GENERAL TERMS AND CONDITIONS AND DISCLAIMER RELATING TO USE OF THE LAFAYETTE GRADUATION SERVICES LIMITED WEB SITE

Thank you for visiting the Lafayette Graduation Services Limited ("LGS") web site (the "Web Site").  Please note that everything on this Web Site is subject to these General Terms and Conditions and you should read these before going any further.  You are treated as accepting these General Terms and Conditions by using the Web Site in any way including browsing.  References in these General Terms and Conditions, and in the Terms and Conditions of Sale to "we" or "us" mean LGS. These Terms and Conditions are important to you and us as they have been designed to protect your rights as a customer and to protect our rights as a business and to create an understanding between us.  
When you order or purchase any product or service from us, these agreements are governed by the Terms and Conditions of Sale as well as these General Terms and Conditions.  In the event of any conflict between such terms and these General Terms and Conditions, the Terms and Conditions of Sale shall apply. In summary, the General Terms and Conditions apply irrespective of whether you purchase products or services from us or not and, the Terms and Conditions of Sale are more specific to when you book or purchase such products and/or services.
Please read our Privacy Policy regarding your personal information.

A. Intellectual Property Rights

All copyright, database rights, trade marks and other intellectual property rights in any and all aspects of the Web Site including but not limited to design, text, graphics, photographs, other images and sound and their selection and arrangement, all software (including but not limited to compilations, underlying source code, and applets) and all other material on the Web Site are owned by LGS and its affiliates, or have been licensed to LGS or its affiliates by their content and technology providers or other rights holders so that LGS or its affiliates can use such material as part of their Web Site. 
You are only allowed to use the Web Site and the material contained in the Web Site as set out below.  If you wish to do anything else with any of the material you must obtain the written permission of LGS or the owner of the rights in that material.

B. What You Are Allowed To Do 

1. You may access any part of the Web Site.
2. You may electronically copy and print in hard copy any individual page for your own personal use, for the purposes of placing an order with LGS or using this Web Site as a shopping resource, as long as you do not do any of the things set out under "What You Are Not Allowed to Do".

What You Are Not Allowed To Do 

1. You are not allowed to copy (whether by printing off onto paper, storing on disk or in any other way), distribute (including distributing copies), reproduce, alter, modify, tamper with in any way or otherwise use any material contained in the Web Site except as set out under "What You Are Allowed to Do" or with the express prior written permission of LGS
2. You are not allowed to copy or use any material appearing on the Web Site for any commercial purpose at all.
3.  You are not allowed to copy or otherwise use any copyright, trade mark or other intellectual property notices (whether belonging to LGS or its affiliates or licensed to LGS or its affiliates by their third party rights owners for use on the Web Site) except as specifically permitted in these General Terms and Conditions without the written permission of the owner of that trade mark or to remove any such copyright, trade mark or other intellectual property notices contained in the original material from any material copied or printed off from the Web Site.

C. Disclaimer as to information on Web Site

The information in this Web Site is provided free of charge and on an "as is" basis.  Except for any liability in respect of fraudulent misrepresentation, LGS is not liable for any action you may take as a result of relying on any information provided in this Web Site or for any loss or damage suffered by you as a result of you taking this action. 
LGS uses reasonable efforts to make sure that all material and information contained on the Web Site is correct but, subject to the above statement about fraudulent misrepresentation:
1. LGS does not accept any liability for any error or omission in the material or information;
2. All material and information contained on the Web Site is only provided for the purpose of providing information about LGS and the products and services it supplies.
LGS makes no representation or warranty regarding the contents or availability of the Web Site or that it will be timely or error-free, that defects will be corrected, or that the Web Site is free of viruses or bugs and we accept no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the Web Site.
For the convenience of Users of the Web Site, there is an option for users to elect to have the information that they input when using this Web Site to be used on the website of Armstrong & Oxford Limited Robe Makers , (or other co-operating companies).. Although Armstrong and Oxford use similar Terms and Conditions on their website, users of this Web Site are advised that Armstrong & Oxford are a separate company / business. Although users may choose to have information that they submit when using LGS Web Site also used on the Armstrong & Oxford website, it must be noted that any use of the Armstrong & Oxford website is subject to their Terms and Conditions and, that any orders placed with Armstrong  & Oxford are subject to their Terms and Conditions of Sale and are in no way related to any orders placed with LGS  
The Web Site includes links to external web sites.  These links are provided in order to help you find out further information and to gain access to third party services and products quickly and easily.  LGS is neither responsible nor liable for the content of these web sites (including that of Armstrong & Oxford referred to above). 

