Provision of Website Service

Please read this agreement (the “Agreement”) carefully as it governs your use of this site – (the “Website”). By continuing to use this Website you are agreeing to the terms set out below and are confirming that you are above 18 years of age.

Persons under 18 years of age, are not permitted to purchase, receive or subscribe to any goods or services from this Website.

Limited Rights to Use Content

All material (including any intellectual property) displayed on this Website (the “Content”) belongs to Emily McCormack and no permission is given to store any Content on any server or other storage device connected to an external network or make any other use of the Content.

General

We, reserve the right at all times, to make changes to the Website, including but not limited these terms and conditions, the Privacy Policy and Disclaimer. While we endeavour to maintain a smooth user experience, we do not guarantee constant, secure, or uninterrupted access to the Website. We are not responsible or legally liable for any financial loss, missed purchases, or disputes resulting from temporary unavailability, server downtime, technical glitches, or processing errors.

Prices and goods are subject to change without notification.

You will be subject to the policies, disclaimers and terms and conditions in place at the time of your visit to the Website.

There is no specific time limit applying to your access and use of the Website. However, we reserve the right to suspend and/or terminate your access and use at any time and may exercise this right with or without notice.

You may not assign, sub-licence or otherwise transfer this Agreement or your rights of access to the Website.

Failure by either party to exercise any right or remedy under this Agreement does not constitute a waiver of that right or remedy. All contracts that result from the use of this Website are concluded in English.

We do not warrant that this Website is free from technical inaccuracies or other similar errors.

IMPORTANT

Please read the following information carefully as it sets out the terms and conditions which governs the sale of goods on this Website. By purchasing goods on this Website, you will be deemed to have accepted all terms and conditions, the privacy policy and disclaimer.

Terms and Conditions of Sale

Outside of these terms and conditions of sale, we have no responsibility to you in relation to your purchase.

1. Goods

Subject, as hereinafter provided, we warrant that all goods promoted for sale on this Website are of satisfactory quality. Specifications on this Website of the goods to be sold are not intended to be binding and are intended only to give a general description of the goods.

In all other respects, and to the maximum extent permissible, we make no other warranties or promises about the goods or the colour correctness of the goods displayed on your electronic devices, and any implied warranties are excluded.

The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions and any reliance on the material on this Website is at your own risk.

Natural variations in original artwork, including texture, brushwork, surface finish, and framing materials, are not defects and do not constitute grounds for return.

We give no warranty and make no representation, expressed or implied, as to the appropriateness or adequacy of the goods for your intention; the veracity of any content published on the Website by someone other than us; any condition or warranty as to the saleability or appropriateness of the goods for a purpose other than what such item is commonly used for; the Website’s compatibility with hardware, software or telecommunications connection. Nor are we responsible for any loss or damage arising from loss of use, loss of data or loss of revenues and profits, be it in an act of contract, negligence or otherwise, resulting from or in relation to your use of this Website including the purchase of any goods. In the event that any term or condition or obligation on our part is implied into these conditions legally, then our liability is to the value of the goods you have purchased.

In all other respects, and to the maximum extent permissible, we make no other warranties or promises about the goods, and any implied warranties are excluded.

The warranty contained above is also subject to the following conditions:

  • If you wish to return goods under our voluntary returns policy, they must be stored in reasonable, appropriate conditions. This does not affect your statutory rights.
  • If your order arrives damaged or with missing items, please notify us within 7 days so we can resolve the issue promptly. This does not affect your statutory right to withdraw from the contract within 14 days.

2. Availability

All goods are offered for sale subject to availability. We regret that occasionally it may be impossible to complete an order if stock runs out or is withdrawn for any reason. If there is a problem, we will let you know as soon as we can and will refund in full any money that you have already paid to us in respect of the goods in question. The price of the goods shall be the price listed on the Website on the date of your order, inclusive of any VAT which may be payable by you. All prices displayed on the Website are quoted in Euro and must be paid in full, including delivery charges (which are separately stated at the time of your order). You, and not Emily McCormack, are solely responsible for the payment of any applicable customs duties, import clearance fees, or local taxes in your destination country. Failure to pay these required customs duties or taxes may result in the package being abandoned, returned, or destroyed by customs authorities. We are not responsible, financially or otherwise, for any loss or non-delivery arising from such actions.

