Terms of Business for Supply of Items Ordered Online
Distance Selling Regulations
Please note that the cancellation right under the Consumer Protection (Distance Selling) Regulations 2000 does not apply to made to order items such as photographs and albums. Once you have confirmed an order with Philip Edwards Photography, we do not accept returns and we do not offer refunds for order cancellations and you remain liable for the full payment.
Your details
a. When you register with the our web site, you will be required to choose a contact email address and password. You are responsible for all sessions and transactions taken under these details. You should keep your password safe and not disclose it to anyone. You should change it immediately if you feel it has been compromised. We store your password as encrypted data so that we do not know your password. We aim to keep all your details as safe and secure as possible, but are unable to guarantee that this information will never be compromised by a malicious third party attack. We do not keep any credit card or debit card details, this is managed separately by our chosen payment providers – for example Google Checkout, and PayPal.
Privacy: Philip Edwards Photography will store your name and order details on private internal database. These details WILL NOT be made available to companies or individuals outside of Philip Edwards Photography. Should you wish to have your details removed from our database, please advise Philip Edwards Photography in writing at: 4 Valley View, Clutton, BS39 5SN.
b. You may update your details by signing into your account, and update the relevant section.
The Contract Between Us
a. Any contract for purchases made through the web site will be with Philip Edwards Photography, 4 Valley View, Clutton, BS39 5SN.
b. Your order will be placed and the contract formed once you press the ‘Confirm and Place Order’ button. When placing an order, you commit to send payment promptly for the order, or notify us within 24 hours if you wish to cancel or ammend the order. Philip Edwards Photography must receive payment of the whole of the order before your order can be dispatched. Payment is required at the time of order. Philip Edwards Photography is entitled to delay delivery or withdraw from any contract if payment is delayed.
We accept payment by cash or cheque, and sometimes accept payment by credit or debit cards for online orders. Where online payment facilities are available, we may incurr a fee for receiving your payment. This fee may be added to the total price of your order – you will be notified if this is the case. This fee is not refundable.
Once you have confirmed your order, wether this is with or without payment, our acceptance of your order brings into existence a legally binding contract between us on these terms. Any term sought to be imposed by you in your order will not form part of the contract.
c. Philip Edwards Photography is entitled to withdraw from any contract in the case of obvious errors or inaccuracies regarding the items appearing on our web site. If an error or inaccuracy is discovered with regards to the advertised price of the items that you have ordered, we will contact you as soon as possible by email. This will be to inform you of the correct price of the items, and to ask you if you wish to continue with the order at the amended price, or to cancel the order altogether.
Withdrawal By You From The Contract
Complaints: If for any reason you are not entirely satisfied with your order, please address any complaints to Philip Edwards Photography either by Email or telephone. We endeavour to respond to any complaint promptly.
Delivery Of items To You
a. Delivery times will vary depending on your order. For reprints we aim to deliver in 2 to 3 weeks. Orders involving albums may take from 4 to 8 weeks depending on your selection of album. Our delivery periods may be longer during busy periods or when we are away. Our delivery periods may also be longer depending on the time you take to respond to any requests we make from you for more information or layout approval. We will keep you informed if the delivery period may be longer than usually expected. If you have a particular deadline for delivery, please let Philip Edwards Photography know, we may be able to try to meet this – but do not guarantee to meet any given delivery date or period.
b. Philip Edwards Photography will notify you that your order is ready to collect. Where you have paid for delivery, we will post, or arrange a courier on your behalf for, the items ordered by you to the person and address you give Philip Edwards Photography at the time you make your order. We may require a you to sign for the delivery at the time of delivery. Our contractual requirement for orders will be met once the client has been advised that the items are ready to collect or, where the client requests us to arrange delivery the contractual requirements for orders will be met once the items have been posted. The risk in the said work, products or goods will pass to the client once they are advised that the order is ready to collect, or once the order has been posted. We will not be held responsible for any delay, loss or damage of the order in transit.
c. Lost or delayed delivery items: If your item is lost or delayed in the mail, we will make a claim on your behalf. If your order does not include payment for insured delivery, we may not be able to make a claim on your behalf. If we are able to make a claim on your behalf, we will follow the standard procedures required by the carrier for lost or delayed items. If the carrier accepts liability for the loss and issues compensation, we will replace your items once compensation has been received.
