Terms of service

OVERVIEW

The following Terms of Service outline the rules and regulations for the use of Gina Duggan's website located at https://www.ginaduggan.com. Please read these Terms of Service carefully before using our website.

The following terminology applies to these Terms of Service, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company’s terms and conditions. “The Business”, “Ourselves”, “We”, “Our” and “Us”, refers to our Business. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Business’ stated Services, in accordance with and subject to, prevailing law of Ireland and the European Union. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

By visiting our website and/or purchasing something form us, you engage in our “Service” and agree to accept the following Terms of Service and policies referenced herein. Do not continue to use ginaduggan.com if you do not agree to all of the Terms of Service stated on this page.

ONLINE STORE
By agreeing to these Terms of Service you represent that you are over 18 years old or a legal adult in your country of residence and have given us consent to allow any of your minor dependants to use this site.

We reserve the right to refuse service to anyone for any reason at any time. Prices for products are subject to change without notice and we reserve the right to modify or discontinue our product or service without notice. We shall not be liable to you or any third party for any modification, price change, suspension or discontinuation of a product or service. Descriptions of products or prices are subject to change at any time without notice.

Our products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display our products in the store as accurately as possible but cannot guarantee your computers display of any colour will be accurate. We reserve the right without obligation to limit the sale or quantity of products or services to any person, geographic region or jurisdiction and may exercise this right on a case-by-case basis. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. We reserve the right to update, change or replace any part of these Terms of Service by posting changes to our website. It is your responsibility to check the website periodically for changes.

Redbubble Store
Third-party links such as Redbubble are not affiliated with us. We are not responsible for evaluating content and we do not warrant liability for any third party materials or websites. Digital and physical products ordered on redbubble.com are subject to Redbubble’s terms and conditions. Gina Duggan is the designer and in no way responsible for the production, quality, the processing of payments, the clients information or the shipping of orders made via redbubble.com.

We are not liable for any damages related to the purchase of goods, services, content or transactions made in connection with third-party websites. Complaints, claims or questions regarding third-party products should be directed to the third-party.

PAYMENTS
Our online store/shop is hosted by Squarespace. They provide us with the online e-commence platform that allows us to sell our products and services to you. Payments are processed via the payment platforms Stripe and Paypal.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store and agree to update your accounting, billing, shipping or credit card information promptly so that we may complete your transactions and contact you as needed.

All items for sale including commissions are not subject to Value Added Tax. If you are purchasing online from outside the EU, you may be charged custom duties and taxes outside of the overall shipping cost – these fees are the sole responsibility of the customer and it is advised that you contact your local customs office for further information.

COOKIES
We employ the use of cookies. By accessing ginaduggan.com, you agree to use cookies in agreement with our Privacy Policy.

Most interactive websites use cookies to let us retrieve the users details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

RETURN POLICY
A refund is a clients request to receive the amount the client has paid for an item or service. We understand that art can look different in person compared to the online representation of the product. We endevour to represent the artwork to you as best as we can, however, discrepancies in overall colour and texture of the artwork may vary. Returns and exchanges are done on a case by case basis.

Upon receipt of shipped artwork clients have 7 days in which to contact the seller for a refund. To initiate the return of a product, you can contact us at ginadugganart@gmail.com. Unsuitable or defective items may be returned for refund or exchange providing they are received within 14 day of the original delivery date in brand new, unused condition and in the original undamaged packaging. This must be accompanied with a note stating your name, address, email and order number. Please also state whether you require a refund or replacement. The final decision regarding the refund is at our discretion. If your return is accepted, we will send you instructions on how and where to send your package. Items sent back to us without first requesting a return will not be accepted.

Damages and issues
Please inspect your order upon delivery and contact us immediately if the item is defective, damaged or if you receive the wrong item, so that we can evaluate the issue and endeavour to correct it.

Deposits of paintings
Deposits for the creation of a custom painting or drawing are non refundable.

ERRORS
Occasionally there may be information on our site or in product or service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in product or service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in product or service or on any related website, including and without limitation to pricing information, except as required by law. No specified update or refresh date applied in product or service or on any related website, should be taken to indicate that all information in product or service or on any related website has been modified or updated.

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: (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 our 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 product or 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 product or service or any related website, other websites, or the Internet. We reserve the right to terminate your use of product or service or any related website for violating any of the prohibited uses.

LICENSE
Unless otherwise stated, Gina Duggan Art and/or its licensors own the intellectual property rights for all material on ginaduggan.com. All intellectual property rights are reserved. You may access this from ginaduggan.com for your own personal use subjected to restrictions set in these Terms of Service.

DISCLAIMER
The failure of us 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 us on this site or in respect to the product or service constitutes the entire agreement and understanding between you and us and govern your use of product or service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (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.

Reservation of Rights
We reserve the right to request that you remove all links or any particular link to our Website. You agree to immediately remove all links to gina duggan.com upon request. To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will: limit or exclude our or your liability for death or personal injury; limit or exclude our or your liability for fraud or fraudulent misrepresentation; limit any of our or your liabilities in any way that is not permitted under applicable law; or exclude any of our or your liabilities that may not be excluded under applicable law. The limitations and prohibitions of liability set out herein and elsewhere in the Terms of Service: (a) are subject to the preceding paragraphs; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.