Terms & Conditions
Welcome to TheFennells.ie. This website is operated by The Fennells. Throughout the site, the terms “we”, “us” and “our” refer to The Fennells. The Fennells offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
When you use our website to place an order with us, these Terms and Conditions of Business will constitute a legally binding agreement between you and us. It is your responsibility to carefully read these Terms and Conditions of Business before using this website. Your use of TheFennells.ie website is contingent upon your acceptance of our Privacy Policy and the following Terms and Conditions of Business.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website.
It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Terms and Conditions for Albums
Exchanges:
As all our albums are all made bespoke and when you approve your album design to go to print this is final and no refund will be issued. If your album is damaged or goes missing while being posted, we will repair the album or replace it if its missing. If the album has an error of flaw please provide us with pictures and send to us by email to mark@thefennells.ie within 3 days of receiving your product and we will investigate the problem. All goods must be returned in their original packaging. If you contact us after 3 days of receiving your product, we reserve the right to address the concerns on a case-by-case basis. You may not be eligible for an exchange or repair.
We provide no warranty that the photobooks will not tear, fade or that they are water-resistant.
Products and services
Although we make every effort to display the colours of the albums covers as accurately as possible on our website, we do not guarantee that the colours that are displayed will be the exact colour that you will receive. As leather is a natural produce, the tones can vary. We cannot guarantee that your monitor’s display of any colour will be accurate.
Prices for all products are subject to change. We reserve the right to discontinue any products at any time. We reserve the right to limit the sales of our products or services to any person. We may exercise the right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer.
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice, including after you have submitted your order.
Purchase and Payment
We accept the following forms of payment:
Visa
Bank Transfer
You agree to provide current and accurate account and purchase information for any purchases made on our website. All payments will be made in Euro. You agree to pay for all your purchases and shipping fees where applicable. You authorise us to charge your chosen payment provider or the amount placed for your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We reserve the right to refuse any order placed through our website.
Prices are quoted in Euro and include Value Added Tax. For all other countries, If you order for shipment to any such address, you will be responsible for Value Added Tax and any applicable custom duties.
Submission of Content
We reserve the right to reject submission which contain Prohibited Content. Prohibited content would include:
-Submissions which would infringe copyrights or other intellectual property rights of any third party.
- Submissions which contain viruses, harmful code or worms.
- Submissions that promote any illegal or harmful activity.
- Submissions which are threatening, pornographic, defamatory, obscene or otherwise inappropriate or could give rise of any third party.
- Determination as to where a Submission contains prohibited content is solely at our discretion.
Copyright
You are solely responsible for the data submitted to www.TheFennells.ie. You will ensure that you are entitled to all copyright or other rights for the transfer of images supplied to us.
Coupons and Discounts
Coupon codes cannot be combined, unless stated otherwise. Coupons cannot be applied to orders previously submitted.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting our Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.
You hereby agree to the use of electronic signatures, contracts, orders and to electronic delivery of notices policies and records of transactions initiated or completed by us or TheFennells.ie website.
You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
Terms and Conditions for Services:
Booking Fee:
A booking fee is charged on signing of the contract. This fee is NON refundable and NON transferrable to either another person, another date, another type of photo/video service. However isn the event of your wedding has to move date due to Covid19 we will transfer to a new date, provided we have the new date available.
Timings:
Coverage end time is usually before dinner starts or otherwise agreed. If the event runs late it may not be possible for the photographers and/or the videographers to stay on later. If they can stay there is an hourly charge of €100 applied per hour. The charge applies to photography and/or videography each independently.
Payment:
The balance of the agreed fee must be paid on or before the day of the event.
Vat
Vat is charged and included in the quoted price. The amount of vat is subject to the rate required and may change in the event of a vat change required.
Force Majeure:
The due performance of this contract is subject to alteration or cancellation by the photographer owing to ANY cause beyond their control and being unable to attend your wedding. In the event of failure of the camera equipment or ancillary accessories liability shall be LIMITED TO A FULL AND COMPLETE REFUND OF ALL MONIES PAID.
Cancellation of contract:
The client may cancel the contract at any time prior to the event by giving WRITTEN notice to Mark Fennell. However, as compensation against loss The Fennells shall retain any amounts already paid. Should cancelation be received less than 12 weeks before the date, a 20% charge of the total cost shall be payable by the client to The Fennells Photography as compensation.
Sole Rights:
The Fennells Photography & Film shall be the sole professionals at the venue specified. No objections are raised to family photographers operating at the event, providing due priority is given to the professional photographer/videographer to ensure satisfactory discharge of this contract.
Copyright.
The Fennells own the copyright of all photographs and videography captured. The client cannot use the images or film footage for commercial use, sell to a third party, or allow a third party to use the images without permission in writing from Mark Fennell.
Images:
The photographer/videographer will provide a pleasing colour balance but cannot guarantee exact colour matching owing to anomalous reflectance caused by a combination of certain factors. It is sometimes impossible to record the exact colour as seen by the human eye.
Retouching:
Digital manipulation and artist finishing are available as an optional extra.
Digital files:
Raw files/footage will remain the property of The Fennells
Production:
Photographs and Video may take up to 16 weeks till completion, couples must pick and return their images for their album within 6 months or a 10% increase may apply. The Fennells Photography recommends you back up your images on another media format after receiving digital files. We also recommends making multiple copies of images every year to insure the images for years to come. The Fennells Photography cannot be held responsible for the failure of digital backups, USB storage, DVD disks, etc. due to mishandling. Once the images are in the hands of the client, it is the client’s responsibility to download and save the images.
Disclaimer:
You DO NOT hold The Fennells or their team responsible for any accidents, injuries, or damage incurred while on the shoot or getting to or from a location.
Limitation Of Liability:
In the unlikely event of a total photographic failure or cancellation of this contract by either party or in any other circumstance the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential loss.
The Fennells Photography & Film shall be granted complete artistic license in relation to poses, framing, and locations of photographs taken or filming. Special requests are not binding instruction, although every effort is made to comply with the clients requests.
Contact Information
Questions about the Terms of service should be sent to mark@thefennells.ie