Terms of service
Richard Gavin Photography
Terms of service
Orderphotos.ie. ("Service" or "System"), is an internet based photographic sales system operated by Richard Gavin Photography, ("we" or "us") of 113, Malahide Road, Donnycarney, Dublin 3. The Internet web site provides access to the Orderphotos.ie System, and laid out below are the terms and conditions of use for the Service. The web site may only be used in accordance with these terms.
The terms laid out below govern the relationship between you as a user ("you or user") and Richard Gavin Photography. The web site, and the services provided through the web site, can only be used if you agree to these terms.
1. General Terms
1.0 Purchase Terms
These purchase terms ("Purchase Terms") comprise a binding contract between you as a user of the Orderphotos.ie Service and Richard Gavin Photography for the purchase of photographic products (“Products”)
1.1 Legal Document
Please read these Purchase Terms carefully because they form a legal document. By submitting an order to the Orderphotos.ie system, you agree to be bound with Richard Gavin Photography by these Purchase Terms. If you do not wish to accept these Purchase Terms, you should not submit an order.
1.2 Local Law
Those who choose to access this Service from any location outside the Republic of Ireland are solely responsible for compliance with Local Law if, and to the extent that, it is applicable. In this case, you agree that, by you agreeing to these Purchase Terms with Richard Gavin Photography, you waive any consumer rights you have which are capable of being waived under your Local Law and that these Purchase Terms are the only terms and conditions that apply between you and Richard Gavin Photography in respect of your use of the Service and the supply by Richard Gavin Photography of your Products.
2. Purchase Terms
2.0 Display
By the display and description of this Service, Richard Gavin Photography does not necessarily agree to process your order and supply your Products at the prices specified.
2.1 Binding Contract
These Purchase Terms will not form a binding contract between you and Richard Gavin Photography for the purchase and supply of the Products, until the following conditions have been met:
a. You have submitted an offer to buy certain Products using the order facility provided; and
b. Richard Gavin Photography notifies you by e-mail that your order for Products has been accepted and Richard Gavin Photography agrees to supply the Products to you, provided that you have supplied Richard Gavin Photography with an e-mail address for the reply. If you fill in the e-mail field when you make an order, you will receive a confirmation by e-mail. This should be immediate.
2.2 Loss or Damage
Richard Gavin Photography will not be responsible for any consequential loss or damage, howsoever arising, as a result of a failure, refusal or inability by Richard Gavin Photography to fulfil an order.
3. Price and Specification of Products
3.0 Prices and Taxes
All prices quoted include United Kingdom Value Added Tax ("VAT"), at the applicable rate. There is a separate VAT inclusive postage and packaging charge and this is listed with the price and specification of the Products. The total cost is the "Purchase Price". Richard Gavin Photography shall not be liable for any other sales taxes, customs or import duties or other taxes, which may be imposed on you by any relevant taxing authority. You are responsible for any such taxes.
3.1 Tax Free
If by nature of where you live you are able to purchase Products free of tax, or are able to reclaim tax, you must contact Richard Gavin Photography before you make your purchase. Once an order has been placed, and payment made, Stanley Baker Studios cannot enter into any correspondence or dialogue regarding tax issues.
3.2 Change
All Purchase Prices and specifications of Products are subject to change without notice, except where Richard Gavin Photography has accepted your order and agreed to deliver the Products to you in accordance with Clause 2.1.
3.3 Payment
The Purchase Price payable for Products must be paid in advance by a secure payment authorisation bureau chosen by Richard Gavin Photography.
Richard Gavin Photography retain the right to check with your card provider and/or any credit reference agency or bank to confirm whether or not you are able to pay the Purchase Price. Richard Gavin Photography has the right to refuse your order at their discretion.
4. Delivery of Products
4.0 Delivery
All Products will be delivered to you at the REPUBLIC OF IRELAND address given during the order process, within the service time frame specified, upon your order being accepted by Richard Gavin Photography, pursuant to Clause 2.1 above, unless an alternative time frame is notified to you by Richard Gavin Photography prior to the expiry of a 5 working day period. For delivery outside of the REPUBLIC OF IRELAND, please contact our support team prior to placing an order. Any orders created with non-REPUBLIC OF IRELAND delivery addresses will be refunded without prior notification.
