Terms & Conditions
1. Introduction
This document sets out the terms and conditions on which Ryan O’Shea Photography is prepared to deal with Customers. Subject to the absolute discretion of Ryan O’Shea Photography, only one copy of any one version of these Terms shall be provided by Ryan O’Shea Photography to each Customer.
2. Interpretation
2.1. In this document:
2.2 ROP means “Ryan O’Shea Photography”.
"Customer" means a customer of Ryan O’Shea Photography.
"Order" means an order made by a Customer for Ryan O’Shea Photography goods and/or services done in writing or by telephone and other than to, through or via the Website;
"Terms" means this agreement and the terms and conditions set out herein;
"Website" means the internet site operated by Ryan O’Shea Photography, accessible at the following URL: www.ryanosheaphotography.co.uk
2.3. Words denoting any gender shall include all genders.
2.4. A Customer who accepts these terms and conditions shall be deemed to be signing and accepting for them self and their successors in title, and, if an individual, their heirs and estates.
3. Copyright
3.1 The Terms and ROP literature and their contents and any goods advertised and/or marketed and/or distributed and/or sold and/or provided by ROP to customers are copyright ROP “Ryan O’Shea Photography” and/or its associates, or their content and/or technology providers. All rights are reserved.
4. Specific Responsibilities of each Customer
4.1. Each Customer is solely responsible for the accuracy, legality, currency and compliance of any material submitted by it to ROP and will be solely liable for false, misleading, inaccurate, infringing or other actionable material contained or referred to therein.
5. Data Protection and Privacy
5.1 ROP may wish to send you, a Customer, details of products, promotions, services and other ROP related items. If you, a Customer, do not wish to receive this information, please inform ROP here: [email protected].
5.2. ROP may be required to disclose information to third parties for the purpose of providing and administering the billing/payment and other goods and services, resolving disputes, analysis, and as required by law or government agencies, regulators or courts in any relevant jurisdiction and the Customer hereby consents to such necessary disclosures.
6. Orders
6.1. If any Customer submits to ROP an Order, that Order will constitute an offer by the Customer to buy goods and/or services from ROP subject to the Terms.
6.2. ROP may accept any Order by email or other written notification. Until ROP expressly so accepts an Order, no contract will exist between the Customer and ROP.
6.3. If ROP is unable to accept an Order for goods due to insufficient stocks, ROP will notify the Customer and may suggest alternative goods. If the Customer wishes to purchase the alternative goods, the Customer will need to submit an amended Order to ROP.
6.4. ROP’s emailed or other written acceptance of an Order will be effective at the time despatched to a Customer from Jersey, Channel Islands (whether or not received). The resulting contract between ROP and any Customer will be deemed to be formed in Jersey.
6.5. The Terms constitute the contract for the purchase of goods and/or services from ROP.
6.6 ROP may use third party Vendors to produce and distribute orders.
6.7 If a customer of ROP requires to cancel their order (not including Digital Downloads please refer to 8.7) they are required to contact ROP by email within 24hrs from the time the order was placed, ROP will have the right to refuse a refund request if the order is already being 'processed' to print, ROP will do their best to fulfil the customers requirements.
7. Payment
7.1 ROP will no add any; VAT and/or Duty and/or Local Tax, to orders.
7.2 ROP customers will be solely responsible to pay any; VAT and/or Duty and/or import duty and/or any Tax and/or Local Tax's upon receipt of their goods and ROP customers must adhere to their local customs and regulations
8. Digital Downloads
8.1 ROP provides two choices of Digital Download shown below as '8.1a' & '8.1b':
8.1a Digital Download High Resolution Image = 1 Megapixel (Low Res) – Suitable for Mobile phones and as listed on ROP Price List.
8.1b Digital Download Low Resolution Image = 5 Megapixels (High Res) – Suitable for backgrounds and as listed on ROP Price List.
8.2 The purchase of Digital Downloads include a license of personal use only, personal use means non-commercial use of the image(s)
8.3 If a customer of ROP wishes to use image(s) for commercial use, the customer has to contact ROP before purchase at which point ROP and the customer may start a discussion of a Commercial licence, ROP will have the final say if a commercial licence will be granted or not.
8.4 The Title, Ownership and all rights remain exclusively with ROP
8.5 ROP will not be liable for any third party claims or incidental, consequential or other damages which arise through the use of the personal or commercial licences.
8.6 ROP may place a small Signature (Copyright) anywhere along the bottom of any photo to be downloaded if they feel it is needed.
8.7 ROP will not accept any requests for a return and/or refund for Digital Downloads.
9. Products
9.1. "Home Decor" products will be fulfilled and distributed by ROP.
9.2. "Downloads" will be fulfilled by ROP, please view 8.1. - 8.6 for full Terms & Conditions for Downloads
9.3. "Photo Gifts" will be fulfilled and distributed by a third party Vendor.
9.4. "Prints" will be fulfilled and distributed by a third party Vendor.
10. Delivery
10.1. Subject of location, method of payment and the availability of goods. Any dates quoted for delivery of goods are approximate only. ROP will not be liable for any delay in delivery of goods howsoever caused. Time for delivery will not be of the essence.
10.2. Orders will be sent using an appropriate posting service, unless otherwise requested to by the customer by email to: [email protected]
11. Description of Goods or Services
11.1. ROP makes every effort to display as accurately as possible the image and colours of its goods. However, ROP cannot guarantee that the display of any image and/or colour as set out in any item/s of ROP Literature is or will be accurate.
11.2. ROP reserves the right to make any changes to the specification of its goods and/or services where those changes are required to conform with any applicable statutory or regulatory requirements or which do not materially affect the quality or performance of the said goods and/or services.
11.3. ROP may correct, at any time, without any liability on its part, any typographical, clerical or other error or omission on or in any ROP Literature.
12. General
12.1. To the extent that any provision in these Terms is determined to be unenforceable or invalid, such provision shall be severed and the remaining provision shall be enforceable to the fullest extent permitted by the applicable law.
12.2. At all times ROP will have the last say in any disagreement.
12.3 ROP's Terms & Conditions (T & C's) may change without notice.
12.4 ROP may change the price of a product without notice at any time.