Note: Terms of Delivery & Refund are featured here also. If you do not agree to these terms you must cease using of this website.
2 My relationship with youThese terms and conditions apply to you as a visitor to my website and in the event, to you as a buyer:
2.1 Copyright of the text of this website is retained by Jonathan Cassidy.
2.2 Copyright of the photographs and paintings featured on this website is retained by Jonathan Cassidy as creator of these images. Copyright is not transferred at any point. When a work is sold, copyright is still retained by Jonathan Cassidy.
2.3 Resale laws of Ireland and the E.U. apply in the event of resales.
2.4 If in future, you buy artworks from me under any arrangement, which does not involve your payment via my website, these terms still apply.
2.5 I may change these terms from time to time. The terms that apply to you are those posted here on Jonathancassidy.ie, on the day you order an artwork or access my website.
3. The Paintings
3.1 The paintings featured are generally painted on site, en plein air, but not exclusively so.
4 Price and Payment
4.1 Payment is in Euros. .
4.2 Payments are made through Paypal, a reputable and secure payment facilitation online company where you can pay with credit or debit card. Other payment methods may be facilitated as necessary by agreement. An email message will confirm details of your purchase and tell you when your order will be dispatched.
4.3 Purchasers from outside the Republic of Ireland have responsibility for complying with any import regulations, Taxes and laws as the importer into your country of the artwork, for example complying with the tax code and paying any relevant duties.
4.4 VAT is not charged on your purchase, thus VAT refunds from revenue do not apply for businesses, nor certain purchases from outside Ireland, such as from America.
4.5 Payment plans can be agreed with Jonathan Cassidy but artworks will only be dispatched on receipt of final payment.
5.1 Please note that delivery times can be unpredictable and while every effort will be made to despatch artworks promptly, I cannot accept any liability for delivery missing a crucial date such as a birthday or other occasion.
5.2 In the event that you need an artwork before a certain deadline, please get confirmation from me that it can be easily met before completing your purchase.
5.3 Packages will be bulky, because of the need to protect the paintings.
5.4 Please retain all packaging in as intact a state as possible until you have fully decided to keep the painting.
6.1 It is my wish that when you open your package that your reaction will be Wow! That you will know that the painting will make your living or work space more wonderful! However if for whatever reason you are not entirely happy, email me within seven days and despatch it back within a further seven. •You must cover the cost of return delivery.
6.2 Artwork is returned at your risk. •Returned artwork which is damaged or not in its original condition will not be refunded.
6.3 When the artwork has been returned in its original condition, I will refund the full cost of the artwork to you.
6.4 How do you return it? Package the artwork in its original packaging or similar quality packaging. Include the delivery slip in the package. Retain your receipt & emails relating to the artwork. Remember, you are responsible for the safe return of the artwork. It needs to be carefully packaged to avoid damage.
6.5 Please Remember - You must pay all costs relating to the return of the artwork. The cost of shipping the artwork back may be more than it cost to ship the artwork to you. I am not responsible in any way for damaged or undelivered returns. Your courier may also charge for insurance.
6.6 Once the artwork is safely returned you will receive a full refund.
7 Damaged Goods What do I do if my artwork is damaged in transit?
7.1 If a damaged artwork has been delivered to you, email us within 24 hours of receipt.
7.2 In order to process an insurance claim you must email us a good quality photo of the damaged artwork, your order number & any other relevant information.
7.3 Please keep all original packing materials.
7.4 I will then advise you on the return of the artwork.
7.5 When the artwork has been returned we will refund the full cost of the artwork & the cost of delivery if applicable.
8.1 I may make improvements or changes to my website, the content, or to any of the artworks, at any time and without advance notice.
8.2 I have worked hard with the IT team to present the best quality images on this website. I can give no guarantee for the exact colour correctness of artworks when viewed on your computer.
8.3 You are advised that this website may include technical inaccuracies or typographical errors.
8.4 I am not liable for any loss resultant from using this website. Any claim against Jonathan Cassidy will be limited to a full refund of the purchase price, postage and packaging, unless Irish Law adjudicates otherwise.
9 Content and Intellectual Property Rights
9.1 The intellectual property rights in connection with the Paintings, photos and text content on this website are retained by Jonathan Cassidy.
9.2 Copyright of the graphic design, the “look” of this website remain the property of Jonathan Cassidy.
9.3 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 of this website, in whole or in part.
10 Modifications and Interruption to Site
10.1 I reserve the right to edit, modify or discontinue this website or to change these terms without notice.
10.2 I do not guarantee uninterrupted or secure access to the site and the operation of the Site may be interfered with or disrupted from time to time.
11 System Security and Acceptable use Policy
11.1 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 this website.
11.2 You may not use any software tool for the purpose of extracting data from my website.
11.3 You understand that any such violation is unlawful in many jurisdictions and legal proceedings may follow any offence.
12 Indemnity / Limitation of Liability
12.1 The limit of liability arising in the event of disappointment with any of my paintings, the delivery process, the level of service provided or any other interaction resulting from your using this website will be limited to a full refund of any purchase or one cent in the event of no pruchase.
12.2 The sizes of paintings as described on the website are approximate and are for visualisation purposes only. No liability is accepted for any discrepancies in any dimension.
12.3 It is important to never purchase a frame before receiving the picture and checking its dimensions. It is highly recommended that you bring the picture to a certified/’master craftsman’ framer in order to get a suitable frame.
12.3 In the event of a dispute arising from using this website or purchasing an artwork, you agree to first offer Jonathan Cassidy an opportunity to rectify the situation. In the event that issues still remain to be resolved that a mediator be appointed to facilitate the resolution process. The mediation process should be allowed sufficient time to do its work and the cost of the process should be either shared equally or be allocated by the mediator as part of their recommended settlement. The mediator will be appointed from the Mediators Institute of Ireland.
12.4 In the event that you decide to employ legal representatives, their remuneration will be your own liability only.
13 Miscellaneous provisions
13.1 When I communicate with you by email, you agree that email communications form a contract in the same way as signed and dated letters sent by post, do.
13.2 Nothing in this agreement or on my website shall confer on any third party any benefit or obligation.
13.3 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.
13.4 No waiver by me, 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 I am not liable for any breach of my obligations resulting from causes beyond my reasonable control.
13.8 This Agreement shall be governed by and construed in accordance with the laws of the Republic of Ireland and the courts of Ireland shall have exclusive jurisdiction regarding this agreement.