The following terms and conditions apply to all transactions on www.thephotographyshop.co.uk. The placing of an order indicates your acceptance of these terms and conditions. Please read them carefully and print a copy for future reference.
1 Status of Terms
terms constitute a legal document ("the Agreement"), which sets out
the rights and obligations of you as a purchaser ("you"), and those
of Photo Express (Lakeland) Ltd. ("Photo Express", "The
Photography Shop","we" or "us"), in relation to the
services and products offered by us through this site or any of the other sites
owned by us. By registering for The Photography Shop services, you agree to the
terms of this Agreement, and you re-affirm that agreement every time you use
any of our services.
1.2 You agree to:
1.2.1 provide true, accurate, current
and complete information about you as prompted by our registration form (such
information being the "Registration Data"); and
1.2.2 maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or The Photography Shop has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, The Photography Shop has the right to suspend or terminate your account, cease supply and refuse you any and all current or future use of The Photography Shop site (or any portion of it).
2. Place of performance and applicable law.
Photo Express (Lakeland) Ltd is a
company registered in England. Unless otherwise specified, the materials on
this site are directed solely at those who access this site from the United
Kingdom mainland. The Photography Shop makes no representation that any product
referred to in the materials on this site is appropriate for use, or available,
in other locations. Those who choose to access this site from other locations
are responsible for compliance with local laws if and to the extent local laws
are applicable. English law shall govern this Agreement.
You and we each submit to the exclusive jurisdiction of the English courts in relation to disputes arising out of this Agreement.
3. Placing an order
3.1 When placing an order with The
Photography Shop you have to first agree with the terms and conditions prior to
completion of your order.
3.2 We consider the contract of sale to be formed at the point of despatch by us of your goods.
3.3 Goods supplied to you by The Photography Shop will correspond with their prices and description (subject to E & OE). If at any time this is not the case The Photography Shop will give you the right to reject the goods within a reasonable time period for a full refund.
3.4 In the unlikely event that an incorrect price is shown on our website The Photography Shop reserves the right to abstain from fulfilling the order at that price. You will of course be notified, and at which point you will be informed of the correct price, and given the choice to proceed with the order. As our buying prices are subject to change periodically we may on occasion be unable to supply at the advertised website price, in this instance we will contact you and inform you of the correct pricing where you will have the option to proceed with the order or cancel the order with a full refund.
3.5 As we use the latest 3D Authentication card processing technology by placing an order on this website your payment will be processed on completing the order form, if for any reason your order cannot be fulfilled we will of course return a full refund to you.
3.6 We can only accept payment from payment cards registered in the United Kingdom. If you want to purchase an item and reside outside of the UK please contact us through our contact page and we will advise you via email how to pay and the cost of delivery.
3.7 Pre-Orders placed with The Photography Shop are done so based on the price information we have at the time of announcement. Periodically pricing can change prior to product launch and all pre-orders are accepted as a non-binding agreement to supply at the specified price published when pre-order is placed. All deposits are fully refundable at any point and any pre-order has the right to cancel.
4. Right to cancel
4.1 You have the right to cancel your order from the point of placing your order until 7 working days after receipt of your goods. This is the cooling off period. All cancellations must be made by phone to 01229 583050 and confirmed in writing within 7 working days of receiving the goods, quoting your order no and your postcode. We will then give you a cancellation number pertaining to your order for your reference. Any goods received that havent been cancelled in this way will not be dealt with under the cooling off period. 4.2 Where The Photography Shop have supplied goods to you, you must take reasonable care of the goods in your possession pending their return to The Photography Shop. The Photography Shop will accept returned goods with their original packaging and which do not exhibit signs of wear or tear. Any use of the delivered goods beyond that necessary to inspect the goods on delivery will invalidate your right to cancel the contract.
4.3 Where The Photography Shop have supplied goods to you, these goods must be returned to The Photography Shop, C/o Photo Express (Lakeland) Ltd, Returns Department, 39 Market Street, Ulverston, Cumbria, LA12 7LR or be available for collection by The Photography Shop. The cost of returning goods is non-refundable, and where The Photography Shop collects goods the direct cost of such will be deducted from the refund. If an item is deemed faulty on arrival we will reimburse return carriage costs up to the value of £10 any costs outside of this amount need to pre-authorised by us prior to sending 4.4 Once notice of your cancellation has been received in writing The Photography Shop will make a refund of the contract price to your debit or credit card or Paypal used to purchase the goods. This will be done within 30 days of the date of cancellation.
4.5 All monies will be refunded within 30 days of cancellation date.
4.6 Software returns - Software may only be returned if it is unopened and in its original packing. This policy is to avoid any potential breach of the Copyright Descriptions and Patent act (CDPA) 1988. All opened software is exempt from return under the terms of the distance Selling Regulations (SI2334/2000). Software that arrives damaged or is physically faulty may be returned under our normal returns policy.
