1. Terms

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

2. Use License

1. Permission is granted to temporarily download one copy of the materials (information or software) on Seamus Berkeley Fine Art’s web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
   1. modify or copy the materials;
   2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
   3. attempt to decompile or reverse engineer any software contained on Seamus Berkeley Fine Art’s web site;
   4. remove any copyright or other proprietary notations from the materials; or
   5. transfer the materials to another person or “mirror” the materials on any other server.
2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Seamus Berkeley Fine Art at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

1. The materials on Seamus Berkeley Fine Art’s web site are provided “as is”. Seamus Berkeley Fine Art makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Seamus Berkeley Fine Art does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall Seamus Berkeley Fine Art or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Seamus Berkeley Fine Art’s Internet site, even if Seamus Berkeley Fine Art or a Seamus Berkeley Fine Art authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Revisions and Errata

The materials appearing on Seamus Berkeley Fine Art’s web site could include technical, typographical, or photographic errors. Seamus Berkeley Fine Art does not warrant that any of the materials on its web site are accurate, complete, or current. Seamus Berkeley Fine Art may make changes to the materials contained on its web site at any time without notice. Seamus Berkeley Fine Art does not, however, make any commitment to update the materials.

6. Links

Seamus Berkeley Fine Art has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Seamus Berkeley Fine Art of the site. Use of any such linked web site is at the user’s own risk.

7. Site Terms of Use Modifications

Seamus Berkeley Fine Art may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

8. Governing Law

Any claim relating to Seamus Berkeley Fine Art’s web site shall be governed by the laws of the State of New Mexico without regard to its conflict of law provisions.

General Terms and Conditions applicable to Use of a Web Site.

We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.

1. SHIPPING OPTIONS & DELIVERY COSTS

We generally ship by United State Postal Service. Any shipping costs will be calculated during checkout.

2. ORDER PROCESSING TIME

All orders placed before 1 PM Mountain Time Monday to Friday are processed and dispatched within three business days unless specified otherwise. All orders placed during the weekend or on a public holiday will be processed and shipped on Monday or on the next business day.

3. DELIVERY ADDRESS & P.O. BOXES

Please note that we are unable to modify the delivery address once you have placed your order. We are sorry but we do not ship to P.O. boxes.

4. INTERNATIONAL ORDERS

Generally, we do not ship internationally because your package may be subject to additional import duties and taxes. It you live outside the United States, you may request that an item to be shipped to you. In that event, you as the customer, are responsible for paying any additional fees. We recommend that you check with your local customs office before placing an order on our website as these fees can sometimes be significant and we are unable to calculate these for you. Additionally, in case of a return, you will be responsible for any additional fees, including any customs or brokerage fees.

5. TRACKING YOUR ORDER

Once your order has been dispatched, we will send you a confirmation email with tracking information. You will be able to track your package directly on the carrier’s website.

6. RETURNS, REFUNDS, AND EXCHANGES

We want you to be completely happy with your purchase — please read our return and refund policy for detailed information about our processes.

1. ORIGINAL ARTWORK

If a painting does not meet your expectations, you may return it within seven days of receiving your order. Painting must be shipped within three days of your request to return the work, in the original packaging and arrive in the same condition as shipped to you. The only cost to you for a returned painting smaller than 12” in any direction is the cost of shipping. For paintings 12” or larger in any direction, your cost is shipping plus a 15% restocking fee. For work shipped internationally, you will be responsible for any additional fees, including any customs or brokerage fees.

2. PRINTS

If a print does not meet your expectations, you may return it within seven days of receiving your order. Print must be shipped within three days of your request to return the work, in the original packaging and arrive in the same condition as shipped to you. The only cost to you for a returned print smaller than 12” in any direction is the cost of shipping. For prints 12” or larger in any direction, your cost is shipping plus a 15% restocking fee. For work shipped internationally, you will be responsible for any additional fees, including any customs or brokerage fees.

1. WHO WE ARE

Our website address is: https://seamusberkeley.com

2. WHAT PERSONAL DATA WE COLLECT AND WHY WE COLLECT IT

1. Comments
   1. When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.
   2. An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.

3. Media

If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.

4. Contact Forms

1. Cookies
   1. If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.
   2. If you have an account and you log in to this site, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.
   3. When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.
   4. If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.

5. EMBEDDED CONTENT FROM OTHER WEBSITES

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

6. ANALYTICS

Visiting this site may lead to analytics data being collected by Google, Facebook, Instagram, Gravatar, TikTok, and All-in-One SEO.

7. Who We Share Your Data With

Visiting this site may lead to your information being shared with Google, Facebook, Instagram, Gravatar, TikTok, and All-in-One SEO

8. HOW LONG WE RETAIN YOUR DATA

1. If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.
2. If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.
   For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.

9. WHAT RIGHTS YOU HAVE OVER YOUR DATA

f you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.

10. WHERE WE SEND YOUR DATA

Visitor comments may be checked through an automated spam detection service.