Terms and Conditions
Please read these terms and conditions carefully as they contain important information about your rights and obligations. In particular, your attention is drawn to Paragraph 9 (Liability). By continuing to browse this website you agree to be legally bound by these terms and conditions as they may be modified and posted on this web site from time to time. If you do not agree to be bound by these terms and conditions then you may not use this web site.
This web site is operated by John Quirke Photography trading as John Quirke Photography.
2. Ordering and Purchase
The price of the Product, and the procedures for ordering, payment and delivery are displayed on this web site. You must pay by credit or debit card at the time of order. The price of the Product is the price in force at the date and time of your order. We may change the price of the Product before you place an order. We try to ensure that the price displayed on this web site is accurate but the price on your order will need to be validated by us as part of the acceptance procedure (see paragraph 2.2 below). We will inform you if the Product's correct price is higher than that stated in your order and you may cancel the order and decide whether or not to order the Product at the correct price. At all times full payment, including shipping fees are required for work to begin on your order.
John Quirke Photography is entitled to refuse any order placed by you. If your order is accepted, we will confirm acceptance to you by online electronic means ("Confirmation") to the email address you have given us. Confirmation will deem acceptance of your order which will then be fulfilled by the date set out in the Confirmation or, if the Confirmation does not contain such a date, within 30 days.
You undertake that all details you provide to us when ordering the Product will be correct, that the credit card which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the product involved. We reserve the right to obtain validation of your credit details before providing you with a copy of the Product.
In the event that the Product you receive does not match the approved proof, or if a product error or defect has occurred, the Product you have purchased may be replaced within 7 working days of delivery or a full refund of the amount paid on the condition that a request is received by John Quirke Photography within 24 hours of receipt of the Product. We reserve the right to determine whether or not the approved proof is matched and we maintain the right to judge if a product error or defect occurred. The Purchaser must arrange for and pay the costs of returning the Product to the vendor.
If you have any queries or complaints, you should direct them to us via e-mail at firstname.lastname@example.org or by post to John Quirke Photography, Blackcastle SC, Navan, Co. Meath, Ireland.
You are solely responsible in all respects for all use of and for protecting the confidentiality of any user name and password that may be given to you or selected by you for use on this web site. You may not share these with or transfer them to any third parties. You must notify John Quirke Photography immediately of any unauthorised use of them or any other breach of security regarding this web site that comes to your attention. We reserve the right to cease trading with any customer who is in breach of these conditions and to sue for any consequential loss or damage to John Quirke Photography his agents or authorised representatives.
5. Applicability of Online Materials
Where content published on this web site is supplied by third parties, you understand that we do not control or endorse their contents in any way. All content which is offered by third parties that are not affiliated with or otherwise connected with John Quirke Photography is published in good faith but John Quirke Photography does not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of such content (whether published on or off-line) or for the use of such content.[You assume total responsibility and risk for your use of this web site and use of all information contained within it].
John Quirke Photography has used all reasonable endeavours to ensure that this web site complies with Irish law. However, we make no representations that the materials on this web site are appropriate or available for use in locations outside the Republic of Ireland.
John Quirke Photography makes no warranties, express or implied, that making the Product available in any particular jurisdiction outside the Republic of Ireland is permitted under any applicable local laws or regulations. Accordingly, if making the Product or any part thereof available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, the Product is not offered for sale to you. You accept that if you are resident outside the Republic of Ireland, you must satisfy yourself that you are lawfully able to purchase the Product. John Quirke Photography accepts no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from or related to the purchase or attempted purchase of the Product by persons in jurisdictions outside the Republic of Ireland or who are nominees of or trustees for citizens, residents or nationals of other countries.
6. Copyright and Monitoring
The contents of our web site are protected by international copyright laws and other intellectual property rights. The owner of these rights is John Quirke Photography or other third party licensers. All product and business names and logos mentioned in this web site are the trade marks, service marks or trading names of their respective owners, including John Quirke Photography. You may download material from this web site for the sole purpose of placing an order with John Quirke Photography or using this web site as a shopping resource, however, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from this web site including but not limited to text, graphics, video, messages, code and/or software without John Quirke Photography's prior written consent, except where expressly invited to do so, for example in order to complete any test or questionnaire.