Artist’s Original Sketch
When ordering a genuine artist’s original sketch taken from a photo, an exact likeness of your photo cannot be guaranteed and is subject to the artistic licence and interpretation of the artist. The artist’s judgement will be deemed as correct. Philip Edwards Photography will have no liability for a part or full refund if any complaint arises from your appraisal of artist’s work.
Oversea Customers:
The prices payable for items are as set out in the web site, exclusive of VAT, and any duties and local taxes. Customers ordering for delivery outside of the UK will be responsible for payment of any local taxes payable, and will be required to pay extra for delivery and clearance where necessary.
Customs charges
If you are ordering items for delivery outside of the UK, please note that your consignment may be subject to import duties and taxes, which are levied once the items reach the country of destination. Any such charges levied in relation to customs clearance must be borne by you. It is accepted by you that Philip Edwards Photography has no control over additional charges in relation to customs clearance. Philip Edwards Photography recommend that you check with your local customs officials or post office for more information regarding importation taxes / duties that may be applicable to your on-line order. You will be the importer of record and responsible for any import VAT and duty that may be borne. In addition, any charges for import clearance will be borne by you, the customer.
Please note that when shipping items outside the UK, cross border shipments may be subject to opening and inspection by customs authorities. In respect of all items dispatched to you to an address outside the UK, you are deemed to be the importer of the items an d must therefore comply with all the laws and regulations of the country into which the items are being delivered.
Liability
This is as follows:-
a. You need to let us know promtly if there is a problem with your order. If the items that Philip Edwards Photography delivers are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, Philip Edwards Photography shall have no liability to you unless you notify Philip Edwards Photography in writing at the Philip Edwards Photography contact address of the problem within 10 working days of the delivery of items in question.
b. If you notify a problem to Philip Edwards Photography under this condition, Philip Edwards Photography’s only obligation will be, at our discretion:- to make good any shortage or non-delivery; to replace or repair any items that are damaged or defective; or to refund to you the amount paid by you for the items in question to the original method of payment, unless such method is no longer valid in which case a Philip Edwards Photography credit note will be issued to the value of due refund.
c. If you do not receive items ordered by you within 15 days of the date on which they were despatched to you, or if you do not collect your items within 30 days of being notified that they are ready for collection, Philip Edwards Photography shall have no liability to you unless you notify Philip Edwards Photography in writing at the Philip Edwards Photography contact address of the problem within 30 days of the date on which the items were despatched to you or you were notified that they were ready to collect.
d. Philip Edwards Photography will not be liable to you for any indirect or consequential loss or damage arising out of any problem you notify to Philip Edwards Photography under this condition and Philip Edwards Photography 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 items in question under paragraph (c) above.
e. Nothing in this condition is, however, intended to limit any rights you might have as a consumer under applicable local law that may not be excluded nor in any way to exclude or limit Philip Edwards Photography’s liability to you for any death or personal injury resulting from its negligence.
Nothing in this contract creates any right which is enforceable by any person who is not a party to the contract.
Force Majeure
Philip Edwards Photography shall have no liability to you for any failure to deliver items you have ordered or any delay in doing so or for any damage or defect to items delivered that is caused by any event or circumstance beyond our reasonable control.
Invalidity
If any part of these conditions is unenforceable (including any provision in which Philip Edwards Photography excludes its liability to you) the enforceability of any other part of these conditions will not be affected.
Governing Law
The contract between us shall be governed by and interpreted in accordance with UK law, and the UK courts shall have jurisdiction to resolve any disputes between us.
Entire Agreement
These terms and conditions, together with the current Philip Edwards Photography Web site prices, delivery details and Philip Edwards Photography contact details, set out the whole of our agreement relating to the supply of the items to you by Philip Edwards Photography. These terms and conditions cannot be varied except in writing signed by Philip Edwards. In particular nothing said by any sales person on behalf of Philip Edwards Photography should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any items offered for sale by Philip Edwards Photography. Philip Edwards Photography shall have no liability for any such representation being untrue or misleading.
Interpretation
In these terms and conditions:-
‘our’ or ‘we’ means Philip Edwards Photography
‘us’ means Philip Edwards Photography and you together; and
‘you’ and ‘your’ means the person ordering items under these terms and conditions.