Privacy Policy

Els Borghart/ Declan Kelly/ Els + Declan processes personal information in compliance with this privacy statement. For further information, questions or comments on our privacy policy, please contact us at hello@elsanddeclan.com 

Purposes of the processing

Els Borghart/ Declan Kelly/ Els + Declan collects and processes customers’ personal data for customer and order management (customer administration, order/delivery follow-up, invoicing, solvency follow-up, profiling based on Google Analytics and Facebook pixel in the context of personalised marketing and the sending of marketing and personalised advertising).

Legal foundation for the processing

Personal data is processed based on Article 6.1. [(a) consent,] [(b) (required for the implementation of an agreement),] [(c) (required to satisfy a legal obligation)], [(f) (required for the protection of our legitimate interest in entrepreneurship)] of the General Data Protection Act.

[Insofar as the processing of personal data takes place based on Article 6.1. a) (consent), customers always have the right to withdraw the given consent.]

Transfer to third parties

If required to achieve the set purposes, such as for purposes of storing your information as well as payment and delivery services, the customers’ personal data will be shared with other companies (Ie Mailchimp, PayPal, Stripe, An Post) within the European Economic Area, which are linked directly or indirectly with or with any other partner of Els Borghart/ Declan Kelly/ Els + Declan.

Els Borghart/ Declan Kelly/ Els + Declan guarantees that these recipients will take the necessary technical and organisational measures for the protection of personal data.

Retention period

Personal data processed for customer management will be stored for the time necessary to satisfy legal requirements (in terms of bookkeeping, among others). In the case of direct marketing, the data will be deleted 24 months after the last opening of a marketing e-mail.

Right to inspection, improvement, deletion, limitation, objection and transferability of personal data

The customer has at all times the right to inspect their personal data and can have it improved/improve it should it be incorrect or incomplete, have it removed, limit its processing an object to the processing of their personal data based on Article 6.1 (f), including profiling based on said provisions.

Furthermore, the customer is entitled to obtain a copy (in a structured, standard and mechanically readable form) of their personal data and to have said personal data forwarded to another company.

In order to exercise the aforementioned rights, the customer is requested to:

–          Adjust the settings of their customer account; and/or

–          Send an e-mail the following address: hello@elsanddeclan.com .

Direct marketing

The customer is entitled to object free of charge to the processing of any processing of their personal data aimed at direct marketing.

Complaint

The customer has the right to file a complaint with the Data Protection Commissioner (Data Protection Commissioner, Canal House, Station Road, Portarlington, R32 AP23 Co. Laois – info@dataprotection.ie).

Terms and Conditions

The vendor

Els Borghart/ Declan Kelly/ Els + Declan is an independent art studio by the creative talents and experiences of artists Els Borghart and Declan Kelly.

Contact address: Unit 7 & 8, Millmount Cultural Quarter, Millmount Square, Drogheda, Co. Louth, A92 K6YE. Ireland.
E-mail: hello@elsanddeclan.com

By placing an order, the customer accepts the terms and conditions as specified below.

Prices

The prices on the website are in euro and are exempt from VAT, but exclude shipping costs and other extras. The price applicable is the one valid on the date the order is placed. All prices are per item unless otherwise indicated.

Els Borghart/ Declan Kelly/ Els + Declan reserves the right to change the prices of products and product information. If shortly after purchase, a product turns out to be discounted, no claim can be made for a refund of the price difference.

Els Borghart/ Declan Kelly/ Els + Declan cannot be held responsible for price indications that are obviously incorrect i.e. as a result of typing errors.

Product photos are intended to be illustrative. Information about the items is always indicative and colours may vary slightly from the actual colours. The website provides as much information as possible. Should there be any specific questions or queries about a particular product, please do not hesitate to contact us by email.

Shipping costs

Generally, the following rules apply: All shipments are sent through An Post, Ireland. You have can choose between regular post or registered post. Regular Post means the parcel is not insured and you as a buyer are liable for the potential loss or damage of the parcel. Registered Post means your parcel is insured and we as sellers are liable for potential loss or damage to the parcel and will send you a new item should this occur. Shipping costs are calculated during checkout and depend on the country or geographical region of your shipping address.

Packaging

Each print will be wrapped in acid-free tissue paper and sent in a nice sturdy postal tube or a flat box, depending on the size of the print. Included you should find a Certificate of Authenticity, if applicable.

Order

An order is placed through our webshop. On the last page of the shopping cart, the customer will see an overview of the amount payable. After a successful transaction, a confirmation email will be sent. The customer will also receive an email confirming that the package has been posted out and will arrive soon.

Payment

All items remain the property of Els Borghart/ Declan Kelly/ Els + Declan until the payment is completed. The price applicable is the one valid on the date the order is placed. Shipping costs and payment costs are included before confirming the purchase. Secure payment can be made in 2 different ways. Els Borghart/ Declan Kelly/ Els + Declan works with Stripe and PayPal. This means that payments are handled through gateways to ensure your security. Card details are not stored by us and all card information is handled via SSL encryption (Secure Socket Layer – Protocol). These highly secure payment platforms are integrated into the webshop. Once completed, Els Borghart/ Declan Kelly/ Els + Declan will receive immediate notification of your payment.

Delivery

Els Borghart/ Declan Kelly/ Els + Declan tries to ensure the fastest possible delivery. Please note that some of our prints are made to order, which can take up to 5 days. Once the order is ready, the package is posted as soon as possible. The delivery times listed below are an estimation and are solely provided as an indication. Els Borghart/ Declan Kelly/ Els + Declan cannot be held responsible for delays beyond our control.

Els Borghart/ Declan Kelly/ Els + Declan will deliver to the delivery address provided by the customer. If the address is found to be incorrect, it is the sole responsibility of the customer and may lead to extra charges.

Delivery times

Orders within the European Union usually arrive within 5 business days after shipment, with destinations outside the EU taking approximately 7 to 15 business days to arrive.

Els Borghart/ Declan Kelly/ Els + Declan cannot be held liable for any delays incurred by An Post. In compliance with the law on “distance selling” the maximum delivery period is thirty days, unless otherwise agreed. If this delivery period is not feasible, Els Borghart/ Declan Kelly/ Els + Declan will inform the customer in a timely manner. In that case, the customer has the right to cancel the order at no additional cost. In this event, the exact amount will be refunded within thirty days.

Order online

By placing an order with Els Borghart/ Declan Kelly/ Els + Declan, the customer agrees with the terms of sales, delivery and payment. If, for whatever reason, a problem arises with the order, the customer will be informed within a week.

All items remain the property of Els Borghart/ Declan Kelly/ Els + Declan until the payment is completed. The risk for loss or damage, however, is transferred to the customer upon delivery. Any visible damage to the product or other defect upon delivery must be reported immediately, under penalty of forfeiture of any right.

The Irish law is applicable to all agreements made between Els Borghart/ Declan Kelly/ Els + Declan and the customer. The Irish courts have exclusive jurisdiction.