3. Ordering

By clicking on the ADD TO BASKET button whenever you see goods you would like to buy and adding same to your basket does not commit you to buy as you can always remove it later. You can review the contents of your basket at any time by clicking the VIEW BASKET button. Once you have found all the goods you need, go to the checkout and pay for your purchases by following the simple instructions given there. Please ensure that you include the following information with your order, as we cannot process your order without this information:

  • Name
  • E-mail address
  • Contact telephone number
  • Card type (Used by PayPal)
  • Full name as displayed on the card, the credit card (Used by PayPal)
  • Number, expiry date of the card and security code (Used by PayPal)
  • Billing address
  • Delivery address (This need not be the same as the billing address)
  • Goods you require

By clicking the Proceed to PayPal button on the Checkout Screen, you agree to these terms and conditions. Please carefully check your personal details and details of the goods to be provided before completing the checkout process. By completing and submitting the electronic order form you are making an offer to purchase goods which, if accepted by us, will result in a binding contract.

You are responsible for ensuring the accuracy of your order and we shall supply you, subject to availability, with the quantity of goods set out in your order. While your card may be debited before the contract is formed, if the order is ultimately rejected, a full refund will be made immediately.

Should you notice that any details are incorrect, after you have placed your order, you should contact us without delay to amend any inaccurate details. We cannot guarantee that we will be able to make any such amendments and does not accept any responsibility in this regard.

4. Acceptance of orders

All orders are subject to acceptance by us.

Once we have received your order, we will confirm all the details by e-mail and advise you whether the item(s) you require are in stock. A legally binding contract for sale is formed only when we formally dispatch the goods to you and send a shipping confirmation. Automated order acknowledgment or payment confirmation emails do not constitute legal acceptance of your order. We reserve the right to decline or cancel any order, or any part of an order, at our sole discretion at any time prior to dispatch (including instances of pricing errors, stock discrepancies, or inventory glitches), in which case a full refund will be issued immediately.

5. Delivery

We aim to deliver your order within 21 days. However, delays may occur if the item(s) you have ordered is/are out of stock. You will be advised of stock availability when we process your order.

During extremely busy periods our delivery periods may also be extended. Where this occurs, we will make every effort to communicate this with you.

The delivery charges that apply to your purchases are specified in Euro.

In the event that, some of the goods you have ordered in a single transaction are out-of-stock we may send your order to you by two or more deliveries.

If your goods do not arrive within the time specified above please contact us at [email protected] quoting the receipt number, which you will receive following completion of the checkout process.

Please retain the invoice and shipping notice, which will be sent separately, as it will be required should you decide to return any of the goods under the returns and refunds policy, set out below.

Customers are entirely responsible for providing accurate, complete, and up-to-date delivery information at the time of checkout. We are not responsible or liable for failed deliveries, transit delays, or total loss resulting from incorrect or incomplete shipping details provided by the customer. Furthermore, while we make every effort to ensure timely dispatch, we are not liable or financially responsible for delivery delays caused by third‑party couriers, postal services, or international customs processing. Any additional shipping charges incurred to re-route or re-send a package due to customer error must be paid by the customer before the item is shipped again.

6. Prices

Prices are set out in Euro. We reserve the right to change our prices at any time. Irrespective of any change of prices, you will be charged the price which was specified for the good when you ordered.

7. Payment

You can pay by credit card. We accept PayPal, Visa, Mastercard and American Express. All credit card purchases are subject to validation and credit checks.

We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website. You are solely responsible for maintaining the strict confidentiality of your account credentials (including your password) and for any and all activities carried out under your account. We are not liable for any unauthorised access, fraudulent purchases, or loss resulting from your failure to keep your login details secure. Should you be of the belief that someone has made an unauthorised use of your account, you should take action immediately by informing us and changing your account password.

By completing and submitting the electronic order form on the Website you are making an offer to purchase goods which, if accepted by us, will result in a binding contract.