D. Changes to Terms and Conditions

LGS reserves the right to make any changes to these General Terms and Conditions and, the Terms and Conditions of Sale.  By browsing the Web Site you are accepting that you are bound by the then current General Terms and Conditions and if you choose to buy products, by the Terms and Conditions of Sale so you should check these each time you revisit the Web Site. 
Variations to these General Terms and Conditions and the Terms and Conditions of Sale whether in relation to any Sale Contract or otherwise, shall only be effective if posted on this Web Site in accordance with the above paragraph or where specifically accepted and agreed by us in writing. 

E. Governing Law and Contract Formation

You may submit orders to LGS via the Web Site for the sale by it to you of any product but no contract will subsist between you and LGS for the sale by it to you of any product or service, other than in accordance with our Terms and Conditions of Sale.
Information displayed on the Web Site relating to pricing and availability is subject to change by LGS without notice.  The pricing which will apply to your order will be that displayed on the Web Site at the time you place the order. 

F. Supplier’s Identity & Address

Our company details & address are: 
Lafayette Graduation Services Ltd 
1st Floor Graduation House 
44 Fashion City 
Ballymount 
Dublin

D24 YDA5
   

LAFAYETTE GRADUATION SERVICES LIMITED -TERMS AND CONDITIONS OF SALE

These Terms and Conditions of Sale govern all products / services you enter into a contract to purchase on this Web Site ("Products" and a "Contract" respectively). These terms are specific to Products but Contracts are also governed by the General Terms and Conditions above which you should also read. Variations to these Terms and Conditions of Sale shall only be effective if posted in this Web Site or specifically accepted and agreed by us in writing. 

1. General

1.1 We reserve the right to alter these terms and conditions at any time. Any such changes will take effect when posted on the Web Site and it is your responsibility to read the terms and conditions on each occasion you use the Web Site and your continued use of the Web Site shall constitute your acceptance to be bound by the latest terms and conditions.


1.2 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use the Web Site.


1.3 By placing an order through the Web Site, you warrant to us that:
a) You are legally capable of entering into binding contracts;
b) You are at least 18 years old;

2. Supplier of Products

The Products you purchase will be supplied by Lafayette Graduation Services Limited (“ LGS ”) which is located at the address set out in the General Terms and Conditions above.

3. Description of Products 

Every care has been taken to describe and portray Products on this Web Site accurately using current technology, but variations in actual goods may occur.

4. Price 

The prices of Products are stated on the Web Site and are quoted inclusive of VAT applicable to supply in Ireland. Where VAT does not apply a price adjustment will be made and a copy of your ex VAT invoice will be dispatched with your goods. The prices are subject to change without notice. Where vat is charged on goods exported within the EU, a claim can be submitted for a refund to your local tax authority.

5. Input of Incorrect Information 

We cannot accept any liability for any failure to comply with specific instructions stated on this Web Site or for any incorrect information provided by the customer.

6. Ordering 

6.1 Although you may order photographs/images (such as group photographs) from the Web Site after a graduation date, if you require individual portrait photographs, you must order a “Sitting”. A Sitting shall consist of an agreed number of photographs, involving you and/or individuals nominated by you. When booking a Sitting through this website, you must order the Sitting and an agreed number of photographs/images before 12 Noon (GMT) on the previous business day before the first day of the Graduation Ceremonies.  For example; if your particular graduation is on a Friday, but your University/College commences its Graduation Ceremonies (of which yours forms part) on a previous day such as a Wednesday, the deadline would be 12 noon of the Tuesday before. . Bookings are given on a first come first served basis and are subject to availability and accordingly, early booking is advisable. You may notify us with any amendments to your order or your personal information by contacting us at info@lafayette.ie . We shall endeavour to reply to you within 24 hours during business hours. As we must make arrangements for accommodating the correct number of Sittings at the Ceremony, three days before the date of the Ceremony to which your booking relates, the provision of our services shall be deemed to have begun with your agreement on the date three days before the date of the Ceremony to which your booking relates and thereafter no cancellation may take place notwithstanding the Cooling Off Period hereinafter referred to.


