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Introduction

1.1 This web site is operated by Avision, a business registered in the Republic of Ireland and having its place of business at the 4 William West Street, Galway, Co. Galway. The administrative section of Avision is located at 1 Stonewater, Dominick Street, Galway, Co. Galway. You may seek information about and order the AVISION VIRTUAL DECORATION _TM product and our other products and services on this web site (the "Products").

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Ordering and Purchase - Means of payments

2.3 You undertake that all details you provide to us when ordering the Product will be correct, that the credit card which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the product involved. We reserve the right to obtain validation of your credit details before providing you with a copy of the Product.

2.4 - Onsite Products
The price of the Products, and the procedures for ordering, payment and delivery are displayed on this web site. For onsite products, you must pay by cash, cheque, bank transfer or postal order on receipt of invoice. The price of the Products is the price in force at the date and time of your order. We may change the price of the Products before you place an order. We try to ensure that the price displayed on this web site is accurate but the price on your order will need to be validated by us as part of the acceptance procedure (see paragraph 2.2). We will inform you if the Product's correct price is higher than that stated in your order and you may cancel the order and decide whether or not to order the Product at the correct price. At all times full payment, including shipping fees is due on receipt of the invoice. An invoice is sent out to you via post or email on completion of the project.

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3.4 This does not affect your statutory rights.

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Avision Virtual Decoration _TM  Disclaimer

4.1 The Avision Virtual Decoration _TM solution is primarily designed to help you visualize various colour schemes in your own space and be bolder with colours. Please bear in mind that however realistic the obtained results may be, this solution remains an approximation and does in no way claim to represent perfectly what a colour will look like on a given surface. This solution is subject to the same restrictions as traditional paint samples and colour swatches.

4.2 Once the paint is applied, the end result may differ slightly from the effect displayed on the photographs you receive, or on the paint swatches/cards supplied by the manufacturer, as results depend significantly on the paint finish, the surface, the number of coats, as well as the type of ambient lighting. With the Avision Virtual Decoration _TM solution, colours are matched by eye from actual paint chips and swatches, which implies a certain degree of subjectivity in the perception of colours. The professionals at Avision rely on their experience with colour and decoration to offer you results that are as realistic as possible.

4.3 In any case, Avision's liability shall be limited to the amount paid by you for the copy of Products concerned (see Section 10 on Liability).

4.4 The photographs supplied by Avision may be subject to wear and tear and colour accuracy may be affected, by time, storage conditions, temperature and other elements. Although we do our best to select the highest quality media and equipment, we can not guarantee that the colour on your prints will remain equally accurate in time. We recommend that you store photographic prints away from direct sunlight, humidity, dampness, moisture, chemicals, extreme temperatures, and preferably in PVC free photo albums in a cool, dark and dry location. Avision use high quality glossy photographic paper in order to ensure better quality prints. Should you be anxious about fingerprints on this type of paper, we recommend that you use of white cotton gloves when manipulating your prints.

Note: In order to achieve results as close as possible from the Avision Virtual Decoration _TM photographs, make sure you use the manufacturer's paint that corresponds to the colour you chose. Mixing colours from brand X with paint from brand Y is likely to affect the colours of your project.

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Security

5.1 You are solely responsible in all respects for all use of and for protecting the confidentiality of any user name and password that may be given to you or selected by you for use on this web site. You may not share these with or transfer them to any third parties. You must notify Avision immediately of any unauthorised use of them or any other breach of security regarding this web site that comes to your attention.

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Applicability of Online Materials

6.1 This web site is controlled and operated by us from our offices in Galway, Ireland. Where content published on this web site is supplied by third parties, you understand that we do not control or endorse their contents in any way. All content which is offered by third parties that are not affiliated with or otherwise connected with Avision is published in good faith but Avision does not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of such content (whether published on or off-line) and the use of such content, except for content which relates directly to the Product you purchase]. [You assume total responsibility and risk for your use of this web site and use of all information contained within it.]

6.2 Avision has used all reasonable endeavours to ensure that this web site complies with Irish law. However, we make no representations that the materials on this web site are appropriate or available for use in locations outside the Republic of Ireland.

6.3 Avision makes no warranties, expressed or implied, that making the Product available in any particular jurisdiction outside the Republic of Ireland is permitted under any applicable local laws or regulations. Accordingly, if making the Product or any part available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, the Product is not offered for sale to you. You accept that if you are resident outside the Republic of Ireland, you must satisfy yourself that you are lawfully able to purchase the Product. Avision accepts no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from or related to the purchase or attempted purchase of the Product by persons in jurisdictions outside the Republic of Ireland or who are nominees of or trustees for citizens, residents or nationals of other countries.

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Copyright, Trademark and Monitoring

7.1 The contents of our web site are protected by copyright laws and other intellectual property rights. The owner of these rights is Avision or other third party licensors. All product and company names and logos mentioned in this web site are the trade marks, service marks or trading names of their respective owners, including Avision. You may download material from this web site for the sole purpose of placing an order with Avision or using this web site as a shopping resource. However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from this web site including but not limited to text, graphics, video, messages, code and/or software without Avision's prior written consent, except where expressly invited to do so, for example in order to complete any test or questionnaire.

