Terms of service
https://shop.conceptphotographyltd.co.uk ("Service" or "System"), is an internet based photographic sales system operated by Concept Photography LTD, ("we", “our” or "us") of Unit 7, Londonderry Farm, Willsbridge, Bristol BS30 6EL, 05768963. The Internet web site provides access to our services and laid out below are the terms and conditions of use for the Service. The web site may only be used in accordance with these terms.
The terms laid out below govern the relationship between you as a user ("you or user") and Concept Photography LTD. The web site, and the services provided through the web site, can only be used if you agree to these terms.
1. General Terms
1.0 Purchase Terms
These purchase terms ("Purchase Terms") comprise a binding contract between you as a user of the Service and Concept Photography LTD] for the purchase of photographic products (“Products”)
1.1 Legal Document
Please read these Purchase Terms carefully because they form a legal document. By submitting an order to the Concept Photography LTD. system, you agree to be bound with Concept Photography LTD by these Purchase Terms. If you do not wish to accept these Purchase Terms, you should not submit an order.
1.2 Local Law
Those who choose to access this Service from any location outside the UK are solely responsible for compliance with Local Law if, and to the extent that, it is applicable. In this case, you agree that, by you agreeing to these Purchase Terms with Concept Photography LTD, you waive any consumer rights you have which are capable of being waived under your Local Law and that these Purchase Terms are the only terms and conditions that apply between you and Concept Photography LTD in respect of your use of the Service and the supply by Concept Photography LTD of your Products.
2. Purchase Terms
2.0 Display
By the display and description of this Service, Concept Photography LTD does not necessarily agree to process your order and supply your Products at the prices specified.
2.1 Binding Contract
These Purchase Terms will not form a binding contract between you and Concept Photography LTD for the purchase and supply of the Products, until the following conditions have been met:
a. You have submitted an offer to buy certain Products using the order facility provided; and
b. Concept Photography LTD notifies you by e-mail that your order for Products has been accepted and Concept Photography LTD agrees to supply the Products to you, if you have supplied Concept Photography LTD with an e-mail address for the reply. If you fill in the e-mail field when you make an order, you will receive a confirmation by e-mail. This should be immediate.
2.2 Loss or Damage
Concept Photography LTD will not be responsible for any consequential loss or damage, howsoever arising, because of a failure, refusal, or inability by Concept Photography LTD to fulfil an order.
3. Price and Specification of Products
3.0 Prices and Taxes
All prices quoted include United Kingdom Value Added Tax ("VAT"), at the applicable rate. There is a separate VAT inclusive postage and packaging charge, and this is listed with the price and specification of the Products. The total cost is the "Purchase Price". Concept Photography LTD shall not be liable for any other sales taxes, customs or import duties or other taxes, which may be imposed on you by any relevant taxing authority. You are responsible for any such taxes.
3.1 Tax Free
If by nature of where you live you are able to purchase Products free of tax, or are able to reclaim tax, you must contact Concept Photography LTD before you make your purchase. Once an order has been placed, and payment made, Concept Photography LTD cannot enter into any correspondence or dialogue regarding tax issues.
3.2 Change
All Purchase Prices and specifications of Products are subject to change without notice, except where Concept Photography LTD has accepted your order and agreed to deliver the Products to you in accordance with Clause 2.1.
3.3 Payment
The Purchase Price payable for Products must be paid in advance by a secure payment authorisation bureau chosen by Concept Photography LTD.
Concept Photography LTD] retain the right to check with your card provider and/or any credit reference agency or bank to confirm whether or not you are able to pay the Purchase Price. Concept Photography LTD has the right to refuse your order at their discretion.
4. Delivery of Products
4.0 Delivery
All Products will be delivered to you at the UK address given during the order process, within the service time frame specified, upon your order being accepted by Concept Photography LTD, pursuant to Clause 2.1 above, unless an alternative time frame is notified to you by Concept Photography LTD prior to the expiry of a 5 working day period. For delivery outside of the UK, please contact our support team prior to placing an order. Any orders created with non-UK delivery addresses will be refunded without prior notification.
4.1 Estimate
Notwithstanding Clause 4.0, the time of delivery is an estimate only and Concept Photography LTD, shall not be liable for any late delivery of the Products or any consequential loss or damage caused as a result.