5.1 The Photography Shop shall not be
liable to any person for any loss or damage, which may arise from the use of
any of the information contained in any of the materials on this site. The
Photography Shop will only be liable for consequential losses within the
contemplation of the parties.
5.2 Certain links in this site (typically a banner advert or icon) will lead to sites, which are not under the control of The Photography Shop. When you activate any of these you will leave The Photography Shop site and The Photography Shop has no control over and will accept no responsibility or liability for the material on any site, which is not under the control of The Photography Shop.
5.3 By placing an order on The Photography Shop website you will automatically be added to our email mailing list. We will only email you periodically with offers from The Photography Shop that we feel may be of interest to you. If you do not want to be included in our mailing list then you can opt out at any time by following the opt out link included on all mail shots or by emailing firstname.lastname@example.org We will not share your email or any personal details with any other third party.
6. Limitation of Liability
6.1 Nothing in
this Agreement shall affect the statutory rights of any consumer or exclude or
restrict any liability for death or personal injury arising from the negligence
or fraud of The Photography Shop.
6.2 Subject to clause 6.1, you agree that The Photography Shop shall not be liable either in contract, tort, negligence, statutory duty or otherwise, for any direct loss or damage (including loss or damage which is reasonably foreseeable or occurs naturally in the course of things) resulting from any acts, omissions, failures or delays occurring on or in relation to those parts of the Internet not under The Photography Shop's direct control including, without limitation, damage for loss of business, loss of sales, non payment of sums due, loss of profits, business interruption, loss of reputation, loss of business information, or any other pecuniary loss (even where The Photography Shop has been advised of the possibility of such loss or damage).
6.3 The only liabilities that The Photography Shop can exclude are those arising from the following.
6.3.1 In cases where losses were not
foreseeable to both parties when the contract was formed.
6.3.2 Where losses were not caused by any breach on the part of The Photography Shop.
6.3.3 For any business losses, and/or losses to non-consumers.
Orders received by 12pm are normally
dispatched the same day . If The Photography Shop cannot deliver within 7 days
you will be notified immediately to arrange another time for delivery, or if
you would prefer, to cancel your order. For a complete explanation of delivery
charges please see delivery details page.
Any shortages or damages must be reported to The Photography Shop within 48 hours of receiving your delivery.
Please note that although we send goods on a next day service we are relying on couriers to perform delivery and occasionally delays happen, in this instance The Photography Shop cannot refund carriage charges levied. If the item you have ordered is out of stock we will notify you by email and at this point if you do not wish to wait for your order you can cancel your order.
If you have refused a delivery, a charge of £8 can be levied to cover the cost charged by our couriers to return goods to us.
If you require a parcel to be redirected after it has been despatched a charge of £15.95 will be levied.
Any shortages from deliveries or if goods have been recveived in a damaged state must be notified to us within 48 hours of receipt.
8. Complaints handling procedure
In the unlikely event that you have
any complaints as to our service or any of the goods and services supplied to
you from our site, please contact us by:
or write to:
The Photography Shop
C/o Photo Express (Lakeland) Ltd.
39 Market Street
All complaints are taken seriously and will be investigated as soon as they are brought to our notice. We will endeavour to rectify any problems as soon as possible.
All designs, text, graphics and their selection and arrangement on this site are the copyright of The Photography Shop or its content providers. As a visitor to The Photography Shop site you are licensed to copy electronically or to print portions of this site for your own personal, non-commercial use. Any other use of materials on this site without The Photography Shop's prior written consent is strictly prohibited.
Intellectual property rights in any software or any other copyrighted materials
("Software") and supporting documentation supplied by us to you remain
our property or that of our licensors.
10.2 Without our written consent and without affecting any applicable statutory rights under the Copyright (Computer Program) Regulations 1992 (as amended, supplemented or replaced from time to time) you shall not and shall not permit any other person to:
disassemble, reverse engineer, decompile or in any other way interfere with the
10.2.2 copy or modify the Software; or
10.2.3 create any new Software partly or wholly based on the Software.
to the terms of this Agreement, you are licensed to use the Software and
associated documentation non-exclusively, but only for the purposes identified
on the site in relation to the Software.
10.4 You must not transfer, assign or sub-license your right to use the Software or attempt to do so.
10.5 Software Returns - See section 4.6
11. Matters Beyond our Reasonable Control
The Photography Shop shall not be held liable for any breach of this Agreement caused by circumstances out of its control including, but not limited to, Acts of God, fire, lightening, flood, or extremely severe weather, explosion, war, disorder, flood, industrial disputes (whether or not involving our employees), acts or omissions of Internet services providers or acts of local or central Government or other competent authorities.
In the event of conflict or inconsistency between the terms of the English language version of this Agreement and any translation provided by us, the English language version shall prevail.
The entire checkout process for The Photography Shop web site is held on a secure server using a verified SSL (secure socket layer) system for transferring data. If you click on the small padlock symbol at the bottom of you browsers screen you will be taken to this sites security certificate.