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Terms And Conditions Of Sale

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 PORTRAITS BY EMEM

TERMS AND CONDITIONS OF SALE

These Terms govern

  • the use of our service, and,
  • any other related Agreement or legal relationship with the Service Provider

 

in a legally binding way. Capitalized words are defined in the relevant dedicated section of this document.

The Client/Client must read this document carefully.

This Service is provided by:

Portraits By Emem – Carlton Gate Estate, Chevron Drive, Lekki Epe Expressway, Lekki Lagos. Nigeria

PBE contact email: admin@portraitsbyemem.com

NOTABLE DEFINITIONS

  • Consultation Process: The period within when we take in your requirement for your session and confirm all that will be necessary to make your portrait session a memorable one.

 

  • Booking: The confirmation of your session/order with the receipt of 80% or Full payment for the value in the invoice shared regarding your order.

 

  • Image Selection Process: We recommend that clients take a moment right after the portrait session to select desirable images from the session as we advise on which images will generate the best portraits. In the case where clients are unable to make a selection on the same day of the session or a day after, PBE team reserves the right and takes to consent from the client to make informed selection on their behalf.

 

PBE Team will not be held responsible to reselect, reproduce or replace any image that has been worked on with a new selection.

  • Production Process and Period: This is the period right after your session is completed. The PBE team will go to work to start processing your images. It takes 15 working for your images to be presented and shared with you.

 

1.0 PAID PRODUCTS

Some of the Products and Services provided on this agreement, as part of the Service, are provided on the basis of payment.

The fees, duration and conditions applicable to the purchase of such Products are described below and in the dedicated sections of this Agreement.

2.0 PRODUCT DESCRIPTION

Prices, descriptions or availability of Products are outlined in the respective sections of our offerings and are subject to change without notice.

While our Products are presented with the greatest accuracy technically possible, representation on the price guide is limited and the details highlighted here will be in reference to more terms to each product. Representation through any means (including, as the case may be, graphic material, images, colors, sounds) is for reference only and implies no warranty as to the characteristics of the purchased Product. All payments are non-refundable and non-transferable.

You are entitled to all the outfits option-change under your package/collection. Un-used outfit change under any package cannot be redeemed, transferable or refunded.

2.1 UYAI COLLECTION

  • 1 Outfit
  • Premium Folio Box with 6 printed images in Matt Frame
  • Digital Files of the 6 corresponding images
  • Accommodates only a maximum of 2 persons
    • Complimentary benefits – Professional Make up for 1 look

 

2.2 EDIYE COLLECTION

  • Up to 3 outfits
  • Premium Folio Box with 10 printed images in Matt Frame
  • Digital Files of the 10 corresponding images
  • Accommodates only a maximum of 4 persons
    • Complimentary benefits – Professional Make up for 1 look

2.3 EDIMA COLLECTION

  • Up to 5 outfits
  • Premium Folio Box with 15 printed images in Matt Frame
  • Digital Files of the 15 corresponding images
  • 24” by 36 Wall Frame
  • Accommodates only a maximum of 6 persons
    • Complimentary benefits – Professional Make up for 1 look
    • Tea Break Refreshment

 

2.4 Extra Images/Outfits/Person

During your consultation or your portrait session, you are able to upgrade your package details to new direction as you deem fit. Any request for extra images, Outfits, or Person will be at a fee.

Please note that Extra outfits Persons do not come with extra images.

2.5 Complimentary benefits:

  • They are non-transferrable to another session/product or person, and cannot be redeemed for money in cash or kind or service.
  • Complimentary Gift Vouchers cannot be redeemed for cash or other services other than a portrait session collection.

 

The characteristics of the chosen Product will be outlined during the purchasing process.

3.0 PURCHASING PROCESS

Any steps taken from making an enquiry, booking a consultation, receiving our welcome email and choosing a Product to booking your session forms part of the purchasing process.

The purchasing process includes these steps:

  • Client must choose the desired Product and verify their purchase selection.
  • After having reviewed the information displayed in the purchase selection, Clients may place the order by responding or contact the admin representative.
  • An order submission process to confirm booking and other requirement for the session.

 

4.0 ORDER SUBMISSION

When the Prospect/Clients submits an order, the following applies:

  • The submission of an order signifies contract negotiation conclusion and therefore, an invoice is generated. This creates for the Client the obligation to pay the price, taxes and possible further fees and expenses, as specified on the order page/invoice.

 

  • In case the purchased Product requires active input from the Client, such as the provision of personal information or data, specifications or special wishes, a revised order submission created through the invoice and it is shared with the client. Based on this revision, the Client is obliged to order their session by paying for their booking accordingly.

 

  • Upon payment of the order/booking, Clients will receive a receipt confirming that the order has been received.

 

  • Any unpaid order is accepted as not booked. Payment confirms booking.

 

  • All notifications related to the described purchasing process shall be sent to the email address provided by the Client for such purposes.

 

5.0 PRICES

Clients are informed during the purchasing process and before order submission, about any fees, taxes and costs (including, if any, delivery costs) that they will be charged.

