CHURCHBURY PHOTOGRAPHIC SERVICES TERMS & CONDITIONS OF BUSINESS
FOR USE OF THIS WEBSITE AND FOR BUYING PRODUCTS
Please read these terms of business carefully before placing an order for our products
Please read through the Terms and Conditions below and if you do not agree with them, we ask that you refrain from using our website and services. Your use of the services indicates your acknowledgment that you have read and accepted these Terms and Conditions without limitation, qualification or alteration.
1. Introduction
By accessing or using [website name] (“our website”) you agree to be legally bound by these Terms and Conditions as they may be modified and posted on our website from time to time.
This service is provided by:
Churchbury Photographic – 138b Darkes Lane, Potters Bar, Herts., EN6 1AF. Tel: 01707 653473.
VAT Number – 1239376
2. Nature of the Website
The website is a place for you to [insert details].
3. Price and Ordering
3.1 The prices payable for products that you order are as set out in our website. We try to ensure that our prices displayed on our website are accurate.
3.2 Our prices are inclusive of all postage and applicable VAT. You will be required to pay extra for delivery. Unfortunately, we are currently unable to accept orders from addresses outside [Great Britain/UK/Europe/other except [ ]..
3.3 You may purchase our products by credit or debit card, or by cheque. The price of any product is the price in force at that date and time of your order. We may change the price of any product before you place an order. The price on your order will need to be validated by us as part of the acceptance procedure.
3.4 We are entitled to refuse an order placed by you. If your order is accepted, we will confirm acceptance to you by email or whichever other means you specify (“confirmation”). No agreement exists between us until we have confirmed acceptance of your order. If we are unable to fulfil your order, we will inform you within 72 hours of sending our confirmatory email and you will receive a full refund of all monies paid.
3.5 You undertake that all details you provide to us for the purpose of purchasing products which may be offered by us on our website will be correct, that the credit or debit card which you use is your own and that there are sufficient funds or credit facilities to cover the cost of any goods or services. We reserve the right to obtain confirmation of your credit or debit card details before providing you with any goods or services.
3.6 Any request to amend an Order must be made in writing. We are not obliged to accept any such request but, if we do, we reserve the right to charge an administration fee.
3.7 Employees and agents of Churchbury Photographic Services Ltd are not authorised to make any representation concerning Products unless such statements are confirmed in writing by us. You acknowledge that, by entering into a contract with Churchbury Photographic Services Ltd, you do not rely on any such unconfirmed representations.
4. Delivery and Delivery Charges
4.1 We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order.
4.2 We will endeavour to supply the products you have ordered within 14 working days of acceptance of your order, subject to availability of products. Non-stock items will be ordered in and will involve longer delivery times but will be dispatched as soon as they are available. We will inform you prior to acceptance of your order if items have to be ordered in.
4.3 Churchbury Photographic Services Ltd shall not be responsible for any delay in delivery caused by your unavailability to take personal delivery of Products ordered.
4.4 Delivery charges vary according to location and combination of Products ordered. Please see website for further details of delivery charges.
5 Right for you to cancel your contract
5.1 As our products are personalised, your right to cancel is limited to the period prior to starting the service. You may cancel your contract with us for the goods you order at any time up to the time we begin working on your order. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.
5.2 To cancel your contract you must notify us in writing.
5.3 Once you have notified us that you are cancelling your contract, any sum debited to us from your credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order.
5.4 If you cancel your contract after we have begun processing your order, there will be a charge as these are personalised products which, by their nature, cannot be returned. Churchbury Photographic Services Ltd cannot be responsible for individual tastes or expectations; therefore all products ordered must be paid for.
5.5 By placing an order with us you will be deemed to have agreed to these Terms.
6 Cancellation by us
6.1 We reserve the right to cancel the contract between us if:
6.1.1 we have insufficient stock to deliver the goods you have ordered;
6.1.2 we do not deliver to your area; or
6.1.3 one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
6.2 If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
7. Returns Policy
7.1 Damaged or unsuitable [?] goods, other than those described in the cancellation clause above, may be returned to us at our expense and the price you paid will be fully refunded.
7.2 You should ensure that any returns are suitably packaged in order that they reach us undamaged.
7.3 Refunds can only be credited to the credit or debit card originally used to make the purchase. We will contact you by email if we are unable to credit this card for any reason, and will discuss alternative arrangements.
8. Security
8.1 As part of the registration process, you will be issued with a specified Unique Reference Number (URN) and password [ ] which must be kept secure and must not be disclosed to anyone else. You must notify us immediately you become aware of any unauthorised use of your username and password or any other breach of security.
8.2 If you enter your credit or debit card details into our website, the bank details will be encrypted with [] bit encryption and processed by .