6.2 Private and Commercial Users.
The Product is protected by international copyright laws and other intellectual property rights. You may not modify copy, reproduce, republish, upload, post transmit, distribute or broadcast the Product without the prior consent of John Quirke Photography. If you wish to purchase the Product for any of these purposes it is your responsibility to notify John Quirke Photography of same. The consent of John Quirke Photography to the use of the Product for any of these purposes may involve further conditions, which may include a different pricing structure and an undertaking by you to identify John Quirke Photography as the owner of the intellectual property in the product.
7. Linked Sites
John Quirke Photography makes no representations whatsoever about any other web sites which you may access through this web site or which may link to this web site. When you access any other web site you understand that it is independent from John Quirke Photography and that we have no control over the content or availability of that web site. In addition, a link to any other site does not mean that John Quirke Photography endorses or accepts any responsibility for the content, or use of, such a web site and John Quirke Photography shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other web or resource. Any concerns regarding any external link should be directed to that web site’s administrator or web master.
8. Availability of the Web Site
We will try to make this web site available but cannot guarantee that this web site will operate continuously or without interruptions or be error free and can accept no liability for its unavailability, You must not attempt to interfere with the proper working of this web site and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, service, web site, router or any other internet connected device.
9. (Exclusion of) Liability
John Quirke Photography warrants that Products purchased from us will be free from defects in materials and workmanship under normal use for a period of ninety days. John Quirke Photography excludes all other express or implied terms, conditions, warranties, representations or endorsements whatsoever in relation to this web site or any information or service provided through this web site. John Quirke Photography will do its best to ensure that all material and information on this web site is accurate, but please note that all materials and information on this web site are provided on an "as is" basis. We reserve the right to determine what amounts to a defect in materials or workmanship. This does not affect your statutory rights.
In relation to the purchase of the Product, John Quirke Photography accepts no liability for any indirect or consequential loss or damage, for any loss of data, profit, revenue or business (whether direct of indirect), however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of this web site or its contents other than as a direct result of purchasing a copy of the Product, we accept no liability for this loss or damage (except where John Quirke Photography has been negligent whether due to inaccuracy, error, omission or any other cause and whether on the part of John Quirke Photography or its servants, agents or any other person).
If John Quirke Photography is liable to you for any reason, John Quirke Photography's liability will be limited to the amount paid by you for the copy of Product concerned.
You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our web site and is compatible with this web site. You also understand that John Quirke Photography cannot and do not guarantee or warrant that any material available for downloading from this web site will be free from infection, viruses and/or other code that has contaminating or destructive properties. All files available for downloading on this website have been checked with an updated virus checker, but as with all software you are responsible for implementing sufficient procedures and virus checks (inducing anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
The limitations and exclusions in this Paragraph 9 only apply to the extent permitted by applicable law.
John Quirke Photography may assign, novate or subcontract any or all of its rights and obligations under these terms and conditions at any time.
John Quirke Photography may alter these terms and conditions from time to time and post the new version on this web site, following which all use of this web site will be governed by that version. You must check the terms and conditions on this web site regularly.
These Terms and Conditions together with any order form and any payment method instructions, if any, are the whole agreement between you and John Quirke Photography. You acknowledge that you have not entered into this agreement in reliance upon any warranty or representation made by John Quirke Photography or any other person and you waive any rights to damages/rescission you may have for misrepresentation (other than a fraudulent misrepresentation) that is not contained in these Terms and Conditions or order form and payment method instructions. Liability will subsist for misrepresentations contained in the "whole agreement".
If any provision or term of these Terms and Conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.
These Terms and Conditions and your use of this web site are governed by Irish law and you submit to the non-exclusive jurisdiction of the Irish courts.
Neither you nor John Quirke Photography will be held liable for any failure to perform any obligation to the other due to causes beyond your or John Quirke Photography's respective reasonable control.
Failure by either party to exercise any right or remedy under this agreement does not constitute a waiver of that right or remedy.