4.1 Estimate
Notwithstanding Clause 4.0, the time of delivery is an estimate only and Richard Gavin Photography, shall not be liable for any late delivery of the Products or any consequential loss or damage caused as a result.
5. Returns Policy
5.0 Returns
In the event that the Products are damaged or defective when you receive them, or do not match the description specified in the Service, you will be entitled to return the Products to Richard Gavin Photography, within 14 days of receipt by you. In those circumstances, Richard Gavin Photography, will either reprint the Products or provide a full refund of the Purchase Price.
5.1 Not Faulty
In the event that you return any Products to Richard Gavin Photography, in accordance with Clause 5.0, and Richard Gavin Photography, can demonstrate that they were not faulty when received by you, Richard Gavin Photography, reserves the right to return the Products to you and to claim the cost of such return postage from you.
6. Duration of Purchase Terms and Termination
6.0 Duration
These Purchase Terms are binding upon you when you accept them in accordance with Clause 2 and they will remain in force until both parties have performed their obligations under these Purchase Terms or either party breaches its obligations under these Purchase Terms.
6.1 Termination
Termination in accordance with this Clause 6.0 shall not prejudice or affect any right of action or remedy, which shall have accrued or shall thereafter accrue to either party.
7. Richard Gavin Photography's Responsibilities
7.0 Security
Richard Gavin Photography undertakes to use commercially reasonable endeavours to prevent breaches of security of the Service (including the credit card details provided by you when you submit an order for any Products), and to use reasonable endeavours to ensure that any Richard Gavin Photography suppliers, subcontractors or agents comply with this Clause.
7.1 Response
Richard Gavin Photography will use reasonable endeavours to respond to your order within the stated time.
7.2 'As Is'
The service is provided on an 'as is' and 'as available' basis, and Richard Gavin Photography makes no representation or warranty that the Service offered will be accessible, or useable by you, or error free.
7.3 Suspend or Alter
Richard Gavin Photography reserves the right, at its sole discretion, to suspend or alter the operation of the Service for legal, technical or any other reason. Richard Gavin Photography will give as much notice as possible prior to taking any of the actions described in this Clause, but prior notice may not always be feasible.
8. User's Responsibilities
8.0 Authorised Owner
You warrant that you are the proper authorised owner of the payment details of which you supply to Richard Gavin Photography's payment authorisation bureau when using the System.
8.1 Accurate Information
You warrant that all information given by you in your use of this Service is accurate and not misleading and that you will not use this Service:
a. for any fraudulent or illegal purposes
b. for the transmission or posting of any computer viruses or any material which is defamatory, offensive or of an obscene or menacing character, or in such a way as to cause annoyance, inconvenience or needless anxiety. You agree that you will be liable for any action taken against Richard Gavin Photography or against you in relation to such use; and
c. in a manner which constitutes a violation or infringement of any right of person, firm or company, including but not limited to, rights of copyright or confidentiality.
8.2 Personal Use
You confirm that all pictures purchased using the Richard Gavin Photography Service are purchased strictly for your own personal use. If you wish to use any picture within the system for any other purpose, you agree to contact Richard Gavin Photography to negotiate terms.
8.3 Copyright
You acknowledge and accept that all copyright, trademarks and all other intellectual property rights in any part of the Service or any material supplied as part of the Service belongs to Richard Gavin Photography. You agree not to remove any copyright, trademark or any other intellectual property notices contained in the original material and/or from any Products purchased through the service.
8.4 Indemnify
You agree to indemnify Richard Gavin Photography against any claims, costs, expenses or legal proceedings caused as a result of your use of this Service in contravention of Clause 8.1. Further, in these circumstances, Richard Gavin Photography shall be entitled to treat the contravention as a material breach of these Purchase Terms and terminate the Purchase Terms, cancel any pending orders for Products made by you and terminate any access permission granted to you by Richard Gavin Photography forthwith, without notice to you.
8.5 Privacy
Personal data provided to Richard Gavin Photography through this web site will only be used in accordance with our Privacy Policy. Please read through this carefully before proceeding. By providing your personal data you are consenting to its use in accordance with the Privacy Policy.
