Terms & Conditions
Buyer Terms and Conditions
These terms apply to all Buyers (“you”, “Buyer”, “Customer”) who purchase artwork from sellers on the Irish Landscape Art (“ILA”) website, operated by ILA, having its registered address at Newtown Lodge, Tramore, Co. Waterford, Ireland.
By purchasing through the ILA platform, you agree to the following terms:
- Nature of the Website
- 1.1 ILA is a marketplace platform that allows independent artists to list and sell their original artwork directly to customers.
- 1.2 The contract of sale exists between you and the individual seller. ILA is not the seller, nor does it take ownership or responsibility for the items offered for sale.
- 1.3 ILA facilitates the website and payment processing through Stripe Connect but does not fulfil or dispatch orders.
- Purchasing from the Website
- 2.1 You must be over 18 years of age or have permission from a parent/guardian to make a purchase.
- 2.2 All items listed for sale are described and priced by the individual sellers. By placing an order, you agree to the price, description, and shipping terms stated at the time of purchase.
- 2.3 Once payment is confirmed via Stripe, the seller is notified and responsible for shipping the item within 7 calendar days (unless otherwise stated in the listing).
- Payments
- 3.1 Payments are securely processed through Stripe. ILA does not store your payment card details.
- 3.2 All prices are shown in Euro (€). Additional shipping charges may apply and are clearly stated prior to checkout.
- 3.3 You will receive a confirmation email once the transaction is complete.
- Delivery
- 4.1 Items are shipped directly by the seller. Delivery times and methods may vary based on the seller’s location and shipping policies.
- 4.2 The seller is responsible for packaging, posting, and delivering your purchase. Tracking may be provided at the seller’s discretion or as specified in the listing.
- 4.3 If your item has not arrived within a reasonable timeframe, you are encouraged to contact the seller directly using the contact details provided at the time of purchase.
- Cooling-Off Period and Returns (EU Customers)
- 5.1 If you are an EU-based consumer, you are entitled to a 14-day cooling-off period under the EU Consumer Rights Directive, during which you may cancel your order for any reason and receive a full refund (excluding any outbound shipping, where applicable).
- 5.2 To exercise this right, you must notify the seller in writing within 14 days of receiving the artwork.
- 5.3 You are responsible for returning the item in its original condition to the seller at your own cost, unless otherwise stated.
- 5.4 Refunds will be processed by the seller within 14 days of receiving the returned item.
- 5.5 Customised or commissioned pieces are exempt from the cooling-off period and are non-refundable unless faulty or damaged.
- Damaged or Faulty Goods
- 6.1 If your item arrives damaged or faulty, you should:
- Notify the seller as soon as possible,
- Provide photographs and a description of the damage,
- Cooperate with any process required for refund or resolution.
- 6.2 The seller is responsible for handling refunds, replacements, or liaising with postal services in the case of damaged goods.
- Communication
- 7.1 ILA will confirm your order by email and may facilitate the initial purchase communication.
- 7.2 After purchase, all further communication (e.g. delivery updates, returns, or refunds) should be conducted directly with the seller.
- 7.3 You agree to communicate respectfully and responsibly with sellers at all times
- Use of Website
- 8.1 You agree not to use the ILA website for:
- Fraudulent or deceptive activity,
- Interfering with the seller’s ability to fulfil orders,
- Making false claims or abuse of the return process.
- 8.2 ILA reserves the right to restrict or terminate your access if there is evidence of misuse or breach of these terms.
- Data Protection
- 9.1 Your personal data will be processed in accordance with ILA’s Privacy Policy, see website footer for the most up-to-date version of our policy.
- 9.2 Your contact and delivery details will be shared with the seller to enable fulfilment of your order.
- Dispute Resolution
- 10.1 In the event of a dispute regarding delivery, refunds, or returns, you should first contact the seller directly to seek resolution.
- 10.2 ILA may assist in facilitating communication but does not act as an arbitrator and is not liable for seller performance.
- Liability
- 11.1 As the operator of the website, ILA is not liable for:
- Non-delivery or delays,
- Defective or misrepresented goods,
- Any losses resulting from your interaction with the seller.
- 11.2 All claims relating to the product must be addressed directly with the seller.
- Governing Law
- This agreement is governed by the laws of Ireland.
- Any disputes shall be resolved under the jurisdiction of Waterford.
- Updates
ILA may update these terms from time to time. Updated terms will be published on the website and will apply to all future purchases.
Seller Terms and Conditions
These terms govern the participation of sellers (“you”, “Seller”, “Artist”) on the Irish Landscape Art website, operated by Irish Landscape Art (“ILA”), having its registered address at Newtown Lodge, Tramore, Co. Waterford. Ireland.
By creating a seller account on the ILA website, you agree to comply with the following terms:
- Nature of the Platform
- 1.1 ILA is a marketplace platform that enables artists to list and sell their original artwork or handmade goods to customers.