  • Prices on Price Guide are displayed:
  • either exclusive or inclusive of any applicable fees, taxes and costs, depending on product selected.

 

6.0 DISCOUNTING

Discounted sessions come with deduction from the initial offering in each collection. Kindly confirm the exact take out from your discount sessions when shared with you.

7.0 METHODS OF PAYMENT

Information related to accepted payment methods are made available during the purchasing process and detailed on the invoice shared.

Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of this Application.

If a payment through the available methods fails or is refused by the payment service provider, PBE shall be under no obligation to fulfill the purchase order. Any possible costs or fees resulting from the failed or refused payment shall be borne by the Client.

8.0 RETENTION OF BOOKING DATE AND ORDER

Until payment of the total purchase price is received by the PortraitsByEmem, any session date or products ordered shall an open request.

9.0 DELIVERY

9.1 Delivery of digital files

Unless otherwise stated, digital files of the corresponding images selected and purchased is delivered and viewed via a download link. Clients will receive High Resolution Images view this link for their use.

9.2 Delivery of Folio Box – (Printed Images)

Unless otherwise stated, Printed images are presented in our branded Folio Boxes with the selected images that have been professionally processed. Clients are advised to make arrangement for pick up from the studio or otherwise accept to be delivered to the address in record or address shared at a logistic fee.

10.0 PERFORMANCE OF SERVICES

The purchased service shall be performed or made available within the timeframe specified on this Agreement or as communicated before the order/booking submission.

11.0 EXPEDITE OF SERVICES

The purchased service shall be performed or made available within the timeframe specified on this Agreement or as communicated before the order/booking submission.

If a client requests for their images to delivered earlier than 15 days, an expedite fee of

  • 20% on UYAI Collection,
  • 15% on EDIYE Collection,
  • 15% on EDIMA Collection,

 

on the session see will be due to charge for this request.

 

12.0 OUT OF STUDIO SERVICES

Every session is scheduled and booked to be conducted at the PBE Studio. Clients requesting for session in their homes or any location outside the studio attracts an Out-of-Station fee.

13.0 LIABILITY AND INDEMNIFICATION

Limitations of liability

To the maximum extent permitted by applicable law, in no event shall PORTRAITS BY EMEM, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for

  • any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and
  • any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or clients account or the information contained therein;
  • any errors, mistakes, or inaccuracies of content;
  • personal injury or property damage, of any nature whatsoever, resulting from client’s access to or use of the Service;
  • any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or
  • the defamatory, offensive, or illegal conduct of any client or third party. In no event shall PBE, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by Client to the PBE hereunder in the preceding 12 months, or the period of duration of this agreement between the PBE and Client, whichever is shorter.

 

This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if company has been advised of the possibility of such damage.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to Client. The terms give Client specific legal rights, and Client may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.

 

Indemnification

The Client agrees to defend, indemnify and hold PBE and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from

  • Client’s use of and access to the Service, including any data or content transmitted or received by Client;
  • Client’s violation of these terms, including, but not limited to, Client’s breach of any of the representations and warranties set forth in these terms;
  • Client’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;
  • Client’s violation of any statutory law, rule, or regulation;
  • any content that is submitted from Client’s account, including third party access with Client’s unique Clientname, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;
  • Client’s wilful misconduct; or
  • statutory provision by Client or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent allowed by applicable law.

 

14.0 COMMON PROVISIONS

14.1 No Waiver

The failure of PBE to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

14.2 Service reselling

Clients may not reproduce, duplicate, copy, sell, resell or exploit any portion of this service or images and of its Service without PBE’s express prior written permission, granted either directly or through a legitimate reselling programme.

14.3 Privacy policy

To learn more about the use of their Personal Data, Clients may refer to the privacy policy of this Service.

14.4 Intellectual property rights

Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to this service, product and images are the exclusive property of the PBE or its

licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.

All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with this Service are, and remain, the exclusive property of the PBE Company or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.

14.5 Changes to these Terms

PBE reserves the right to amend or otherwise modify these Terms at any time. In such cases, PBE will appropriately inform the Client of these changes.

Such changes will only affect the relationship with the Client for the future.

The continued use of the Service will signify the Client’s acceptance of the revised Terms. If Clients do not wish to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms, may entitle either party to terminate the Agreement.

The applicable previous version will govern the relationship prior to the Client’s acceptance. The Client can obtain any previous version from PBE.

If required by applicable law, PBE will specify the date by which the modified Terms will enter into force.

14.6 Assignment of contract

The PBE reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the Client’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.

Clients may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the PBE.

14.7 Governing law

These Terms are governed by the law of the place where the PBE is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.

15.0 Dispute resolution

15.1 Amicable dispute resolution

Clients may bring any disputes to PBE who will try to resolve them amicably.

While Clients’ right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of this Service, Clients are kindly asked to contact the PBE at the contact details provided in this document.

The Client may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to the PBE’s email address specified in this document.

PBE will process the complaint without undue delay and within 15 days of receiving it

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