These Terms and Conditions (“Terms”) govern all purchases made through the website fernandfog.ie (the “Website”), operated by:
FERN & FOG
Svenja Loecke
Cappanacush East
County Kerry
V93E8W8 Kenmare
Ireland
Email:
Phone: +353 (87) 108 0088
By placing an order through the Website, you (“you”, “the customer”) agree to be bound by these Terms.
1. Products
We sell fine art photography prints in various formats, as described on the relevant product pages, including print size, paper/material, framing and edition details. Product images are for illustrative purposes only; slight variations in colour may occur due to individual screen settings.
Prints offered as part of a limited, numbered edition are produced in the stated quantity only, individually numbered, and accompanied by a Certificate of Authenticity, as described on the relevant product page.
2. Prices and Payment
All prices are shown in Euro (€). We are not currently registered for VAT, and no VAT is therefore added to our prices. Prices do not include delivery costs, which are shown separately at checkout before you complete your order.
Payment must be made in full, using one of the payment methods offered at checkout, before we dispatch your order.
3. Orders and Contract Formation
Placing an order through the Website constitutes an offer by you to purchase the goods in your order. We will send you an order confirmation email; this confirmation does not by itself constitute our acceptance of your order. A binding contract of sale is formed once we dispatch the goods to you, or expressly confirm acceptance of your order, whichever happens first.
We reserve the right to refuse or cancel any order – for example, where a product is no longer available, where there has been an error in the price or description shown on the Website, or where we reasonably suspect fraudulent activity. If we cancel an order after payment has been taken, we will refund you in full without undue delay.
4. Delivery
At present, we sell and deliver exclusively within Ireland. Estimated delivery times and any delivery charges will be shown at checkout before you complete your order.
Risk in the goods passes to you upon delivery. Please inspect your order upon receipt and contact us at without delay if an item has arrived damaged or is otherwise not as expected.
5. Your Right to Cancel
If you are a consumer, you have a statutory right to cancel your order within 14 days without giving any reason, under the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013. Full details of this right, including how to exercise it, exceptions, and the effects of cancellation, are set out in our Cancellation Policy.
6. Statutory Guarantee (Conformity of Goods)
We are legally obliged to supply goods that conform with the contract, in accordance with the Consumer Rights Act 2022 (which implements EU Directive 2019/771 in Ireland). Full details of this statutory guarantee, including your remedies and how to make a claim, are set out on our dedicated Warranty page.
7. Intellectual Property
All photographic images offered on this Website, and the copyright and all other intellectual property rights therein, remain the property of Svenja Loecke / FERN & FOG at all times. Purchasing a print transfers ownership of the physical print only – it does not transfer any copyright or licence to reproduce the image.
You may not reproduce, scan, photograph, digitise, publicly display for commercial purposes, resell as a reproduction, or otherwise copy or exploit any image purchased from us, in whole or in part, without our prior written consent.
8. Limitation of Liability
Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under Irish law.
Subject to the above, our total liability to you arising out of or in connection with your order, whether in contract, tort or otherwise, is limited to the price you paid for the relevant goods. We are not liable for any indirect or consequential loss.
9. Complaints
If you have a complaint about your order or about our Website, please contact us at and we will do our best to resolve it promptly. As stated in our Site Notice, we are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board. You may also contact the Irish Competition and Consumer Protection Commission (CCPC) for general information about your consumer rights.
10. Governing Law and Jurisdiction
These Terms, and any dispute or claim arising out of or in connection with them or your order, are governed by the laws of Ireland and subject to the exclusive jurisdiction of the courts of Ireland. If you are a consumer habitually resident in another EU member state, you may benefit from any mandatory consumer protection provisions of the law of that state, and nothing in these Terms affects your right to rely on them.
11. Changes to These Terms
We may update these Terms from time to time, for example to reflect changes in the law or in how we operate the Website. The version of these Terms published on the Website at the time you place an order will apply to that order.
12. Contact
FERN & FOG
Svenja Loecke
Cappanacush East
County Kerry
V93E8W8 Kenmare
Ireland
Email:
Phone: +353 (87) 108 0088