1. STATUS OF TERMS
- 1.1 These terms constitute a legal document (“the Agreement”), which sets out the rights and obligations of you as a purchaser (“you”), and those of O’ Leary’s Camera World Ltd ( “we” or “us”), in relation to the services and products offered by us through this site or any of the other sites owned by us. By registering for O’ Leary’s Camera World Ltd services, you agree to the terms of this Agreement, and you re-affirm that agreement every time you use any of our services.
- 1.2 You agree to provide true, accurate, current and complete information about you as prompted by our registration form (such information being the “Registration Data”); and promptly update the Registration Data to keep it true, accurate, current and complete.
- 1.3 If you provide any information that is untrue, inaccurate, not current or incomplete, or O’ Leary’s Camera World Ltd has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, O’ Leary’s Camera World Ltd has the right to suspend or terminate your transactions, cease supply and refuse you any and all current or future use of the O’ Leary’s Camera World Ltd website (or any portion of it).
2. PLACE OF PERFORMANCE AND APPLICABLE LAW O’ Leary’s Camera World Ltd is a company registered in the Republic of Ireland (VAT number IE 4698545). Unless otherwise specified, the materials on this site are directed solely at those who access this site from the Republic of Ireland. O’ Leary’s Camera World Ltd makes no representation that any product referred to in the materials on this site is appropriate for use, or available, in other locations. Those who choose to access this site from other locations are responsible for compliance with local laws if and to the extent local laws are applicable. Irish law shall govern this Agreement. You and we each submit to the exclusive jurisdiction of the Irish courts in relation to disputes arising out of this Agreement.
3. PLACING AN ORDER
- 3.1 A notice will be displayed on your web browser before you submit an order with O’ Leary’s Camera World Ltd. This contains important information such as a description, price and delivery charges pertaining to the good or services ordered. O’ Leary’s Camera World Ltd suggests that you print off a hard copy of the notice or save a copy to your hard drive for your own records.
- 3.2 Goods supplied to you by O’ Leary’s Camera World Ltd will correspond with their prices and description (subject to E & OE). If at any time this is not the case O’ Leary’s Camera World Ltd should be notified as soon as possible and we will give you the right to reject the goods within a reasonable time period for a full refund.
- 3.3 In the unlikely event that an incorrect price is shown on our website O’ Leary’s Camera World Ltd reserves the right to abstain from fulfilling the order at that price and any moneys taken as payment will be refunded in full. You will of course be notified, and at which point you will be informed of the correct price, and given the choice to proceed with the order.
4. RETURNS POLICY
Subject to the right of Consumers to return goods for refund under Sale of Goods and Supply of Services Act, 1980 and Distance Selling Regulations, O’ Leary’s Camera World Ltd does not sell products on a trial basis. Customers are strongly advised to check suitability and specifications of products before ordering.
- 4.1 Cancellations – You have the right to cancel your purchase at any time either before or up to 7 days following the day you receive the goods by: • e-mailing us at [email protected] stating your name, a description of the goods or services concerned and the order number of the cancelled order, or • phoning us on 021 4273988 (Monday to Friday from 9am to 6pm, from 9am to 5.30pm on Saturdays, excluding public holidays) – please have your order reference number and delivery details to hand.
- 4.2 If you exercise your right to cancel your order after the goods have been dispatched, you will be responsible for returning the goods to O’ Leary’s Camera World Ltd at your own risk and cost, therefore, we strongly recommend you use an insured delivery method. All returns are subject to the following conditions, except where the goods are faulty or incorrectly described on the website. • Your product must be complete and in ‘as new’ condition (e.g. if you have opened the box to examine the product you must have done so without damaging or marking the product or packaging). • It must not have been used or installed. It should be returned with the original box, packing and accessories you received with it. • Software, memory cards, DVDs, and Pre-recorded videotapes can only be accepted if still sealed. This policy is to avoid any potential breach of the Copyright and Related Rights Act 2000. All opened software is exempt from return under the terms of the European Directive on Distance Selling (Directive 97/7/EC). Software that arrives damaged or is physically faulty may be returned under our normal returns policy. • This offer does not apply to film, developing or printing services. • A proof of purchase must be supplied. • You must return any free gifts or accessories which came with the product. • We will not refund any items that have been specially ordered to your individual specification or which have been personalised. • Where we have made a charge for postage, this will be deducted from your refund if the goods have been despatched to you.
