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
1.1 These
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. Content
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 sales@thephotographyshop.co.uk
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.
7. Delivery
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.
Refused Delivery
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.
Redirection
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:
E-mail:
sales@thephotographyshop.co.uk
Telephone:
01229 583050
or write to:
The Photography Shop
C/o Photo Express (Lakeland) Ltd.
39 Market Street
Ulverston
Cumbria
LA12 7LR
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.
9. Copyrights
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.
10. Software
10.1
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:
10.2.1
disassemble, reverse engineer, decompile or in any other way interfere with the
Software;
10.2.2 copy or modify the Software; or
10.2.3 create any new Software partly or wholly based on the Software.
10.3 Subject
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.
12. Language
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.
Site Security
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.