Terms & Conditions
1 INTRODUCTION
1.1 These terms and conditions form the basis whereupon iRetouching.com (also referred to as we) is able to deliver the service, retouching of the images, to the customer (also referred to as you) as advertised on www.iRetouching.com (also referred to as website) and in other promotional tools.
1.2 IRetouching.com reserves the right to revise these terms and conditions the way it wants regularly. All amendments are immediately applicable after appearance on the website
1.3 When visiting and surfing the website, creating an account or placing an order you agree with our terms and conditions.
1.4 By submitting any order you acknowledge that you have not relied on any statement, warranty or representation other than those which are made in these terms and conditions.
1.5 iRetouching.com does its best to ensure all information on the website is accurate but it reserves the right to update, revisit and change the content of the website at any time. All information on the website is provided as it is and you should independently verify any information before relying upon it.
2 THE SERVICE
2.1 In consideration of your payment of the amount for the digital retouching services, iRetouching.com shall provide the retouching service in accordance with the following scheme:
2.1.1 Using the tools made available (the use of which is entirely at your own risk), you can generate and submit to iRetouching.com a graphics file or files, in JPEG format and submit a detailed description of the specific services required together with any special instructions using the facility on the website. Alternatively for special instructions you can use the call back service where iRetouching call you for a verbal brief.
2.1.2 Upon receipt of each order iRetouching.com will check its contents for
compliance with our published standards and our capacity to fulfill it. Furthermore iRetouching.com will check the complexity of the order and assign a price due to the complexity level to it. We will then notify you by email to confirm acceptance of the order and, where appropriate, to confirm with you the agreed price payable and the applicable payment terms. Acceptance of the offer and payment must occur within 14 days;
2.1.3 Upon acceptance of the order and after payment has been made by credit card/debit card to World Pay, iRetouching.com shall use all reasonable commercial endeavours using industry standard graphics manipulation tools to provide the retouch service as specified in the order;
2.1.4 iRetouching.com shall notify you by email when your order has been completed and the results are available for download from the website. However, it is recommended to visit your personal page regularly as it is possible that emails do not reach their destination due to anti-spam, virus scanners and other methods of mail security or other. You will be enabled to download your order from our website.
2.2 Each order submitted by you shall be subject to acceptance by iRetouching.com and such acceptance may be withheld at the absolute discretion of iRetouching.com.
2.3 You may cancel any order on the website after receiving the quote. However, you may not cancel an order after notification of acceptance by us as the provision of the retouch service in respect of that order will have commenced.
2.4 Delivery times quoted in the email confirmation of the order or specified in our acceptance of any order are estimates only and iRetouching.com shall not be liable for any delays in delivery. iRetouching.com shall also not be liable for delays in delivery of the retouch service caused by matters outside the control of iRetouching.com. Delivery times are only applicable after the quote has been accepted and payment occurred. iRetouching.com will do anything within its power to notify a client when the delivery time, as shown on the website, cannot be met. The customer is still responsible for paying the amount despite the fact that iRetouching is not able to meet with the delivery time as shown on the website or email.
2.5 All standard prices quoted will be subject to change without prior notice to reflect any increase in the cost to iRetouching.com. iRetouching.com shall use reasonable endeavours to draw your attention to any such increase in price before acceptance of your next order.
2.6 We aim to protect legitimate credit card/debit card owners from fraud and therefore will report to the relevant authorities any person using or attempting to use a credit card/debit card, without apparent authority.
3 WARRANTY AND LIABILITY
3.1 You warrant that all details you provide to iRetouching.com for the purpose of purchasing the retouching service are correct, that the credit, or any electronic cash, which you may use in payment for any order is your own and that there are sufficient funds or credit facilities to cover the cost of retouching services. We reserve the right to obtain validation of your credit details before providing you with the retouching service.
3.2 We warrant that each retouch we generate for you, pursuant to these terms and conditions, shall comply in all material respects with the order. If any retouch generated by us pursuant to these terms and conditions is demonstrated to our reasonable satisfaction to be defective, iRetouching.com will repeat the services and generate and deliver to you a replacement retouch which complies in all material respects with the order at no extra charge or if you are not satisfied we have met the service we will offer a full monetary refund. However iRetouching.com accepts no liability for any defect in the order or any defect which has otherwise been caused by our reliance upon your instructions.
3.3 Any claim based on any defect in the quality of any retouch service supplied pursuant to these conditions must be notified to us within 14 days of its delivery after which you will be deemed to have accepted the retouch service as having been delivered in accordance with the order.
3.4 We will use all reasonable endeavours to ensure that the website remains available at all times. However, iRetouching.com cannot guarantee that the website will operate continuously or will be error free. We therefore cannot accept any liability for any failure or non-availability of the website.
3.5 We shall not be liable to you for any damage to or loss of any data, loss of profit, anticipated profits, revenues, anticipated savings, goodwill or business opportunity, or for any indirect or consequential loss or damage.