- 4.3 You cannot cancel your purchase when: • the seal has been broken on any videotapes, DVDs, CDs, memory cards, or software; or • the goods were a special order to your specification; Until such time as you return the goods to us you must take reasonable care of the item(s) and not use them. Any use of the delivered goods beyond that necessary to inspect the goods upon delivery will invalidate your right to cancel the contract.
- 4.4 Authorising the Return You must prior to returning any goods received, contact O’ Leary’s Camera World Ltd on 021 4273988 or e-mail us at [email protected] stating your name, a description of the goods or services concerned and the order number of the cancelled order. Failure to do so will result in a delay in processing your refund or the product being returned to you. All authorised returns must be returned to O’ Leary’s Camera World Ltd, Returns Dept, 90 Oliver Plunkett St, Cork.
- 4.5 Faulty or incorrectly described Goods You will always have the option of an exchange if the fault occurs within 14 days of delivery. If there is a fault with your product within 6 months of delivery but after the first 14 days, we will always offer a repair in the first instance, with exchange only being a secondary option following consultation with the manufacturer’s repair agent. After 6 months but within 12 months we will offer a repair only. In all cases we reserve the right to inspect the product and verify the fault and, if no fault is found return the product to you. No refund will be processed until the returned goods have been received by ourselves and an appraisal made as to any fault.
- 4.6 To qualify for a refund or exchange the products must be: • in otherwise “as new” condition; and • be complete with any accessories, free gifts offered with it and, the original box and packaging and warranty.
- 4.7 Following us receiving your instruction to cancel your order you will be refunded within 30 days.
- 4.8 This promise does not cover faults caused by accident, neglect, misuse or normal wear and tear.
- 4.9 Any refund due to a fault or other defect within the first 6 months of purchase will include a refund of the delivery charge. We will also pay for your costs of returning the goods for replacement or refund providing you have not had the goods longer than 6 months. Outside of 6 months you will be responsible for covering the costs of returning the goods, we strongly recommend you use an insured method of shipping.
- 4.10 THIS RETURNS POLICY DOES NOT AFFECT YOUR LEGAL RIGHTS. DETAILS OF YOUR LEGAL RIGHTS ARE AVAILABLE FROM THE CITIZENS INFORMATION BOARD.
5. CONTENT
- 5.1 O’ Leary’s Camera World Ltd shall not be liable to any person for any loss or damage, which may arise from the use of any of the information contained in any of the materials on this site. O’ Leary’s Camera World Ltd will only be liable for consequential losses within the contemplation of the parties.
- 5.2 Certain links in this site (typically a banner advert or icon) will lead to sites, which are not under the control of O’ Leary’s Camera World Ltd. When you activate any of these you will leave the O’ Leary’s Camera World Ltd site and we have no control over the information which may be displayed. O’ Leary’s Camera World Ltd will accept no responsibility or liability for the material on any site which is not under the control of O’ Leary’s Camera World Ltd.
6. LIMITATION OF LIABILITY
- 6.1 Nothing in this Agreement shall affect the statutory rights of any consumer or exclude or restrict any liability for death or personal injury arising from the negligence or fraud of O’ Leary’s Camera World Ltd, its staff or agents.
- 6.2 Subject to clause 6.1, you agree that O’ Leary’s Camera World Ltd shall not be liable either in contract, tort, negligence, statutory duty or otherwise, for any direct loss or damage (including loss or damage which is reasonably foreseeable or occurs naturally in the course of things) resulting from any acts, omissions, failures or delays occurring on or in relation to those parts of the Internet not under O’ Leary’s Camera World Ltd direct control including, without limitation, damage for loss of business, loss of sales, non payment of sums due, loss of profits, business interruption, loss of reputation, loss of business information, or any other pecuniary loss (even where O’ Leary’s Camera World Ltd has been advised of the possibility of such loss or damage).
- 6.3 The only liabilities that O’ Leary’s Camera World Ltd can exclude are those arising from the following.