6.2 When you order a Sitting, we will within 24 hours send you a Booking Confirmation by e-mail that we have received your order/booking, detailing the order and quoting a reference number. The Booking Confirmation will be deemed complete and will be deemed for all purposes to have been effectively communicated to you when we have sent it to you  Booking Confirmation by LGS does not preclude its right to cancel an order in the event that it finds it is unable to fulfil the contract and is subject to your cooling off period and cancellation terms explained in the Terms and Conditions of Sale.
All Bookings / orders that you place with us will be on the basis of acceptance in accordance with the Terms and Conditions of Sale.


6.3 Your booking / order constitutes an offer to us for you to buy a Service and/or Products. All orders are subject to acceptance by us, and we will be deemed to have accepted such order when our photographer attends the graduation service and is available to take the photographs in accordance with your booking. The contract between us (“Contract”) will only be formed when our photographer is so available.


6.4 The Contract will relate only to those Products which we have agreed and have confirmed in the Booking Confirmation. We will not be obliged to supply any other Products.


6.5 After the Sitting, we will advise you as soon as possible [via e-mail and/or sms if a mobile number has been provided] that the photographs/images taken at the Sitting are available for viewing on our website. (This is typically in less than three working days following your ceremony, however during peak times from late October to the end of December, this can take longer.) If you do not receive such confirmation within that period, you should contact us via your account on the Web Site, within 7 days of the Sitting. Where the number of photographs taken exceeds the minimum number of photographs that we have agreed with you that we would take at the Sitting, then you will be given the facility of selecting which images you wish to be included as the ordered photographs/images or to purchase additional images.

6.6  Where an Order is made for photographs without a Sitting,e.g. for award or group  photographs shown on the website, or for additional photos from our archive, we will send you by e-mail an Order Confirmation, as opposed to a Booking Confirmation. The Order Confirmation will confirm that we have received your order, detailing the Number of Photographs/images you have ordered, estimated delivery charges and quoting a reference number. The Order Confirmation will be deemed complete and will be deemed for all purposes to have been effectively communicated to you when you are able to access it. In such cases without a Sitting, we will be deemed to have accepted your order and the contract between us will be formed when we send you an Order Confirmation. The sending of an Order Confirmation  by LGS does not preclude its right to cancel an order in the event that it finds it is unable to fulfil the contract and, is subject to your cooling off period and cancellation terms explained in these Terms and Conditions of Sale.

7. Delivery

7.1 Delivery charges vary by location.  Delivery charges and estimated timescales are specified in this Site and also when you make a booking / place an order. We will endeavour to have your order fulfilled by the delivery date set out in the [Booking] Confirmation or, if no date is specified, then within twenty working days of the date of the order confirmation or the end of the seven day selection period, unless there are unforeseen factors beyond our reasonable control.


7.2 We will make every effort to deliver the Products within the estimated timescales, however delays are occasionally inevitable due to unforeseen factors or extremely busy periods. Photographs may take up to 6 weeks for delivery. We shall bear no liability for any delay or failure to deliver the Products within the estimated timescales.


7.3 Risk of loss and damage to the Products passes to you on the date when the Products are delivered. Title to any Products you order on the Site shall pass to you on delivery of the Products provided that we have processed and received payment in full for those Products.

7.4 Delivery address and overseas deliveries 
We will deliver Products to the address you supply when ordering on the Web Site. You must provide an address where someone will be in (ie work address, neighbour, friend etc.) to accept the delivery. 

7.5 Overseas orders 
We can accept orders for photographs from most overseas addresses . Please note for all orders delivered outside the EU, Products are DDU (delivered duty unpaid). Any local charges incurred must be met by the recipient of the Products.

7.6 Frames 
For reasons of Health & Safety we do not post photographic frames that contain glass.  Photographic frames ordered on our website may be available for collection near our studios on the day of your graduation or alternatively, will be sent by courier within the island of Ireland for an additional charge. We cannot guarantee permanent or continuous availability of all products and accordingly, if the frame you have chosen is no longer available, we will offer a replacement frame or give you the opportunity of cancelling the order for the frame 

8. Your Cooling Off Period 

8.1 After accepting your booking/order, we will send you an email (on the email address you supply when ordering on the Web Site) confirming details of the booking (referred to in 6.4 above as the Booking Confirmation & in 6.7 above as the Order Confirmation ).  You will then have a "cooling off" period during which you have a right to cancel the Booking/Order without charge.  You may exercise that right by notifying us by email at info@lafayette.ie . We will refund any payments made by you if you exercise that right to cancel.  The cooling off period and related right to cancel will end seven working days beginning with the day after the date on which the Booking Confirmation / Order Confirmation has been sent to you. Without prejudice to your statutory rights, or the cooling off period explained above, there is no cooling off period available to you in relation to the purchase of photographs once they have been taken at a Sitting.

