Terms & Conditions

Before you register with Photo Master through our web site, or prior to placing an order, you must read and agree to these Terms and Conditions. By using the Photo Master services (the “Service(s)”), you agree to be bound by the Terms and Conditions and you agree that these are enforceable as if they were a written negotiated agreement signed by Photo Master and you.

Photo Master may, in its sole discretion, modify or revise the Terms and Conditions at any time without notice to you, and you agree to be bound by such modifications or revisions. Unless explicitly stated otherwise, any new features that augment or enhance our current Services shall be subject to the Terms and Conditions. Continued use of the Service after any such changes shall constitute your consent to such changes. Your use of the Service is at your sole risk.

1. Description of Photo Master services-
a) Conversion of a customer’s image/s to canvas, stretching over a frame.

b) Integration of a customer’s image/s into an image from our collection and printing on canvas.

c) Restoration and/or colourisation of old, faded, damaged or torn images.

d) Delivery to the customer via third-party delivery and/or courier services. Your use of the Service is at your sole risk. The service is provided on an AS IS and AS AVAILABLE basis.

e) Supply of digital file/s with hard copy of processed image/s

2. Eligibility-
You must be over 18 years of age and provide your current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Service. You are responsible for maintaining the confidentiality of your Service password and account, and are responsible for all activities that occur there under. Photo Master reserves the right to refuse service to anyone at any time without notice for any reason.

3. Proper use-
You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorise or encourage any third party to:

(a) use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by Photo Master

(b) use the Service for any fraudulent or inappropriate purpose, resell, duplicate, reproduce or exploit any part of the service without the express written permission of Photo Master.

(c) use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service.

Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences.

4. Artwork supplied-
Photo Master cannot be responsible for the final outcome of a print if the artwork you supply is of inferior quality or not suitable for a print size required by yourself. At no additional cost Photo Master will enhance images to include exposure correction, red eye removal and date-stamp removal. We will do our best to give you a quality finish but we cannot be held responsible for the end product if your supplied photograph or artwork is poor. It is your responsibility to ensure that all colours, sizes and cropping areas are indicated and where necessary corrected. Photo Master can process low-quality images or photos only if asked by you and subject to the rates on our site.

Photo Master will print artworks exactly as supplied by you, the client, unless otherwise requested.

5. Right to refuse artwork-
Photo Master hold the right to refuse artwork which is deemed of very low quality or in contradiction with our business morals and principles. This may include, but is not limited to, racially discriminating pictures, pornography, poor artwork, immoral or illegal materials.

6. Modification to fees and services-
Photo Master reserves the right to modify, suspend, or discontinue the Service at any time for any reason with or without notice. Photo Master reserves the right to change Service fees upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Photo Master site or the Service itself.

7. Copyright and intellectual property rights-
You acknowledge that Photo Master owns the rights, title and interest in and to the Service, including without limitation all intellectual property rights, and such rights are protected by international intellectual property laws. You agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. Where Photo Master has designed goods for you, then the copyright in those designs and drawings shall remain vested in Photo Master, and shall only be used by you at Photo Master’s discretion. You warrant that all designs or instructions to Photo Master will not cause Photo Master to infringe any patent, registered design or trademark in the execution of your order. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. Photo Master claims no intellectual property rights over the material you provide to the Service.

8. Warranties and Liability-
Photo Master does not warrant that:

(i) the Services will meet your requirements or expectations,

(ii) the Service will be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data,

The Services are provided to you strictly on an “as is” basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third -party rights, are hereby disclaimed to the maximum extent permitted by applicable law. You expressly understand and agree that Photo Master shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Photo Master has been advised of the possibility of such damages), resulting from your usage of the Service.

9. Indemnification-
You agree to hold harmless and indemnify Photo Master, and its affiliates, officers, agents, and employees from and against any third-party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and legal fees, of every kind and nature. In such a case, Photo Master will provide you with written notice of such claim, suit or action. The failure of Photo Master to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. The Terms and Conditions constitute the entire agreement between you and Photo Master and govern your use of the Service,

10. Customer’s disclaimer-
You hereby disclaim any right to rescind, or cancel the contract or to sue for damages or to claim restitution arising out of any misrepresentation made to you by Photo Master, and you acknowledge that the goods are bought relying solely upon your skill and judgment, superseding any prior agreements between you and Photo Master (including, but not limited to, any prior versions of the Terms and Conditions).

11. Cancellation policy-
For our Artwork for Sale Range of Prints, you may cancel your order within seven days of receiving the prints. However, you will need to pay for returning the goods to us in a secure fashion.

Because our Personalised Art Photo to Canvas prints (this includes the 16 styles, fun photo conversion, restoration, and any other digital editing) are uniquely customised, you can only cancel your order if we have not yet printed your print, and you will need to pay a 50% cancellation fee. If your print has already been printed, you will be charged in full for your order.

In the case of our Personalised Art Photo image editing, our artist will start working immediately we receive your order; therefore, the fee is non-refundable. However, if we find that the image is not suitable for any reason, you will receive a full refund. Should you cancel your order at a point when the image has not yet been produced, you will also receive a refund, excluding the digital editing fee.

12. Image proofing-
Photo Master will send you a soft copy proof via the e mail address that you provided during registration. After receipt of same you can make one (1) change/alteration at no additional cost to you. Thereafter all further changes will incur a charge. If you provide a completely new image for processing then you will be charged the full amount for your chosen style again. Therefore, you should ensure you are completely happy with the image supplied before we start work. All artworks are provided as a bespoke service to the client on a one-to-one basis, based on the designs shown on this site. You, as the customer, give the artist responsible full creative title to recreate the said artwork based on your size and style requests to the best of his/ her ability.

Due to the bespoke status of these artworks, items that are delivered as described and in good condition may not be returned but damaged items will be exchanged free of charge. We reserve the right to charge for re-posting returned orders, that have been especially produced to meet your personal requirements.

13. Image cropping and gallery wrapping-
To fit your photo onto the specified canvas size we will often have to crop the original photo. We will do this with the utmost sensitivity to retain the original feel of the image but we will not be held responsible for cropping out any part of the image. If there are specific parts of the photo that you would like to keep on the front of the canvas you should let us know in advance.

14. Delivery-
We will do our best to deliver your products in the quickest possible time, usually 10-14 working days. Photo Master does not have any control over postal services or courier companies. Some deliveries may be delayed due to your location, accidents or local disruptions. In these instances, Photo Master will not be liable for any consequential loss. Please ensure that you inspect your delivery immediately upon receipt. Photo Master will not accept liability for missing or damaged items unless this is brought to the attention of Photo Master within one (1) hour upon receipt by you.

15. Loss or damage-
Photo Master shall not be responsible for any loss or damage to your product during transport beyond the value of the invoice and what you have paid us.

16. Discrepancies-
Any discrepancies in the final work delivered to you must be reported to Photo Master within 24 hours of receipt.

17. Use of Images-
Photo Master may use your finished image on our web site, our partners’ web sites, exhibition stands and in publicity and marketing material.

18. Quality of finished prints-
We take all possible measures to ensure that your finished product will be lightfast. However you understand and accept that this can not be guaranteed by Photo Master, or our suppliers. Digital proofs supplied may vary from the finished print provided as digital images will vary in vibrancy, colour tone and other variables due to fluorescence and other factors. For full details please visit our web site at www.photomaster.ie

19. Care of your product-
Please ensure that your finished product is not exposed to excessive heat as this may cause the frame (timber) to warp. Photo Master takes no responsibility whatsoever for any warping that may occur.

20. Price and payment.
Prices for styles are only for head and shoulders. Our quoted prices and those as published on our website are inclusive of VAT at the current rate. All orders of products are pre-paid only and may be done so by any one of the following methods:-

i) via the shopping cart,

ii) by cheque*,

iii) by bank transfer,

iv) by PayPal.

* Should you decide to pay by cheque, then orders shall not be processed until Photo Master are in receipt of cleared funds into our bank account.

21. Payment security-
Our Payment Service Provider is Sage Pay (formally Protx). Sage Pay provides a secure payment gateway (Level 1 PCI DSS), processing payments for thousands of online businesses. It is Sage Pay’s utmost priority to ensure that transaction data is managed in a safe a secure way. All transaction information passed between merchant sites and Sage Pay’s systems is encrypted using 128-bit SSL certificates. No cardholder information is ever passed unencrypted and any messages sent to your servers from Sage Pay are signed using MD5 hashing to prevent tampering. You can be completely assured that nothing you pass to Sage Pay’s servers can be examined, used or modified by any third parties attempting to gain access to sensitive information. In addition, you know that your session is in a secure encrypted environment when you see https:// in the web address and/or when you see the locked padlock symbol alongside the URL. So, when buying through our site, you can be sure that you are fully protected. For more information about shopping securely with Sage Pay, please visit www.sagepay.com/shoppers

22. Photo Competition
By taking part in the competition the user agrees with the following:
1. You are 16 or over
2. You are a registered user at www.photomaster.ie
3. Only registered users can participate and/or vote
4. Only one entry per user per competition
5. The user can only vote on one image per competition
6. All images are subject to admin approval
7. The image must NOT be of nude, immoral, discriminating or in any other way of an assaulting or offensive nature.
8. The user owns the copyright of their posted imaged.
9. We at photomaster.ie have a right to refuse any image without any explanation
10. Free canvas is to be sent to addresses in Ireland (ROI) only.
11. Images taking part in the competition may be posted at social networks: FB, Tweeter, and G+.

If you have any questions or if you wish to discuss the Terms and Conditions contained herein, please contact Photo Master.

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