Terms of website use
Information about us
www.keithreillyart.com is a site operated by KEITH REILLY ART ("We," “Us,” “Our”). See also ‘SHOPIFY section of T&Cs. We operate as a sole trader business. Our registered office is at 12 Norman Court, White Rock, Hastings East Sussex, TN34 1JX, United Kingdom.
Accessing our site
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
Bulletin board / News feed / Comments / Blog
You must not use our website in any way which is unlawful, illegal, defamatory, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use our website for any purposes related to marketing without our express written consent.
You must not use our website to copy, publish or send mass mailings or spam.
You must not use our website to copy, publish or send material which is illegal or unlawful, or material which could give rise to legal action under English and other applicable law. All material you copy, publish or send via our website must not be defamatory, obscene, indecent, hateful, discriminatory or inflammatory; such material must not infringe any person’s intellectual property rights or rights of confidence, impinge upon any person’s privacy, or constitute incitement to commit a crime; further, material must not be misleading, deceptive, sexually explicit, threatening, abusive, harassing or menacing.
We reserve the right to edit or remove any material posted upon our website.
We may take such action as we deem appropriate to deal with the posting of unsuitable material, including suspending or cancelling your account, restricting your access to our website, or commencing legal proceedings against you.
KEITH REILLY ART does not take any responsibility for the content or opinions expressed in any external site and may not endorse or approve of all or any material on the site.
Intellectual property rights
Unless otherwise stated, we own the intellectual property rights in the website and we, our artists, and/or our suppliers own the intellectual property rights on any material we publish or sell on the website. All these intellectual property rights are reserved. Those works are protected by intellectual property laws including copyright laws and treaties around the world. All such rights are reserved.
You may view, download for caching purposes only, and print off one copy from the website for your own personal use and you may draw the attention of others within your organisation to material posted on our site subject to the restrictions below:
You or others must not:
1. republish material from this website (including republication on another website);
2. sell, rent or otherwise sub-license material on the website;
3. reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
4. edit or otherwise modify any material on the website; or
5. redistribute material from this website except for content specifically and expressly made available for redistribution. Where content is specifically made available for redistribution, it may only be redistributed within your business or to your clients for presentation only.
6. use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
You must not use any part of the materials on our site for any purpose without obtaining a licence to do so from us or our licensors.
These permissions may be revoked at any time.
Reliance on information posted
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
The images of the Artworks on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Artworks. Your Artworks may vary slightly from those images.
Dimensions shown are approximate only.
Our site changes regularly
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
We will do our utmost to ensure that availability of the KEITH REILLY ART services will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, your access to KEITH REILLY ART may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.
KEITH REILLY ART will not be responsible for (i) losses that were not caused by any breach on our part, or (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iii) any indirect or consequential losses that were not foreseeable to both you and us when you commenced using the KEITH REILLY ART services.
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your legal right to have goods sent or services provided within a reasonable time or to receive a refund if goods or services ordered cannot be supplied within a reasonable time owing to a cause beyond our reasonable control.
Nothing in these conditions limits or excludes our responsibility for fraudulent representations made by us or for death or personal injury caused by our negligence or wilful misconduct.
Information about you and your visits to our site
Transactions concluded through our site
Contracts for the supply of GOODS formed through our site or as a result of visits made by you are governed by our terms and conditions of sale.
Uploading material to our site
Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with our content standards. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.
Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.
We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with our content standards.
Viruses, hacking and other offences
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
Linking to our site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects our content standards.
If you wish to make any use of material on our site other than that set out above, please address your request to firstname.lastname@example.org.
Links from our site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Jurisdiction and applicable law
In the event of any dispute, claim, question, or disagreement arising from or relating to this agreement or the breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognising their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties.
If the parties do not reach such solution within a period of 60 days, then, upon notice by either party to the other, all disputes, claims, questions, or differences arising out of or in connection with this agreement shall be referred to mandatory conciliation/mediation in accordance with an independent recognised meditation/arbitration body in the UK.
This agreement shall be interpreted and construed in accordance with English law.
These terms and conditions constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.
If you have any concerns about material which appears on our site, please contact email@example.com.
