terms and conditions
the “photographer” means mike smith photography.
the “client” means any person, body of persons, firm or company with whom the photographer enters into a contract for the sale of goods or provision of services.
the “website” means this website (https://www.mikesmithphotos.ie).
2. acceptance of terms and conditions
all contracts and transactions between the photographer and the client whether made orally or in writing are subject to these terms and conditions which shall be deemed to be incorporated into any contract between the “photographer” and the “client” regardless of any payment amount.
3. copyright and ownership and delivery
in accordance with the Copyright and Other Intellectual Property Law Provisions Act 2019, the copyright of all images created by the “photographer” is owned by the “photographer”. the entire copyright in the photographs is retained by the “photographer” at all times throughout the world.
the “photographer” reserves the right to charge an additional fee if the photographs are used for purposes other than that agreed by the “photographer” and the “client”.
4. client responsibilities
by purchasing a print, you are confirming that you have selected the appropriate print type and size as required by you.
all orders must be submitted via the “website” in accordance with the instructions set out on each step and page of the checkout process.
you are responsible for ensuring the completeness and accuracy of your order details and “photographer “will not be liable for any failure by you to provide complete and accurate information.
we reserve the right to cancel any order before delivery of the relevant print in the event any payment of the full order value fails.
we will not be liable or otherwise responsible for any loss or damage caused to the “client” by the cancellation of an order by us.
every image is printed and mounted to achieve the finest quality possible
print and delivery times are 4-6 weeks from the point of order, although we will always endeavour to reduce this where possible.
If we are unable to meet the estimated delivery date because of an event outside our control, we will contact you with a revised estimated delivery date.
delivery will be completed when we deliver the print(s) to the shipping address you gave us when ordering.
if no one is available at the shipping address to take delivery we will arrange with our carrier to redeliver the item. otherwise, it will be up to you to collect from the depot described on the delivery notice.
the print(s) will be your responsibility from the completion of delivery.
you own the print(s) once we have received payment in full, including all applicable delivery charges.
you are responsible for inspecting the external packaging of the prints, on receipt, and marking any noticeable damage on the delivery confirmation receipt as required by the courier.
any items which are significantly damaged must be rejected by you and returned to the courier at the point of attempted delivery. you must immediately inform us of any delivery rejection in order that we can resolve the situation.
failure to inform us of any damage to the print(s) within 24 hours of the courier’s delivery receipt confirms your acceptance of your order in good condition.
every image is printed and mounted to achieve the finest quality possible. as such, the right to cancellation under the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013 (SI 484/2013) does not apply.
any order which has been damaged prior to delivery, where you have informed us within 24 hours of the delivery attempt (subject to the provisions in clause 6 above), will be replaced by us free of charge.
all orders that are delivered and confirmed as undamaged, or where we have not been informed of any courier damage within 24 hours of delivery, are deemed to have been accepted by you in good condition and will no longer be replaced by us for free.
any damage caused after successful delivery is the responsibility of the customer, and any replacements will be provided subject to payment of the current print price on the “website”.
damage caused during self-organised framing or mounting is the responsibility of the customer and no refund for prints that have been spoiled in this way.
8. customs, excise duties & import taxes
all prints are produced and shipped from dublin, republic of ireland.
as a responsible international seller, we are legally bound to provide information to the relevant import and export authorities when shipping prints to countries outside of the european union.
we will ensure, where appropriate, that the value stated for the purposes of import and export to the country of delivery is accurate and correct, reflecting the actual material replacement cost of the order.
the payment of any import customs charges, duties and taxes, whether local or international, are the responsibility of the customer.
9. events outside of our control
we will not be liable or responsible for any failure to perform or delay any of our obligations under this contract that is caused by an event outside our reasonable control.
our obligations under this contract will be suspended and the time for performance of our obligations will be extended for the duration of the event outside of our control. where the event outside of our control affects our delivery of your print(s) to you, we will arrange a new delivery date with you after the event outside of our control is over.
10. jurisdiction and disputes
these terms and conditions are governed by Irish law.
this contract is between the “photographer” and the “client”. no other person shall have any rights to enforce any of its terms and conditions
If you have any questions about these Terms and Conditions, You can contact us: By email: [email protected].