Any contract between Colorscan 90 Ltd and its customers is governed by these terms. If there is anything you are unsure of, please let us know any time.
1. Definitions
COMPANY, We, Us Colorscan 90 Limited, whose office is at Office 1 Izabella House, 24-26 Regent Place, Birmingham, B1 3NJ.
CONDITIONS The standard terms and conditions set out in this document
CONTRACT The contract for the sale of goods or services incorporating these terms and conditions and arising from the company’s acceptance of the customer’s order.
CUSTOMER, You The individual, company, firm or corporation with whom the Company contracts for the sale of goods and/or supply of services
CONSUMER A Customer who enters into a Contract with the Company as an individual, for their own personal purposes, as opposed to a Customer who buys in the course of business.
BUSINESS CUSTOMER Any Customer who enters into a Contract with the Company in the course of and pursuant to any business or charitable activities.
GOODS The goods (including any instalment of goods) which the company is to sell to the customer in accordance with these terms and conditions.
FORCE MAJEURE Any event outside the reasonable control of the Company affecting it’s ability to perform any of its obligations under these Conditions including Act of God, fire, flood, lightning, war, revolution, act of terrorism, riot or civil commotion, strikes, lock outs or other industrial action, difficulties in obtaining raw materials, labour, fuel, transport, parts of machinery, power failure or breakdown of machinery.
WORKING DAY Any day of the week except Saturday, Sunday, or a bank, public or statutory holiday.
1. Nature of these Terms
1.1 These terms constitute a legal document, and form part of the Contract. They set out the rights and obligations of you as Customer, and those of us, The Company. In relation to the services and products offered by us, either via our website, or any of the other sites owned by Us, or when a contract is formed between You and Us in any other way. By agreeing to buy from Us, or registering as a prospective Customer with Us, you agree to these terms, 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 Ebay; and
1.2.2 maintain and promptly update this information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or The Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, The Company has the right to suspend cease or refuse supply.
2. Place of performance and applicable law
The Company is registered in England and operates from the UK. Unless otherwise specified, the Goods and services offered by The Company are directed solely at those from the United Kingdom mainland. The Company makes no representation that any product referred to by the company is appropriate for use, or available, in other locations. Those who choose to buy from other locations are responsible for compliance with local laws if and to the extent local laws are applicable. The law of England & Wales shall govern the Contract and 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 Orders made via Ebay. You will be notified during the process on your web browser, before you submit an order, of what you are purchasing and agreeing to contract with the Company for. Further to this, there is important information such as a description, price and delivery charges for the goods or services ordered. We suggest you print off a hard copy of this notice.
3.2 Goods supplied to you by The Company will correspond with their prices and description (subject to E & OE). If at any time this is not the case The Company 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 or any other hard copy literature, The Company reserves the right to abstain from fulfilling the order at that price. In the unlikely event this occurs, You will be notified, informed of the correct price, and given the choice to proceed with the order, or cancel the order.
3.4 Orders from outside the UK. Whilst customers can opt to view prices on the website in alternative currencies, all payments are made in UK POUNDS STERLING at the exchange rate given by the customer s bank or card issuer at the time of the transaction. Any exchange rate fluctuations after the order is placed, or the rate at which the Customer is charged, can not be the responsibility of The Company and we are not obliged to inform you of any changes in rates. Please contact us if you want to proceed only at a particular rate of exchange.
3.5 The Website allows the option, by selecting from the left hand, permanent, column of the website (regardless of which page is being viewed), to view prices in a variety of different currencies. This is intended as a GUIDE only and the calculations are based on the current money markets, updated on a regular basis. As all transactions are processed in UK POUNDS STERLING, the actual exchange rate is likely to be different and may not be as favorable.
4. Delivery, Dispatch & Service
4.1 Lead times for processing and printing are quoted on our ebay listings. Lead times may vary depending on workload. Please let us know if you have an urgent order or a deadline.
4.2 There are different delivery cost bands for different geographical areas and weights.
4.3 Service times which are quoted are target times only. The Company reserves the right to vary service times and accepts no liability for failure to comply with quoted service times resulting in any loss, direct or indirect.
4.4 Where The Company has agreed to deliver goods to the Customer, goods shall be delivered to the delivery address specified by the Customer. If The Company s representative(s) is/are unable to gain access to the delivery address and/or if delivery is delayed due to any act or omission of the Customer, the Customer shall be responsible for any additional delivery costs incurred by The Company as a result of rearranging delivery and shall pay hire charges as if the delivery had not been so delayed.
4.5 It is the Customer s sole responsibility to provide independent insurance cover for possible loss or damages incurred during delivery of negatives, materials or goods to us, or negatives, materials or goods to the customer.
5. Damages, Shortages and Non-Receipt / Non-Delivery of Goods THIS IS VERY IMPORTANT, read carefully.
5.1 Damages and Shortages MUST be reported, in writing, within 24 hours of receipt of goods. We will not be held liable for any shortages or damaged goods beyond this time period.
5.2 Non-receipt / non-delivery of goods MUST be reported, in writing, within 4 days of our notification to you that goods have been dispatched. For customers outside the UK, non delivery MUST be reported to us within 7 days.
5.3 The company will not be liable for any non-delivery of goods reported outside of the time specified in 5.2, where the carrier can confirm delivery was made. The company will only be liable at our discretion where non delivery is reported within the relevant time in 5.2, and the carrier can confirm delivery was made.
5.4 We will always endeavour to assist customers in locating any deliveries which have gone astray, but customers are reminded to consider carefully the arrangements for taking receipt of goods at their delivery address.
