TERMS

Terms and Conditions for Use of Sam Beresford Photography Website

Trading Name

"Sam Beresford Photography" is a trading name of Sam Beresford Photography Ltd. Site visitors are asked to read our Terms and Conditions in full. The terms and conditions includes also Policy's for User Privacy and Customer Ordering/Returns/Complaints. By using this website, the user ("user" or "you") agree to the following terms of use and privacy policy. Individuals, who do not agree to the terms of use, should exit the website. Sam Beresford Photography Ltd reserves the right to alter the contents of this website at any time without notice. Continued use of this site implies that site visitors accept to be bound by any updated version of this site.

Trademarks

Sam Beresford Photography and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of Sam Beresford Photography. All other trademarks, product names and company names or logos cited herein are the property of their respective owners ("Third Party Trade Marks"). You are not permitted to use the Sam Beresford Photography Trademarks or Third Party Trademarks without the prior written consent of Sam Beresford Photography or such third parties that may own the Trademarks.

Links

Sam Beresford Photography may choose to provide links to sites owned by Sam Beresford Photography and associated companies from time to time and may also choose to provide links to sites that are owned by third parties that are not connected with Sam Beresford Photography. All links are provided for your convenience only. Access to sites that are owned by third parties is at your own risk and Sam Beresford Photography has no responsibility or liability for these third-party sites.

Sam Beresford Photography makes no representation or warranty concerning the content of these web sites and accepts no responsibility or liability in respect of the material on any web site, which is not under Sam Beresford Photography control. Sam Beresford Photography is providing these hypertext links to you only as a convenience, and the inclusion of any such hypertext link does not imply an endorsement by Sam Beresford Photography of the linked site or imply any relationship between Sam Beresford Photography and the hyper-linked organisation or individual.

Use of the Site

Users agree that you will only use our web site in a way which is consistent with our terms and conditions and which complies with applicable laws and regulations. In particular you agree that you will not use our web site to upload or send any material which contains software viruses or other codes, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment or in any other manner which would interfere with or disrupt our web site. You acknowledge that our web site and any goods that you obtain from our web site are provided for your personal use only and may not be used for any commercial purposes or distributed commercially without our permission. Sam Beresford Photography reserves its right to restrict, suspend or terminate your use of this web site or any of our services at any time if we believe, in our absolute discretion, that you have breached these terms and conditions.

Sam Beresford Photography reserves its right to restrict, suspend or terminate your use of this web site or any of our services at any time if we believe, in our absolute discretion, that you have breached these terms and conditions.

Children Under 18

Sam Beresford Photography encourages all persons under 18 to consult with their parents or legal guardian before submitting any information to our site. If you are under 18, you must ask your parents or a guardian before you e-mail the website, before you ask Sam Beresford Photography to e-mail anything to you, before you send in any information or buy anything on-line. All minors are recommended to discuss these terms and conditions with their parents before any of these activities.

By continuing to use this website and any of the services offered, you are confirming that you have received the consent of your parents or a guardian. However it is the ultimate responsibility of parents or legal guardian to supervise children when on-line and to ensure that parental control tools are put in place. Anyone under the age of 18 is able to participate in competitions and promotions, but notification of a win or prize will be sent directly to the parent or legal guardian, identified in the initial registration process. Any publication of a competition winner's personal details for visitors under 18 will require parental or legal guardian consent during registration. No information collected from anyone under the age of 18 will be used for any marketing or promotional purposes.

Amending the Terms and Conditions of Use

Sam Beresford Photography may add to, change or remove any part of these Terms and Conditions of Use at any time, without notice. Any changes to these Terms and Conditions of Use or any terms shown on this website or any substitute hereof, applies as soon as they are shown. Sam Beresford Photography may add, change, discontinue, remove or suspend any other content displayed on this website, including features and specifications of products and services described or depicted on the website, temporarily or permanently, at any time, without notice and without liability.

By continuing to use this website after any changes are posted, you are indicating your acceptance of those changes.

Indemnity

You agree to indemnify and hold Sam Beresford Photography , and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable solicitor's fees, made by any third party due to or arising out of content you submit, post to or transmit through the Site, your use of the Site, your connection to the Site, your violation of the Terms and Conditions, or your violation of any rights of another person or entity.

Website availability

Sam Beresford Photography will use all reasonable endeavours to ensure that this web site is fully operational at all times. However we cannot guarantee that the web site will be fault free. In particular access to this web site may be interrupted or restricted to allow for emergency or routine repairs or maintenance to be carried out or the introduction of new facilities or services. Further, by using this website and any substitute, you acknowledge and agree that the Internet uses elements and relies upon services, input and facilities which are not within the control of Sam Beresford Photography and if Sam Beresford Photography is totally or partially prevented or delayed in the performance of any of its obligations in providing a particular service, such a situation will constitute a 'force majeure' and Sam Beresford Photography shall be excused the performance for so long as such a situation endures.