8.3 Please note that we cannot guarantee that any e-mail sent from you to us will be received by us or that its contents are or will remain secure during or following transmission. Likewise we cannot guarantee that emails sent by us to you are secure.
9. Information you Provide
9.1 The following applies to any information provided to us, for example during any registration or ordering process:
9.1.1 You authorise us to use, store or otherwise process any personal information which relates to and identifies you, including but not limited to your name and address to the extent reasonably necessary to provide these services which are available through our website by us or by our sub-contractor. If you obtain or choose to buy products through our website then we may collect information about your buying behaviour and if you send us personal correspondence such as emails or letters then we may collect this information into a file specific to you (together, the various purposes set out in this paragraph and in our privacy policy shall be known as the purposes). All such information collected by us shall be referred to in these Terms and Conditions as “Personal Information”.
9.1.2 You must ensure that the personal information you provide us is accurate and complete and that all ordering or registration details (where applicable) contain your correct name, address and other requested details. We cannot accept any liability for incorrect information provided by you. For further information about how we deal with your Personal Information please read our privacy policy [link to privacy policy].
9.1.3 By accepting these Terms and Conditions you agree to the processing and disclosure of the Personal Information for the purposes. You also agree that the purposes may be amended to include other users or disclosures or personal information following notification to you by means of a notice on our website, which you should check regularly. If you would like to review or modify any part of your Personal Information then you should email us at churchburyphoto@btconnect.com.
9.1.4 In addition the following also applies to all messages, emails, bulletin boards, postings, ideas, suggestions, content or other material submitted by you to us (“content”);
9.1.5 You must ensure that all content submitted to us does not infringe the copyright, design, privacy, publicity, data protection, trade mark or any other right of any third parties nor be obscene, abusive, threatening, libellous or defamatory of any person or be otherwise unlawful and we have the right to monitor content and may edit, reject or remove content if we believe it does not comply with the above and in particular we reserve the right to block incoming emails and other content if we believe that their content is or may be inappropriate or otherwise does not comply with the above.
9.1.6 You agree that you grant us non exclusive, irrevocable, royalty free, world-wide licence to publish all content that you submit to us except any portion of that content that is personal information. You have sole responsibility for the content that you submit to us and you shall indemnify and shall keep us fully and effectively indemnified on demand from and against all losses and liabilities (including legal costs and expenses) suffered or incurred by us and arising directly or indirectly out of the publication of content submitted by you to us.
10. Intellectual Property Rights
The content of this website including, but not limited to design, text, graphics, photographs, other images and sound and their selection and arrangements, all software (including but not limited to compilations, underlying source code and applets) belongs to Churchbury Photographic Services Ltd or has been licensed to Churchbury Photographic Services Ltd.
11. Copyright
11.1 Churchbury Photographic Services Ltd retains full, unlimited, worldwide copyright and other intellectual property rights in all photographs purchased via this website.
11.2 The photographs are solely for personal display purposes and may not be modified, copied, reproduced, re-published, uploaded, posted, transmitted or distributed, by any means or in any manner without the express written consent of Churchbury Photographic Services Ltd. Photographs will be supplied on paper or on CD as indicated on the website.
11.3 Anyone taking part in a group photograph consents to the fact that the photograph may be displayed and made generally available for sale on this and any successive website or in other Churchbury Photographic Services Ltd publications and may be used for promotional purposes.
12. Disclaimer
In no event shall Churchbury Photographic Services Ltd be liable for any indirect, incidental, special or consequential damages arising out of or in any way connected with the use of the documents, this Web site or the support service whether based in contract, tort, strict liability or otherwise, except in relation to death or personal injury for which no limit shall apply.
13. Liability
13.1 If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 10 working days of the delivery of the goods in question.
13.2 If you do not receive goods ordered by you within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 40 days of the date on which you ordered the goods.
13.3 If you notify a problem to us under this condition, our only obligation will be, at your option:
13.3.1 to make good any shortage or non-delivery;
13.3.2 to replace or repair any goods that are damaged or defective; or
13.3.3 to refund to you the amount paid by you for the goods in question in whatever way we choose.
13.4 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 6.2.3 above.
13.5 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
13.6 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
13.7 Care has been taken to describe and portray Products on this website accurately using current technology, but variations in actual goods may occur. We will do our best to ensure that all materials and information published on our website are accurate, but please note that all materials and information on our website are provided on an ‘as is’ basis. The provisions of this clause do not affect your statutory rights.
13.8 Photographs will, in time, fade, particularly if they are in bright sunlight and are not behind glass. Churchbury Photographic Services Ltd will not be held responsible for this gradual image deterioration.
13.9 Churchbury Photographic Services Ltd will not accept liability for any failure on your part to comply with specific instructions on this website.
14. Data Protection
14.1 We are committed to protecting and respecting your privacy. In order that we may provide you with our services, we need to record and maintain certain information on your personal circumstances including name, address, telephone details and email addresses. We may hold this information in hard copy and electronic form.
