Terms and conditions for sale of Product(s) to business or consumers
These terms and conditions regulate the business relationship between you and us. By using the Web Site in any way, or by buying from us, you agree to be bound by them.
No person under the age of 18 years may purchase Product(s). We look forward to seeing you again when you are over 18.
We are: [Name]
Our address is: [Address]
You are: visitor to the Web Site / our customer
The terms and conditions
1 Definitions
In this agreement:
"Carrier" means any person or business contracted by us to carry Product(s) from us to you, whether all or part of the distance.
"Web Site" means the entire computing hardware and software installation that is or supports [www.WEBSITE.com].
"Product(s)" means any of the product we offer for sale on the Web Site
"Content" means information in any form published on the Web Site by us or any third party with our consent.
2 Our contract with you
2.1 These terms and conditions apply:
2.1.1 so far as the context allows, to you as a visitor to the Web Site; and
2.1.2 in any event to you as a buyer or prospective buyer of our Product(s).
2.2 The Product(s) advertised may not be available.
2.3 Depending on the nature of the Product(s) ordered, the same may be delivered either through the Carrier or via download from the Web Site.
2.4 If we do not have the Product(s) you order in stock, we will offer you alternatives before we despatch your order. If this happens you may:
2.4.1 accept the alternatives we offer;
2.4.2 cancel your order;
2.4.3 leave the order valid, but tell us to omit the out-of-stock item.
2.5 If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 30 days from the date of your order.
2.6 The Product is at your risk from the moment it is picked up by the Carrier from our warehouse.
2.7 We accept no responsibility for problems you may have in downloading any Product at your end, but we will gladly deliver by some other alternative of our choice, if you ask us to do so.
3 Price and Payment
3.1 You must pay us the full price of your order before we will send any part of it.
3.2 Banking charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than pounds Sterling will be borne by you.
4 Delivery
4.1 Delivery of the Product will be made by the Carrier to the address stipulated in your order. You must ensure that someone is present to accept delivery.
4.2 You can download the downloadable Product immediately after payment through related link. We are not responsible for any difficulty in downloading the Product at your end.
4.3 If we are not able to deliver your Product within 30 days of the date of your order, we shall notify you by e-mail to arrange another date for delivery. In case of the downloadable Product, you can be authorised to download it from the Web Site, but subject to our sole discretion.
4.4 We may deliver the Products in instalments if the Products are not available at the same time for delivery.
5 Taxes, duties and import restrictions
5.1 We have no knowledge of, and no responsibility for, the laws in your country of residence.
5.2 You are responsible for purchasing Product(s) which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country of residence.
6 Product returned
Because you are buying the Product by mail order, you may have a right of cancellation. If you do (and only if you do), these are the terms which apply:
6.1 You must tell us you wish to cancel within 7 days of your receipt of the Product;
6.2 In any event, you may not cancel orders for food or other perishable Product, nor for handmade, specially commissioned or personalised Product;
6.3 The Product must be returned to us within 21 days of your telling us you wish to cancel:
6.3.1 with both Product and all packaging in their original condition;
6.3.2 securely wrapped;
6.3.3 including our delivery slip;
6.3.4 at your risk and cost.
6.4 After we have received the Product, we will credit your credit or debit card with the full purchase price of the Product returned no later than 30 days from the date of receipt;
6.5 If you do not return the Product to us, you are still liable to us for the cost.
6.6 We are under no obligation to collect or recover Product from you, but if we do, our costs will be payable by you.
7 Disclaimers
7.1 We or our Content suppliers may make improvements or changes to the Web Site, the Content, or to any of the Product(s), at any time and without advance notice.
7.2 We give no warranty and make no representation, express or implied, as to:
7.2.1 the adequacy or appropriateness of the Product(s) for your purpose.
7.2.2 the truth of any information given on the Web Site;
7.2.3 any implied warranty or condition as to merchantability or fitness of the Product(s) for a particular purpose;
7.2.4 compatibility of the Web Site with your equipment software or telecommunications connection.
7.2.5 compliance with any law;
7.2.6 non-infringement of any right.
7.3 We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of the Web Site or the purchase of Product(s).
7.4 In any claim against us our liability is limited to the value of the Product(s) you have purchased in the contract which is the subject of the dispute.
8 Content and Intellectual Property Rights
8.1 Title, ownership rights, and intellectual property rights in the Content whether provided by us or by any other Content provider shall remain the sole property of us and / or the other Content provider. We will strongly protect its rights in all countries.
8.2 You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as is expressly permitted in this agreement.
8.3 You may download or copy the Content only for your own personal use, provided that you maintain all copyright and other notices contained in such Content. You may not store electronically any significant portion of any Content.
9 System Security
9.1 You agree that you will not, and will not allow any other person to, violate or attempt to violate any aspect of the security of the Installation;
9.2 you agree that you will in no way modify, reverse engineer, disassemble, decompile, copy, or cause damage or unintended effect to any portion of the Web Site, or any software used on the Web Site, and that you will not permit any other person to do so.
9.3 You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
9.4 Examples of violations are:
9.4.1 accessing data unlawfully or without consent;
9.4.2 attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
9.4.3 attempting to interfere with the Product(s) to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing";
9.4.4 forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
9.4.5 taking any action in order to obtain Product(s) to which you are not entitled.
9.5 You agree to indemnify us against any claim or demand, including reasonable lawyers' fees, made by any third party due to or arising out of:
9.5.1 any violation of system security as set out above;
9.5.2 your use of the Web Site;
9.5.3 any other breach or violation of this agreement by you;
9.5.4 the infringement by you, or by any other user of your computer, of any intellectual property or other right of any person or entity, or as a result of any threatening, libellous, obscene, harassing or offensive material contained in any of your communications.
10 Indemnity
You agree to indemnify us against any claim or demand, including reasonable lawyers' fees, made by any third party due to or arising in any way out of your use of the Web Site, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.
11 Contractual Limitation
If we provide any Product(s) free of charge, it is (or they are) not to be associated with any other Product(s) for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of any such Product(s).
12 Severability
If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
13 No Waiver
No waiver by us, in exercising any right, power or provision hereunder shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
14 Dispute Resolution
In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
15 Force majeure
We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.
16 Governing Law
This Agreement shall be governed by and construed in accordance with the law of England. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
Daniel Hughes Photography
