1.1 Your purchase or hire of any of the products, and your purchase of any services, offered on this Site (respectively Products and Services) is subject to these Terms of Supply and by placing an order for any product you agree to be bound by them. Use of the Site itself is subject to our Website Terms of Use. Use of your personal information submitted to or via the Site is governed by our Privacy and Cookies Policy.
1.2 In respect of any orders that are placed by telephone, by correspondence or in person, our standard terms applicable to such ordering methods in force from time to time will apply to those orders (and only to those orders) and not these Terms of Supply.
1.3 We reserve the right to change these Terms of Supply from time to time by changing them on the Site, although no such change will affect any order you have already placed with us. These Terms of Supply were last updated on 7 February 2019.
Unless otherwise stated on the Site, the supplier of any Products and/or Services you order PhotoGrad Limited, trading as PhotoGrad Photography or PhotoGrad LTD, whose company details are set out in our Website Terms of Use. Our registration number is XXXXXXX in Bangladesh
3.1 Whilst we have taken reasonable steps to depict Products as accurately as possible through the photographs and other images featured on the Site, the detailing (such as colour, pattern and texture, etc.) you see on-screen will depend on your monitor and, as such, may not exactly reflect the actual detailing of a Product when you receive it. Printed copies might have variations and editing processes to govern the quality of the printed photograph and the digital photographs
3.2 Any information on the Site regarding sizing of Products is included as a guide only. If you are in any doubt as to the size of any Product you require or have special requirements (for example related to outfit, photoframes etc), we recommend that you Contact us prior to placing an order, and we will do our best to try to help you.
4.1 Products and Services may be ordered on the Site by following the book now process that appear on-screen. You may check and correct any input errors in your order up until the point at which you submit your order to us by clicking the “Order with obligation to pay” button on the checkout page. Please do check your order before you submit it.
4.2 After placing an order, you will receive an email from us acknowledging that we have received your order and giving you an order reference number (Order Confirmation). Please note that this does not mean that your order has been accepted. Your order constitutes only an offer to buy or hire from us (as the case may be). All orders are subject to acceptance by us. We are not obliged to accept your order and may, in our discretion, decline to accept any order.
4.3 All products or services are subject to availability. It is particularly important if your order is for the services of our Products and/or for photography Products and Services, that you place your order early to avoid disappointment because we only have a limited number of Products and photography appointments available for any one ceremony (Ceremony) especially for the family photography session.
4.4 If, for any reason, we are unable to accept your order (for instance, because of insufficient stock or a Product has been discontinued), we will notify you by email – in in the case of purchased Products, within 3 working days after we send you the Order Confirmation or, in the case of hire Products, at least 48 hours before the Ceremony (assuming you place your order at least 48 hours before the Ceremony). If we do not accept your order, we will promptly give you a full refund.
4.5 Where we accept your order for purchased Products, we will be under a legal duty to supply you with goods that are in conformity with the contract that arises from that order. You will be requested to follow the guidelines provides for the appointment in order to achieve the best results. You must inform us in advance when booking if there are any requirements and if there are any sensitivities to flash photography or photography.
5.1 If you wish to change your order (for example, changing Products, Ceremony or other details), you should Contact us as soon as possible, and we will do our best to try to help you, but please note that, due to availability and other constraints we may not always be able to accommodate changes and we reserve the right to charge you an administration fee (which we will notify to you) if we do so. Requests for exchanges cannot be considered beyond 28 days after your order is delivered.
5.2 Nothing in this section affects your right to cancel your order within the Cooling-off period.
6.1 Purchased Products will be delivered to the delivery location as we specify in the order. Except in the case of Photography Products, delivery will normally be between one and seven days of despatch, depending upon the method of despatch you choose and the delivery address, but in any event delivery will be within 30 days of despatch. We will only despatch when all items of the order have become available in stock, including any non-stock item which has to be ordered in, and therefore the delivery time will depend on when the last item comes into stock.
6.2 Products comprised within the same order cannot be delivered to different addresses. Orders cannot always be delivered to PO Box or similar addresses.
6.3 Deliveries are made by courier and take place on Monday to Friday, excluding bank and public holidays, usually within the hours of 8am and 6pm. It is not possible to specify a precise time at which a delivery will take place. Please note that the courier may require deliveries to be signed for.
6.4 It would be helpful if you would provide an address where someone will be in during the working day (for example, a work address). We are not responsible for any delay in delivery caused by the unavailability of someone to take personal delivery of an order that needs to be signed for. It is your responsibility to contact the post office or relevant courier company as applicable to arrange the collection or delivery of Products that could not be delivered because you were not in.
