Terms of service
Terms of Service
Overview
This website is operated by Emma Jacobs Art. Throughout the site, the terms "we", "us" and "our" refer to Emma Jacobs Art. Emma Jacobs 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 visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our 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.
This site is powered by Shopify Inc., which provides us with the online e-commerce platform that allows us to sell our products and services to you.
Section 1 – Access and Account
You must be of the age of majority in your jurisdiction to use this site. By using this site, you confirm that you meet this requirement. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You accept responsibility for all activities that occur under your account.
Section 2 – Products
We have made every effort to display as accurately as possible the colours and images of our products. We cannot guarantee that your computer monitor's display of any colour will be accurate. We reserve the right to limit the sales of our products to any person, geographic region or jurisdiction and to discontinue any product at any time. Product descriptions are subject to change without notice.
Section 3 – Orders
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. All purchases are subject to our Refund Policy.
Section 4 – Prices and Billing
Prices for our products are subject to change without notice. We reserve the right to modify or discontinue the Service without notice. We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service. Posted prices exclude taxes, shipping, and customs unless stated otherwise.
Section 5 – Shipping and Delivery
Delivery times are estimates only and cannot be guaranteed. Risk of loss and title for items purchased pass to you upon transfer to the carrier. Please refer to our Shipping Policy for full details.
Section 6 – Intellectual Property & Copyright
All artwork, images, text, logos, graphics, and other content on this site are the property of Emma Jacobs Art and are protected by Irish and international copyright law.
Emma Jacobs is a member of IVARO (Irish Visual Artists Rights Organisation), the collective rights management organisation for visual artists in Ireland. All rights are reserved and managed in accordance with IVARO membership.
The purchase of an artwork — whether an original painting, print, or any other product — does not transfer copyright or any reproduction rights to the buyer. The copyright in all works remains exclusively with Emma Jacobs Art at all times.
No image, artwork, or content from this site may be reproduced, copied, distributed, published, uploaded, posted, transmitted, or used in any form or by any means — including digital, print, or broadcast — without the express prior written permission of Emma Jacobs Art.
Requests for reproduction rights or licensing enquiries should be directed to emma@emmajacobsart.com or through IVARO.
Unauthorised reproduction of any artwork constitutes an infringement of copyright and will be pursued accordingly.
Section 7 – Third-Party Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control or input. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind. Your use of optional third-party tools is entirely at your own risk.
Section 8 – Third-Party Links
Certain content, products and services available via our 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 us. We are not responsible for examining or evaluating the content or accuracy of those sites.
Section 9 – Relationship with Shopify
Our store is hosted on Shopify Inc. Shopify provides us with the online e-commerce platform that allows us to sell our products and services to you. Shopify is a service provider and is not responsible for sales transactions conducted through this store.
Section 10 – Privacy
Your submission of personal information through the store is governed by our Privacy Policy.
Section 11 – Feedback
If, at our request, you send certain specific submissions or, without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, you agree that we may, at any time, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.
Section 12 – Errors
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information at any time without prior notice.
Section 13 – Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content for any unlawful purpose; to solicit others to perform or participate in any unlawful acts; to violate any regulations, rules, laws, or local ordinances; to infringe upon or violate our intellectual property rights or the intellectual property rights of others; to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate; to submit false or misleading information; to upload or transmit viruses or any other type of malicious code; to collect or track the personal information of others; to spam, phish, pharm, pretext, spider, crawl, or scrape.
Section 14 – Autonomous Agents
If you access this site using automated software or autonomous agents, you must identify your agent via a descriptive user-agent string. You may not use automated tools to circumvent CAPTCHA or other security measures.
Section 15 – 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 us.
Section 16 – Disclaimer of Warranties
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. The service and all products and services delivered to you through the service are provided "as is" and "as available" for your use, without any representation, warranties or conditions of any kind.
Section 17 – Limitation of Liability
In no case shall Emma Jacobs Art, our 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.
Section 18 – Indemnification
You agree to indemnify, defend and hold harmless Emma Jacobs Art and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any claim or demand made by any third party due to or arising out of your breach of these Terms of Service.
Section 19 – Governing Law
These Terms of Service and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of Ireland. Any disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Ireland.
Nothing in these Terms affects your rights as a consumer under applicable European Union law, including but not limited to the EU Consumer Rights Directive (2011/83/EU) and the General Data Protection Regulation (GDPR).
Section 20 – Severability
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.
Section 21 – Entire Agreement
These Terms of Service and any policies or operating rules posted by us on this site constitute the entire agreement and understanding between you and us.
Section 22 – Contact Information
Questions about the Terms of Service should be sent to us at emma@emmajacobsart.com.
Emma Jacobs Art West Cork Collective, Main Street, Ballinspittle, Kinsale, County Cork, P17 FF62, Ireland CRO Registration: 738547