TERMS AND CONDITIONS OF BUSINESS
1 Status of Terms
1.1 These terms constitute a legal document ("the Agreement"), which sets out the rights and obligations of you as a purchaser ("you"), and those of Fotodeals Ltd ("Fotodeals", "we" or "us"), in relation to the services and products offered by us through this site or any of the other sites owned by us. By registering for Fotodeals services, you agree to the terms of this Agreement, 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 our registration form (such information being the "Registration Data"); and
1.2.2 maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Fotodeals has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Fotodeals has the right to suspend or terminate your account, cease supply and refuse you any and all current or future use of the Fotodeals site (or any portion of it).
2. Place of performance and applicable law
Fotodeals Ltd is a company registered in England. Unless otherwise specified, the materials on this site are directed solely at those who access this site from the United Kingdom mainland. Fotodeals makes no representation that any product referred to in the materials on this site is appropriate for use, or available, in other locations. Those who choose to access this site from other locations are responsible for compliance with local laws if and to the extent local laws are applicable. English law shall govern this Agreement.
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 When placing an order with Fotodeals Ltd you have to have read and agree with the terms and conditions prior to completion of your order.
3.2 We consider the contract of sale to be formed at the point of dispatch by us of your goods.
3.3 Goods supplied to you by Fotodeals will correspond with their prices and description (subject to E & OE). If at any time this is not the case Fotodeals will give you the right to reject the goods within a reasonable time period for a full refund.
3.4 In the unlikely event that an incorrect price is shown on our website Fotodeals reserves the right to abstain from fulfilling the order at that price. You will of course be notified, and at which point you will be informed of the correct price, and given the choice to proceed with the order.
3.5 All stock sold by Fotodeals is sourced from the UK and is official UK stock.
3.6 We can only accept orders from payment cards registered in the UK. We only supply goods within the UK.
4. Right to cancel
4.1 You have the right to cancel your order from the point of placing your order until 14 working days after receipt of your goods. This is the cooling off period. All cancellations must be made by phone to 01704 895079 and confirmed in writing within 14 working days of receiving the goods, quoting your order no and your postcode. We will then give you a cancellation number pertaining to your order for your reference. Any goods received that haven't been cancelled in this way will not be dealt with under the cooling off period.
4.2 Where Fotodeals have supplied goods to you, you must take reasonable care of the goods in your possession pending their return to Fotodeals. Fotodeals will accept returned goods with their original packaging and which do not exhibit signs of wear or tear. Any use of the delivered goods beyond that necessary to inspect the goods on delivery will invalidate your right to cancel the contract.
4.3 Where Fotodeals have supplied goods to you, these goods must be returned to Fotodeals Ltd, Returns Department, Moss View, Hoscar Moss Road, Lathom, Ormskirk, Lancashire. L40 4BG. The cost of returning goods is non-refundable, and where Fotodeals collects goods the direct cost of such will be deducted from the refund.
4.4 Once notice of your cancellation has been received in writing Fotodeals will make a refund of the contract price to your debit or credit card used to purchase the goods. This will be done within 30 days of the date of cancellation.
4.5 All monies will be refunded within 30 days of cancellation date.
4.6 Software returns - Software may only be returned if it is unopened and in its original packing. This policy is to avoid any potential breach of the Copyright Descriptions and Patent act (CDPA) 1988. All opened software is exempt from return under the terms of the distance Selling Regulations (SI2334/ 2000). Software that arrives damaged or is physically faulty may be returned under our normal returns policy.
5.1 Fotodeals 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. Fotodeals will only be liable for consequential losses within the contemplation of the parties.
5.2 Certain links in this site (typically a banner advert or icon) will lead to sites, which are not under the control of Fotodeals. When you activate any of these you will leave the Fotodeals site and Fotodeals has no control over and will accept no responsibility or liability for the material on any site, which is not under the control of Fotodeals.
6. Limitation of Liability
6.1 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 Fotodeals.
6.2 Subject to clause 6.1, you agree that Fotodeals 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 Fotodeals's direct 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 Fotodeals has been advised of the possibility of such loss or damage).
6.3 The only liabilities that Fotodeals can exclude are those arising from the following.
6.3.1 In cases where losses were not foreseeable to both parties when the contract was formed.
6.3.2 Where losses were not caused by any breach on the part of Fotodeals.
6.3.3 For any business losses, and/or losses to non-consumers.
Orders received by 12pm are normally dispatched the same day. If Fotodeals cannot deliver within 30 days you will be notified immediately to arrange another time for delivery, or if you would prefer, to cancel your order. For a complete explanation of delivery charges please see delivery details page.
8. 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 from our site, please contact us by:
Telephone: 01704 895079
Fax: 01704 895079
Or write to: Fotodeals Limited, Moss View, Hoscar Moss Road, Lathom, Ormskirk, Lancashire. L40 4BG
All complaints are taken seriously and will be investigated as soon as they are brought to our notice. We will endeavor to rectify any problems as soon as possible.
All designs, text, graphics and their selection and arrangement on this site are the copyright of Fotodeals or its content providers. As a visitor to the Fotodeals site 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 Fotodeals prior written consent is strictly prohibited.
10.1 Intellectual property rights in any software or any other copyrighted materials ("Software") and supporting documentation supplied by us to you remain our property or that of our licensors.
10.2 Without our written consent and without affecting any applicable statutory rights under the Copyright (Computer Program) Regulations 1992 (as amended, supplemented or replaced from time to time) you shall not and shall not permit any other person to:
10.2.1 Disassemble, reverse engineer, decompile or in any other way interfere with the Software;
10.2.2 copy or modify the Software; or
10.2.3 create any new Software partly or wholly based on the Software.
10.3 Subject to the terms of this Agreement, you are licensed to use the Software and associated documentation non-exclusively, but only for the purposes identified on the site in relation to the Software.
10.4 You must not transfer, assign or sub-license your right to use the Software or attempt to do so.
10.5 Software Returns - See section 4.6
11. Matters beyond our Reasonable Control
Fotodeals shall not be held liable for any breach of this Agreement caused by circumstances out of its control including, but not limited to, Acts of God, fire, lightening, flood, or extremely severe weather, explosion, war, disorder, flood, industrial disputes (whether or not involving our employees), acts or omissions of Internet services providers or acts of local or central Government or other competent authorities.
In the event of conflict or inconsistency between the terms of the English language version of this Agreement and any translation provided by us, the English language version shall prevail.
13. Credit Card Security
All credit/debit card payments from our website are made through the secure Sagepay gateway, using industry standard 128 bit encryption. The transaction takes place electronically, No credit card numbers are held/seen by Fotodeals Limited.
14. UK Only
We supply to UK addresses only, and only to the billing address of the customer, without exception. However, with some credit/debit card issuers, it is possible to phone the issuing bank to add a secondary address.