Emma O'Brien Photography

Conditions of Use

Terms & Conditions
These terms and conditions govern the sale of products by us (Emma O'Brien Photography) to you on the emmaobrienphotography.com website. These terms and conditions constitute the entire agreement between Emma O'Brien Photography - Jersey and you.

Please note that Emma O'Brien Photography items are listed for sale via the Zen Cart platform on the emmaobrienphotography.com website. Other terms and conditions apply to your use of the Zen Cart platform and the emmaobrienphotography.com website. Your use of the PhoenixArtDesign.com website is subject to emmaobrienphotography.com's Conditions of Use.

Your use of the Zen Cart platform is subject to the terms and conditions applicable to "Buyers" under the Marketplace Participation Agreement ("Participation Agreement"). Except as otherwise specified below (see paragraph 2 below), Emma O'Brien Photography is not, and will not be deemed to be, a "Seller" for the purposes of the Participation Agreement.

Please read these conditions carefully before purchasing Emma O'Brien Photography products. By ordering our products, you signify your agreement to be bound by these terms and conditions.

1. Our contract
When you place an order to purchase a product from us through the Zen Cart platform, you will be sent an e-mail confirming receipt of your order and setting out the details of your order. Your order represents an offer to us to purchase a product, which is accepted by us when we send e-mail confirmation stating that we've dispatched that product to you (the "Dispatch Confirmation E-mail"). That acceptance will be complete at the time we send the Dispatch Confirmation E-mail. Any products on the same order which have not been confirmed in a Dispatch Confirmation E-mail as having been dispatched do not form part of that contract.

2. Payment
All payments between us and you will be made via the PayPal Payments service or via personal cheque. Your use of the PayPal Payments service is governed by and subject to the Participation Agreement. (For the purpose of Clause C.2.1 of the Participation Agreement only, Emma O'Brien Photography is deemed to be a Seller).

3. Returns
Please review Emma O'Brien Photography' Returns Policy, which applies to products purchased from us. In addition to your 30-day returns guarantee, customers in the European Union are entitled to a statutory cooling-off period of seven business days. Details of this statutory right and an explanation of how to exercise it are provided in the order confirmation e-mail and in the Returns Policy.

4. Pricing and availability
We list availability information for products sold by us on the Zen Cart platform. We cannot be more specific about availability. Please note that dispatch estimates are just that. They are not guaranteed dispatch times and should not be relied upon as such. As we process your order, we will inform you by e-mail if any products you order turn out to be unavailable.
Despite our best efforts, a small number of the products in our catalogue are mispriced. If a product's correct price is lower than our stated price, we charge the lower amount and send you the product. If a product's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before dispatch or cancel your order and notify you of such cancellation.

5. Ownership and title
All ownership, title and risk of loss and/or damage in the product you have purchased shall pass to you at the point and time at which such product leaves our premises in Jersey.

6. Customs
If your delivery address is outside Jersey, the addressee will be the importer of record and must comply with all laws and regulations of the country into which the products are delivered. The product may be subject to import duties and taxes, which are levied once the package reaches the country of delivery. Any such additional charges levied for customs clearance must be borne by you. Please note that we have no control over these charges and cannot predict what they may be at any time in the future. If you have purchased products for delivery to the UK which have a cumulative value of 18 or less, you may be eligible for an exemption from duty and/or VAT on importation of such products into the VAT territory of the UK.
Customs policies vary widely from country to country; please contact your local customs office for further information. Please note that packages which are being shipped internationally are subject to opening and inspection by customs authorities.

7. Privacy
Please review our Privacy Notice, which also governs your relationship with Emma O'Brien Photography, to understand our practices.

8. Children
Emma O'Brien Photography does not sell products for purchase by children. We sell children's products for purchase by adults. If you are under 18, you may purchase products from us through the Zen Cart platform only with the involvement of a parent or guardian.

9. Other businesses
We may provide links to the websites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of any of these businesses or individuals, or the content of their websites. Emma O'Brien Photography does not assume any responsibility or liability for the actions, products, and content of any of these and any other third-parties.

10. Electronic communications
When you transact with Emma O'Brien Photography or send e-mails to us, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on the emmaobrienphotography.com website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

11. Losses
Emma O'Brien Photography will be responsible for any losses you suffer as a result of us breaching these conditions if the losses were reasonably foreseeable to both you and us when you submitted your order to us, or a contract for the sale of goods by us to you was formed. We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you submitted your order to us or when a contract for the sale of goods by us to you was formed. Emma O'Brien Photography does not limit in any way our liability by law for death or personal injury caused from our negligence or breach of duty.

12. Alteration of service or amendments to the conditions
We reserve the right to make changes to our policies, and these terms and conditions at any time. You will be subject to the policies and terms and conditions in force at the time that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

13. Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control including but not limited to any statutory changes or rulings by any act or customs authority affecting the customs duty payable by you. This condition does not affect your statutory rights.

14. Waiver
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

15. Governing law and jurisdiction
Your relationship with us is governed by and construed in accordance with the laws of Jersey. You agree, as we do, to submit to the non-exclusive jurisdiction of the Courts of the Island of Jersey.

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