Terms & Conditions
In this agreement:
“Buyer” means any person or business who purchases Prints through Our Website
“Seller” means any person or business offering Prints for sale through Our Website.
“Our Website” means the entire computing hardware and software installation that is or supports Our Website.
“Prints” means any of the prints that are offered for sale on 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 on Our Website
“We / Us” means John Henry Donovan
2 Our relationship of “Buyer” and “Seller”
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 or prospective buyer of Prints.
2.3 We shall accept your order through credit and debit card facilities. The buyer is giving express consent to paying by pressing the place order button and is obligated to pay if placing an order. Our following email message will confirm details of your purchase and tell you when we shall coordinate the dispatch of your order.
2.4 We cannot guarantee that Prints advertised on Our Website are always available.
2.5 If the Seller does not have Prints available that you have purchased, you will receive a full refund.
2.6 If in future, you buy Prints from us under any arrangement, which does not involve your payment via Our Website, these terms still apply.
2.7 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 prints 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 We reserve the right to refuse you access to Our Website.
4 Price and Payment
4.1 Any information given by us in relation to exchange rates are approximate only and may vary from time to time.
5.1 Cancellation of artworks are governed by the terms set forth in our Cancellations policy.
6.1 Returns of artworks are governed by the terms set forth in our Returns policy.
7.1 We may make improvements or changes to Our Website, the Content, or to any of the Prints, at any time and without advance notice.
7.2 We have worked hard 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 the prints on view from your computer.
7.3 You are advised that Content may include technical inaccuracies or typographical errors.
7.4 We give no warranty and make no representation, express or implied, as to:
7.4.1 the adequacy or appropriateness of the prints for your purpose;
7.4.2 the truth of any Content on Our Website published by someone other than Us;
7.4.3 any implied warranty or condition as to merchantability or fitness of the prints for a purpose other than that for which the prints are commonly used;
7.4.4 compatibility of Our Website with your equipment, software or telecommunications connection.
7.4.5 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.
7.4.6 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 Prints.
7.4.7 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.
8 Content and Intellectual Property Rights
8.1 The intellectual property rights in connection with Prints 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.
8.2 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.
8.3 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.
8.4 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.
9.1 The copyright of the Print remains with John Henry Donovan even after it has been sold.
10 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 John Henry Donovan does not guarantee uninterrupted or secure access to the site and the operation of the Site may be interfered with or disrupted without our control.
10.1 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.
10.2 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.
10.3 You may not use any software tool for the purpose of extracting data from Our Website.
10.4 You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
11 Acceptable use Policy
As a condition of your use of Our Website, you agree to comply with these provisions:
11.1 You will not use or allow anyone else to use Our Website to post or otherwise publish:
11.1.1 commercial audio, video or music files;
11.1.2 any Material which violates the law of any established jurisdiction;
11.1.3 unlicensed software;
11.1.4 software which assists in or promotes: emulators, phishing, hacking, password cracking, IP spoofing;
11.1.5 links to any of the material specified in this paragraph;
11.1.6 pornographic Material;
11.1.7 any Material promoting discrimination or animosity to any person on grounds of gender, race or colour.
11.2 You will not use the Services for spamming. Spamming includes, but is not limited to:
11.2.1 the bulk sending of unsolicited messages, or the sending of unsolicited emails which provoke complaints from recipients;
11.2.2 the sending of junk mail;
11.2.3 the use of distribution lists that include people who have not given specific permission to be included in such distribution process;
11.2.4 excessive and repeated posting off-topic messages to newsgroups;
11.2.5 excessive and repeated cross-posting;
11.2.6 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;
11.2.7 the emailing of age inappropriate communications or content to anyone under the age of 18.
12 Indemnity / Limitation of Liability
12.1 You agree to hold John Henry Donovan, 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 use of Our Website.
13 Miscellaneous provisions
13.1 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.
13.2 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.
13.3 Nothing in this agreement or on Our Website shall confer on any third party any benefit or obligation.
13.4 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.
13.5 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.
13.6 We are not liable for any breach of our obligations resulting from causes beyond our reasonable control.
13.7 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.