Terms & Conditions
TERMS & CONDITIONS
(© Skears Photographic 2008)
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 Skears Photographic ("Skears Photographic", "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 Skears Photographic 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 Skears Photographic has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Skears Photographic has the right to suspend or terminate your account, cease supply and refuse you any and all current or future use of the Skears Photographic site (or any portion of it).
2. Place of performance and applicable law.
Skears Photographic is a company registered in England (VAT number 623609253). Unless otherwise specified, the materials on this site are directed solely at those who access this site from the United Kingdom mainland. Skears Photographic 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 A notice will be displayed on your web browser before you submit an order with Skears Photographic. This contains important information such as a description, price and delivery charges of the good or services ordered. Skears Photographic suggests that you print off a hard copy of the notice or save a copy to your hard drive for your own records.
3.2 Goods supplied to you by Skears Photographic will correspond with their prices and description (subject to E & OE). If at any time this is not the case then Skears Photographic will give you the right to reject the goods within a reasonable time period for a full refund.
3.3 In the unlikely event that an incorrect price is shown on our website. Skears Photographic 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.
4. Returns Policy
Subject to the right of Consumers to return goods for refund under The Supply of Goods and Services Act and Distance Selling Regulations, Skears Photographic does not sell products on a trial basis. Customers are strongly advised to check suitability and specifications of products before ordering.
You have the right to cancel your purchase at any time either before or up to 7 days following the day you receive the goods by:
· e-mailing us at email@example.com name, a description of the goods or services concerned and the order number of the cancelled order, or
· phoning us on 01604 630675 (Monday to Saturday from 9am to 5.30pm excluding public holidays) - please have your order reference number and delivery details to hand.
4.2 If you exercise your right to cancel your order after the goods have been despatched, you will be responsible for returning the goods to Skears Photographic at your own risk and cost, therefore, we strongly recommend you use an insured delivery method such as Royal Mail Special Delivery. All returns are subject to the following conditions, except where the goods are faulty or incorrectly described on the website.
· Your product must be complete and in 'as new' condition (e.g. if you have opened the box to examine the product you must have done so without damaging or marking the product or packaging).
· It must not have been used or installed. It should be returned with the original box, packing and accessories you received with it.
· Software, memory cards, DVDs, and Pre-recorded videotapes can only be accepted if still sealed. 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.
· This offer does not apply to film, developing or printing services.
· A proof of purchase must be supplied.
· You must return any free gifts which came with the product.
· We will not refund any items that have been specially ordered to your individual specification or personalised.
· Goods returned outside the 7 days cancellation period (but within 28 days of receipt) that can not be re-sold as new will only be refunded to their mail order return value and a credit note may be issued.
Where we have made a charge for postage, this will be deducted from your refund if the goods have been despatched to you.
4.3 You cannot cancel your purchase when:
· the seal has been broken on any videotapes, DVDs, CDs, memory cards, or software; or
· the goods were a special order to your specification; or
· 28 days has elapsed following receipt of the goods
Until such time as you return the goods to us you must take reasonable care of the item(s) and not use them. Any use of the delivered goods beyond that necessary to inspect the goods upon delivery will invalidate your right to cancel the contract.
4.4 Authorising the Return
You must prior to returning any goods received, contact our Customer Services on 01604 630675 or e-mail us at www.skears-photographic.co.uk stating your name, a description of the goods or services concerned and the order number of the cancelled order. Failure to do so will result in a delay in processing your refund or the product being returned to you. All authorised returns must be returned to Skears Photographic, Returns Dept., 203 Wellingborough Rd, Northampton, Northamptonshire, NN1 4ED
4.5 Faulty or incorrectly described Goods
You will always have the option of an exchange or refund if the fault occurs within 28 days of delivery. If there is a fault with your product within 6 months of delivery, we will normally offer a repair, exchange or (full or partial) refund. After 6 months but within 12 months we will offer a repair only. In all cases we reserve the right to inspect the product and verify the fault and, if no fault is found return the product to you. No refund will be processed until the returned goods have been received by ourselves and an appraisal made as to any fault.