- 6.3.1 In cases where losses were not foreseeable to both parties when the contract was formed.
- 6.3.2 Where losses were not caused by any breach on the part of O’ Leary’s Camera World Ltd.
- 6.3.3 For any business losses, and/or losses to non-consumers.
7. DELIVERY
Orders received by 2pm are normally dispatched the same day for next day delivery (weekends can incur an extra charge or delay). We guarantee all orders will be received within 30 days. If O’ Leary’s Camera World Ltd cannot deliver within 30 days you will be notified immediately to arrange another time for delivery, or if you would prefer, to cancel your order.
8. COMPLAINTS HANDLING PROCEDURE
In the unlikely event that you have any complaints as to our service or any of the goods and services supplied to you from our site, please contact us by either: • Email: [email protected] • Phone: 021 4273988 • Fax: 021 4275961 • Or write to: O’ Leary’s Camera World, 90 Oliver Plunkett St, Cork.
All complaints are taken seriously and will be investigated as soon as they are brought to our notice. We will endeavour to rectify any problems as soon as possible.
9. COPYRIGHTS
All designs, text, graphics and their selection and arrangement on this site are the copyright of O’ Leary’s Camera World Ltd, Macrado or another content provider. As a visitor to the O’ Leary’s Camera World Ltd site you are licensed to copy electronically or to print portions of this site for your own personal, non-commercial use. Any other use of materials on this site without O’ Leary’s Camera World Ltd’s prior written consent is strictly prohibited.
10. SOFTWARE
- 10.1 Intellectual property rights in any software or any other copyrighted materials (“Software”) and supporting documentation supplied by us to you remain our property or that of our licensors.
- 10.2 Without our written consent and without affecting any applicable statutory rights under the Copyright and Related Rights Act 2000 you shall not and shall not permit any other person to:
- 10.2.1 disassemble, reverse engineer, decompile or in any other way interfere with the Software;
- 10.2.2 copy or modify the Software; or
- 10.2.3 create any new Software partly or wholly based on the Software.
- 10.3 Subject to the terms of this Agreement, you are licensed to use the Software and associated documentation non-exclusively, but only for the purposes identified on the site in relation to the Software.
- 10.4 You must not transfer, assign or sub-license your right to use the Software or attempt to do so.
- 10.5 Use of any software may also be governed by licensing terms as stipulated by the producers of the software and the terms of this Agreement operate in addition to rather than in replacement of the licence stipulations set out by the producer, details of which can be obtained directly from them.
11. MATTERS BEYOND OUR REASONABLE CONTROL
O’ Leary’s Camera World Ltd shall not be held liable for any breach of this Agreement caused by circumstances out of its control including, but not limited to, Acts of God, fire, lightening, flood, or extremely severe weather, explosion, war, disorder, flood, industrial disputes (whether or not involving our employees), acts or omissions of Internet services providers or acts of local or central Government or other competent authorities.
12. LANGUAGE
In the event of conflict or inconsistency between the terms of the English language version of any communications sent by O’ Leary’s Camera World Ltd, including this Agreement, and any translation provided by us, the English language version shall prevail.
13. COMPETITION RULES
Unless otherwise specified the following conditions apply to all competitions run from this site.
- 13.1 No purchase necessary
- 13.2 One entry per person only, no bulk or third party entries will be accepted.
- 13.3 Competitions are open to all residents of the island of Ireland, except employees of O’ Leary’s Camera World Ltd, the companies or organisations with whom the competition is being run, their agents or anyone directly connected with the competition.
- 13.4 Postal entries for the competition should be sent to O’ Leary’s Camera World Ltd, 90 Oliver Plunkett St, Cork. Please provide us with your name, address, telephone number and the competition you are entering. Illegible entries will be deemed void.
- 13.5 No responsibility can be accepted for entries lost, delayed, or have insufficient postage applied or damaged in the post. Proof of delivery will not be accepted as proof of receipt.
- 13.6 Prizes are as stated only and no cash alternatives will be given. However, O’ Leary’s Camera World Ltd retains the full and free right to alter prizes as required should circumstances change.
- 13.7 In the case of prize draws, winner(s) will be chosen at random from all valid entries and will be notified within four weeks of the closing date.
