TERMS AND CONDITIONS OF SUPPLY
Supplier of Products and Services
Ordering and availability
Changes to orders
Delivery outside the United Kingdom
Price and payment
General, law and disputes
1.2 In respect of any orders that are placed by telephone, by correspondence or in person, our standard terms applicable to such ordering methods in force from time to time will apply to those orders (and only to those orders) and not these Terms of Supply.
1.3 We reserve the right to change these Terms of Supply from time to time by changing them on the Site, although no such change will affect any order you have already placed with us. These Terms of Supply were last updated on 2 February 2016.
2. Supplier of Products and Services
3. Product information
Whilst we have taken reasonable steps to depict Products as accurately as possible through the photographs and other images featured on the Site, the detailing (such as colour, pattern and texture, etc.) you see on-screen will depend on your monitor and, as such, may not exactly reflect the actual detailing of a Product when you receive it.
4. Ordering and availability
4.1 Products and Services may be ordered on the Site by following the prompts that appear on-screen. You may check and correct any input errors in your order up until the point at which you submit your order to us by clicking the "Order with obligation to pay" button on the checkout page. Please do check your order before you submit it.
4.2 After placing an order, you will receive an email from us acknowledging that we have received your order and giving you an order reference number (Order Confirmation). Please note that this does not mean that your order has been accepted. Your order constitutes only an offer to buy from us. All orders are subject to acceptance by us. We are not obliged to accept your order and may, in our discretion, decline to accept any order.
4.3 All stock is subject to availability. It is particularly important if your order is for graduation photography Products and Services, that you place your order early to avoid disappointment because we only have a limited number of photography appointments available for any one ceremony.
4.4 If, for any reason, we are unable to accept your order (for instance, because of insufficient stock or a Product has been discontinued), we will notify you by email, within 3 working days after we send you the Order Confirmation. If we do not accept your order, we will promptly give you a full refund.
4.5 Where we accept your order for Products, we will be under a legal duty to supply you with goods that are in conformity with the contract that arises from that order.
4.6 We welcome enquiries for photography shoots at private ceremonies, functions and events and private portrait photography (Special Photography). You should Contact us with your requirements and we will do our best to help you. Because of the bespoke nature of these services, orders for Special Photography cannot be placed through the Site.
5. Changes to orders
5.1 If you wish to change your order (for example, changing Products, Ceremony or other details), you should Contact us as soon as possible, and we will do our best to try to help you, but please note that, due to availability and other constraints we may not always be able to accommodate changes and we reserve the right to charge you an administration fee (which we will notify to you) if we do so. Requests for exchanges cannot be considered beyond 28 days after your order is delivered.
5.2 If you are resident overseas, you are responsible for liaising with customs authorities to ensure that any Products returned to us for exchange (where we agree to this) are returned under the appropriate duty relief so as to ensure that any exchanged items despatched by us do not attract further duty charges.
5.3 Nothing in this section affects your right to cancel your order within the Cooling-off period.
6.1 Unless you select the "collect from store" option, where available on the Site, when ordering, Products will be delivered to the delivery address you specify in your order. Except in the case of photographic Products, delivery will normally be between one and seven days of despatch, depending upon the method of despatch you choose and the delivery address, but in any event delivery will be within 30 days of despatch. We will only despatch when all items of the order have become available in stock, including any non-stock item which has to be ordered in, and therefore the delivery time will depend on when the last item comes into stock.
6.2 Products comprised within the same order cannot be delivered to different addresses. Orders cannot always be delivered to PO Box or similar addresses.
6.3 Deliveries are made by Royal Mail or courier and take place on Monday to Friday, excluding bank and public holidays, usually within the hours of 8am and 6pm. It is not possible to specify a precise time at which a delivery will take place. Please note that the courier may require deliveries to be signed for.
6.4 It would be helpful if you would provide an address where someone will be in during the working day (for example, a work address). We are not responsible for any delay in delivery caused by the unavailability of someone to take personal delivery of an order that needs to be signed for. It is your responsibility to contact the post office or relevant courier company as applicable to arrange the collection or delivery of Products that could not be delivered because you were not in.
6.5 Products ordered will be at your risk from the time of delivery. Ownership of Products will also pass to you on delivery, provided we have received full payment of all sums due in respect of the Products, including delivery charges.
7. Delivery outside the United Kingdom
7.1 We can accept orders for delivery to most overseas addresses. The currently available countries you may select from are shown in the on-screen drop down before you place your order.
7.2 If you order Products for delivery outside the United Kingdom, they may be opened and inspected by customs authorities and may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. All orders delivered outside the European Union are despatched on a 'delivered duty unpaid' basis. This means that any local charges incurred must be met by the recipient of the Products. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
7.3 Please note that orders placed on the Site are not subject to the VAT Retail Export Scheme.
8.1 If you order pre-arranged, appointment-based photography (in respect of a ceremony, function or event or portrait photography), to take place at an appointment either selected by you when ordering on the Site or separately agreed (offline) with us, you should meet our photography staff at the agreed venue, on the agreed date and promptly at the agreed time. Graduation photography appointments take place at, or immediately prior to, the ceremony specified when ordering and you should present yourself to our photography staff on the day promptly after robing.
