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Terms and conditions

BACKGROUND:

This agreement applies as between you, the User of this Web Site or Purchaser and Ffordes Photographic, the owner(s) of this Web Site. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these Terms and Conditions, you should stop using the Web Site immediately.

No part of this Web Site is intended to constitute a contractual offer capable of acceptance. The Purchaser’s order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to the Purchaser indicating that the order has been fulfilled and has been dispatched.

1. Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:

  • “Account” means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Web Site;
  • “Carrier” means any third party responsible for transporting purchased Goods from our Premises to customers;
  • “Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;
  • “Goods” means any products that Ffordes Photographic advertises and / or makes available for sale through this Web Site;
  • “Service” means collectively any online facilities, tools, services or information that Ffordes Photographic makes available through the Web Site either now or in the future;
  • “Payment Information” means any details required for the purchase of Goods from this Web Site. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
  • “Purchaser” means any person or business that buys Goods from Ffordes Photographic from this Web Site;
  • “Purchase Information” means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form;
  • “Premises” means our place(s) of business located at http://www.ffordes.com and The Kirk, Wester Balblair, By Beauly, Inverness-shire, IV4 7BQ
  • “System” means any online communications infrastructure that Ffordes Photographic makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
  • “User” / “Users” means any third party that accesses the Web Site and is not employed by Ffordes Photographic and acting in the course of their employment; and
  • “Web Site” means the website that you are currently using (http://www.ffordes.com) and any sub-domains of this site unless expressly excluded by their own terms and conditions.

2. International Customers

If Goods are being ordered from outside Ffordes Photographic’s country of residence, import duties and taxes may be incurred once the Goods reach their destination. Ffordes Photographic is not responsible for these charges and we undertake to make no calculations or estimates in this regard. If a Purchaser buying internationally, they are advised to contact their local customs authorities for further details on costs and procedures. The Purchaser of the Goods will also be the importer of record and as such should ensure that the purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and Ffordes Photographic gives no guarantee that the packaging of the Goods will be free of signs of tampering.

4. Intellectual Property

4.1 Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Ffordes Photographic, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws. 4.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by Ffordes Photographic.

5. Third Party Intellectual Property

5.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.

5.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Web Site or unless given express written permission to do so by the relevant manufacturer or supplier.

6. Fair Use of Intellectual Property

Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

7. Links to Other Web Sites

This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of Ffordes Photographic or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.

8. Use of Communications Facilities

  • 8.1 When using the enquiry form or any other System on the Web Site you should do so in accordance with the following rules:
    • 8.1.1 obscene or vulgar language must not be used;
    • 8.1.2 Content that is unlawful or otherwise objectionable must not be submitted. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
    • 8.1.3 Content that is intended to promote or incite violence must not be submitted;
    • 8.1.4 it is advised that submissions are made using the English language(s) as we may be unable to respond to enquiries submitted in any other languages;
    • 8.1.5 the means by which Users identify themselves must not violate these terms of use or any applicable laws;
    • 8.1.6 Users must not impersonate other people, particularly employees and representatives of Ffordes Photographic or our affiliates; and
    • 8.1.7 our System must not be used for unauthorised mass-communication such as “spam” or “junk mail”.
    • 8.2 You acknowledge that Ffordes Photographic reserves the right to monitor any and all communications made to us or using our System.

9. Accounts

  • 9.1 In order to purchase Goods on this Web Site Users are required to create an Account which will contain certain personal details and Payment Information which may vary based upon a User’s use of the Web Site as we may not require payment information until a purchase is to be made. By continuing to use this Web Site you represent and warrant that:
    • 9.1.1 all information you submit is accurate and truthful;
    • 9.1.2 if you are buying on behalf of your employers, you have the authority to submit Payment Information where any such authority is required; and
    • 9.1.3 you will keep this information accurate and up-to-date.
    • 9.1.4 Your creation of an Account is further affirmation of your representation and warranty.
  • 9.2 It is recommended that you do not share your Account details, particularly your username and password. Ffordes Photographic accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your Internet browser.
  • 9.3 If you have reason to believe that your Account details have been obtained by another without consent, you should contact Ffordes Photographic immediately to suspend your Account and cancel any unauthorised purchases that may be pending. Please be aware that purchases can only be cancelled until they are dispatched. In the event that an unauthorised purchase is dispatched prior to your notifying us of the unauthorised nature of the purchase, Ffordes Photographic accepts no liability or responsibility and you should make contact with the Carrier detailed in the Purchase Information.
  • 9.4 When choosing a username Users are required to adhere to the terms set out above in Clause 9. Any failure to do so could result in the suspension and/or deletion of your Account.

10. Termination and Cancellation

  • 10.1 Either Ffordes Photographic or a User may terminate an Account. If Ffordes Photographic terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
  • 10.2 If Ffordes Photographic terminates an Account, any current or pending purchases on your Account will be cancelled and will not be dispatched.
  • 10.3 Ffordes Photographic reserves the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch.
  • 10.4 If purchases are cancelled for any reason prior to dispatch Purchasers will be refunded any monies paid in relation to those purchases.
  • 10.5 If a User terminates their Account any non-dispatched purchases will be cancelled and a full refund of any monies paid in relation to those purchases will be paid through the payment method used when the Goods were purchased.

11. Payment

  • 11.1 Payment shall be made by the Customer for all monies owed to Ffordes Photographic in respect of orders for Goods.
  • 11.2 Payment shall be made on order and all major credit and debit cards (Maestro, MasterCard, Visa, and Solo).
  • 11.3 Any and all invoices are due for payment on the date shown on the invoice, unless alternative arrangements have been agreed between the Purchaser and Ffordes Photographic.