6.5 Products ordered will be at your risk from the time of delivery. Ownership of purchased Products will also pass to you on delivery, provided we have received full payment of all sums due in respect of the Products, including delivery charges.
8.1 Photography appointments take place at, or immediately prior to, the Ceremony specified when ordering and you should present yourself to our photography staff on the day promptly. You will be responsible to dress appropriately for the photo shooting services. In certain cases you will be provided with a gown that will best fit your size and will depend on the day of its availability.
8.2 At some ceremonies/photo shooting session we also take non-posed photographs of you receiving your award. These photographs will be available for view and order on the Site and/or at the venue, depending on location. You will need a password to access the images and this will be provided to you by email once they are loaded on to the Site, usually within five days of the Ceremony. The password will be specific to your Ceremony. If you wish us to remove your photograph please contact us photogradbd@gmail.com and we will promptly remove the photograph. The photographs will otherwise be displayed on the Site for up to six months after the Ceremony.
8.3 Photography Products will be delivered within six weeks and during the Ceremony at which they were taken or 4 weeks later after the photo shooting services. Photographs will be supplied on photographic paper or on digital media, as indicated on the Site. We do not supply photographic negatives.
8.4 As between you and us, we retain full, unlimited, worldwide copyright and other intellectual property rights in all photographs. They are supplied solely for personal display purposes and may not be copied, published, reproduced or stored on any electronic retrieval system without our express written permission. Any sample individual photograph on the Site, whether in ‘thumbnail’ or full form, is for sample purposes only.
8.5 If you take part in a group photograph, you agree that you do so voluntarily and on the basis that you consent to the fact that your image may be displayed (including on the Site or any other website and in printed publications) and made generally available for purchase by other customers, and may be used by us for promotional purposes. Due to the number of people involved in a group photograph, you will not be able to withdraw your consent once the photograph has been taken.
Before the Photograph session a formal identification will be required to verify the person for the photography session and will be cross checked against the database provided by the authority for the graduation ceremony purposes.
In some cases graduates from earlier years might be able to attend some of our events or sessions and will need the certificate / ID to verify or be eligible for the photographs with a university photo frame.
9.1 Prices are as quoted on the Site from time to time. Prices include VAT but exclude delivery costs for purchased Products, which will be automatically added to the total amount due, once you have selected your chosen different delivery method, and will be shown when you view the items in your shopping basket.
9.2 Where VAT does not apply, a price adjustment will be made and a copy of your ex-VAT invoice will be despatched with your goods.
9.3 Prices (and delivery costs) are liable to change at any time, but changes will not affect orders which we have already accepted.
9.4 The Site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on the Site may be incorrectly priced. We will normally verify prices as part of our order processing procedures so that, where a Product’s correct price is less than our stated price, we will charge you the lower amount. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions or reject your order and notify you of such rejection.
9.5 Payment for all orders must be made by credit or debit card on the checkout page. We accept payment by most major credit and debit cards and payment options such as Bkash. Cash can be accepted in some cases.
9.6 If you use a credit or debit card which is not registered to a statement address in the Bangladesh, we may perform separate credit validation checks before accepting that means of payment. Online payment transactions are also subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorise payment for any reason. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this.
9.7 Where payment is authorised, your credit or debit card will be charged as soon as you complete the checkout process.
9.8. You will informed by email/letter through our company email regarding the confirmation of the booking and payment information might arrive from the payment gateway provider directly with our company details.
PhotoGrad will provide some of the gowns with various sizes that might would fit you during the photography session. Incase of any issues of unavailability of the gowns/hats we will reschedule the event or fully refund you.
You will be liable for the full retail price of the hire Products in the event of any damage or loss occurring due to your failure to take proper care of them or in the event that the hire Products are not returned, in which case, we may debit your credit or debit card (where payment has been made by such method) for the sum due and will inform you (by email) that we have done so.
11.1 You may cancel your order for purchased Products (except for Products that have been personalised or made to your own specifications, which includes photographs once they have been taken) at any time before your order is delivered and up to 3 days afterwards, beginning on the day after you have booked the sessions. After the 3 day period,
We understand unexpected circumstances may happen. You may cancel or reschedule your appointment 72 hours (3 days) prior to your booked session. You will be credited for your future booking session that can be scheduled any time. If you cancel or miss a session with less than 48 hours notice, your session fee will be deducted from your account (i.e. you will be charged the full amount).
For cancellations made with more than 48 hours notice, the fee paid will remain on your account and can be used for a future appointment.