Alterations

We may amend this web site and our services any time with or without notice to you.

Miscellaneous

The Terms and Conditions together with our Privacy Policy contain the full and complete understanding between Sam Beresford Photography and you. No advice or information, whether oral or written, obtained by you through or from the web site or from any conversations with our staff will operate to vary these terms and conditions.

The Terms and Conditions of website usage together with our Privacy Policy and all contracts made under them shall endure for the benefit of any successors and assignees of Sam Beresford Photography

Copyright

All content included on this site including but not limited to web site design, text, graphics, audio clips, visual clips, logos, button icons and the selection and arrangement thereof are the property ofSam Beresford Photographyand are protected by UK, Irish and international copyright laws. All software used on this site is the property of Sam Beresford Photography and is protected by Irish, UK and international copyright laws ALL RIGHTS ARE RESERVED. Permission is granted to electronically copy and to print in hard copy portions of this Web site for the purposes of placing an order with Sam Beresford Photography and using this website as a shopping resource only. Any other use of materials on this Web Site including reproduction for purposes other than those noted above, modification, distribution, transmission, broadcasting republication, downloading or uploading without the prior written permission of Sam Beresford Photography is strictly prohibited.

Notification of Copyright Infringement

Sam Beresford Photography will, in appropriate circumstances, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been used or copied in a way that constitutes copyright infringement, please provide our Legal Department with a Notice containing the following elements:

• a physical or electronic signature of the person authorised to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
• a description of the copyrighted work or works that you claim have been infringed and which you request to be removed from the site;
• a description of the location of the material that you claim is being infringed;
• information sufficient to permit Sam Beresford Photography to contact you, such as your physical address, telephone number and e-mail address;
• a statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorised by the copyright owner, its agent, or the law;
• a statement by you that the information in your Notice is accurate and that you are the copyright owner or are authorised to act on the copyright owner's behalf.

You can notify Sam Beresford Photography of any claims of copyright infringement at the following address:
Sam Beresford Photography Ltd, Coolibah Farm, Jamestown, Piltown, Co. Kilkenny, Ireland.

Limitation of Liability

To the fullest extent permitted by applicable laws, neither Sam Beresford Photography nor any of its directors, employees, affiliates or other representatives will be liable for loss or damages arising out of or in connection with the use of, or inability to use, the materials in and/or facilities or services offered through this website, including, but not limited to, indirect or consequential loss or damages, loss of data, income, profit or opportunity, loss of or damage to property and claims of third parties, even if the Club and/or Sam Beresford Photography have been advised of the possibility of such loss or damages or such loss or damages were reasonably foreseeable. If this clause is unenforceable in whole or in part in any jurisdiction due to relevant laws, then in no event shall Sam Beresford Photography' total liability to you for all damages, losses, and claims (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing this website.

Governing Law

These Terms and Conditions and any contracts made under them are governed by and shall be governed and construed in accordance with the laws of Republic of Ireland whose courts shall be courts of exclusive competent jurisdiction. We make no representation that materials on this Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Customers who access this web site from locations outside the United Kingdom do so at their own risk and on their own initiative and are responsible for compliance with local laws, to the extent that any local laws are applicable. Nothing in these Terms shall in any way be deemed to restrict or affect your statutory rights under the law of Northern Ireland.

Disclaimer

Sam Beresford Photography has taken all reasonable care in the preparation of the contents on this web site, but makes no representation or warranty of any kind with respect to the operation of the site or the information, content, materials, or products included on this site. To the extent permitted by applicable law, Sam Beresford Photography makes no warranty, express or implied, as to the accuracy, completeness or currency of the information contained in any of the materials on this web site. Sam Beresford Photography reserves the right to change price and availability information without notice.
Sam Beresford Photography shall not be liable to any person for any loss or damage that may arise from the use of any of the information contained in any of the materials on this web site.

Sam Beresford Photography reserves the right to decline orders for bulk or high value purchases.
No exclusions of Sam Beresford Photography' liability in these Terms shall apply to any damages arising from death or personal injury caused by the negligence of Sam Beresford Photography or any of its directors, employees or agents or fraudulent mis-statement.

Complaints and Comments

If you have any complaints, queries or comments about our web site or our products supplied to you, please contact

info@samberefordphotography.com

You can write to us at

Sam Beresford Photography Limited
Coolibah Farm
Jamestown
Piltown
Co. Kilkenny
Ireland

Privacy Policy for Sam Beresford Photography Limited Website/s. Policy concerning collection of Personal Information

The privacy policy specifically deals with the use and protection of personal information supplied. If you do not agree to these terms, please do not access or use this site. Visitors continuing to access and or use our site are agreeing to our Online Privacy Policy, as outlined below. We treat your privacy very seriously. Sam Beresford Photography' Privacy Policy provides details about the type of information we may collect from you and details of how we may use this information.

