Brien Art. Siobain O’Brien Art offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By accessing, browsing or using the Siobain O’Brien Art website or any website with links to this agreement in any way or clicking an “I ACCEPT” or similar button, you represent that (1) you have read, understood, and agreed to the bound by the terms, (2) you are of legal age to form a binding contract with Siobain O’Brien Art and (3) you have the authority to enter into the terms on behalf of yourself or the company your represent, and to bind that company to these terms. If you do not agree to bound by the terms, you may not access or use my website.
Please read these Terms of Service carefully before accessing or using my website. By accessing or using any part of the site, you agree to be bound by these Terms of Service.
If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools, which are added to, the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. I reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to my website. It is your responsibility to check this page periodically for changes.
Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
My store is hosted on Wix. They provide me with the online e-commerce platform that allows me to sell my products and services to you.
The website and the content and the information available on the website are protected by copyright laws throughout the world. Subject to the terms, Siobain O’Brien Art grants you a limited license to reproduce portions of Siobain O’Brien Art for the sole purpose of using the website for your personal purposes. Unless otherwise specified by Siobain O’Brien Art in a separate license, your right to use any Siobain O’Brien Art properties is subject to the terms.
Purchase of Paintings
Orders: I will take all reasonable care, in so far as it is in my power to do so, to keep the details of your order and payment secure, but in the absence of negligence on my part I cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.
Contract creation and electronic contracting: The technical steps required to create the contract between you and me are as follows:
You place the order for your paintings on the Website by pressing the confirm order button at the end of the checkout process. You will be guided through the process of placing an order by a series of simple instructions on the Website
I will send you an order acknowledgement email detailing the paintings you have ordered. This is not an order confirmation or order acceptance from siobainobrienart.com
As your painting is shipped I will send you a despatch confirmation email.
Order acceptance and the completion of the contract between you and me will take place on the despatch to you of the Products ordered unless I have notified you that I do not accept your order, or you have cancelled it in accordance with the instructions in Change or cancel an order
Non-acceptance of an order may be a result of one of the following:
The painting you ordered being no longer available
My inability to obtain authorisation for your payment
The identification of a pricing or painting description error
You’re not meeting the eligibility to order criteria set out in the main Terms & Conditions
The contract will be concluded in English.
Description of Paintings
Each Product purchased is sold subject to its Product Description which sets out additional Specific Conditions related to that Product including, without limitation, terms and conditions concerning estimated delivery dates and times.
I will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although I aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order. I cannot confirm the price of a Product until your order is accepted in accordance with my Order acceptance policy.
Online Store Terms
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given me your consent to allow any of your minor dependents to use this site.
You may not use my products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
I reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by me.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Accuracy, Completeness and Timelines of Information
I are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. I reserve the right to modify the contents of this site at any time, but I have no obligation to update any information on my site. You agree that it is your responsibility to monitor changes to my site.
Modifications to the Service and Prices
Prices for my products are subject to change without notice.
I reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
I shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Accuracy of Billing and Account Information
Although it is highly unlikely that Siobain O’Brien Art would refuse to accept an order, Siobain O’Brien Art reserve the right to refuse any order you place with me. I may, in my sole discretion, limit or cancel quantities purchased per person, per household or per order.
These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
Each part of an order that you submit to Siobain O’Brien Art constitutes an offer to purchase merchandise. If you have placed your order through the website, then, after Siobain O’Brien Art has received your order, you will receive an email from Siobain O’Brien Art confirming receipt of your order (usually within minutes). If you do not receive an email from me confirming receipt of an order that you placed, then please contact me.
In the event that I make a change to or cancel an order, I may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. I reserve the right to limit or prohibit orders that, in my sole judgment, appear to be placed by dealers, resellers or distributors.
All prices are quoted in the denomination stated. To make a purchase, you must provide a valid credit card (Visa, Master Card, or any other issuer accepted by me). Your payment provider agreement governs your use of the designated credit card, and you must refer to that agreement and not the terms to determine your rights and liabilities. By providing Siobain O’Brien Art with you credit card number and associated payment information, you hereby authorize me to immediately charge your credit card for all fees and charges due and payable to Siobain O’Brien Art hereunder or credit your credit card for any refunds owed and that no additional notice or consent is required. You agree to immediately notify Siobain O’Brien Art of any change in your billing address or the credit card used for payment hereunder. Siobain O’Brien Art reserves the right at any time to change its prices and billing methods.
Tax and Customs
Since I work with suppliers that may ship your product/s from oversees (this depending on your location), additional costs such as tax and customs may occur.
Siobain O’Brien Art is not responsible for the tax and customs that you may have to pay in order to claim your purchases.
Tax and customs fees are different in each country, so before purchasing any product/s from my store, I recommend you check these with the postal office that you belong to.
I sincerely hope that you do not use additional import costs or customs clearance delays as a reason for requesting refunds or leaving negative feedback.
When you purchase something from my store, as part of the buying and selling process, I collect the personal information you give me such as your name, address and email address.
When you browse my store, I also automatically receive your computer’s Internet protocol (IP) address in order to provide me with information that helps me learn about your browser and operating system.
I may provide you with access to third-party tools over which I neither monitor nor have any control nor input.
You acknowledge and agree that I provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. I shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
I may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Third Party Links
Certain content, products and services available via my Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with me. I are not responsible for examining or evaluating the content or accuracy and I do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
I are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
User Comments, Feedback and Other Submissions
If, at my request, you send certain specific submissions (for example contest entries) or without a request from me you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that I may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to me. I are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
I may, but have no obligation to, monitor, edit or remove content that I determine in my sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead me or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. I take no responsibility and assume no liability for any comments posted by you or any third-party.
Errors, Inaccuracies and Omissions
Occasionally there may be information on my site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. I reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
I undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law.
No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate my intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. I reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Disclaimer of Warranties; Limitation of Liability
I do not guarantee, represent or warrant that your use of my service will be uninterrupted, timely, secure or error-free.
I do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time I may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by me) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchant-ability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Siobain O’Brien Art, directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, my liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless Siobain O’Brien Art and my parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Section 16 - Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or me. You may terminate these Terms of Service at any time by notifying me that you no longer wish to use my Services, or when you cease using my site.
If in my sole judgment you fail, or I suspect that you have failed, to comply with any term or provision of these Terms of Service, I also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to my Services (or any part thereof).
The failure of me to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by me on this site or in respect to The Service constitutes the entire agreement and understanding between you and me and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and me (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
This website can be accessed from countries around the world and may contain references to Siobain O’Brien Art properties and other content that are not available in your country.
These references do not imply that Siobain O’Brien Art intends to introduce such properties or content in your country. Those who access or use Siobain O’Brien Art from other jurisdictions do so at their own violation and are responsible for compliance with local law.
Changes to Terms of Service
You can review the most current version of the Terms of Service at any time at this page.
I reserve the right, at my sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to my website. It is your responsibility to check my website periodically for changes. Your continued use of or access to my website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
I will respond to any enquiries you may have to the best of my ability.
I work tirelessly to make sure you're completely satisfied with my services.