|
|
Terms and Conditions of Business
By placing an order you are agreeing to conduct business in accordance with the following terms and conditions.
1. Definitions
1.1) For the duration of these terms and conditions the following terms shall
apply;
1.2) RestoreAPhoto™ shall be referred to as “The Company”
1.3) A person or business authorised to receive orders on behalf of the Company
shall be referred to as “The Agent”
1.4) A person or business who places an order with the Company or the Agent
shall be referred to as “The Client”
2. General
2.1) The placing of an order by a client and the subsequent acceptance of that
order by the company brings into being a contract on the terms set out in the
following paragraphs.
2.2) All orders shall be in writing.
2.3) The company reserves the absolute right to refuse to accept any order whatsoever
and for whatever reason without explanation.
3. Price and Payment
3.1) The price payable by the client to the agent or the company shall be in
accordance with the company’s price list valid at the time that the order
is placed. The company reserves the right to alter its price list at any time
and without notice.
3.2) Payment by the client shall be cash with order. Where the order is placed
through an agent, said agent is wholly responsible for collecting payment from
the client. Payment is non-refundable.
3.3) The company reserves the right to make additional charges when completion
of an order is requested in less than normal delivery times.
3.4) The prices payable by the agent to the company shall be in accordance with
the agents commission calculation provided separately.
3.5) Payment by the agent to the company shall be, unless stated otherwise in
writing, within 7 days of receiving an official invoice from the company. Such
invoices will be provided from time to time subject to the credit limit assigned
to the agent. Late payment of an invoice will result in further orders being
refused until such time that the late invoice is paid in full.
3.6) The company reserves the right to charge the agent interest on invoices
not paid within 7 days of the due date until said invoice is paid in full. Interest
shall be charged at 2% above Ulster Bank’s base rate.
3.7) All cheques paid to the company by the agent shall be made payable to TotallyIreland.info
Limited or RestoreAPhoto.com. In the event of a cheque not being honoured on
first presentation for whatever reason the company reserves the right to charge
the agent an administration fee for each subsequent re-presentation of the cheque.
4. Liability
4.1) The company will take all reasonable care in the handling and processing
of all materials belonging to the client.
4.2) Where original materials are provided to the company its’ liability
and the liability of its agents for any loss or damage to said materials shall
be limited to their retail price with a maximum of €50 per item.
4.3) The company and its’ agents shall not be liable for any loss or damage
suffered by the client or any third party through any reasonable or unavoidable
delay in completing the order howsoever caused.
5. Copyright & Warranties
5.1) It shall be the responsibility of the client to ensure that all materials
presented as part of an order are free from any third party claims for breach
of copyright or licence.
5.2) By placing an order with the company or its agent the client certifies
and warrants, with respect to all materials provided, that: (i) no copyright
exits in the material; or (ii) the client is the owner of the copyright in the
material and that reproduction or alteration by the company will not infringe
the rights of any existing licensee; or (iii) the client has valid authority
of the copyright owner (or of an existing licensee of the copyright owner) to
authorise the reproduction or alteration of the material as required by the
order (iv) the material does not contain anything which is obscene, blasphemous,
libelous or otherwise unlawful.
5.3) The client acknowledges that the breach of copyright in the course of trade
or business is both a civil wrong and a criminal offence.
5.4) The client grants the company licence to use both their original and restored
photographs for the sole purpose of promoting the company.
6. Acceptance of finished material
6.1) The client understands and accepts that the company will make their best
efforts to digitally enhance or modify a scanned likeness of the client’s
photograph in accordance with description or sample provided with their original
written order. Furthermore the client concedes and accepts that it is not always
possible to completely restore the likeness of a damaged or deteriorated photograph
to its original appearance.
6.2) The client shall within 7 days of delivery (or within 3 days if the client
enters into this contract in the course of its business) notify the company
of any alleged defect, shortfall, damage, or failure to comply with description
or sample and return the completed materials with all associated paperwork and
packaging to the company within 7 days (or within 3 days if the client enters
into this contract in the course of its business) of the said notification.
If the client shall fail so to notify the company without reasonable explanation
said client shall be deemed to have accepted the materials and they will be
presumed to be without any defect or damage which may be apparent on reasonable
examination.
6.3) Where it is both possible and practical, the company will at its sole discretion
and as a gesture of good faith make efforts to remedy issues arising from the
proceeding paragraph; such efforts do not constitute an acceptance of liability.
The company reserves the absolute right to refuse such remedy if it is believed
that the client holds unreasonable expectations regarding finished materials.
7. Law Governing Terms
7.1) These terms shall be subject solely to the laws of the Republic of Ireland
which shall exclusively govern their interpretation, application and effect.
|
|