8.2 We are regularly engaged by the third party organisers of ceremonies, functions and events, and by schools and other institutions, associations and clubs to take photographs in which you (or, in the case of schools photography, your child) may participate, whether individually or as part of a group, even though you yourself have not arranged the photography beforehand. Once those photographs have been taken, they will be available for view and order on the Site soon afterwards. You will need a passcode and/or reference number to access the images and this will be provided to you (or, in the case of schools photography, your child), either on the day the photographs are taken or shortly afterwards. If you wish us to remove your photograph please contact us (at firstname.lastname@example.org) and we will promptly remove the photograph.
8.3 Photography Products will normally be despatched within 28 days of your order being accepted. However, photography Products containing institution crests and/or names are despatched within 28 days of proofs being signed-off by the event organiser (because we cannot commence production until we have received that sign-off).
8.4 Photographs will be supplied on photographic paper or on digital media, as indicated on the Site. We do not supply photographic negatives.
8.5 As between you and us, we retain full, unlimited, worldwide copyright and other intellectual property rights in all photographs. They are supplied solely for personal display purposes and may not be copied, published, reproduced or stored on any electronic retrieval system without our express written permission, except that if you order photographs to be supplied on digital media (e.g. a USB stick), you have the right to copy and reproduce the photographs (or have a third party do so on your behalf) for your personal use. Any sample individual photograph on the Site, whether in 'thumbnail' or full form, is for sample purposes only.
8.6 If you take part in a group photograph, you agree that you do so voluntarily and on the basis that you consent to the fact that your image may be displayed (including on the Site or any other website and in printed publications) and made generally available for purchase by other customers, and may be used by us for promotional purposes. Due to the number of people involved in a group photograph, you will not be able to withdraw your consent once the photograph has been taken. In the case of children photographed as part of a group school or class portrait, consent to display the image on the Site is at the discretion of the school or institution, and our default policy is not to display these images unless specifically requested to do so by the school.
9. Price and payment
9.1 Prices are as quoted on the Site from time to time, except for Special Photography, for which the prices are as agreed as part of the relevant (offline) order. Prices include VAT but exclude delivery costs which, in the case of an order placed online, will be automatically added to the total amount due, once you have selected your chosen different delivery method, and will be shown when you view the items in your shopping basket. For Special Photography, a charge in respect of travel by our photographer to the agreed venue may also apply (depending on the location), as agreed as part of the relevant (offline) order.
9.2 Where VAT does not apply, a price adjustment will be made and a copy of your ex-VAT invoice will be despatched with your goods.
9.3 Prices (and delivery costs) are liable to change at any time, but changes will not affect orders which we have already accepted.
9.4 The Site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on the Site may be incorrectly priced. We will normally verify prices as part of our order processing procedures so that, where a Product's correct price is less than our stated price, we will charge you the lower amount. If a Product’s correct price is higher than the price stated on the Site, we will normally, at our discretion, either contact you for instructions or reject your order and notify you of such rejection.
9.5 Payment for all orders must be made by credit or debit card on the checkout page, except for Special Photography, for which payment must be made by the method and at the stage agreed as part of the relevant (offline) order (which may, if so agreed, involve up-front payment of a non-refundable deposit). We accept payment by most major credit and debit cards.
9.6 If you use a credit or debit card which is not registered to a statement address in the United Kingdom, we may perform separate credit validation checks before accepting that means of payment. Online payment transactions are also subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorise payment for any reason. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this.
9.7 Where payment made online is authorised, your credit or debit card will be charged as soon as you complete the checkout process.
10. Cooling-off period
10.1 You may cancel your order for non-personalised Products (but not for Products that have been personalised or made to your own specifications, which includes photographs once they have been taken, and not for Special Photography) at any time before your order is delivered and up to 14 days afterwards, beginning on the day after you receive the Products. After the 14-day period, you may still cancel up to 28 days after your order is delivered, subject to the Products being unused and in a re-saleable condition, but we reserve the right to charge you an administration fee (which we will notify to you). No administration fee will be charged if you cancel within the 14-day period. If the Products have been despatched you, you must return them to us (see Returns).
10.2 If you cancel your order within the cooling-off period, you will receive a refund in accordance with our Refunds policy.
10.3 To cancel your order, you must:
· Contact us, giving us your name, address and order reference and stating that you wish to cancel; or
· complete our Cancellation Form and return it to the address specified in that form.
10.4 Details of the consumer rights described above, and an explanation of how to exercise them, are provided in the Order Confirmation. Nothing in this section affects your legal rights.