- 1.2 ILA acts solely as an intermediary and does not take ownership of or responsibility for the items sold. The contract for the sale of goods is between the seller and the buyer.
- Seller Eligibility and Obligations
- 2.1 You must be over 18 years of age and capable of entering into a legally binding agreement.
- 2.2 You are responsible for ensuring all information in your profile and product listings is accurate, including prices, images, descriptions, and delivery terms.
- 2.3 You agree to ship any item sold within 7 calendar days of receiving payment notification unless otherwise stated in your listing.
- 2.4 You are solely responsible for:
- Postage, packaging, and delivery of items,
- Setting appropriate shipping costs and times,
- Handling returns, replacements, or refunds in accordance with EU consumer rights.
- Compliance with Consumer Protection Law
- 3.1 You agree to comply with all applicable EU and national consumer protection laws, including but not limited to:
- The EU Consumer Rights Directive (2011/83/EU),
- The E-Commerce Directive (2000/31/EC),
- The Unfair Commercial Practices Directive (2005/29/EC).
- 3.2 Specifically, you agree that:
- Buyers located in the EU have a 14-day right of withdrawal (cooling-off period) for most items (excluding customised commissions),
- If a buyer exercises their right of withdrawal, you will provide a full refund (excluding outbound shipping if disclosed) upon receipt of the returned painting,
- Any painting sold must be as shown in the painting image on the ILA website,
- All dimensions of paintings must be as per the dimensions listed on the ILA website at the time of purchase,
- You will provide a return address and respond promptly to customer inquiries.
- Platform Fees and Payments
- 4.1 A free trial of a period of three months is offered to each new artist (seller) on signing up to the site subscription. After the free trial period the subscription fee of €25 will be deducted every 6 months.
- 4.2 A commission of 10% will be deducted from the total sale price (excluding shipping) on each transaction processed through the site.
- 4.3 Payments are processed through Stripe Connect. You must complete onboarding and agree to Stripe’s terms to receive payouts.
- 4.4 ILA may delay or withhold funds if:
- The buyer disputes the transaction,
- There is evidence of non-fulfilment,
- You breach any of these terms.
- Shipping and Delivery
- 5.1 You are responsible for setting your shipping charges and clearly disclosing them.
- 5.2 You must dispatch all sold items within 7 calendar days of the purchase confirmation.
- 5.3 Tracking is recommended for higher-value paintings.
- 5.4 Postage costs are the seller’s responsibility unless otherwise stated in your listing.
- Returns and Refunds
- 6.1 You must comply with applicable return rights under EU law.
- 6.2 For items eligible for return under the 14-day cooling-off period:
- You must accept returns,
- Refunds must be issued within 14 days of receiving the returned item,
- The buyer is responsible for return shipping unless otherwise stated.
- 6.3 In the case of damaged or faulty goods, you as the seller are responsible for:
- Assessing the damage
- Liaising with the buyer regarding any refunds
- Liaising with the shipping company or An Post as required.
- Communication with Buyers
- 7.1 ILA will facilitate the initial communication between you and the buyer at the time of purchase.
- 7.2 After the purchase is completed, all further communication (e.g. delivery updates, return requests) should take place directly between you and the buyer, using contact details provided during the transaction.
- 7.3 You agree to respond to any buyer message within a reasonable time (ideally 48 hours).
- Prohibited Content and Conduct
- 8.1 You may only list items that are your own original work. By listing an item, you confirm that:
- You are the sole creator of the artwork,
- The work does not infringe any third-party intellectual property rights (including copyright, trademark, or design rights),
- You have the right to sell the item and reproduce any associated images or descriptions used on the platform.
- 8.2 You agree not to list or sell:
- Counterfeit, copied, or AI-generated works misrepresented as original,
- Items infringing on another artist’s work, brand, or design,
- Prohibited or restricted goods under local or international law,
- Any items that violate the rights of third parties or regulatory restrictions.
- 8.3 You must not:
- Mislead buyers about the origin, materials, or method of production,
- Circumvent ILA’s payment system or request offline payments,
- Engage in spam, harassment, or inappropriate communications with buyers.
- Intellectual Property
- 9.1 You retain ownership of all intellectual property rights in your work. However, by listing an item, you grant ILA a non-exclusive, worldwide, royalty-free licence to use, reproduce, and display the images, descriptions, and titles of your work for the purpose of marketing, advertising, and operating the website.
- Indemnity and Liability
You agree to indemnify and hold harmless ILA (and its sole proprietor) against any claims, losses, or liabilities arising from:
- Your failure to comply with consumer law,
- Delivery failures or non-performance,
- Product defects or safety issues,
- Intellectual property violations.
- Termination
ILA reserves the right to suspend or terminate your seller account if:
- You breach these terms,
- You receive repeated complaints,
- You fail to comply with legal requirements.
- Governing Law
- This agreement is governed by the laws of Ireland.
- Any disputes shall be resolved under the jurisdiction of Waterford.
- Updates
ILA may update these terms from time to time with notice.