4.6 To qualify for a refund or exchange the products must be:
· in otherwise "as new" condition; and
· complete with any accessories and free gifts offered with it (and, if possible, the original box and packaging and warranty).
4.7 Following us receiving your instruction to cancel your order you will be refunded within 30 days.
4.8 This promise does not cover faults caused by accident, neglect, misuse or normal wear and tear.
4.9 Any refund due to a fault or other defect will include a refund of the delivery charge. We will also pay for your costs of returning the goods for replacement or refund. Replacement goods are sent by standard delivery only (i.e. premium services are not available).
4.10 THIS RETURNS POLICY DOES NOT AFFECT YOUR LEGAL RIGHTS. DETAILS OF YOUR LEGAL RIGHTS ARE AVAILABLE FROM THE CITIZENS ADVICE BUREAU OR CONSUMER DIRECT.
5.1 Skears Photographic 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. Skears Photographic 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 Skears Photographic. When you activate any of these you will leave the Skears Photographic site and Skears Photographic has no control over and will accept no responsibility or liability for the material on any site, which is not under the control of Skears Photographic.
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 Skears Photographic.
6.2 Subject to clause 6.1, you agree that Skears photographic 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 Skears Photographic’'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 Skears Photographic has been advised of the possibility of such loss or damage).
6.3 The only liabilities that Skears Photographic 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 Skears Photographic.
6.3.3 For any business losses, and/or losses to non-consumers.
Orders received by 1pm are normally dispatched the same day for next day delivery (weekends incur extra charge). We guarantee all orders will be received within 30 days. If Skears Photographic cannot deliver within 30 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.
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 either:
· Online Contact Form
· Phone: 01604 630675
· Fax: 01604 631927
or write to:
· Skears Photographic
203 Wellingborough Road
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 Skears Photographic or its content providers. As a visitor to the Skears Photographic 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 Skears Photographic’s prior written consent is strictly prohibited.
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, de-compile 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 4.7
11. Matters Beyond our Reasonable Control
Skears Photographic 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.
13. Competition Rules
13.1 No purchase necessary
13.2 One entry per person only, no bulk or third party entries will be accepted.
13.3 Competitions are open to all UK residents except employees of Skears Photographic, the companies or organisations with whom the competition is being run, their agents or anyone directly connected with the competition.
13.4 Postal entries for the competition should be sent to Skears Photographic Offers, 203 Wellingborough Road, Northampton, NN1 4ED. Please provide us with your name, address, telephone number and the competition you are entering. Illegible entries will be deemed void.
13.5 No responsibility can be accepted for entries lost, delayed, or have insufficient postage applied or damaged in the post. Proof of delivery will not be accepted as proof of receipt.
13.6 Prizes are as stated only and no cash alternatives will be given. However, Skears Photographic retains the full and free right to alter prizes should circumstances change.
13.7 In the case of prize draws, winner(s) will be chosen at random from all valid entries and will be notified within four weeks of the closing date.
13.8 The name(s) of prizewinner(s) will be made available to those who send an S.A.E. to the competition entry address.
13.9 All entrants to competitions and offers are deemed to have accepted these rules and agree to co-operate in any future publicity that may arise.
13.10 The closing date for receipt of entries is as stated for each competition where applicable.
Due to the ordering process certain information given by you at the time of ordering is collected lawfully and in accordance with the Data Protection Act 1998, solely by Skears Photographic does not disclose any customer information to any third parties. The information is used only for the purpose of processing your request and to communicate with you on any matters relating to the provision of the service in general. Information and statistics may also be used for the purpose of monitoring site usage. These statistics will not include any information that can be used to identify any individual. Cookies are used on this shopping site, but only to keep track of the contents of your shopping cart once you have selected an item. If you have any concerns regarding the privacy of this site please contact us via our online contact form.
We may contact you in future regarding special offers, news items etc. If you do not wish to be contacted please let us know via our online contact form.
The entire checkout process for the Skears Photographic 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 your browsers screen you will be taken to this sites security certificate. If you have any concerns regarding the security of this site please inform us at firstname.lastname@example.org.