5. Returns Policy
5.0 Returns
In the event that the Products are damaged or defective when you receive them, or do not match the description specified in the Service, you will be entitled to return the Products toConcept Photography LTD, within 28 days of receipt by you. In those circumstances, Concept Photography LTD, will either reprint the Products or provide a full refund of the Purchase Price.
5.1 Not Faulty
In the event that you return any Products to Concept Photography LTD, in accordance with Clause 5.0, and Concept Photography LTD, can demonstrate that they were not faulty when received by you, Concept Photography LTD, reserves the right to return the Products to you and to claim the cost of such return postage from you.
5.2 Payment disputes and chargebacks
If you have any issue with your order, please contact us first so we can resolve it quickly. Where a payment dispute or chargeback is raised incorrectly and the card provider finds in our favour, we may recover the dispute fee charged to us by our payment provider. This is currently £15–£20 and will never be charged where we are at fault or where a refund is due under your consumer rights.
6. Duration of Purchase Terms and Termination
6.0 Duration
These Purchase Terms are binding upon you when you accept them in accordance with Clause 2 and they will remain in force until both parties have performed their obligations under these Purchase Terms or either party breaches its obligations under these Purchase Terms.
6.1 Termination
Termination in accordance with this Clause 6.0 shall not prejudice or affect any right of action or remedy, which shall have accrued or shall thereafter accrue to either party.
7. Concept Photography LTD's Responsibilities
7.0 Security
Concept Photography LTD undertakes to use commercially reasonable endeavours to prevent breaches of security of the Service (including the credit card details provided by you when you submit an order for any Products), and to use reasonable endeavours to ensure that any Concept Photography LTD suppliers, subcontractors or agents comply with this Clause.
7.1 Response
Concept Photography LTD] will use reasonable endeavours to respond to your order within the stated time.
7.2 'As Is'
The service is provided on an 'as is' and 'as available' basis, and Concept Photography LTD makes no representation or warranty that the Service offered will be accessible, or useable by you, or error free.
7.3 Suspend or Alter
Concept Photography LTD reserves the right, at its sole discretion, to suspend or alter the operation of the Service for legal, technical or any other reason. Concept Photography LTD will give as much notice as possible prior to taking any of the actions described in this Clause, but prior notice may not always be feasible.
8. User's Responsibilities
8.0 Authorised Owner
You warrant that you are the proper authorised owner of the payment details of which you supply to Concept Photography LTD's payment authorisation bureau when using the System.
8.1 Accurate Information
You warrant that all information given by you in your use of this Service is accurate and not misleading and that you will not use this Service:
a. for any fraudulent or illegal purposes
b. for the transmission or posting of any computer viruses or any material which is defamatory, offensive or of an obscene or menacing character, or in such a way as to cause annoyance, inconvenience, or needless anxiety. You agree that you will be liable for any action taken against Concept Photography LTD or against you in relation to such use; and
c. in a manner which constitutes a violation or infringement of any right of person, firm, or company, including but not limited to, rights of copyright or confidentiality.
8.2 Personal Use
You confirm that all pictures purchased using the Concept Photography LTD Service are purchased strictly for your own personal use. If you wish to use any picture within the system for any other purpose, you agree to contact Concept Photography LTD to negotiate terms.
8.3 Copyright
You acknowledge and accept that all copyright, trademarks, and all other intellectual property rights in any part of the Service or any material supplied as part of the Service belongs to Concept Photography LTD. You agree not to remove any copyright, trademark or any other intellectual property notices contained in the original material and/or from any Products purchased through the service.
8.4 Indemnify
You agree to indemnify Concept Photography LTD against any claims, costs, expenses, or legal proceedings caused as a result of your use of this Service in contravention of Clause 8.1. Further, in these circumstances, Concept Photography LTD shall be entitled to treat the contravention as a material breach of these Purchase Terms and terminate the Purchase Terms, cancel any pending orders for Products made by you and terminate any access permission granted to you by Concept Photography LTD forthwith, without notice to you.
8.5 Privacy
Personal data provided to Concept Photography LTD through this web site will only be used in accordance with our Privacy Policy. Please read through this carefully before proceeding. By providing your personal data you are consenting to its use in accordance with the Privacy Policy.