By making that offer to purchase goods, you are also authorising Emily McCormack to deduct the amount from the card or payment method provided. We will confirm acceptance of your order by email, stating when the goods ordered will be dispatched. This confirmation will be sent to the email address you provide on your order details. Whether or not you receive an email, our acceptance of your order will create a legally binding contract between us. We reserve the right not to supply you at our discretion. Where we are unable to fulfil part or all of your order we will contact you and arrange to refund that amount to you.

8. Returns and Refunds

8.1 Original Paintings Purchased Online

Customers residing within the European Union, Ireland, or the United Kingdom have a statutory 14‑day right to cancel or withdraw from online purchases of physical goods. The cancellation period begins on the day the artwork is delivered.

To exercise this right:

EU & Irish Customers: You may use our automated digital withdrawal form by clicking the “Withdraw from contract here” link located permanently in our website footer, or notify us in writing at [email protected] within 14 days of delivery.

UK Customers: Please notify us in writing at [email protected] within 14 days of delivery.

The artwork must then be returned within 14 days of your initial cancellation notification.

Customers are responsible for ensuring that returned artwork is packaged securely and appropriately to prevent damage in transit. Damage caused by inadequate packaging may result in a deduction for loss of value or, in cases of significant damage, refusal of the refund.

Customers are responsible for the cost and safe return of the artwork. All returns must be sent using a tracked and insured courier service.

If a return is sent without adequate tracking or insurance and is lost or damaged in transit, we may make a deduction for loss of value or, in cases of significant damage, refuse the refund.

We cannot process refunds for returned items that are lost in transit without proof of delivery showing that the artwork has been successfully returned to us.

8.2 Condition of Returned Artwork

Customers are responsible for the artwork until it is safely returned to us. If a painting is returned:

  • damaged,
  • altered,
  • marked,
  • scratched,
  • dented,
  • exposed to odours or contaminants,

or showing signs of handling beyond what is necessary to establish its nature, characteristics, and functioning,

…we may make a deduction for loss of value, or in cases of significant damage, refuse the refund entirely.

Refunds are issued only after the artwork has been received and inspected. Your statutory rights are not affected.

8.3 Digital Products (Downloads, Guides, PDFs)

Digital products are delivered immediately after purchase.

At checkout, you will be asked to confirm that:

  • you wish to access the digital content immediately, and
  • you understand that doing so waives your 14‑day right to withdraw.

Once accessed or downloaded, digital products are non‑refundable.

8.4 Workshops (Fixed‑Date Events)

Workshops fall under the statutory exemption for leisure activities scheduled for a specific date.

All workshop bookings are therefore:

  • non‑refundable,
  • non‑transferable, and
  • not eligible for rescheduling or switching between dates.

Please ensure you can attend before completing your booking.

8.5 In‑Person Studio Purchases

Items purchased directly from the studio are considered on‑premises sales and are final. No returns, refunds, or exchanges are offered unless the item is faulty. This does not affect your statutory rights.

8.6 Merrion Square Purchases

Items purchased at our Merrion Square stall are considered on‑premises sales and are final. No returns, refunds, or exchanges are offered unless the item is faulty. This does not affect your statutory rights.

8.7 Faulty or Damaged Goods

If any item arrives damaged or defective, please contact us within 7 days of delivery with photographs of the issue.

Where a valid claim is made, we may offer:

  • a replacement,
  • a repair, or
  • a refund,

at our discretion.

If damage results from unnecessary handling by the customer, we may apply a deduction for loss of value.

Colour Variation

Colours may vary slightly between screens and devices due to differences in display calibration. Such variations do not constitute a fault.

Original Artwork Characteristics

All original artworks contain natural variations in texture, brushwork, surface finish, and canvas or panel structure. These characteristics are inherent to hand‑made work and are not considered faults.

Frame Characteristics

Wood is a natural material and may contain knots, grain variation, colour shifts, and minor surface irregularities. These features are normal and do not constitute defects. Small variations between frames, or between product photographs and the frame supplied, are to be expected and are not grounds for return or refund.

8.8 Gift Voucher Terms & Conditions

Gift vouchers issued by Emily McCormack are valid for 5 years from the date of purchase, in accordance with the Gift Vouchers Act 2019.