9. Payment

Payment for Products will be made via the Web Site in accordance with the procedure explained in the Web Site.
9.1 We take payment from your card at the time of your booking / order. The price you pay is the price displayed on the Web Site at the time we receive your order except in cases of obvious error. While we try and ensure that all prices on the Web Site are accurate, errors may occur. If we discover an error in the price of the Products you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. We are under no obligation to provide the Products to you at an incorrect price, even after we have sent you a Booking/Order Confirmation, if the pricing error is obvious and unmistakable.


9.2 The prices indicated on the Site are in Euros and include all Irish taxes (VAT), but do not include local taxes in the country of delivery, (which shall be a matter for you the User) or delivery charges. 
9.2 (a) If you order Products from the Web Site for delivery outside Ireland, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. If in doubt as to the amount etc of any such taxes or duties, you should contact your local customs office for further information before placing your order.
9.2 (b) The possible delivery charges are applied as Products are chosen. Any additional charges must be paid before orders are despatched. We reserve the right to modify delivery charges at any time.


9.3 We offer payment, by debit or credit card . Please note that if we suspect fraud, we have the right to cancel the transaction for security reasons. If sufficient funds are not available, your order will not be taken into account. [For payments made online by credit card, the “Secure Socket Layer” (SSL) system of security is used, which allows for encrypting your banking information when on the network.


9.4 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Booking/Order Confirmation.

10 General Refunds and Returns policy 

10.1 Our general policy is that without prejudice to your cooling off rights set out above, if you are not satisfied with a product, please advise us by e-mail of the nature of your complaint within 28 days of the receipt by you of your photographs/products along with details of your order number, name, address and contact details and we will, at our discretion, endeavour to address your concerns where reasonably possible, either by way of re-printing, editing, re-sitting, replacement or refund  and subject to the product being unused and in a resalable condition. Please note that: CDs and USBs are non refundable.
1. 10.2 In the unlikely event that you receive damaged photographs, where damages have occurred in transit, please return in the original packaging to the office within 5 working days of receiving them. We will replace the photographs at no additional cost
10.3 In accordance with the accepted practises of all professional photographers and photographic laboratories, the return of, or demands for refund or refusal to settle charges in relation to any photographs or prints of reasonable quality will not be accepted.  We cannot be responsible for individual tastes or expectations. On the day of your graduation ceremony please use the mirrors provided to ensure you are happy with your appearance before proceeding to the studio. LGS does not take responsibility for clothing, make up or hair imperfections, this is left to the discretion of the customer.


10.4 You should return the Products to;   
Lafayette Graduation Services Ltd 
1st Floor Graduation House 
44 Fashion City 
Ballymount 
Dublin 24.

You are responsible for the costs of returning the Products. We will process returns as soon as they arrive, except during extremely busy periods when there may be a short delay. We reserve the right to charge an €6.00 administration fee for returns outside the cooling off period. When returning Products on which you have received any promotional or other discount the refund will only cover the price you paid.


10.5 Transit 
When sending a return (whether under your cooling off rights or otherwise), you must take reasonable care to see the Product reaches us undamaged and we therefore strongly recommend that you send it by registered post (or international equivalent).
The rights of cancellation and refund and any limitations on those rights expressed in these terms and conditions do not affect your statutory rights. 
For security reasons we do not hold credit card details received with your order; therefore we can only issue refunds by cheque, unless the refund is being made while the payments is still live on the payment gateway providers system in which case the refund will be made on the card from which the payment was drawn.

11. Statutory rights 

The rights of cancellation and refund and any limitations on those rights expressed in these terms and conditions do not affect your statutory rights. 
For security reasons we do not hold credit card details received with your order; therefore we can only issue refunds by cheque, unless the refund is being made while the payments is still live on the payment gateway providers system in which case the refund will be made on the card from which the payment was drawn.

12. Amendments to Contracts 

We will consider requests to amend contracts, in terms of changing products or other details, but subject to anything to the contrary set out in these terms and conditions and subject to your cooling off rights, we are not obliged to accept any and we reserve the right to charge an administration fee for any amendment we agree to. 