9. Limitation of Liability
9.0 Limit of Liability
To the extent that Concept Photography LTD is deemed by a court of competent jurisdiction, to have any liability to you in relation to the Service or any Products supplied by Concept Photography LTD or Concept Photography LTD's contractors, Concept Photography LTD entire liability shall be limited to £500 for any one incident or series of related incidents and up to £1,000 for all incidents in any period of 12 months.
9.1 Not Liable
Concept Photography LTD shall not be liable to you, other than through fraudulent or negligent misrepresentation, for:
a. any economic loss, including without limitation, loss of revenue, business, contracts, profits, or anticipated savings.
b. any loss of goodwill or reputation.
c. any loss of data; or
d. any special, indirect, or consequential loss.
10. Operation of the web site
10.0 Changes
Concept Photography LTD may at its discretion change the format and content of the web site, or any products or services offered, at any time without notice.
10.1 Terminate
Concept Photography LTD may suspend or terminate the operation of this web site or suspend or terminate provision of any products or services offered, for support, maintenance work, in order to update the content or for any other reason. Concept Photography LTD may do this at any time and without notice.
11. Notices
11.0 Legal Notices
You may send a legal notice to Concept Photography LTD, or any questions you may have concerning these Purchase Terms, by writing toConcept Photography LTD, at Unit 7, Londonderry Farm, Willsbridge, Bristol, BS30 6EL. Such notices will be effective within 3 days of receipt by Concept Photography LTD.
11.1 Give Notice
Concept Photography LTD may give notice to you by general notice on its web site, www.conceptphotographyltd.co.uk, by e-mail to your e-mail address on record with Concept Photography LTD, or by post to the geographical address on record with Concept Photography LTD.. Such notice will be effective if sent by e-mail or posted on Concept Photography LTD's web site, 3 days from the date it was sent or posted. If sent by regular post, it will be effective 3 days after posting by Concept Photography LTD.
12. Third Parties
12.0 Third Party Rights
Nothing in these Purchase Terms shall confer on any third party any benefit or the right to enforce any term of this Agreement. For the avoidance of doubt, the Contracts (Rights of Third Parties) Act 1999 shall not apply to these Purchase Terms.
13. General
13.0 Entire Agreement
These Purchase Terms form the entire agreement between you and Concept Photography LTD and supersede any other oral or written communications, agreements, or representations with respect to your use of this Service.
13.1 Change of Terms
Concept Photography LTD reserves the right to add to or change the terms of these Purchase Terms in its sole discretion without prior notice. All changes to the Purchase Terms will be effective once posted on the Concept Photography LTD. site. Concept Photography LTD will provide notice of the changes to the Purchase Terms for (30) days after posting the amended Purchase Terms on the Service.
Your continued use of the Service and submission of any order in accordance with Clause 2.1 above following Concept Photography LTD's posting of such changes will be regarded by Concept Photography LTD as acceptance of the amended Purchase Terms. If you do not agree to be bound by the amended Purchase Terms, you should exit the Service and not access the Service or submit any orders for Products to Concept Photography LTD.
13.2 Statutory Rights
Nothing in these Purchase Terms affects your statutory rights as a consumer.
13.3 Court Ruling
If any part of these Purchase Terms are held by a court of competent jurisdiction to be unenforceable, the validity of the remainder of these Purchase Terms will not be affected.
13.4 Beyond Control
If Concept Photography LTD is unable to perform any obligation under these Purchase Terms because of a matter beyond its reasonable control, including but not limited to; fire, flood, explosion, war, civil disorder, industrial disputes, whether or not involving its employees, or other disasters or governmental laws and regulations imposed after the fact, or events beyond the reasonable control of Concept Photography LTD, Concept Photography LTD will have no liability for failure to perform the Service.
13.5 At Own Risk
Your use of the Internet is solely at your own risk and subject to all applicable laws, and Concept Photography LTD has no responsibility for any information, software, services, or other materials accessed or obtained by you using the Internet.
13.6 No Representation
Concept Photography LTD makes no representation that any Products purchased using the Concept Photography LTD service are appropriate for your use, or available, in any other locations.
13.7 Laws of England
These Purchase Terms are governed by the laws of England, and subject to the non-exclusive jurisdiction of the English Courts.