Last Updated: November 2025

1. Agreement to Terms

By accessing and using the website miriamsmithersartist.com (the “Site”), you agree to be bound by these Terms and Conditions. If you do not agree to abide by any of the terms set forth herein, please do not use this Site.

Miriam Smithers Artist (“we,” “us,” “our,” or “Company”) reserves the right to update, modify, or change these Terms and Conditions at any time without prior notice. Your continued use of the Site following the posting of revised Terms and Conditions means that you accept and agree to the changes.

2. Use License

Subject to your compliance with these Terms and Conditions, we grant you a limited, non-exclusive, non-transferable license to access and use the Site for personal, non-commercial purposes. This license does not include any right to:

– Modify or copy the materials on the Site
– Use the materials for any commercial purpose or for any public display
– Attempt to reverse engineer, decompile, or disassemble any software or code contained on the Site
– Remove any copyright or other proprietary notations from the materials
– Translate, adapt, or create derivative works based on the materials
– Transfer the materials to another person or “mirror” the materials on any other server
– Use any data mining, robots, or similar data gathering and extraction tools on the Site

3. Intellectual Property Rights

3.1 Ownership of Content

All artwork, images, text, graphics, logos, design elements, and other content on the Site (collectively, the “Content”) are the exclusive property of Miriam Smithers Artist or its content suppliers and are protected by international copyright laws, trademark laws, and other intellectual property rights.

3.2 Restrictions on Use

You may not reproduce, distribute, transmit, display, perform, publish, license, create derivative works from, or sell any Content from the Site without express written permission from Miriam Smithers Artist. This includes screenshots, digital copies, or any reproductions of artwork images.

3.3 Artist Attribution

If you are permitted to share or reference any artwork from this Site, you must provide proper attribution to Miriam Smithers Artist and include a link to the original artwork page where applicable.

4. Purchases and Sales

4.1 Product Information

We strive to provide accurate descriptions, images, and pricing for all artwork and products listed on our Site. However, we do not warrant that product descriptions, pricing, or other content on the Site is accurate, complete, or free from errors. We reserve the right to correct any errors, inaccuracies, or omissions.

4.2 Availability

All products are offered on an as-available basis. We reserve the right to limit quantities, discontinue any product, and refuse service to anyone for any reason at any time. Stock availability is not guaranteed.

4.3 Pricing

Prices are subject to change without notice. Prices displayed are in the currency specified on the Site. We reserve the right to adjust prices at any time. Price changes will not affect orders already placed and confirmed.

4.4 Order Acceptance

Placing an order constitutes an offer to purchase. We reserve the right to accept or reject any order in our sole discretion. An order is only confirmed upon receipt of payment confirmation from PayPal or our payment processor.

5. Payment Terms

5.1 Accepted Payment Methods

We accept payments through PayPal and other payment methods as displayed on the Site. By submitting payment information, you represent and warrant that you are authorised to make the purchase.

5.2 PayPal Terms

Payments are processed securely through PayPal. By using PayPal, you agree to be bound by PayPal’s terms of service and privacy policy. PayPal is responsible for the secure processing and handling of your payment information.

5.3 Payment Responsibility

You are responsible for providing accurate payment information and for any fees charged by your financial institution. We are not responsible for failed transactions due to incorrect information provided by you.

6. Shipping and Delivery

6.1 Shipping Information

Shipping costs, methods, and delivery timeframes will be provided during the checkout process. Shipping times are estimates and are not guaranteed. We are not responsible for delays caused by shipping carriers or external factors beyond our control.

6.2 Risk of Loss

Risk of loss for all products passes to you upon delivery to the shipping carrier. Once a package is delivered to your address as confirmed by the shipping carrier, we are not responsible for loss, theft, or damage.

6.3 Tracking

You are responsible for tracking your shipment. Shipping confirmation and tracking information will be provided via email following order placement.

7. Returns and Refunds

7.1 Return Policy

Due to the custom and personal nature of original artwork, all sales are generally final. However, if you receive a damaged or defective item, please contact us within 7 days of delivery with photographic evidence.

7.2 Return Process for Damaged Items

If you receive damaged artwork, please contact us immediately with
– Clear photographs of the damage and
– Description of the damage

We will review your claim and determine the appropriate remedy, which may include repair, replacement, or refund at our discretion.

7.3 Defective Products

If a product is found to be defective upon arrival, we will work with you to resolve the issue. Documentation and photographic evidence will be required.

7.4 Return Shipping

Return shipping costs for non-defective items are the responsibility of the purchaser unless the return is due to our error or a defective product.

8. User Responsibilities

When using this Site, you agree to:

– Comply with all applicable laws and regulations
– Not engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site
– Not post or transmit abusive, defamatory, obscene, or otherwise objectionable material
– Not transmit software viruses or any code of destructive nature
– Not engage in any form of harassment or spam
– Not attempt to gain unauthorised access to the Site or its systems
– Not scrape, crawl, or use automated tools to extract content from the Site without permission

9. Disclaimers

9.1 “As Is” Basis

The Site and all Content are provided on an “as is” and “as available” basis without warranties of any kind, either express or implied. We disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

9.2 No Guarantee of Results

We do not guarantee that the Site will be uninterrupted, error-free, secure, or that any defects will be corrected. We do not guarantee the accuracy, completeness, or usefulness of any information on the Site.

9.3 Colour Accuracy

Please note that artwork images displayed on the Site may appear different on various screens and devices due to differences in monitor calibration, lighting, and screen resolution. The actual colors of physical artwork may vary slightly from digital images.

10. Limitation of Liability

To the fullest extent permitted by law, Miriam Smithers Artist shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or in connection with your use of the Site or any products purchased through the Site.

In jurisdictions that do not allow the exclusion of implied warranties, our liability is limited to the amount paid for the product that is the subject of the claim.

11. Third-Party Services and Links

11.1 External Links

The Site may contain links to third-party websites and services. We are not responsible for the content, accuracy, or practices of these external sites. Your use of third-party services is governed by their own terms and conditions and privacy policies.

11.2 Instagram Integration

Our Site displays an Instagram feed. Your interaction with Instagram content is governed by Instagram’s terms of service. We are not responsible for Instagram’s content, policies, or actions.

11.3 PayPal

Payment processing is handled by PayPal. Your use of PayPal is governed by PayPal’s terms of service and privacy policy. We are not responsible for PayPal’s actions or policies.

12. Indemnification

You agree to indemnify, defend, and hold harmless Miriam Smithers Artist and its owners, operators, employees, and agents from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorney’s fees) arising from or related to your violation of these Terms and Conditions or your use of the Site.

13. Termination of Access

We reserve the right to terminate or restrict your access to the Site at any time, for any reason, without notice or liability. Causes for termination include, but are not limited to, violation of these Terms and Conditions, engaging in prohibited conduct, or disruption of the Site’s operations.

14. Governing Law and Jurisdiction

These Terms and Conditions are governed by and construed in accordance with the laws of Ireland, without regard to its conflict of law principles. You agree that any legal action or proceeding arising under these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts located in Ireland.

15. Severability

If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

16. Entire Agreement

These Terms and Conditions, together with our Privacy Policy, constitute the entire agreement between you and Miriam Smithers Artist regarding your use of the Site and supersede all prior negotiations, understandings, and agreements, whether written or oral.

17. Waiver

The failure of Miriam Smithers Artist to enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If we waive any right, it is a waiver of that specific instance only and does not constitute a waiver of any other right or obligation.

18. Contact Information

If you have questions about these Terms and Conditions, please contact us.