9. Limitation of Liability
9.0 Limit of Liability
To the extent that Richard Gavin Photography is deemed by a court of competent jurisdiction, to have any liability to you in relation to the Service or any Products supplied by Richard Gavin Photography or Richard Gavin Photography's contractors, Richard Gavin Photography entire liability shall be limited to £500 for any one incident or series of related incidents and up to £1,000 for all incidents in any period of 12 months.
9.1 Not Liable
Richard Gavin Photography shall not be liable to you, other than through fraudulent or negligent misrepresentation, for:
a. any economic loss, including without limitation, loss of revenue, business, contracts, profits or anticipated savings;
b. any loss of goodwill or reputation;
c. any loss of data; or
d. any special, indirect or consequential loss.
10. Operation of the web site
10.0 Changes
Richard Gavin Photography may at its discretion change the format and content of the web site, or any products or services offered, at any time without notice.
10.1 Terminate
Richard Gavin Photography may suspend or terminate the operation of this web site, or suspend or terminate provision of any products or services offered, for support, maintenance work, in order to update the content or for any other reason. Richard Gavin Photography may do this at any time and without notice.
11. Notices
11.0 Legal Notices
You may send a legal notice to Richard Gavin Photography, or any questions you may have concerning these Purchase Terms, by e-mail to info@orderphotos.ie Republic of Ireland, or by writing to Richard Gavin Photography, at 113, Malahide Road, Donnycarney, Dublin 3. Such notices will be effective within 5 days of receipt by Richard Gavin Photography.
11.1 Give Notice
Richard Gavin Photography may give notice to you by general notice on its web site, www.orderphotos.ie. by e-mail to your e-mail address on record with Richard Gavin Photography, or by post to the geographical address on record with Richard Gavin Photography. Such notice will be effective if sent by e-mail or posted on Richard Gavin Photography's web site, 3 days from the date it was sent or posted. If sent by regular post, it will be effective 3 days after posting by Richard Gavin Photography.
12. Third Parties
12.0 Third Party Rights
Nothing in these Purchase Terms shall confer on any third party any benefit or the right to enforce any term of this Agreement. For the avoidance of doubt, the Contracts (Rights of Third Parties) Act 1999 shall not apply to these Purchase Terms.
13. General
13.0 Entire Agreement
These Purchase Terms form the entire agreement between you and Richard Gavin Photography and supersede any other oral or written communications, agreements or representations with respect to your use of this Service.
13.1 Change of Terms
Richard Gavin Photography reserves the right to add to or change the terms of these Purchase Terms in its sole discretion without prior notice. All changes to the Purchase Terms will be effective once posted on the Orderphotos.ie site. Richard Gavin Photography will provide notice of the changes to the Purchase Terms for (30) days after posting the amended Purchase Terms on the Service.
Your continued use of the Service and submission of any order in accordance with Clause 2.1 above following Richard Gavin Photography's posting of such changes will be regarded by Richard Gavin Photography as acceptance of the amended Purchase Terms. If you do not agree to be bound by the amended Purchase Terms, you should exit the Service and not access the Service or submit any orders for Products to Richard Gavin Photography.
13.2 Statutory Rights
Nothing in these Purchase Terms affects your statutory rights as a consumer.
13.3 Court Ruling
If any part of these Purchase Terms are held by a court of competent jurisdiction to be unenforceable, the validity of the remainder of these Purchase Terms will not be affected.
13.4 Beyond Control
If Richard Gavin Photography is unable to perform any obligation under these Purchase Terms because of a matter beyond its reasonable control, including but not limited to; fire, flood, explosion, war, civil disorder, industrial disputes, whether or not involving its employees, or other disasters or governmental laws and regulations imposed after the fact, or events beyond the reasonable control of Richard Gavin Photography, Richard Gavin Photography will have no liability for failure to perform the Service.
13.5 At Own Risk
Your use of the Internet is solely at your own risk and subject to all applicable laws, and Richard Gavin Photography has no responsibility for any information, software, services or other materials accessed or obtained by you using the Internet.
13.6 No Representation
Richard Gavin Photography makes no representation that any Products purchased using the Richard Gavin Photography service are appropriate for your use, or available, in any other locations.
13.7 Laws of Republic of Ireland
These Purchase Terms are governed by the laws of Republic of Ireland, and subject to the non-exclusive jurisdiction of the Irish Courts.
Last updated 22/02/2022