14.2 We may use all information that we hold about you for the purposes of providing our services and maintaining records about you that we must keep by law or under the regulatory requirements.
14.3 Churchbury Photographic Services Ltd uses personal data for the purposes of customer services, marketing, customer profiling, customer analysis and fraud/loss prevention purposes. Churchbury Photographic Services Ltd may also wish to send you information from time to time on products and services provided by us which may interest you.
14.4 If you do not want to receive information from Churchbury Photographic Services Ltd on our products and services which may interest you then please email us. You may opt out of receiving such information at any time.
14.5 We do not pass any information about our clients to third parties for commercial exploitation such as list rental. We pass client information to third parties only where it may be necessary in carrying out the work for which you have instructed us, for assisting with administration of your matter or where we have to disclose information to third parties because of our legal or regulatory obligations. We may however provide information to you via our own mailings or other communications on third party products and services which you may interest you.
15. Events beyond our control
We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, transport or communications failure; the consequences of a terrorist attack, failure of our computer systems or damage to our premises or storage facilities by explosion, fire, corrosion, flood, natural disaster, malicious or negligent act or accident.
16 Privacy
You acknowledge and agree to be bound by the terms of our privacy policy [link to privacy policy].
17. Complaints
Any complaints should be made it in writing and addressed to [] at Churchbury Photographic Services Ltd of 138b Darkes Lane, Potters Bar, Herts., EN6 1AF. Complaints should be made within 28 days of the incident complained of. Complaints made within the specified time limit will be acknowledged within 5 working days and responded to within 14 days of receipt.
18 Notices
18.1 Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be given:
18.1.1 to us by email at churchburyphot@btconnect.com; or
18.1.2 in writing and sent to our contact address at 138b Darkes Lane, Potters Bar, Hertfordshire EN6 1AF
18.2 Notices will be deemed received when an email is received in full (or else on the next business day if it received on the weekend or public holiday in the place of receipt) or 3 days after date of posting.
18.3 All notices from us to you will be displayed on our website from to time.
19. Applicability of Online Materials
19.1 Unless otherwise specified the materials published on our website are presented solely for your private, personal and non-commercial use.
19.2 Our website is controlled and operated by us from our offices at 138b Darkes Lane, Potters Bar, Herts., EN6 1AF.
19.3 Where Content published on the website is supplied by third parties you understand that we do not control or endorse their content in any way. All content which is offered by third parties who are not affiliated with or otherwise connected with us, is published in good faith but we do not (to the extent created by applicable law) acceptance for the accuracy or otherwise of such content (whether published on or off line) and the use of such Content except for Content which relates directly to the Products you purchased. You assume total responsibility and risk for your use of our website and shall use all information contained within.
20. Linked Sites
20.1 Churchbury Photographic Services Ltd makes no representation whatsoever about any other website which you may access through our website or which may link to our website. Any access to any other website is independent from Churchbury Photographic Services Ltd and we have no control over the Content or over availability of that website.
20.2 A link to any other website does not mean that Churchbury Photographic Services Ltd endorses or accepts any responsibility for the Content, or the use of, such a website and shall not be liable for any loss or damage caused or alleged to be caused by or in connection with the use or reliance of any content, goods or services available on or through any other web or resource. Any concerns regarding any external link should be directed to its website, administrator or web master.
21 General
21.1 These terms and conditions, together with our current website prices, delivery details, contact details and privacy policy, disclaimer and any other form of document or written representations by our employees and agents and partners and payment method instructions, if any, are the whole agreement between you and Churchbury Photographic Services Ltd. You acknowledge that you have not entered into this agreement in reliance upon any warranty or representation made by Churchbury Photographic Services Ltd or any other person and you waive any right to damages/rescission you may have for misrepresentation (other than a fraudulent misrepresentation) as is not contained in the Terms and Conditions, Privacy Policy, order form, and payment method instructions.
21.2 We may alter these Terms and Conditions from time to time and post the new version on our website, following which all use of our website will be governed by that version. You must check the Terms and Conditions on the website regularly.
21.3 As a condition of your use of this Web site, you warrant to us that you will not use this Web site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
21.4 We reserve the right to alter content, suspend or discontinue any aspect of our website or the content or services available through it, including your access to it. Unless explicitly stated any new features including new content and/or the sale of new packages and/or release of new software to all the resources shall be subject to these Terms and Conditions.
22. Third party rights
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
23. Invalidity
If any part of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever such term or provisions shall be divisible from the other terms and conditions and shall be deemed to be deleted from them provided that our agreement is capable of performance without the said, illegal or unenforceable terms.
24. Governing law
The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.
25. Statutory Rights
These terms and conditions do not affect your statutory rights.