5.5 DELIVERY ADDRESS: It is the responsibility of the customer to ensure there is a responsible person available to accept delivery at the specified delivery address. It is NOT the responsibility of the Company or the Carrier to vet the suitability of the recipient. This is especially important when the delivery address is a shared building such as an apartment block, College, School, University, Halls of Residence or commercial building. In the event the delivery is signed for and accepted by the wrong person, and is subsequently untraceable, the Company or the Carrier will NOT be held liable.
6. Goods Returns Policy – UK Consumers only
6.1 Subject to the rights of Consumers to return goods for refund under The Sale of Goods Act 1979 (as amended), the Supply of Goods and Services Act 1982, The Consumer Protection (Distance Selling) Regulations 2000 or any other relevant statutes or statutory instruments, the Company does not sell products on a trial basis. Customers are strongly advised to check suitability and specifications of products before ordering.
6.2 Cancellations. 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 contacting us by email at sales@ag-photographic.co.uk; writing to us at Unit 6 Phoenix Business Park, Avenue Road, Birmingham, B7 4NU; telephoning us on 0121 366 0016 (Monday to Friday 9am – 5pm, except public holidays); or, by faxing us on 0121 359 3977. At all times you must supply us with a description of the goods or services concerned, your details, and the order number in question.
6.3 If you exercise your right to cancel your order after the goods have been dispatched, you will be responsible for returning the goods to Us at your own risk and cost.
6.4 All returns are subject to the following conditions (except where the goods are faulty or incorrectly described by the Company): 6.4.1 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).
6.4.2 It must not have been used or installed. It should be returned with the original box, packing and accessories you received with it.
6.4.3 Software, memory cards, DVDs, and Pre-recorded videotapes can only be accepted if still sealed.
6.4.4 Due to the nature of light sensitive materials, their requirement to be stored correctly (and the difficulty in ascertaining if they have been stored correctly), and their propensity to deteriorate, we will not accept return of photographic film and paper where there is any indication the packaging has been opened.
6.4.5 A proof of purchase must be supplied.
6.4.6 You must return any free gifts which came with the product.
6.4.7 We will not refund any items that have been specially ordered to your individual specification or personalised.
6.4.8 Where we have made a charge for postage, this will be deducted from your refund if the goods have been dispatched to you at the time when you cancel them. Whilst we offer delivery cost included for sales over £100, this is not free delivery therefore we reserve the right to deduct the delivery cost from your refund under these circumstances.
6.4.9 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 will invalidate your right to cancel the contract.
6.4.10 Authorising the Return. You must, prior to returning any goods received, contact Us via the methods above and ensure the return is authorised. 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 MAJ Photographic Ltd., Unit 6, Phoenix Business Park, Avenue Road, Birmingham, B7 4NU.
6.4.11 Following Us receiving your instruction to cancel, you will be refunded within 30 days of our receipt of the returned goods. At our discretion, we may refund via any means such as Cheque, credit card refund, bank transfer.
6.5 Faulty or incorrectly described Goods You will always have the option of an exchange or refund where goods are faulty or where they have been incorrectly described before sale. Our liability is limited to the replacement of the goods or their replacement value. Some products may carry a manufacturer’s guarantee, and as such this covers the goods beyond your statutory protection. 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 Us and an appraisal made as to any fault.
6.5.1 To qualify for a refund or exchange the products must be in otherwise as new condition, complete with any accessories and free gifts offered with it (and, if possible, the original box and packaging and warranty).
6.5.2 This promise does not cover faults caused by accident, neglect, misuse or normal wear and tear. 6.5.3 This returns policy does not affect your statutory rights.
7. Content
7.1 The Company 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 or other documentation issued by the Company, or verbal representations.
7.2 Links on the Company’s website will lead to sites, which are not under the control of the Company. When you activate any of these you will leave the Company’s site and the Company has no control over and will accept no responsibility or liability for the material on any site, which is not under the control of the Company.
8. Limitation of Liability, generally
8.1 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 the Company.
8.2 Subject to clause 6.1, you agree that the Company 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 the Company’s 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 the Company has been advised of the possibility of such loss or damage).
9. Limitation of Liability – Negatives, files and other material
9.1 The Company s liability in respect of lost or damaged negatives or film shall be limited to the replacement material cost of the film, disk, memory card etc. and The Company shall not be liable for the cost of re-taking or re-shooting the material contained on such media. It shall be for the Client to insure against such loss or damage both in transit to and from The Company, and whilst at the Company s place of business. The customer understands the risks associated with the sending of such material via the postal service or other carriers and that it is the Customer’s responsibility to take steps to insure against these risks, or to make other arrangements to deliver such media to us.
9.2 Subject to clause 9.1, The Company shall not be liable for any loss of income or profits, loss of contracts or for any indirect or consequential loss or damage of any kind howsoever arising.
10. 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, please contact us: sales@ag-photographic.co.uk Phone: 0121 366 0016 Fax: 0121 359 3977 or write to: Ag Photo Lab, Unit 6, Phoenix Business Park, Avenue Road, Birmingham, B7 4NU. 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.
11. Copyrights
All designs, text, graphics and their selection and arrangement on our websites and stationary are the copyright of the Company or its content providers. As a visitor to the Ag Photographic website 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 the Company’s prior written consent is strictly prohibited.
Privacy Policy
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 The Company. We do 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. We may contact you in future regarding special offers, news items etc. If you do not wish to be contacted please let us know by contacting us.
