Terms & Conditions

By using this website the buyer agrees to be legally bound by the seller’s Terms and Conditions and by all other applicable provisions. The purchase of merchandise through the Róisín O’ Shea Fine Arts website is strictly limited to parties who can lawfully enter into and form contracts on the Site in accordance with the laws of the Republic of Ireland. All users must be at least 18 years of age. In accessing the website you agree that you will access the content solely for your personal, non commercial use. All illustrations, designs, icons, graphics, photographs, pictures and any other items included in this website are the exclusive property of Róisín O’ Shea.

1.     DEFINITIONS

In these Terms and Conditions:

(i)    "Seller", "us" and "we" are references to The Ugly Duckling Company Limited trading as Róisín O’ Shea Fine Arts, owner of this website which is an Irish Registered Company, Registration No. 148239

(ii)   "Buyer", "you" and "your" are references to the purchaser of the goods from us;

(iii)  "Goods" means the goods specified in the Seller's invoice;

(iv)  "Contract" means the contract between Seller and Buyer for the sale and purchase of the Goods which incorporates these Terms & Conditions;

(v)   "Terms" means these terms and conditions;

(vi)  "Site" means the Róisín O’ Shea Fine Arts website.

2.     PURCHASING GOODS ONLINE

(i)    In order to make purchases through the Site, the buyer must provide their real name, phone number, e-mail address and other requested information as indicated.

(ii)   When ordering items, the buyer will be required to provide payment details to Paypal and you represent and warrant that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the billing information provided.

(iii)  When an order is made online, the order confirmation issued by Paypal clearing the credit/debit card payment does not constitute acceptance of your order by us. We reserve the right to check any discrepancies and an order will only be processed when it is verified by us.

(iv)  All orders are subject to acceptance and availability.

(v)   Any error in the ordering process due to technical or other reasons beyond the seller’s control entitles us not to treat the order as being binding on us.

(vi)  Purchases made on the Site are for the personal or gift use of the buyer only and are not to be used for re-sale.

(vii) There is no limit on the value of goods that can be purchased by any individual or on any individual credit card in any one transaction.

(viii)                The Site displays products which form its collection. They are normally products that are in stock and available for dispatch, however on occasion certain products that are in particularly high demand may sell out quickly. Should this be the case, you will be contacted immediately and if any payment has been processed, this payment will be refunded immediately.

(ix)  The phone number provided will be used and displayed on any package for courier service.

3.     YOUR ORDER

(i)    Once a choice has been made and the order has been placed, the buyer will receive an email acknowledging the details of the order. This email is NOT an acceptance of the order. Unless the buyer cancels the order in accordance with the seller’s Cancellation Policy, acceptance of the order and completion of the contract between buyer and seller will be perfected when we dispatch the goods to you.

(ii)   The contract of sale is therefore concluded in Ireland and the language of the contract is English. The contract will be subject to these terms and conditions and governed by Irish law and the buyer agrees to submit to the non-exclusive jurisdiction of the Irish courts in respect of any dispute that may arise under it.

(iii)  The seller reserves the right not to accept the buyer’s order in the event, for example, that we are unable to obtain authorisation for payment or that the item ordered is out of stock.

4.     PRICE

(i)    Prices shown on the Site are in Euros. All prices and offers remain valid and as advertised from time to time. The price of a product displayed on the Site at the time the order is accepted will be honoured.

(ii)   If the buyer is from outside the EU, you may also incur duties levied by the jurisdiction to which you have specified delivery.

(iii)  The cost of postage and packaging will be detailed before you enter your payment details. Deliveries in Ireland will be by An Post registered post, or Nightline Couriers if the item is framed. Deliveries world-wide will be by An Post International Courier.

5.     PAYMENT

(i)    Payment for Goods and for the cost of packaging and delivery where applicable must be made before the Goods are dispatched.

(ii)   Payment must be made through Paypal. Delivery will not occur until we are satisfied that the payment has cleared.

(iii)  If the issuer of the buyer’s payment card refuses to authorise payment to the seller, we will not be liable for any delay or non-delivery.

(iv)  The seller does not hold any credit card details on our Site or in our customer database.

6.     DELIVERY

(i)   Delivery Information For Island Of Ireland Orders

All Internet orders received will be posted with An post registered post, or Nightline Courier where the item is framed (Ireland only). Delays may be experienced during certain times of the year and if this is the case we will contact you as soon as possible via email. Please allow ten working days for dispatch and delivery. Delivery times are usually between 08:30 and 17:30 Monday- Friday. Courier deliveries will need a signature on receipt and if there is no- one present to receive the delivery a card will be left. For your convenience, we are happy to post to your work address.

(ii)  EU Customers:

We deliver to all countries in the EU. Orders will be shipped with An Post. Please allow fourteen working days for dispatch and delivery.

(iii)Outside the EU

We deliver to all countries outside the EU. Orders will be shipped with An Post. Please allow fourteen working days for dispatch and delivery.