Gift vouchers may be used to purchase:

  • Original paintings (online or in‑person)
  • Workshops (subject to workshop booking policies)

Gift vouchers cannot be used to purchase digital products or downloads.

Gift vouchers purchased online may be cancelled under the standard 14‑day right of withdrawal. However, this statutory right to withdraw and request a refund terminates immediately the absolute moment any portion of the voucher code is redeemed on our website. The 14‑day withdrawal period begins on the day the voucher is delivered to you (usually immediately by email). Outside of this 14-day cooling-off window for unredeemed vouchers, gift vouchers are strictly non‑refundable, non‑transferable, and cannot be exchanged for cash. No change is given. If the full value is not used in a single transaction, the remaining balance will remain on the voucher until the expiry date. No fees apply for using or checking the balance of a voucher.

If the remaining balance is less than €1, you may use the balance without needing to top up.

Lost or Stolen Vouchers

Please treat your voucher like cash. Lost, stolen, deleted, or damaged vouchers cannot be replaced, reissued, or refunded under any circumstances.

Expiry

Vouchers are valid for 5 years from the date of purchase. Expired vouchers cannot be extended or honoured.

Workshop Bookings Using Vouchers

When a voucher is used to book a workshop, the booking is subject to the workshop policy:

  • Non‑refundable
  • Non‑transferable
  • No switching between dates
  • No rescheduling

Once a workshop place is booked using a voucher, the voucher is considered redeemed.

Use of a gift voucher constitutes acceptance of these Terms & Conditions.

8.9 Commissioned Artwork

Commissioned pieces are created to the client’s individual specifications and are therefore custom‑made goods. As such, they are exempt from the 14‑day withdrawal right under EU consumer law.

A non‑refundable deposit is required to secure all commissions. Once work has begun, the commission cannot be cancelled, refunded, or altered.

If a client requests changes outside the agreed brief, additional charges may apply. The final artwork is non‑returnable and non‑refundable unless it is faulty.

9. Events outside our control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of the obligations under a contract that is caused by events outside our reasonable control (Force Majeure Event).

A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

  • strikes, lock-outs or other industrial action.
  • civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
  • fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster.
  • impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
  • impossibility of the use of public or private telecommunications networks.
  • the acts, decrees, legislation, regulations or restrictions of any government.

Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use reasonable endeavours to try and bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.

10. Comments

If you have any complaints or comments about our online shop or any goods supplied to you please contact us at [email protected].

11. Exclusion of Warranty

Subject to the paragraph below, Emily McCormack makes no warranty or representation as to the quality of any goods sold or their fitness for a particular purpose or their conformity with any description or sample and shall not be responsible for damage or loss of any kind whatsoever (including loss of profits and consequential damages) caused directly or indirectly by the goods supplied.

12. Privacy Policy

For details of our Privacy Policy, click here

Additionally, we may use your personal information to send you:

  • statements, invoices and collect payments from you;
  • general (non-marketing) commercial communications;
  • email notifications which you have specifically requested;
  • our blog, newsletter and possibly other updates relating to our business, which we think may be of interest to you and which you have consented to receive, by email or similar technology.

We may also use your personal information to improve your browsing experience by personalising the Website to enable you to use the services available on the Website.

By using this Website:-

  • you accept that you will not let any person attempt to violate site security, nor use software that can extract data from the Website and you understand that any such action may result in criminal prosecution.
  • you agree to not use or let another person use the Website to:-
  • publish;
    • commercial audio, music or video files;
    • material that breaks the law of any established jurisdiction; and/or
    • unlicensed software.
  • cause any offence whatsoever or harm to any person or organisation using this Website and shall conduct yourself in a kind and respectful manner.

13. Disclaimer

For details of our Disclaimer, click here

14. Governing Law

These terms and conditions are governed by the laws of the Republic of Ireland and its courts shall have exclusive jurisdiction regarding this Agreement.

If any of these terms are held to be void or invalid by this jurisdiction then it shall be deemed as changed only to the extent minimally necessary to bring it within the laws of this jurisdiction and in that form shall be binding. Subject to that, each provision shall be deemed severable and shall not affect any other of these terms.