3.6 Our maximum aggregate liability to you in relation to any order shall in no circumstances exceed the price paid to us in relation to that order. Nothing in these general terms and conditions shall be construed as excluding or limiting our liability for death or personal injury caused by negligence or liability for fraud.
3.7 A generated retouch will be available for downloading for 28 days after having been uploaded to iRetouching.com. We shall not be responsible for any delay disabling you to download your order within these 28 days. Therefore we shall not be held responsible for failure or delay in email notification as due to mail security programs it is possible that you do not receive the email notification regarding your order.
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4 INTELLECTUAL PROPERTY
4.1 You warrant and represent that you are authorised to submit orders to iRetouching.com together with all the graphics files contained therein. You agree to indemnify iRetouching.com and hold iRetouching.com harmless against all loss, damage, claims, demands, actions, costs, charges, expenses and liabilities of whatsoever nature arising out of or in connection with any claim that the possession or use by iRetouching.com of graphics files submitted by you as part of any order infringe the proprietary rights of any third party.
4.2 The name iRetouching.com is a trade mark of iRetouching.com and may not be used without our prior written consent. All other trade marks used on the website are the property of their respective proprietors.
4.3 After paying and downloading your order, the copyright of the retouched pictures is automatically handed over to you to use for all purposes. If payment has not occurred yet, iRetouching.com remains the copyright owner of the retouched
pictures.
4.4 iRetouching.com will only make flattened files available for downloading. Layered files will be the property of iRetouching.com and iRetouching.com only.
5 PRIVACY
5.1 Before you place your first order you will be asked to provide your name, email address and other personal information necessary for iRetouching.com to fulfill your orders and/or enhance your visit to the website.
5.2 iRetouching.com may use such personal data for mailings, support and general correspondence regarding the services of iRetouching.com. If you would prefer not to receive such communications from iRetouching.com please notify us by email to info@iretouching.com.
5.3 Any information you provide to iRetouching.com will be kept confidential and will be used only to support your customer relationship with iRetouching.com. We shall not disclose or sell information about you to any third party except in connection with a sale of the whole or part of our business.
6 SECURITY
6.1 You acknowledge that you are responsible for the protection of your computer system, hardware, software and data and those of third parties who may access or otherwise be connected to your computer system. Consequently you accept responsibility for ensuring that all emails, programs or other data downloaded or otherwise received from the website or iRetouching.com are free from viruses, worms, Trojans and all other forms of malicious code before using the same.
6.2 We take reasonable steps to ensure that unauthorised third parties do not access data transmitted electronically to us or by us via the website. However we cannot guarantee that such access cannot happen. Consequently you accept the risk that data transmitted electronically by us or to us via the website may be intercepted or accessed by third parties who are unauthorised by us.
6.3 We use “cookies” to identify users of the website and personalise their visit by customising web pages for them and for collecting user information to enable us to provide the retouching services and fulfill our obligations to customers.
7 CONFIDENTIALITY
7.1 Both parties agree that they shall keep confidential all information of a confidential nature, (including trade secrets and information of commercial value), which may be disclosed to them by the other party pursuant to these terms and conditions and agree that they shall not, without the prior written consent of the disclosing party, use any confidential information for their own purposes or disclose it to any third party provided that the receiving party shall have no obligations under this Clause 7.1 to the extent that such information is public knowledge or is already known to the receiving party at the time of disclosure or subsequently becomes public knowledge other than by breach of these terms and conditions or subsequently comes lawfully into the possession of the receiving party from a third party.
8 GENERAL
8.1 iRetouching.com will not pass on any information relating to you to any other company without your prior consent. We will use information collected from you for the purpose of fulfilling your orders.
8.2 You are not entitled to assign or transfer to any third party any of your rights or obligations under these terms and conditions.
8.3 If any provision or any part of any provision in these terms and conditions is held by any court of competent jurisdiction to be illegal, invalid, void or unenforceable for any reason then that provision, or part provision, shall be treated as having been deleted. The remainder of these terms and conditions shall continue to apply.
8.4 Neither party shall be liable to the other for any failure to perform any of their obligations under these terms and conditions which is due to circumstances beyond their reasonable control.
8.5 No waiver by either party of any breach by the other party of any provision of these terms and conditions shall be deemed a waiver of any subsequent breach of the same or any other provision.
8.6 These terms and conditions shall be governed by the UK law and you agree to submit to the non-exclusive jurisdiction of the courts of the United Kingdom.
9 DISPUTE
9.1 In case of disagreements between you as customer and iRetouching.com as supplier, we as iRetouching.com will provide independent judgement whether a picture is retouched correctly or needs to be reprocessed. If the picture is processed correctly according to this judgement, then your payment is required to reprocess the picture. If the picture is processed incorrectly according to this judgment, the picture will be processed free of charge.
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