- 13.8 The name(s) of prizewinner(s) will be made available to those who send an S.A.E. to the competition entry address.
- 13.9 All entrants to competitions and offers are deemed to have accepted these rules and agree to co-operate in any future publicity that may arise.
- 13.10 The closing date for receipt of entries is as stated for each competition where applicable.
14. GIFT VOUCHERS
- 14.1 O’ Leary’s Camera World Ltd Gift Vouchers supplied by this website are denominated in Euros which can be redeemed over the counter in our Oliver Plunkett St store only.
- 14.2 Gift Vouchers cannot be exchanged for cash (cash value per voucher €0.001), and are not valid unless endorsed and recorded on our system at the time of purchase.
- 14.3 Gift Vouchers can be used as payment or part-payment on any orders placed, no cash refund will be given if the value of the Gift Voucher has not been used in full but the residual value may be retained for use on a later transaction.
- 14.4 Gift Vouchers must be presented in store at the time of purchase.
- 14.5 Gift Vouchers cannot currently be redeemed online.
- 14.6 Gift Vouchers will be sent to the delivery address as specified when the order is taken. O’ Leary’s Camera World Ltd Gift Vouchers will normally be sent out using An Post Letter Post unless an alternative is specifically requested before the order is accepted.
- 14.7 Gift Vouchers will normally be despatched within two working days. Where possible, we will try to meet all delivery requirements but O’ Leary’s Camera World Ltd shall not be liable for any loss incurred either directly or indirectly by failure to meet the delivery date and time indicated at the time of the order being placed. ‘Loss’ in this instance includes, but is not limited to, compensation for loss of profit, damage to goodwill and any damages, charges or other expenses.
- 14.8 O’ Leary’s Camera World Ltd has no liability for lost, stolen or damaged vouchers once responsibility of ownership has passed to the customer at time of delivery.
- 14.9 If O’ Leary’s Camera World Ltd are notified about a voucher which has been lost or stolen then a replacement may be issued at the managers discretion, but only for the amount which remains unspent as recorded on our system.
- 14.10 Gift Voucher values should be checked immediately upon receipt, any discrepancies must be notified immediately by telephoning 0214273988 (Monday to Saturday 9.30am to 5.30pm). O’ Leary’s Camera World Ltd cannot be held responsible for shortage or loss of any vouchers not notified to us within three days of delivery.
- 14.11 Cleared payment is required prior to the despatch of the Gift Vouchers. Postage Charge for sending Gift Vouchers is free, however if your order includes other goods, the postage and packing fee will be adjusted according to the value, size and weight of the other goods.
- 14.12 O’ Leary’s Camera World Ltd Gift Vouchers which are defaced, altered or cancelled will not be accepted for redemption.
- 14.13 Where a refund is due on an order (partly) paid for by Gift Vouchers, the refund will be generated by Gift Vouchers to the value of the original Gift Vouchers.
- 14.14 We reserve the right to change the Terms and Conditions at any time.
15. O’ LEARY’S CAMERA WORLD LTD PRIVACY POLICY
Due to the ordering process certain information given by you at the time of ordering is collected lawfully and in accordance with the Data Protection Acts 1998 to 2003, solely by O’ Leary’s Camera World Ltd. O’ Leary’s Camera World Ltd does not disclose any customer information to any third parties. The information is used only for the purpose of processing your request and to communicate with you on any matters relating to the provision of the service in general. Information and statistics may also be used for the purpose of monitoring site usage. These statistics will not include any information that can be used to identify any individual.
Cookies may be used on this shopping site;
• To keep track of the contents of your shopping cart once you have selected an item.
• To keep track of products you have viewed to enable us to tailor advertising based on your browsing behaviour, in doing so we do not capture any personalised information that would enable us to identify the user.
16. Payments
All payments are processed through Paypal’s/Stripes secure server. O’ Leary’s Camera World Ltd never receive or retain your card details at any time. Please see Paypal’s Privacy Policy here: https://www.paypal.com/ie/webapps/mpp/ua/privacy-full?locale.x=en_IE for further information. A Paypal account in not necessary to make a purchase. See Stripe’s terms and conditions here: https://stripe.com/en-ie/checkout/legal