Terms & Conditions

Introduction and Acceptance of Terms

These Terms and Conditions (hereinafter “the Terms”) constitute a legally binding agreement between the User and the operator of this Website (hereinafter “this Website”), governing access to and use of this Website and all purchases made therein. By browsing, accessing, or placing an order on this Website, the User expressly acknowledges having read, understood, and agreed to be bound by these Terms in their entirety.

This Website reserves the right to amend or update these Terms at any time. Continued use of this Website following the publication of any such amendments shall constitute the User’s acceptance of the revised Terms. Users are therefore encouraged to review these Terms periodically.

Products and Services

Physical Products

This Website currently offers physical products for sale, including printed goods and related merchandise. All products are described as accurately as reasonably practicable. This Website, however, does not warrant that product descriptions, images, or other content are entirely accurate, complete, or free from error.

Colours and physical characteristics of products may vary slightly from those depicted on screen, due to differences in display technology and production processes. Such variations shall not constitute grounds for a claim.

Digital Products (Future Offering)

This Website may, in the future, offer digital products for purchase, including but not limited to digital prints and downloadable files. Any such offering shall be subject to these Terms as applicable, in addition to any supplementary terms communicated at the point of sale. The specific provisions governing digital products are set forth below.

Orders and Payment

Order Processing

The submission of an order by the User constitutes an offer to purchase the selected product(s). This Website reserves the right to accept or decline any order at its sole discretion, including in cases of pricing errors, product unavailability, or suspected fraudulent activity. Acceptance of an order is confirmed by the dispatch of an order confirmation to the email address provided at checkout.

Pricing

All prices displayed on this Website are inclusive of applicable taxes unless otherwise stated. This Website reserves the right to modify prices at any time without prior notice, provided that such modifications shall not affect orders already confirmed. In the event of a manifest pricing error, this Website reserves the right to cancel the order and issue a full refund.

Payment Providers

This Website processes payments exclusively through the following third-party payment providers:

• Stripe: card payments processed via Stripe Payments Europe, Ltd., subject to Stripe’s own terms of service and privacy policy;
• PayPal: payments processed via PayPal (Europe) S.à r.l. et Cie, S.C.A., subject to PayPal’s own user agreement and privacy policy;
• WooCommerce Payments: card and integrated payment solutions provided by WooCommerce, operated by Automattic, Inc., subject to its own terms and privacy policy.

This Website does not store, process, or have access to the User’s full payment card details at any time. All financial data is transmitted directly to and processed by the aforementioned providers in accordance with applicable security standards, including PCI-DSS compliance. This Website bears no liability for any failure, error, or breach occurring within the systems of such third-party payment processors.

Right of Withdrawal:  Physical Products

Statutory Cooling-Off Period

In accordance with Directive 2011/83/EU of the European Parliament and of the Council on consumer rights (the “Consumer Rights Directive”), and as implemented under Irish law by the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013, the User has the right to withdraw from any purchase of physical products concluded via this Website, without providing any reason, within fourteen (14) calendar days of the date on which the User, or a third party designated by the User (other than the carrier), takes physical possession of the goods.

Where a single order comprises multiple items delivered separately, the fourteen (14) day period commences from the date of receipt of the last item.

Exercise of the Right of Withdrawal

To exercise the right of withdrawal, the User must notify this Website of their unequivocal decision to withdraw from the contract prior to the expiry of the withdrawal period. Such notification may be submitted by:

• Completing and submitting the Contact Forms set out in https://marianatang.com/contact/ ; or
• Sending an unambiguous written statement by email to contact@marianatang.com.

Upon receipt of the withdrawal notice, this Website shall confirm receipt without undue delay.

Return of Goods

Following notification of withdrawal, the User must return the goods to this Website without undue delay, and in any event within fourteen (14) calendar days of the date on which the withdrawal decision was communicated. The direct costs of returning goods shall be borne by the User, unless this Website has expressly agreed otherwise.