When visitors engage in certain activities on our site/s, such as e-news, entering contests, making enquiries or ordering products your personal profile is maintained in a secure file server. Personal details include your name, contact details and address. Thereafter we continue to update our customers on matters such as products offers, news updates and events. In situations where the Sam Beresford Photography may give you the option to subscribe to its email service which will update you with news or information which it considers to be of interest to you, your use of the content received through the email service will be subject to these Terms and Conditions of Use. It is completely optional at any time for customers to be removed from our mailing list and the option to be removed will be included in all communications. In return for allowing you to use the Sam Beresford Photography web site and benefiting from our services, you agree that any information you provide us about yourself at any time will be true, accurate, current and complete and that you will ensure that this information is kept accurate and up to date. If incorrect information is supplied any contractual obligation Sam Beresford Photography has is immediately null and void. For on-line orders we use a Secure Payment System Paypal and Sam Beresford Photography does not hold any customer credit card details. (See Data protection paragraph)

Data Protection Policy.

Sam Beresford Photography will hold and use your personal data strictly in accordance with data protection rules as set by the Data Protection Commissioner (www.dataprotection.ie )

1. Obtain and process the information fairly

2. Keep it only for one or more specified and lawful purposes

3. Process it only in ways compatible with the purposes for which it was given to you initially

4. Keep it safe and secure

5. Keep it accurate and up-to-date

6. Ensure that it is adequate, relevant and not excessive

7. Retain it no longer than is necessary for the specified purpose or purposes

8. Give a copy of his/her personal data to any individual, on request.

Sam Beresford Photography uses online bank secure servers provided by Paypal and does not hold any customer card details on any Sam Beresford Photography server at any time. When you are asked to enter any personal details or credit card information the web site will be secure. This is easily identifiable by a locked icon in the browser window. Your card number will be encrypted and replaced by a unique transaction reference number. Personal information other than credit card details are maintained in a password protected internal secure server, accessible only by a limited number of authorised employees.

Non- personal communications

If you send communications or materials to this website by electronic mail or otherwise, concerning any comments, questions, suggestions or the like, all such communications are, and will be treated as, non-confidential and non-proprietary. Thus, you give up any claim that any use of such material infringes any of your rights including moral rights, proprietary, or any other right, including the right to approve the way in which Sam Beresford Photography uses such material. Please note that this provision does not relate to any personal data that you submit which will be dealt with in accordance with the provisions of the Privacy Policy above.

Use of Cookies on our site

Sam Beresford Photography uses Google analysis to measure and track visitor activity on our website. Visitors can navigate the site anonymously and access important information without revealing your identity. However, in order to provide a better service, we may use "cookies" to track anonymous visitors. Cookies are used on most major websites to arrange content to match your preferred interests more quickly. On our website we use cookies for the following:

Online Shop Cookies:

• To allow you to carry information across pages of our site and avoid having to re-enter information.
• Within registration to allow you to access stored information.
• To apply discounts dependent on your point of entry into the site.
• To allow you to maintain a shopping basket.

On-line Sales Transactions for Sam Beresford Photography Website/s.

Purchasing on line

Sam Beresford Photography operate an on-line store for direct purchases and we also have desk sales team available during normal working hours to take any enquiries concerning enquiries, ordering and or making payments on line. Our staff will address any questions you might have about delivery of your products, your right to cancel orders or return faulty products to us and our quality assurance.

Cancellation of Orders

During the online purchase process you can choose to cancel the order by choosing the 'Cancel Order' link on our site.

Missing or delayed items

Please note that we will need to wait 21 days before being able to trace, replace or refund lost items.

Should your order not reach you within the times quoted above, please accept our apologies and contact our Customer Service Department who will be happy to assist (contact details below) quoting your order number (contained in the automated email sent following online purchase).

Delivery Costs

Delivery costs are clealy stated on the cart page and when you are purchasing from our site.

Delivery Times

All photos are printed as ordered are received and will be dispatched in a prompt order.

Returns

We are committed to selling high-quality products meeting customer's total satisfaction. However, we are aware that for one reason or another there may be a need to exchange or return your purchase. To arrange return please contact us at:
info@samberesfordphotography.com

Lead time

It can take up to 14 days for a return to us via An Post or alternatively call our help desk to make alternative arrangements. All returns should include order number and be addressed to;

Sam Beresford Photography
Coolibah Farm
Jamestown
Piltown
Co. Kilkenny
Ireland

Non-refundable

We regret we are unable to offer a free returns service for orders delivered outside of ROI & NI.