Fitzgeralds respects the privacy of individuals who visit the Fitzgeralds website and is committed to protecting their personal information. As required by the Guernsey General Data Protection Regulation 2017, we follow strict security procedures in the storage and disclosure of information which you have given us, to prevent unauthorised access. The Company's policy on the collection and use of personal information is outlined below.
Fitzgeralds collects and uses personal information in order to:
Administer your order and deliver the prints you have requested direct to your address.
Anticipate and resolve problems with your service.
In order to do the above, we need to collect and process personal information about you, including your name, address, telephone number and/or e-mail address. We will ask you for this information on our web site.
In order to take advantage of some of our services, you may need to supply us with the personal details of a third party, for example, their name and address if you wish us to send them prints. We will not use this information for anything other than providing the service for which the information was supplied.
We will not disclose any personally identifiable information without your permission unless we are legally required to do so for example, pursuant to a court order or for the purposes of prevention of crime or fraud.
We will not use your personal information for any marketing purposes and will not supply them to any other party. We may use your contact details to advise you of any changes to our services, prices and terms.
Non- personal Information
We may automatically collect non-personal information about your visit to our site, such as the type of browser used or the web site from which links to us are made. This information will only be used to assist us in providing an effective service on this web site. We do not supply the owners and operators of third party web sites which have a link to our site with information about the number of users linking to our site from their web site.
We may temporarily store some information on your computer when you use our site. These pieces of information are called 'Cookies' and they make possible your use of our web site, which requires 'Cookies' to be enabled. You can set your browser to notify you when you receive a cookie, which allows you to choose whether or not to accept it. If you decide not to accept, you may not be able to use the Fitzgeralds service.
Payment for orders from the Fitzgeralds site is by secure on-line credit card payment. To make this possible this site contains a link to other sites, that of SecureTrading, Sagepay and PayPal who are our chosen Credit Card Authorisation Bureaus. If you wish to review their Privacy Policies, you can see this at their websites.
When you have placed your order and are required to make payment, you are transferred to the payment site, which means we do not process your financial information and therefore are not able to store it. Your payment, using the SecureTrading, Sagepay or PayPal system, is transacted through Secure Server Software, which encrypts all information so that it cannot be intercepted.
Terms of Service
Fitzgeralds ("Service" or "System"), is an Internet based web album and photographic sales system operated by Fitzgeralds, ("we" or "us") of Rue Des Caches, St Martins, Guernsey, GY4 6PH on behalf of third party contracted photographers. The Internet web site provides access to the Fitzgeralds System and laid out below are the terms and conditions of use for the Service. The web site may only be used in accordance with these terms.
The terms laid out below govern the relationship between you as a user ("you or user") and Fitzgeralds. The web site, and the services provided through the web site, can only be used if you agree to these terms.
These purchase terms ("Purchase Terms") comprise a binding contract between you as a user of the Fitzgeralds Service and Fitzgeralds for the purchase of photographic prints ("Prints") made from digital files supplied by participating photographers.
oPlease read these Purchase Terms carefully because they form a legal document. By submitting an order to the Fitzgeralds system, you agree to be bound with Fitzgeralds by these Purchase Terms. If you do not wish to accept these Purchase Terms, you should not submit an order.
oThose who choose to access this Service from any location outside the UK are solely responsible for compliance with Local Law if, and to the extent that, it is applicable. In this case, you agree that, by you agreeing to these Purchase Terms with Fitzgeralds, you waive any consumer rights you have which are capable of being waived under your Local Law and that these Purchase Terms are the only terms and conditions that apply between you and Fitzgeralds in respect of your use of the Service and the supply by Fitzgeralds of your Prints.
oBy the display and description of this Service, Fitzgeralds does not necessarily agree to process your order and supply your Prints at the prices specified.
oThese Purchase Terms will not form a binding contract between you and Fitzgeralds for the purchase and supply of your order, until the following conditions have been met:
You have submitted an offer to buy certain products ('Order') using the order facility provided; and
Fitzgeralds notifies you by e-mail that your order has been accepted and Fitzgeralds agrees to supply the order to you, provided that you have supplied Fitzgeralds with an e-mail address for the reply. If you fill in the e-mail field when you make an order, you will receive a confirmation by e-mail. This should be immediate.
Loss or Damage
Fitzgeralds will not be responsible for any consequential loss or damage, howsoever arising, as a result of a failure, refusal or inability by Fitzgeralds to fulfil an order.
