Please read these conditions carefully before using the Photovalue.com website. By using the Photovalue.com website, you signify your agreement to be bound by these conditions. In addition, when you use any current or future Photovalue.com service, you will also be subject to the terms, guidelines and conditions applicable to that service. ("Terms"). If these Conditions of Use & Sale are inconsistent with such Terms, the Terms will control.
1. Your Account
If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us with in the Change My Details area of Your Account on the website.
Photovalue.com reserves the right to refuse access to the website, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order, it will be without charge to you.Back to top
3. Access to Photovalue.com
We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.Back to top
4. Licence for website access
Photovalue.com grants you a limited licence to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Photovalue.com. This licence does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.
You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Photovalue.com and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilisingPhotovalue.com's or its affiliates' names or trademarks without the express written consent of Photovalue.com. Any unauthorised use terminates the permission or license granted by Photovalue.com.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Welcome page of Photovalue.com as long as the link does not portray Photovalue.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Photovalue.com logo or other proprietary graphic or trademark as part of the link without our express written consent.Back to top
5. Your conduct
You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way.
You understand that you, and not Photovalue.com, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only.
You must not use the website for any of the following:
6. Defamation claims
Because Photovalue.com lists hundreds of products for sale on the website, it is not possible for us to be aware of the contents of each product listed for sale. Accordingly, Photovalue.com operates on a "notice and takedown" basis. If you believe that any content on, or advertised for sale on, the website contains a defamatory statement, please notify us immediately by following our Notice and Procedure for Notifying of Defamatory Content. Once this procedure has been followed, Photovalue.com will make all reasonable endeavours to remove the defamatory content complained about within a reasonable time.Back to top
7. Copyright, authors' rights and database rights
All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Photovalue.com, its affiliates or its content suppliers and is protected by Luxembourg and international copyright, authors' rights and database right laws. The compilation of all content on this website is the exclusive property of Photovalue.com and its affiliates and is protected by United Kingdom and international copyright and database right laws. All software used on this website is the property of Photovalue.com, our affiliates or our software suppliers and is protected by Luxembourg and international copyright and author' rights laws.
You may not systematically extract and/or re-utilise parts of the contents of the website without Photovalue.com's express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this website, without Photovalue.com's express written consent. You also may not create and/or publish your own database that features substantial (eg our prices and product listings) parts of this website without Photovalue.com's express written consent.Back to top
8. Intellectual Property Claims
Photovalue.com (the online trading name for Photovalue Ltd.) and its affiliates respect the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please follow our Notice and Procedure for Making Claims of Infringement.Back to top
Photovalue.com, Photovalue and other marks indicated on our website are trademarks or registered trademarks of Photovalue Ltd. in the European Union and/or other jurisdictions. Photovalue.com's graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of Photovalue Ltd. Photovalue's trademarks and trade dress may not be used in connection with any product or service that is not Photovalue's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Photovalue Ltd. All other trademarks not owned by Photovalue Ltd. that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Photovalue Ltd.Back to top
This section deals with conditions relating to the sale of products by Photovalue.com to you.Back to top
11. Our contract
When you place an order to purchase a product from Photovalue.com, we will send you an e-mail confirming receipt of your order and containing the details of your order. Your order represents an offer to us to purchase a product which is accepted by us when we've dispatched that product to you. That acceptance will be complete at the time we disptach the order to you. Any products on the same order which we have not dispatched do not form part of that contract.Back to top
Please review our Returns Policy, which applies to products purchased from us.Back to top
13. Pricing and availability
We do not list availability information for products sold by us on the website. We will however contact you upon receipt of your order if any of the products on the order are unavailable or out of stock.
Despite our efforts, a small number of the hundreds of products in our catalogue may be mispriced. Rest assured, however, that we verify prices as part of our dispatch procedures. If a product's correct price is lower than our stated price, we charge the lower amount and send you the product. If a product's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before dispatch or cancel your order and notify you of such cancellation.
All prices are exclusive of VAT unless stated otherwise.
When ordering goods from Photovalue.com for delivery overseas you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from Photovalue.com, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods. Your privacy is important to us and we know that you care about how information about your order is used and shared. We would like our international customers and customers dispatching products internationally to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.Back to top
Photovalue.com does not sell products for purchase by children. If you are under 18, you may use Photovalue.com only with the involvement of a parent or guardian.Back to top
16. Electronic communications
When you visit Photovalue.com or send e-mails to us, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on the website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.Back to top
Photovalue.com will be responsible for any losses you suffer as a result of us breaching these conditions if the losses were reasonably foreseeable to both you and us when you commenced using the website, or a contract for the sale of goods by us to you was formed. We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website or when a contract for the sale of goods by us to you was formed. Photovalue.com does not limit in any way our liability by law for death or personal injury caused from our negligence or breach of duty or caused by our gross negligence or wilful misconduct.Back to top
18. Alteration of Service or Amendments to the Conditions
We reserve the right to make changes to our website, policies, and these Conditions of Use & Sale at any time. You will be subject to the policies and Conditions of Conditions of Use & Sale in force at the time that you use the website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.Back to top
19. Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.Back to top
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.Back to top
21. Governing law and jurisdiction
These conditions are governed by and construed in accordance with the laws of the Grand Duchy of Luxembourg, and the application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree, as we do, to submit to the non-exclusive jurisdiction of the courts of the district of Luxembourg City.Back to top
27. Our details
Photovalue.com is the online trading name for Photovalue Ltd.