Our Terms and Conditions of Sale
This web site is operated by KEITH REILLY ART ("we", "us" or "our"). All purchases made on this web site are governed by these Terms and Conditions at any time although the Terms and Conditions governing any given purchase will be those in effect at the date of your order. If you order goods after we have published the changes you will be bound by those changes. Accordingly, you should check prior to each order to ensure that you understand the precise terms and conditions applicable to your purchase. To assist you in determining whether the Terms and Conditions have changed since your most recent order we will display the date when these Terms and Conditions were most recently updated.
We will confirm acceptance of your order. This will occur either by message on the website immediately after you have confirmed your order, or by us sending an e-mail to the email address you have provided to us. We may do both, in which case the acceptance will occur on whichever arrives sooner of the web message and the email. At this point the purchase contract will be made and we will supply the goods to you in accordance with your order and these Terms and Conditions.
All prices are in UK Pounds (£) Sterling and are exclusive of VAT where applicable, at the current rate. The price of the goods will be as quoted on the web site at the time you confirm your order (usually by clicking the "checkout" button) subject only to any inadvertent technical error for which we will not be liable. If you subsequently amend your order, the prices charged will be those applicable to the amended item(s) at the time that the amended order is confirmed. Please note that as promotions are offered for a limited period of time subsequent amendments to your order may mean that certain promotions are no longer being offered.
Orders are accepted on the basis that there are no material errors in the description of the goods or their advertised price.
The price of the goods does not include a charge for delivery, unless otherwise stated for your geographical zone.
Discounts (none currently running)
Due to the bespoke and limited number editions, all products are subject to availability. In the event of unavailability for whatever reason, we will advise you of our position when we receive your order and we will await your subsequent instructions.
Orders for prints and canvas works will normally be dispatched within 72 hours. Orders for goods requiring a framing service may take 2-3 Weeks before despatch. Normal postal/courier lead times are: UK destinations 3-5 working days, Europe 5-10 working days, all other areas worldwide 7-14 working days, but please allow up to fourteen days for delivery. We will always do our best to inform you about any delay.
i. Prints and Frames
Due to the bespoke nature of our limited edition printed products and framing, all of which are made-to-order, we cannot accept returns unless the goods have been received by you damaged in transit, or faulty as a result of a manufacturing defect (subject to the goods being inspected upon return and approved)
ii. Canvas works and Frames
We can only accept returns for canvas works providing a reasonable explanation is given, have not been damaged in any way, and only if the goods have not been framed. The framing service is bespoke-to-order. If the goods have been received by you damaged in transit, or faulty as a result of a manufacturing defect (subject to the goods being inspected upon return and approved), please notify us within 7 days of receipt of goods. A refund may be issued provided a full inspection is satisfied.
Customers are responsible for the return shipping cost and insurance. This may be refunded should the goods be found faulty or defective, or have been damaged in transit, but not for items returned as unwanted.
Notice of damage or defect of goods must be brought to our attention via email or letter within 7 days of receipt of goods, and returned to us within 14 days from receipt of goods. Please note that we are unable to accept your return if we have not been notified first.
Warranty and Liability
Nothing in these Terms and Conditions will restrict our liability for death or personal injury resulting from our negligence; neither will any of these terms restrict any of your statutory rights.
In addition that outlined above we will not be deemed to be in breach of contract or of these Terms and Conditions as a result of any delay in our performance or failure to perform our obligations if that delay or failure to perform is due to any cause or circumstance beyond our reasonable control including, but not limited to, fire, flood and other acts of God, strikes, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war.
Other than as set out above, our maximum liability arising out of any order for the supply of goods to you under this contract will be limited to the retail price of the goods contained in that order.
Here is a list of cookies that we use. We’ve listed them here so you that you can choose if you want to opt-out of cookies or not.
_session_id, unique token, sessional, Allows Shopify to store information about your session (referrer, landing page, etc).
_shopify_visit, no data held, Persistent for 30 minutes from the last visit, Used by our website provider’s internal stats tracker to record the number of visits
_shopify_uniq, no data held, expires midnight (relative to the visitor) of the next day, Counts the number of visits to a store by a single customer.
cart, unique token, persistent for 2 weeks, Stores information about the contents of your cart.
_secure_session_id, unique token, sessional
storefront_digest, unique token, indefinite If the shop has a password, this is used to determine if the current visitor has access.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.
If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.
PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
For more insight, you may also want to read Shopify’s Terms of Service (https://www.shopify.com/legal/terms) or Privacy Statement (https://www.shopify.com/legal/privacy).
Third Party Services
In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.
However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.
For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.
If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.