Price and Specification of Prints
•Prices and Taxes
oAll prices quoted exclude United Kingdom Value Added Tax ("VAT"). VAT is calculated automatically when a UK address is submitted with an order. The VAT is calculated at the current rate of 20% on prints, postage and packaging. The total cost is the "Purchase Price". Fitzgeralds shall not be liable for any other sales taxes, customs or import duties or other taxes, which may be imposed on you by any relevant taxing authority. You are responsible for any such taxes.
oIf a Guernsey or Jersey address is submitted with an order, you will not be charged VAT. You shall be liable for GST on orders sent to Jersey.
oAll Purchase Prices and specifications of Prints are subject to change without notice, except where Fitzgeralds has accepted your Order and agreed to deliver the Prints to you.
oThe Purchase Price payable for photographic prints must be paid in advance by:
oSecure credit card payment via a Credit Card Authorisation Bureau chosen by Fitzgeralds, this is currently SecureTrading, Sage Pay and PayPal.
•You may choose to have your prints posted to your address or collect from Fitzgeralds once the order is complete.
oIf you choose the postage option, your order will be securely packed once complete and taken to our local post office. The standard postage option is not trackable; however, you may select Special Delivery if you would like to track you package. Our liability for your order ceases once accepted by Guernsey Post.
oIf you choose to collect your order, we will email you as soon as it is complete. If the order has not been collected within a period of one year, it may be destroyed unless an agreement has been made with you.
•Most orders will be ready for collection or posting within 2 working days. Some special requests will take longer such as canvas wraps, art prints and mugs. Please enquire if you are unsure of the delivery time for your order. The time of delivery is an estimate only and Fitzgeralds shall not be liable for any late delivery of order or any consequential loss or damage caused as a result.
•All questions about your order must be made within 3 days of you receiving your order.
•In the event that your order is damaged or defective when you receive them, or do not match the description specified in the Service, you will be entitled to return the order to Fitzgeralds, within 14 days of receipt by you. In those circumstances, Fitzgeralds, will either reprint the photographs or provide a full refund of the Purchase Price, together with the return postage and packing.
•In the event that you return an order to Fitzgeralds, and we can demonstrate that they were not faulty when received by you, we reserve the right to return the order to you and to claim the cost of such return postage from you.
Duration of Purchase Terms and Termination
•These Purchase Terms are binding upon you immediately you accept them, and they will remain in force until both parties have performed their obligations under these Purchase Terms or either party breaches its obligations under these Purchase Terms.
•Termination will not prejudice or affect any right of action or remedy, which shall have accrued or shall thereafter accrue to either party.
•Security and General Data Protection Regulation
oFitzgeralds complies with all current GDPR laws (currently 2017) to prevent breaches of security of the Service (including the credit card details provided by you when you submit an order), and uses reasonable endeavours to ensure that any Fitzgeralds suppliers, subcontractors or agents comply also.
oFitzgeralds will use reasonable endeavours to respond to your order within the stated time.
oThe service is provided on an 'as is' and 'as available' basis, and Fitzgeralds makes no representation or warranty that the Service offered will be accessible, or useable by you, or error free.
•Suspend or Alter
oFitzgeralds reserves the right, at its sole discretion, to suspend or alter the operation of the Service for legal, technical or any other reason. Fitzgeralds will give as much notice as possible prior to taking any of the actions described in this Clause, but prior notice may not always be feasible.
oYou warrant that you are at least 18 years old and are the proper authorised owner of the credit card, details of which you supply to Fitzgeralds' Credit Card Authorisation Bureau when using the System.
oYou warrant that all information given by you in your use of this Service is accurate and not misleading and that you will not use this Service:
for any fraudulent or illegal purposes
for the transmission or posting of any computer viruses or any material which is defamatory, offensive or of an obscene or menacing character, or in such a way as to cause annoyance, inconvenience or needless anxiety. You agree that you will be liable for any action taken against Fitzgeralds or against you in relation to such use; and
in a manner which constitutes a violation or infringement of any right of person, firm or company, including but not limited to, rights of copyright or confidentiality.
oYou acknowledge and accept that all copyright, trademarks and all other intellectual property rights in any part of the Service or any material supplied as part of the Service belongs to Fitzgeralds or its contracted photographers. You agree not to remove any copyright, trademark or any other intellectual property notices contained in the original material and/or from any prints purchased through the service.
oYou agree to indemnify Fitzgeralds against any claims, costs, expenses or legal proceedings caused as a result of your use of this Service in contravention of the Copyright Clause. Further, in these circumstances, Fitzgeralds shall be entitled to treat the contravention as a material breach of these Purchase Terms and terminate the Purchase Terms, cancel any pending orders for Prints made by you and terminate any access permission granted to you by Fitzgeralds forthwith, without notice to you.
