Client Terms and Conditions
Artist Lidija Ivanek SiLa.
TERMS AND CONDITIONS OF CONTRACT
1.1 These terms and conditions (‘Terms and Conditions’) apply to the sale to you by the artist’s personal website silaart.com of any original artwork, limited or open edition print, illustration or any other piece of artwork (the “Artwork”) by the artist Lidija Ivanek SiLa (the ‘Artist’) through the website.
Orders and Prices.
2.1 In respect of an order made through silaart.com website, the maximum order quantity for any one item is limited with availability in stock. Select the number of items you wish to buy, then click on checkout and enter your personal details onto the form.
2.2 Artwork prices are subject to change. Prices may rise as an edition of an Artwork begins to sell out.
3.1 Delivery of the Artwork shall be made by the Artist through the Irish Post or other delivery companies if previously agreed with the client.
3.2 All delivery charges will be payable by you. Please allow up to 15 days for delivery. Price of delivery will be added to the price of artwork on the check out if the Irish Post is used.
3.3 Delivery to you will be deemed to have occurred once the packaged, stamped and addressed Artwork is placed with the Irish Post, or such other carrier as we may use.
3.4 The Client is liable for any import tax, customs duty, VAT or other taxes that it may occur depending on the law of the country of import.
Title and Risk.
4.1 Title and risk in the Artwork shall pass to you when The Artist has received the payment price for the Artwork in full, whether or not delivery has been made. Upon such payment, you will be responsible for the Artwork, the risk of damage to or loss of the Artwork will pass to you and you shall be responsible for insuring the same.
Ownership of Copyright
5.1 It is the Artist’s expectation that the Artwork will not be purchased for resale and will be retained by you for your own personal enjoyment
5.2 In addition, but without prejudice to your undertakings set out at condition 5.1 above, you may not sell or offer to sell the Artwork on any internet-based site of any description.
5.3 In accordance with the Copyright and Related Rights Act, 2000, copyright in the Artwork shall remain the property of the Artist at all times.
5.4 You may not produce any image of the Artwork and may not, at any time, publish or submit for publication or reproduction of any image of the Artwork to any third party, including any internet website, for any purpose.
5.5 If you breach any of your obligations set out under condition 5.3 you agree that the payment of damages alone may not be a sufficient remedy to compensate The Artist for any such breach. The Artist may carry out all or any of the following actions:
5.5.1 Apply to the Court seeking an Order to prevent you from continuing to breach your obligations under these Terms and Conditions;
5.5.2 Apply to the Court seeking an Order that the Artwork or any item or items produced in breach of these Terms and Conditions shall be delivered up to us carriage paid;
5.5.3 Apply to the Court seeking an Order to require that any items produced in breach of these Terms and Conditions shall be destroyed; or
5.5.4 Apply to the Court seeking an Order to require that any offer for sale or image of the Artwork placed by you (whether directly or indirectly) on any internet website is removed.
5.6 The list set out above is not exhaustive and you will indemnify us in respect of the cost of any steps taken pursuant to condition 5.5 as a result of your breach of these Terms and Conditions.
6.1 By signing/agreeing these Terms and Conditions, you confirm that you are aware of and consent to the use by The Artist of any personal data within the meaning of the Data Protection Act and that The Artist may create and maintain computer and paper records, collect, hold, control, use and transmit personally identifiable information obtained from you in the course of the purchase of the Artwork.
6.2 By agreeing to these Terms and Conditions you consent that such personal data may be used for promotions connected with The Artist.
Liability of the Artist.
7.1 The Artist does not accept any liability for damage to the Artwork caused by your own negligence or fault, in particular, but not restricted to, in the maintenance of the Artwork.
7.2 With the placement of the order the ordering party expressly acknowledges that the quality of the Artwork depends on the material specified on the website and that due to the production and printing methods, minor variations in colour, format and in the quality of material used may occur compared to the samples displayed on the website. With the placement of the order the ordering party also expressly acknowledges that the Artwork will inevitably be subject to a product-specific and natural change (e.g. bleaching) which may be accelerated by environmental impacts and inappropriate storage or care. These minor variations and/or these changes do not affect the fact that the Artwork are consistent with the terms of the contract and, especially, do not render the Artwork defective.
8.1 Please note that you cannot cancel this contract. Accordingly, once purchased you may not return the Artwork and The Artist does not offer refunds.
Governing Law and Jurisdiction.
9.1 These Terms and Conditions shall be governed by and construed in accordance with Irish law and the parties irrevocably submit to the non-exclusive jurisdiction of the Iris courts. Nothing contained in these Terms and Conditions affects your statutory rights.
I confirm acceptance of these Terms and Conditions and in particular, I consent to the use of personal data in condition 6 above.