11.4 To cancel your order, you must:
11.5 Details of the consumer rights described above, and an explanation of how to exercise them, are provided in the Order Confirmation. Nothing in this section affects your legal rights.
12.2 You should package the parcel securely (making sure you include a note of your name and address (enclosing any returns slip, if we have provided one) inside the parcel) and then return it to us, either by courier or by a form of certified mail, to the following address:
PhotoGrad Ltd
Road 14, House 17, Suite GB
Baridhara Balee
Dhaka 1212
Bangladesh 1212
12.3 We advise that you take out enough postal/carriage insurance to cover the value of the contents. If you are returning Products to us from outside Bangladesh, you should check with your local customs office to ensure that they are not subject to further import duties and taxes when they arrive back in Bangladesh.
12.4 Please save your proof of posting/despatch and tracking information until your refund has been processed. You will be responsible for the cost and risk of returning the Products to us.
13.1 Please refer to the Cooling-off period for your rights of cancellation.
13.2 If you cancel your order within the Cooling-off period, we will refund the price paid. If you received any promotional or other discount when you paid, the refund will only cover the amount you actually paid.
13.3 If the Products have been despatched to you, the refund will include the cost of standard delivery, but we will not refund your cost of returning the Products to us. The refund will be less any amount we are entitled to deduct in accordance with our Returns policy.
13.4 We will process the refund due to you as soon as possible and, if the Products have been despatched to you, then in any event within 14 days after the day on which we receive the Products back or, if earlier, the day on which we receive evidence that you have returned the Products to our Returns address.
13.5 Where Products (except for Products that have been personalised or made to your own specifications, which includes photographs once they have been taken) are returned to us because the courier has been unable to deliver the Products, we will contact you to try to arrange a re-delivery. If we do not hear from you to arrange a re-delivery within 1 month of our receipt of the Products, we will cancel your order and refund the price paid (subject to any deduction we are entitled to make).
13.6 We will refund any money using the same method originally used by you to pay. If we are unable to put the refund through on this card for any reason, we will contact you on the email address supplied by you to discuss alternative arrangements.
14.1 If any Product you purchase is damaged, defective or faulty when delivered to you, we may offer a repair, exchange or refund, as appropriate, in accordance with your legal rights. If you believe a Product was delivered damaged, defective or faulty, you should Contact us as soon as possible, giving us your name, address and order reference and details of the problem.
14.2 Please note that, in accordance with the accepted practices of all professional photographers and photographic laboratories, objections in relation to any photographic Products of reasonable quality will not be accepted. We cannot be responsible for individual tastes or expectations. You should bear in mind that photographic prints will, over time, fade. This is particularly true if they are left in bright sunlight and/or are not behind glass. We cannot accept any responsibility for this gradual image deterioration.
14.3 Nothing in this section affects your legal rights.
15.1 Nothing in these Terms of Supply shall limit or exclude our liability to you:
15.2 Subject to this, in no event shall we be liable to you for any business losses and any liability we do have for losses you suffer shall not exceed the price payable for the purchase or hire of the relevant Products (as the case may be) and is strictly limited to losses that were reasonably foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
15.3 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control.
16.1 You may not transfer or assign any or all of your rights or obligations under these Terms of Supply.
16.2 All notices given by you to us must be given in writing to the address set out at the end of these Terms of Supply. We may give notice to you at either the email or postal address you provide to us when placing an order.
16.3 If we fail to enforce any of our rights, that does not result in a waiver of that right.
16.4 If any provision of these Terms of Supply is found to be unenforceable, all other provisions shall remain unaffected.
16.5 These Terms of Supply may not be varied except with our express written consent.
16.6 These Terms of Supply and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any order. Each contract relating to an order will be deemed to have been concluded in Bangladesh. We are required by law to advise you that contracts may be concluded in the English or Bengali language only and that no public filing requirements apply.
16.7 These Terms of Supply shall be governed by Bangladesh law, and you agree that any dispute between you and us regarding them or any order will only be dealt with by the Bangladeshi courts.
16.8 PhotoGrad is not liable for direct or indirect consequences that may arise due to negligence of the client or not liable for any third party that directly provides any products or services.
16.9 The Client must check all details and information before committing to any time and payment for session and photograd will not be liable for errors caused by the client
PhotoGrad believes in high quality service and advises its members and clients to settle all disputes or any issues amicably and contact us prior to any action that may cause
PhotoGrad website and its photos cannot be copied for any reason with out the permission of PhotoGrad. It will be against the law to copy our products directly.
PhotoGrad has the right to take legal action if any party misuses the brand, products according the laws of Bangladesh.
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