Goods must be returned in their original condition and packaging, unused and undamaged. This Website reserves the right to make a deduction from the reimbursement for any diminished value of goods resulting from handling beyond what is necessary to establish their nature, characteristics, and functioning.

Reimbursement

This Website shall reimburse all payments received from the User, including standard delivery costs (excluding any supplementary costs arising from the User’s choice of a delivery method other than the least expensive standard delivery offered), without undue delay and in any event within fourteen (14) calendar days of the date on which this Website receives the returned goods or evidence of their dispatch, whichever is earlier. Reimbursement shall be made using the same payment method used for the original transaction, unless the User has expressly agreed otherwise.

Exclusions from the Right of Withdrawal

The right of withdrawal shall not apply to the following categories of goods:

• Goods that are made to the User’s specification or clearly personalised (e.g. custom-printed items produced to order);
• Goods that are liable to deteriorate or expire rapidly;
• Sealed goods that are not suitable for return due to health protection or hygiene reasons, where such seal has been broken after delivery.

Where a product is customised or produced on demand, this Website shall clearly indicate at the point of sale that the right of withdrawal does not apply.

Digital Products:  Right of Withdrawal (Future Offering)

Where this Website makes digital content available for download or electronic delivery, the following provisions shall apply in addition to those set out in the section above.

Pursuant to Article 16(m) of the Consumer Rights Directive, the right of withdrawal shall not apply to the supply of digital content not provided on a tangible medium, where the performance has begun with the User’s prior express consent and acknowledgment that they thereby lose their right of withdrawal.

Accordingly, prior to completing any purchase of digital content, the User shall be required to expressly confirm:

• that they consent to the immediate commencement of the supply of the digital content; and
• that they acknowledge and accept that, by granting such consent, they waive their statutory right of withdrawal.

No reimbursement shall be issued in respect of digital content that has been downloaded or to which access has been granted, once the above consent has been recorded. Where such confirmation has not been obtained, the standard fourteen (14) day right of withdrawal shall apply.

Intellectual Property Rights

Ownership

All content published or made available on this Website (including, without limitation, text, graphics, logos, photographs, illustrations, print designs, digital artworks, downloadable files, and software) constitutes the exclusive intellectual property of this Website or of duly licensed third parties. Such content is protected by applicable copyright, design rights, trademark law, and other intellectual property legislation, including but not limited to the Copyright and Related Rights Act 2000 (Ireland) and Regulation (EU) No 1257/2012 concerning unitary patent protection.

Limited License for Personal Use

The purchase of a physical or digital product from this Website confers upon the User a limited, non-exclusive, non-transferable, non-sublicensable license to use, display, or reproduce the purchased item strictly for personal, non-commercial purposes. No purchase shall be construed as conferring upon the User any ownership of, or any further rights in respect of, the underlying intellectual property.

Prohibited Uses

Without the prior express written consent of this Website, the User is strictly prohibited from:

• reproducing, distributing, publicly displaying, or communicating any design, artwork, or content from this Website for commercial purposes;
• reselling, sub-licensing, or otherwise exploiting purchased prints or digital files in any commercial context;
• modifying, adapting, or creating derivative works based upon designs or artworks available on or sold through this Website;
• using any content from this Website in connection with print-on-demand platforms, marketplaces, or any form of third-party commercial reproduction.

Any unauthorised use of intellectual property belonging to or licensed by this Website shall constitute an infringement and may give rise to civil and/or criminal liability under applicable law.

User-Submitted Content

Where the User submits content to this Website in connection with a customised order or otherwise, the User warrants that such content does not infringe the intellectual property rights of any third party and that the User holds all necessary rights and licences to submit such content for the purposes of fulfilling the order. The User shall indemnify this Website against any claim, loss, or liability arising from a breach of this warranty.