11.1 Please refer to the Cooling-off period for your rights of cancellation.
11.2 If you cancel your order within the Cooling-off period, you must return the Products to us within 14 days after the day of notifying us of the cancellation, in the same condition in which you receive them (except to the extent reasonably necessary for you to examine them). You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right to deduct the cost of any deterioration, up to the price of the Product, from the refund to which you are otherwise entitled in accordance with our Refunds policy.
11.3 You should package the parcel securely (making sure you include a note of your name and address (enclosing any returns slip, if we have provided one) inside the parcel) and then return it to us, either by courier or by a form of certified mail, to the following address:
Lafayette Photography Web Sales
Unit 51 Denny End Industrial Centre
11.4 We advise that you take out enough postal/carriage insurance to cover the value of the contents. If you are returning Products to us from outside the European Union, you should check with your local customs office to ensure that they are not subject to further import duties and taxes when they arrive back in the United Kingdom.
11.5 Please save your proof of posting/despatch and tracking information until your refund has been processed. You will be responsible for the cost and risk of returning the Products to us.
12. Refunds policy
12.1 If you cancel your order within the Cooling-off period, we will refund the price paid (subject to any deduction we are entitled to make due to your use of or damage to the Products). If you received any promotional or other discount when you paid, the refund will only cover the amount you actually paid.
12.2 If the Products have been despatched to you, the refund will include the cost of standard delivery, but we will not refund your cost of returning the Products to us. The refund will be less any amount we are entitled to deduct in accordance with our Returns policy.
12.3 We will process the refund due to you as soon as possible and, if the Products have been despatched to you, then in any event within 14 days after the day on which we receive the Products back or, if earlier, the day on which we receive evidence that you have returned the Products to our Returns address.
12.4 We will refund any money using the same method originally used by you to pay. If we are unable to put the refund through on this card for any reason, we will contact you on the email address supplied by you to discuss alternative arrangements.
13. Faulty products
13.1 If any Product you order is damaged or faulty when delivered to you, you may have one or more legal remedies available to you, depending on when you make us aware of the problem, in accordance with your legal rights. If you believe a Product was delivered damaged, defective or faulty, you should Contact us as soon as possible, giving us your name, address and order reference and details of the problem.
13.2 Please note that, in accordance with the accepted practices of all professional photographers and photographic laboratories, objections in relation to any photographic Products of reasonable quality will not be accepted. We cannot be responsible for individual tastes or expectations. You should bear in mind that photographic prints will, over time, fade. This is particularly true if they are left in bright sunlight and/or are not behind glass. We cannot accept any responsibility for this gradual image deterioration.
13.3 Nothing in this section affects your legal rights.
14. Our liability
14.1 Nothing in these Terms of Supply shall limit or exclude our liability to you:
· for death or personal injury caused by our negligence;
· for fraudulent misrepresentation;
· for breach of any statutorily-implied term as to ownership of the Products;
· under Part I of the Consumer Protection Act 1987; or
· for any other liability that may not, under English law, be limited or excluded.
14.2 Subject to this, in no event shall we be liable to you for any business losses and any liability we do have for losses you suffer shall not exceed the price payable for the purchase of the relevant Products and is strictly limited to losses that were reasonably foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
14.3 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control.
15. General, law and disputes
15.1 You may not transfer or assign any or all of your rights or obligations under these Terms of Supply.
15.2 All notices given by you to us must be given in writing to the address set out at the end of these Terms of Supply. We may give notice to you at either the email or postal address you provide to us when placing an order.
15.3 If we fail to enforce any of our rights, that does not result in a waiver of that right.
15.4 If any provision of these Terms of Supply is found to be unenforceable, all other provisions shall remain unaffected.
15.5 These Terms of Supply may not be varied except with our express written consent.
15.6 These Terms of Supply and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any order. Each contract relating to an order will be deemed to have been concluded in the United Kingdom. We are required by law to advise you that, contracts may be concluded in the English language only and that no public filing requirements apply.
15.7 These Terms of Supply shall be governed by English law, and you agree that any dispute between you and us regarding them or any order will only be dealt with by the English courts, provided that, if you live in a part of the United Kingdom other than England, the applicable law of that part of the United Kingdom will govern and any dispute will only be dealt with by the courts there.
15.8 The European Online Dispute Resolution platform http://ec.europa.eu/consumers/odr provides information about alternative dispute resolution which may be of interest.
To: Lafayette Photography Customer Services
Unit 51 Denny Industrial Centre
I/We* hereby give notice that I/we* cancel my/our* contract of sale of the following goods* / for the supply of the following service*:
Ordered on* / received on*: ………………………………..
Names of consumer(s): …………………………………….
Address of consumer(s): …………………………………..
Signature of consumer(s) (only if this form is notified on paper): …………………………………
*Delete as appropriate
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