12. Pricing

All prices on the website are in pounds sterling and include VAT but do not include any carriage charges.

13. VAT

On NEW equipment the price shown includes VAT at 20%, on USED equipment that is owned by ourselves then VAT is charged on the profit margin only, the price shown includes any VAT content, on USED equipment that is being sold on commission by us VAT is applicable on the retained commission charge only, again the price shown includes VAT.
If you are in a position to claim back the VAT and are unsure on the VAT content on an item you have seen or purchased then please contact a member of staff for further assistance.

14. Prices and Stock Availability

Prices are subject to Stock Availability: In the unlikely event that an incorrect price is shown on our website Ffordes reserve the right to abstain from fulfilling the order at that price. You will of course be notified by phone or email at which point you will be informed of the correct price and given the choice to proceed or cancel the order.
Stock Availability: Goods are also for sale in our retail premises as well as online. In the unlikely event that an item becomes unavailable at or just before the time of purchase from the website, an alternative product or a full refund will be offered.

15. Carriage and Delivery

Delivery charges on our website are approximate and are intended as a guide only, you may be charged more if your order exceeds weight and insurance limitations set by the couriers.
For UK mainland orders under 2 kg in weight with a value over £50 we would normally use Royal Mail Special Delivery, for items over 2 kg in weight we would use Parcelforce Express. We can send items over 2 kg in weight by Royal Mail Special Delivery and/or TNT Express at an additional cost and you must specifically request this when placing the order with us.
For UK mainland orders under 2 kg in weight and with a value under £50 we would normally use Royal Mail Recorded Delivery.
For orders outside the UK mainland we would use either Royal Mail International Registered Post, TNT Express, UPS or DHL Express couriers. Orders are charged on an individual basis dependant on location, actual and volumetric weight and insurance value.
We will endeavour to dispatch all orders on the same day before 1.30pm of receiving the order (Monday to Friday), orders received on weekends and bank holidays will normally be dispatched on Monday or the day after the bank holiday.
Carriage and delivery charges are in addition to the prices shown for the equipment and Ffordes will not refund carriage/delivery charges for late delivery or due to disputes on grading of used equipment.
Ffordes will only refund carriage/delivery charges if the item/s received is incorrectly supplied or found to be faulty on receipt.

16. Warranties

All NEW equipment will come with the standard Manufacturers Warranty and are subject to the manufacturers ‘Terms and Conditions’, this does not affect your statutory rights.
All USED equipment comes with a 6 month warranty unless stated otherwise; this does not affect your statutory rights.
If the equipment is found to be faulty within the six month period then you must arrange to deliver the equipment to us personally or otherwise at your expense with a copy of the original receipt stating the fault, we will then undertake to repair the equipment at our expense, including parts and labour.
Our warranty does not cover misuse, i.e. impact damage, water damage, sand damage or fungal growth. No warranty is given on batteries.
All our used digital cameras are checked for signs of dust on the sensor and cleaned if necessary; As dust can reach the sensor any time you change your lens on a DSLR or CSC our 6 month warranty does not apply to dust appearing on your camera sensor.
We reserve the right to either repair, refund or replace for similar goods the equipment returned to us under warranty.

17. Returning USED Equipment

All USED equipment is checked by us prior to being offered for sale and if found to be faulty is either repaired before being advertised or is sold without a warranty. Items sold without a warranty will be labelled as such, and any fault will be detailed; an item may be sold without a warranty if parts are no longer available to effect a repair should a fault occur after purchase. Items sold without a warranty may be returned within 15 days of receipt if deemed unsuitable; this applies to items sent to a UK address. This does not affect the consumer’s statutory rights under UK law.
All USED equipment purchased by mail-order and sent to a UK address, will be supplied on a 15 day approval period (from receipt of the item), in order for you to confirm that it is in the condition as advertised, this approval period is not a trial period and we will not accept equipment returned and treated in this manner.
Digital Cameras must have less than 20 activations made over the original when sent to you, this being adequate to check the function of the camera.
All equipment returned within this period must be accompanied with the proof of purchase and a letter stating why you have returned the equipment. You are responsible for returning the equipment at your own risk and cost, we advise using an insured service.
Ffordes reserves the right to charge for items received back which are incomplete or which show signs of more use than is necessary to check the function and condition of the item, or which have received damage subsequent to being dispatched by us.
You have the right to cancel your order within 15 days of receiving the equipment; you must contact us by letter or e-mail to tell us you are cancelling your order; please include the purchase receipt and a letter stating why you wish to cancel your order with the equipment you are returning. Any equipment returned faulty outside the 15 day approval period is automatically treated as a repair under warranty. This does not affect your statutory rights.

18. Returning NEW Equipment

Ffordes do not accept any liability/responsibility in the choice of the equipment you have ordered, if you require assistance we are more than happy to give advice and recommendations either in our premises or by phone or email.
You have the right to cancel your new purchase within 15 days of receiving the equipment, sent to a UK address. if you wish to cancel any contract we require a written ‘cancellation note’ within this 15 day period, stating your name, address, contact telephone number, receipt number, description of goods and reason for cancellation.
In the case of a cancellation you must arrange to return the equipment to us at your expense, include the original sales receipt and a copy of the ‘cancellation note’ with the equipment, upon receiving the returned equipment it will either be checked by ourselves or by the manufacturers and refunded providing it is received in NEW condition and unused.
Refunds will be done within 14 days of receipt of the returned goods, if the equipment is not received back in new condition as supplied then charges may be applied to cover diminished value.
We will not accept any memory cards for a refund if the original sealed packaging has been opened, these will only be replaced if found to be faulty. This does not affect your statutory rights under UK law.

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