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Linked Sites

8.1 Avision makes no representations whatsoever about any other web sites which you may access through this web site or which may link to this web site. When you access any other web site you understand that it is independent from Avision and that we have no control over the content or availability of that web site. In addition, a link to any other site does not mean that Avision endorses or accepts any responsibility for the content, or use of, such a web site and shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other web or resource. Any concerns regarding any external link should be directed to its web site administrator or web master.

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Availability of the Web Site

9.1 We will try to make this web site available but cannot guarantee that this web site will operate continuously or without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of this web site and in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, service, web site, router or any other internet connected device.

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Liability

10.1 Avision warrants that Products purchased from us will be free from defects in materials and workmanship under normal use for a period of ninety days - should your products be stored in optimal conditions. Avision excludes all other express or implied terms, conditions, warranties, representations or endorsements whatsoever in relation to this web site or any information or service provided through this web site. Avision will do its best to ensure that all material and information on this web site is accurate, but please note that all materials and information on this web site are provided on an "as is" basis.

10.2 In relation to the purchase of the Products, Avision accepts no liability for any indirect or consequential loss or damage, for any loss of data, profit, revenue or business (whether direct of indirect), however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of this web site or its contents other than as a direct result of purchasing a copy of the Products, we accept no liability for this loss or damage (except where Avision has been negligent whether due to inaccuracy, error, omission or any other cause and whether on the part of Avision or its servants, agents or any other person).

10.3 Avision will not accept any liability for any direct or indirect loss of damage, any loss of profit, revenue, business (whether direct of indirect), should anyone deem that our representation of a colour is inaccurate. The Avision Virtual Decoration _TM solution is based on estimation and is therefore a subjective approximation of what we think a colour may look like on particular surfaces (see disclaimer in section 4 for more info on colour representation and perception). It is solely your choice to decide and apply paint to a surface and we do by no means guarantee that the actual paint finish will match exactly our representation of any given colour.

10.4 If Avision is liable to you for any reason, Avision's liability will be limited to the amount paid by you for the copy of Products concerned.

10.5 You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our web site and is compatible with this web site. [You also understand that Avision cannot and do not guarantee or warrant that any material available for downloading from this web site will be free from infection, viruses and/or other code that has contaminating or destructive properties. All files available for downloading on this website have been checked with an updated virus checker, but as with all software you are responsible for implementing sufficient procedures and virus checks (inducing anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

10.6 The customer will indemnify and hold harmless the printer, Avision, from any and all loss, cost expense, and damages on any and all manner of claims, demands, actions and proceeding that may be instituted against the printer on the grounds alleging that said printing violates any copyright or any proprietary right of any person. You certify that you own the rights to use the image(s) being reproduced on your order.

10.7 Avision shall not endorse nor accept any responsibility for any work carried out by third parties, even when recommended by Avision or present on Avision's website. This includes dealings with decorators, designers and any other third party (even partners and sponsors from Avision). Any dealings you may have with third parties only concerns yourself and those third parties.

10.8 Avision shall not be liable for damage to the Products supplied such as wear and tear, accidental damage (including fire and flood), misuse or improper care, nor shall Avision be held liable for loss or theft of the delivered products.

10.9 You are 100% responsible for the quality and origin (including copyrights) of the pictures you send to us electronically. Please make sure you include the right images before sending them to us. For the Avision Virtual Decoration service, it is up to you to verify that you are supplying us with the correct information. We do not accept any liability for left out details or mistakes (in manufacturers' colour codes and names for instance) that have been approved by you. However, regarding the Avision Virtual Decoration online service, if we think that the quality of your images is clearly not good enough to achieve the quality standard we have set, we will inform you before carrying out any work. Once you have approved the order, we can not be held responsible for lack in quality in printed images, should the quality of the provided images be too low.

10.10 The limitations and exclusions in this paragraph 10 only apply to the extent permitted by applicable law.

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General

11.1 Avision may assign, novate or subcontract any or all of its rights and obligations under these terms and conditions at any time.

11.2 Avision may alter these terms and conditions from time to time and post the new version on this web site, following which all use of this web site will be governed by that version. You must check the terms and conditions on this web site regularly.

11.3 These Terms and Conditions together with any order form and any payment method instructions, if any, are the whole agreement between you and Avision. You acknowledge that you have not entered into this agreement in reliance upon any warranty or representation made by Avision or any other person and you waive any rights to damages/rescission you may have for misrepresentation (other than a fraudulent misrepresentation) that is not contained in these Terms and Conditions or order form and payment method instructions.

11.4 If any provision or term of these Terms and Conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.

11.5 These Terms and Conditions and your use of this web site are governed by Irish law and you submit to the non-exclusive jurisdiction of the Irish courts.

11.6 Neither you nor Avision will be held liable for any failure to perform any obligation to the other due to causes beyond your or Avision's respective reasonable control.

11.7 Failure by either party to exercise any right or remedy under this agreement does not constitute a waiver of that right or remedy.