Limitation of Liability
•Limit of Liability
oTo the extent that Fitzgeralds is deemed by a court of competent jurisdiction, to have any liability to you in relation to the Service or any Prints supplied by Fitzgeralds, Fitzgeralds contractors or participating photographers, Fitzgeralds entire liability shall be limited to £500 for any one incident or series of related incidents and up to £1,000 for all incidents in any period of 12 months.
•Control of Images
oAlthough Fitzgeralds prohibits the uploading of certain types of image to the web site, they cannot directly control the images that are uploaded by the participating photographers. It is possible that images may appear on the web site, which are unlawful or offensive. Fitzgeralds cannot accept any liability for any such images or material. If you become aware of any such images or material on the web site that are unlawful or may cause offence, you should contact Fitzgeralds without delay and they will take the matter up with the image owner.
oFitzgeralds shall not be liable to you, other than through fraudulent or negligent misrepresentation, for:
any economic loss, including without limitation, loss of revenue, business, contracts, profits or anticipated savings;
any loss of goodwill or reputation;
any loss of data; or
any special, indirect or consequential loss.
Operation of the web site
oFitzgeralds may at its discretion change the format and content of the web site, or any products or services offered, at any time without notice.
oFitzgeralds may suspend or terminate the operation of this web site, or suspend or terminate provision of any products or services offered, for support, maintenance work, in order to update the content or for any other reason. Fitzgeralds may do this at any time and without notice.
oYou may send a legal notice to Fitzgeralds, or any questions you may have concerning these Purchase Terms, by e-mail to [email protected], or by writing to Fitzgeralds, at Rue Des Caches, St Martins, Guernsey, GY4 6PH. Such notices will be effective within 3 days of receipt by Fitzgeralds.
oFitzgeralds may give notice to you by general notice on its web site, www.fitzgeralds.co.gg by e-mail to your e-mail address on record with Fitzgeralds, or by post to the geographical address on record with Fitzgeralds. Such notice will be effective if sent by e-mail or posted on Fitzgeralds' web site, 3 days from the date it was sent or posted. If sent by regular post, it will be effective 3 days after posting by Fitzgeralds
oThese Purchase Terms form the entire agreement between you and Fitzgeralds and supersede any other oral or written communications, agreements or representations with respect to your use of this Service.
•Change of Terms
oFitzgeralds reserves the right to add to or change the terms of these Purchase Terms in its sole discretion without prior notice. All changes to the Purchase Terms will be effective once posted on the Fitzgeralds site. Fitzgeralds will provide notice of the changes to the Purchase Terms for (30) days after posting the amended Purchase Terms on the Service.
oYour continued use of the Service and submission of any Order following Fitzgeralds' posting of such changes will be regarded by Fitzgeralds as acceptance of the amended Purchase Terms. If you do not agree to be bound by the amended Purchase Terms, you should exit the Service and not access the Service or submit any orders to Fitzgeralds.
Nothing in these Purchase Terms affects your statutory rights as a consumer.
oIf any part of these Purchase Terms are held by a court of competent jurisdiction to be unenforceable, the validity of the remainder of these Purchase Terms will not be affected.
oIf Fitzgeralds is unable to perform any obligation under these Purchase Terms because of a matter beyond its reasonable control, including but not limited to; fire, flood, explosion, war, civil disorder, industrial disputes, whether or not involving its employees, or other disasters or governmental laws and regulations imposed after the fact, or events beyond the reasonable control of Fitzgeralds, Fitzgeralds will have no liability for failure to perform the Service.
•At Own Risk
oYour use of the Internet is solely at your own risk and subject to all applicable laws, and Fitzgeralds has no responsibility for any information, software, services or other materials accessed or obtained by you using the Internet.
oFitzgeralds makes no representation that any Prints purchased using the Fitzgeralds service are appropriate for your use, or available, in any other locations.
•Laws of Guernsey
oThese Purchase Terms are governed by the laws of Guernsey, and subject to the non-exclusive jurisdiction of the Royal Court.