13. Liability 

Lafayette Graduation Services Limited’s total liability for any claim howsoever arising shall not exceed the price of the Products supplied by LGS to you. LGS shall not be liable for any loss of profits, wasted time or any indirect, special or consequential losses whether any such losses or wastage arise from a breach of contract, negligence or in any other way and irrespective of whether LGS was or ought reasonably to have been, aware of the possibility of such losses. 
For the avoidance of doubt, LGS's liability for: (a) death or personal injury resulting from its negligence or that of its servants or agents; (b) breach of any condition as to title or quiet enjoyment of or in relation to any goods supplied by it under any agreement for sale; (c) under the Consumer Protection Act 2007; (d) fraudulent misrepresentation or (e) in relation to any other liability, including any liabilities under sale of goods or supply of services legislation (Sale of Goods and Supply of Services Act, 1980.), that may not by applicable law be excluded or limited; is not excluded or limited by this agreement, even if any other term of this agreement would otherwise suggest that this might be the case.

14. Delay and failure to perform

LGS shall not be liable for any breach of any Contract which arises by reason of any delay in performing, or any failure to perform, any of its obligations in relation to any Product, if the delay or failure was due to any cause beyond its reasonable control.

15. Representations 

Our employees or agents are not authorised to make any representations concerning the Products unless such statements are confirmed by LGS in writing. Subject to the above statement about fraudulent misrepresentation, in entering into a Contract you acknowledge that you do not rely on any such representations which are not so confirmed.Between you and LGS, we retain full, unlimited, worldwide copyright and other intellectual property rights in all photographs purchased on this Web Site and we do not supply negatives or digital files, unless offered for sale. The photographs are solely for personal display purposes and may not be copied, published, reproduced or stored on any electronic retrieval system without the express written permission of Lafayette Graduation Services. The photographs will be supplied on photographic paper.  For €25 you may obtain the images, which you have already purchased as photographs, on USB and we will give written permission for you to make copies of these images. Copyright remains with Lafayette Graduation Services Ltd. We regret that consent can not be withdrawn after a photograph has been taken. 
Anyone taking part in a group photograph at a ceremony does so voluntarily and on the basis that they consent to the fact that it may be displayed and made generally available for sale on this Web Site (and any successor to this web site) and in other Lafayette Graduation Services publications and used for promotional purposes. This consent cannot be withdrawn. 
Individual photographs available on the Web site are not permitted to be reproduced from the Web Site. Any sample individual photograph included, whether in "thumbnail" or full form is for sample purposes only.

16. Copyright 

 

17. Disclaimer 

Photographs will, in time, fade. This is particularly true if they are left in bright sunlight and are not behind glass. Lafayette Graduation Services Limited cannot accept any responsibility for this gradual image deterioration. 

18. Miscellaneous Provisions

18.1 All disputes between us arising out of or in any way relating to this Contract or any other disputes between us in any way connected with the subject matter of this Contract shall be governed by the laws of Ireland. This contract shall be interpreted and binding in it’s English language only. Both parties hereby irrevocably submit to the exclusive jurisdiction of the courts of Ireland. The European Online Dispute Resolution platform http://ec.europa.eu/consumers/odr/ provides information about alternative dispute resolution which may be of interest.


18.2 We shall be under no liability for any delay or failure to deliver Products or otherwise perform any obligation as specified in these terms and conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond our reasonable control.


18.3 You may not assign, sub-contract or transfer any of your rights or obligations under these terms and conditions or any related order for Products to any third party unless we agree to same in advance in writing. We may transfer, assign, or sub-contract the benefit of the whole or part of any of our rights or obligations under these terms and conditions to any third party.


18.4 If any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other clauses of these terms and conditions shall not be affected.


18.5 No delay or failure by us to exercise any powers, rights or remedies under these terms and conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by our authorised representative.


18.6 These terms and conditions including the documents referred to in them supersede all prior representations understandings and agreements between you and us relating to the use of the Web Site and sets out the entire agreement and understanding between you and us for your use of the Web Site.


18.7 When using the Web Site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the Web Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.


18.8 All notices given by you to us must be given to Lafayette Graduation Services Ltd., 
1st Floor Graduation House, 44 Fashion City, Ballymount, Dublin 24. , Ireland. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 18.7 above. Notice will be deemed received and properly served immediately when posted on our Site, twenty four hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.


18.9 We respect your personal privacy and undertake to comply with all applicable Irish Data Protection legislation, regarding your personal information. In that regard, please see our Privacy Policy Statement.

 

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