Limitation of Liability

General Limitation

To the fullest extent permitted by applicable law, this Website shall not be liable for any indirect, incidental, consequential, special, or punitive damages arising out of or in connection with the use of this Website, the purchase or use of any product, or any failure or delay in performance, whether based in contract, tort, strict liability, or otherwise, even if this Website has been advised of the possibility of such damages.

Aggregate Liability Cap

In any event, the aggregate liability of this Website to the User in respect of any and all claims arising out of or relating to a transaction shall not exceed the total amount paid by the User for the product(s) giving rise to such claim.

External Factors

This Website shall bear no liability for delays, non-performance, or damages arising from circumstances beyond its reasonable control, including but not limited to force majeure events, acts of God, strikes, lockouts, postal or courier failures, governmental actions, or disruptions to third-party infrastructure or payment processing services.

Third-Party Websites

This Website may contain links to third-party websites for the User’s convenience. Such links do not constitute an endorsement of the content, products, or services offered on those websites. This Website assumes no responsibility for the content or practices of any third-party website and shall not be liable for any damage or loss arising from the User’s access to or use of such websites.

Consumer Rights

Nothing in these Terms shall operate to exclude or restrict any rights granted to the User under applicable mandatory consumer protection legislation, including the Consumer Rights Act 2022 (Ireland) or any equivalent legislation in the User’s country of residence.

Governing Law and Dispute Resolution

Governing Law

These Terms and any dispute or claim arising out of or in connection with them, including non-contractual disputes or claims, shall be governed by and construed in accordance with the laws of Ireland, without prejudice to any mandatory consumer protection provisions applicable in the User’s country of habitual residence within the European Union.

Jurisdiction

Subject to the provisions below, the parties submit to the exclusive jurisdiction of the courts of Ireland in respect of any dispute arising out of or relating to these Terms or any transaction conducted through this Website.

EU Consumer Dispute Resolution

Pursuant to Regulation (EU) No 524/2013 on online dispute resolution for consumer disputes, the European Commission has established an Online Dispute Resolution (ODR) platform, accessible at: https://ec.europa.eu/consumers/odr/. This Website is required to provide a link to this platform and to indicate the email address of this Website as the point of contact for the purposes of that Regulation: contact@marianatang.com.

Notwithstanding the foregoing, Users established in an EU Member State shall at all times retain the right to bring proceedings before the competent courts of their Member State of residence and to avail of any applicable alternative dispute resolution mechanisms therein.

Future Expansion

In the event that this Website extends its operations to additional jurisdictions within the European Economic Area, the applicable mandatory consumer protection laws of the User’s country of residence shall continue to apply, and nothing in these Terms shall deprive the User of the protections afforded by such laws.

Privacy and Data Protection

The collection and processing of personal data by this Website is governed by the Privacy Policy, which forms an integral part of the contractual relationship between this Website and the User. By using this Website and placing orders, the User acknowledges the processing of their personal data in accordance with the Privacy Policy and in compliance with Regulation (EU) 2016/679 (the General Data Protection Regulation, “GDPR”) and the Data Protection Acts 1988–2018 (Ireland).

The Privacy Policy may be accessed at: https://marianatang.com/privacy-policy/.

Miscellaneous Provisions

Entire Agreement

These Terms, together with the Privacy Policy and any order confirmation issued by this Website, constitute the entire agreement between this Website and the User with respect to the subject matter hereof and supersede all prior representations, understandings, or agreements.

Severability

If any provision of these Terms is found to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, such provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. Where modification is not possible, the relevant provision shall be deemed deleted. Such invalidity shall not affect the validity of the remaining provisions.

Waiver

No failure or delay by this Website in exercising any right or remedy provided under these Terms or by law shall constitute a waiver of that right or remedy, nor shall it preclude or restrict any future exercise of that or any other right or remedy.

Contact

For any queries relating to these Terms, orders, returns, or intellectual property matters, the User may contact this Website at:

https://marianatang.com
Email: contact@marianatang.com