This website is owned and operated by Photovalue Ltd.
For the Photovalue.com website:
You can contact us by clicking here
Notice and Procedure for Making Claims of Infringement
Photovalue.com is the online trading name for Photovalue Ltd. We respond expeditiously to intellectual property rights owners who complete and submit the Notice Form (below) to communicate concerns of any alleged infringement.
Upon receipt of a Notice Form we may take certain actions, including removing information or an item, all of which are taken without any admission as to liability and without prejudice to any rights, remedies or defenses, all of which are expressly reserved. Furthermore, in submitting a Notice Form, you grant to Photovalue.com and its affiliates the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, and display its content throughout the world in any media. This includes forwarding the Notice Form to the parties involved in the provision of the allegedly infringing content. You agree to indemnify Photovalue.com and its affiliates for all claims brought by a third party against Photovalue.com or its affiliates arising out of or in connection with the submission of a Notice Form.
Important Warning: giving false, misleading or inaccurate information in the Notice to Photovalue.com may result in civil liability. You should contact a solicitor should you have any questions.
Notice Form:If you believe that your intellectual property is being violated by an item or information on the Photovalue.com site, you may fill out the Notice Form (below) using the corresponding numbered paragraphs to frame your communication. This signed form can be sent via PDF or Fax to:
Email PDF: firstname.lastname@example.org
Subject Line: Claim of Infringement
FAX: +353 1 457 1509
(We will accept a signed PDF via email with the subject line "Claim of Infringement" or Fax, unless by prior agreement we have agreed with you for an alternative receipt mechanism).
Please fill out the Notice Form using the corresponding numbered paragraphs to frame your communication:
Re :Photovalue.com (online trading name for Photovalue Limited.)
I, [INSERT FULL NAME AND TITLE] of [COMPANY NAME, IF APPLICABLE], state as follows:
(1) Contact information:
(a) Your and/or your company's name, address, telephone number and contact email address;
(b) The contact email address and/or name which we will provide to Third Party Sellers (if relevant) so they may contact you to resolve any issues regarding your notification to us. If you do not provide a separate contact email, you authorize us to use the contact information you provide in (1)(a).
(a) The listing's ASIN/ISBN-13 number or detailed description of where the information that you claim is infringing your rights is located on the site; if regarding a Third Party Seller listing please also provide the name of used to identify the Seller on the site (look for "dispatched and sold by _____" or "by ______" in the listing).
(b) A description of your intellectual property right(s) that you claim has/have been infringed (e.g. copyright, trademark or patent) by the information of/for this ASIN/ISBN-13.
[REPEAT (2)(a-b) as necessary for multiple items, see example Notice Form here.]
(3) Include the following statement: "I have a good faith belief that the portion of the listing(s) described above violate(s) the intellectual property rights owned by the intellectual property owner or its agent, nor is such use otherwise permissible under law."
(4) Include the following statement: "I represent, under penalty of perjury, that the information in this notification is true and correct and that I am the intellectual property owner or authorised to act on behalf of the intellectual property owner for the rights described above."
(5) Sign the Notice Form.
An example of a completed Notice Form is here.
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If you believe that any content on, or advertised for sale on, the website contains a defamatory statement, please notify us immediately by copying the Notice to Photovalue.com of Defamatory Content below into your word processor program, complete it in accordance with the instructions set out in the Notice and send a printed signed copy to: Defamation Notices, Photovalue Ltd, 13 Crag Crescent, Clondalkin Industrial Estate, Dublin 22, Ireland. Please note that this procedure is exclusively for notifying Photovalue.com of Defamatory content on or advertised for sale on the Photovalue.com website. Please provide your address, telephone number, and e-mail address when sending the notice to us.
Important Warning: giving false, misleading or inaccurate information in the Notice to Photovalue.com of Defamatory Content may result in civil and criminal liability.
Notice to Photovalue.com of Defamatory Content
In the matter of www.photovalue.com
S T A T E M E N T
I, [please set out your full name] of [please give your postal address], [please state your occupation], say as follows:
1. I refer to the website www.photovalue.com ("the website"). I make this statement in support of my giving Photovalue.com notice that, via the website, it is causing or contributing to the publication of a defamatory statement.
2. The defamatory words (delete whichever paragraph is not applicable):
3. The words that I consider to be defamatory are [please repeat the exact words you are complaining about].
4. These words are defamatory because [please state why you consider the words are defamatory].
5. The defamatory words are untrue because [please explain why the words complained of are untrue and what you believe the true position is].
6. I understand that this statement may be used in any court proceedings that may arise out of or relating to the defamatory words which I have complained about.
Statement of Truth
I declare the facts stated above to be true.