(iv) Force Majure- the company shall not be held liable for failure to deliver, should an intervening event, outside the control of the company, cause frustration of the contract. 

 Questions;

   Do I need to sign for my purchase?

Yes, a signature is required for courier deliveries and please note that we only deliver Monday to Friday during working hours.

Can somebody else sign for my purchase?

Yes, anyone at the specified delivery address can sign for the goods, however the seller    does not take responsibility for loss or damage to goods once they have been signed for.

How long does it normally take to receive my purchase?

All deliveries sent generally arrive within 3 to 5 business days. Overseas deliveries will take a little longer and may be subject to customs delays.

Should you wish to have your order delivered to an alternative address please state this in the shipping address section. Items which are sent to an address other than that of the card billing address may be subject to confirmation with the card holder.

Occasionally some items may not be in stock immediately and this can cause short delays - if this happens our Web Sales Team will make contact to let you know of any problems. We will do our utmost to dispatch all orders within seven days of receipt, subject to stock availability and confirmation of payment received through Paypal.

The seller will not be liable for any loss, damages or penalty resulting from delay in delivery of the goods when such delay is due to causes beyond the reasonable control of the seller, including without limitation, supplier delay, force majeure, act of God, labour unrest, fire or Seasonal delays. In any such event, the delivery date will be deemed extended for a period equal to the delay.

7.     CANCELLATION, RETURN & EXCHANGE

(i)    The seller’s aim is to ensure that the buyer is fully satisfied with the goods. If, for any reason, the buyer is not satisfied with the goods purchased, the buyer has a right to cancel the contract within 7 working days from the date that you receive the goods. If you wish to return an item for whatever reason you may contact us by email at info@roisinoshea.ie in seven working days stating the reason for return. In the event of cancellation, we require that you return the goods to us at your own cost.

(ii)   Our address for all returns is; Roisin O’ Shea Fine Arts, 1 St. Mary Street, Dungarvan, Co. Waterford, Ireland

(iii)  The buyer must take reasonable care of all goods in their possession and return them to us, with their original packaging and tags, within 7 days from the cancellation date.

(iv)  In order to qualify for return, the goods must fulfil the following requirements:

§  Goods may not have been used or damaged.

§  Goods must be returned in their original packaging.

(v)   The seller will make refunds of the purchase price, but excluding refund of postage and packaging costs to the buyer, in accordance with these terms within 30 days of the date of the notice of cancellation. All accurately returned products will be credited to the original buyer excluding shipping charges. Refunds of international customs duties and sales taxes (if applicable) are excluded on shipments outside the European Community (EU).

(vi)  In the event of any failure to return any goods to the seller within the stipulated time limits, even though validly cancelled, we shall have the right to charge any costs of recovery of the goods.

(vii) If items are returned you should ask for proof of postage from your post office as we reserve the right to refuse a refund if an item is lost whilst being returned

(viii) The images reproduced on this site are as close to the actual colours as possible, the colours may vary from the image posted to the product/painting received. It shall not be valid grounds for returning the item purchased. 

8.     COLLECTOR’S CORNER FORUM

The Forum in the Collector’s Corner Forum is password protected and only available to users, of at least 18 years of age, that have been given special access privileges. Special offers shall be made from time to time that will be available to members only. In order to access or use information offered by the Collector’s Corner Forum, the administrator of the Forum may require users to provide, among other things, formal identification by way of a scanned image of a driver’s license or passport. The Forum administrator shall pre-screen and approve all communications before they are posted into a Forum thread. Communications may be edited or deleted at the discretion of the Administrator, or names/usernames may be refused or changed if deemed offensive. All users agree to abide by the following Forum terms and conditions;

(i)            Agree not to post any material that infringes the copyright of others; and accepts that any material submitted or made available by you will not be treated as confidential or proprietary.

(ii)           Agree not to post any material that is unlawful, harmful, threatening, abusive, constitutes harassment, tortious, defamatory, fraudulent, indecent, vulgar, obscene, libellous, that may be invasive of another’s privacy, or in any way connected to child pornography.

(iii)          Agree that any individual user’s profile, can be viewed by all other Collector’s Corner Members.   

(iv)          Agree not to impersonate any person or entity or to forge headers or otherwise manipulate identifiers in order to disguise the origin of any material submitted.

(v)           Agree not to seek to post material for any business or commercial purpose.

(vi)          Agree not to harvest or collect information about the members.

(vii)         Agree that the administrator may contact you from time to time, with special offers and other communications related to the art of Róisín O’ Shea.

(viii)        Agrees that the artist may amend the terms and conditions of use of the Collector’s Corner Forum as may be required from time to time.

All content posted by members, including any opinions, advice or recommendations expressed, are those of the Members providing such content and not those of the artist Róisín O’ Shea or her company.   

9.     COMPLAINTS PROCEDURE

If you wish to make a complaint, you may do so by writing to us at: