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Terms and Conditions

 

Terms & Conditions

1. Status of Terms 2. Place of performance and applicable law 3. Placing an order 4. Returns Policy 5. Content 6. Limitation of Liability 7. Delivery 8. Complaints handling procedure 9. Copyrights 10. Software 11. Matters Beyond our Reasonable Control 12. Language 13. Competition Rules 14. Gift Vouchers 15. Bermingham Cameras Privacy Policy 16. Site Security

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 Bermingham Cameras (Strazo Ltd) ("Bermingham Cameras", "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 Bermingham Cameras 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 Bermingham Cameras has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Bermingham Cameras has the right to suspend or terminate your transactions, cease supply and refuse you any and all current or future use of the Bermingham Cameras website (or any portion of it). 2. PLACE OF PERFORMANCE AND APPLICABLE LAW

Bermingham Cameras (Strazo Ltd) is a company registered in the Republic of Ireland (VAT number IE 8275991C). Unless otherwise specified, the materials on this site are directed solely at those who access this site from the Republic of Ireland. Bermingham Cameras 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 Bermingham Cameras. This contains important information such as a description, price and delivery charges pertaining to the good or services ordered. Bermingham Cameras 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 Bermingham Cameras will correspond with their prices and description (subject to E & OE). If at any time this is not the case Bermingham Cameras 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 Bermingham Cameras 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, Bermingham Cameras 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 sales@berminghamcameras.ie stating your name, a description of the goods or services concerned and the order number of the cancelled order, or

Phoning us on 01-6772205 (Monday to Saturday from 9am to 5.30pm 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 Bermingham Cameras at your own risk and cost, therefore, we strongly recommend you use an insured delivery method such as An Post Parcel Service or Nightline Couriers. 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, Books, 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 or film related products. 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, Books, 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 Bermingham

Cameras on 01-6772205 or e-mail us at sales@berminghamcameras.ie 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 Bermingham Cameras Returns Dept, 9 Burgh Quay, Dublin 2. 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. After this, but within the period of the manufacturer warranty we will offer a repair. 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 Complete with any accessories, free gifts offered with it and, (if

possible) 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 will not include delivery charges. You will be responsible for returning the goods to us. We would recommend a “signed for” courier service with proof of delivery. 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 Bermingham Cameras 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. Bermingham Cameras 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 Bermingham Cameras. When you activate any of these you will leave the Bermingham Cameras site and we have no control over the information which may be displayed. Bermingham Cameras will accept no responsibility or liability for the material on any site which is not under the control of Bermingham Cameras. 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 Bermingham Cameras, its staff or agents. 6.2 Subject to clause 6.1, you agree that Bermingham Cameras 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 Bermingham Cameras 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 Bermingham Cameras has been advised of the possibility of such loss or damage).

6.3 The only liabilities that Bermingham Cameras 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 Bermingham Cameras. 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 Bermingham Cameras 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. For a complete explanation of delivery charges please see delivery details page.

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: sales@berminghamcameras.ie Phone: 01-6772205 Fax: 01-6719166 Or write to: Bermingham Cameras, 9 Burgh Quay, Dublin 2

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 Bermingham Cameras. As a visitor to the Bermingham Cameras 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 Bermingham Cameras’ 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 Bermingham Cameras 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 Bermingham Cameras, 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 Bermingham Cameras, 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 Bermingham Cameras, 9 Burgh Quay, Dublin 2. 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, Bermingham Cameras 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 prize-winner(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 Bermingham Cameras Gift Vouchers supplied by this website are denominated in Euros which can be redeemed over the counter in our Clarendon Street Store or by orders made over the phone. 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 surrendered by posting back to Bermingham Cameras or handing over at the counter for validation and redemption. Please post to Bermingham Cameras, 9 Burgh Quay, Dublin 2. 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. Bermingham Cameras 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 Bermingham Cameras 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 Bermingham Cameras 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 Bermingham Cameras are notified about a voucher which has been lost or stolen then a replacement may be issued at the manager’s 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 01-6772205 (Monday to Saturday 9am-5.30pm). Bermingham Cameras 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 Bermingham Cameras 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. BERMINGHAM CAMERAS 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 Bermingham Cameras. Bermingham Cameras 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.

If you have any concerns regarding the privacy of this site please contact us via by phone (01-6772205) or email (sales@berminghamcameras.ie). 16. SITE SECURITY The checkout process for the Bermingham Cameras web site is held on a secure server using a verified SSL (secure socket layer) system for transferring data. If you click on the small padlock symbol at the bottom of your browsers screen you will be taken to this sites security certificate. If you have any concerns regarding the security of this site please inform us by phone (01-6772205) or email (sales@berminghamcameras.ie).