Terms
and Conditions
To protect your own interests
please read the conditions carefully before you click the tick box.
If you are uncertain as to your rights under them or you want any
explanation about them please write, telephone or email our customer queries
department at the above address and telephone number BEFORE you place the order.
YOU ARE
ADVISED TO PRINT AND RETAIN THESE TERMS FOR YOUR RECORDS.
By placing an Order and purchasing goods from Paul Chapman Pictures you enter into a legally binding agreement with us on the following Conditions. You should read and understand these Conditions because they affect your rights and liabilities.
These are the Standard Terms and Conditions of Sale of Paul Chapman Pictures, 13 Rashleigh Avenue, Saltash, Cornwall, PL12 4NS, Motorsport photography. ("the Seller", "We" or "Us") for certain products as set out in the pages on this site ("the Goods"). Subject to the provisions of Clause 4.2 below, the price of the Goods the delivery charges and Value Added Tax where applicable is set out on the Order Form.
In accordance with the provisions of the Consumer Protection (Distance Selling) Regulation 2000 , you have the right to withdraw from this transaction. Details of your right to withdraw will be sent to you with the Goods when they are delivered and can be found in Clause 9 below. PLEASE NOTE THAT THE RIGHT TO WITHDRAW FROM THE CONTRACT DOES NOT APPLY IN RESPECT OF ANY AUDIO OR VIDEO RECORDINGS OR COMPUTER SOFTWARE WHICH HAVE BEEN OPENED BY YOU.
THESE
CONDITIONS DESCRIBE THE BASIS FOR PURCHASE BY YOU AND SALE BY US OF THE PRODUCTS
DESCRIBED ON THIS WEB SITE.
‘Conditions’ means the standard Terms and Conditions of sale set out in this document;
‘Contract’ means the contract for the sale of the Goods;
‘Payment Card’ means the credit or debit card or other payment system chosen by you to be used as the method of payment for the Goods of which you have provided details to us when placing the Order;
'Delivery
Area' means mainland
UK.
'Goods'
which you have ordered including any installment of the goods or any parts for
them which are available for purchase from our Web Site in accordance with the
Conditions;
‘Information System’ means a system for generating, sending, receiving, storing or otherwise processing electronic communications;
‘Order’ means any order placed by you with us for the supply of Goods;
‘Order Form’ means the electronic order form completed and submitted electronically by you;
‘Regulations’ means the Consumer Protection (Distance Selling) Regulations 2000;
'Web
Site' our presence on the world wide web, currently accessible via the address http://www.pcpimages.co.uk
'Paul Chapman Pictures - Motorsport Photography.
1.2 Reference to any statute or statutory provisions shall be deemed to include any statutory modifications or re-enactments thereof or any rules or regulations made thereunder or any enactment repealing and replacing the act referred to.
1.3 Unless the context otherwise requires:-
1.3.1 Words importing the singular shall include the plural and vice versa;
1.3.2 Words importing the masculine gender shall include the feminine gender and vice versa;
1.3.3 References to persons shall include bodies of persons whether corporate or incorporate.
1.4 Unless the context otherwise requires references to clauses shall be construed as references to clauses of these Conditions.
1.5 Headings are inserted for convenience only and shall not affect the construction or interpretation of these Conditions.
2.1 We shall sell to you and you shall purchase only those goods which you have set out in an order and which have been accepted by us. We reserve the right to reject any order. Unless otherwise agreed in writing each such sale of Goods will be subject to these terms and conditions.
2.2 No Order submitted by you shall be deemed to be accepted by us unless and until confirmed by e-mail or in writing by us.
2.3 No variation to these Conditions shall be binding upon us unless and until agreed by e-mail or in writing by us.
2.4 Any error or omission in any information or document issued by us shall be subject to correction provided that the correction does not materially affect the contract.
3.1
The quantity, quality and description of
the Goods will be those set out in your Order (if accepted by us).
3.2 Orders are accepted at our sole discretion but are normally accepted if the Goods are available, the order reflects current pricing, you are based in the Delivery Area and your Payment Card is authorised for the transaction.
3.3 You or we are entitled to withdraw from any contract in the case of obvious errors or inaccuracies regarding the Goods appearing on our website.
3.4 You shall be responsible for ensuring the accuracy of the terms of any Order submitted by you, and for giving us any necessary information relating to the Goods within a sufficient time to enable us to perform the Contract in accordance with its terms.
3.5 The quantity, quality and description of and any specification for the Goods shall be those set out in the relevant pages of this site.
3.6 We reserve the right to make changes in the specification of the Goods which are required to conform with any applicable statutory or EC requirements
4.1 The price of the Goods shall be the price set out on the relevant page of this site. We reserve the right to change the prices set out on this site provided that if we accept an order from you the price for the goods will be the price set out in the relevant range at the time the order is placed.
4.2 If the price of the Goods increases between the date we accept your Order and the delivery date, we will let you know and ask you to confirm by e-mail/in writing that the new price is acceptable. If it is not acceptable then you will, of course, have the option of cancelling the order.
4.3 The price of the Goods does not include insured postage or packaging. There will be an additional charge made relative to the size and amount of Goods insured for postage and packaging. This charge will be clearly shown on the Order form.
4.4 The total price is inclusive of any applicable value added tax.
5.1 Upon providing us with details of the Payment Card and submitting the Order you :
5.1.1 Confirm and undertake that the information contained within the Order is true and accurate and that you are duly authorised to use the Payment Card; and
5.1.2 Authorise us to deduct from the Payment Card account the full price of the Goods and all other payments which may become due to us under the Contract.
5.2
If it is not possible to obtain full payment for the Goods from your
account on delivery of the Goods to you, we can cancel the Order or suspend any
further deliveries to you. This does not affect any other rights we may have.
5.3
Where Goods are returned by you in accordance with your rights under the
provisions of Clause 9, we shall credit the Payment
Card with the appropriate amount.
5.4
We will not pass your personal information on to any third party without
your permission. Unless solely due
to our negligence we cannot be held liable for any losses you may suffer. If in any event your payment card is used fraudulently you
are entitled to cancel the payment and be reimbursed by the card issuer without
being charged for the loss.
6.1
Delivery of the
Goods shall be made by us or our carrier to the address for delivery shown in
the Order Form. It is important
that this address is accurate. Please
be precise about where you would like the Goods left if you are out when we
deliver. Once the Goods have been
delivered in accordance with your delivery instructions, you will be responsible
for them. Our responsibility for
everything other than damage due to our negligence or due to a manufacturing
design or design fault will cease upon delivery.
6.2
We will do all that we reasonably can to meet the date given for delivery
or, if no date has been agreed, within 30 days of the order date.
We cannot be held responsible for delays beyond our control.
If we are unable to make the delivery date we will contact you.
If delivery cannot be made within 30 days of the given delivery date you
will be entitled to either arrange a revised date or cancel the order and
receive a full refund. If we are
able to make delivery in advance of the given date we will contact you.
6.3
If the order is a multiple order and we are unable to make delivery of
the whole order but are able to deliver part we will contact you, informing you
of this, and delivery will be on a mutually agreed date.
In this instance delivery will be said to be made in instalments.
Each delivery shall constitute a separate contract and any failure by us
to deliver any one or more of the instalments in accordance with these
conditions, or any claim by you in respect of any one or more instalments will
not entitle you to treat the contract as a whole as repudiated.
6.4
If we fail for any reason within our control to fully/partially deliver
your Goods any reimbursement shall be no more than the
price of the Goods, together with any delivery and/or reasonable return costs.
6.5
Either party is entitled to cancel the contract in respect of
non-performance of obligations in relation to delivery.
If cancelled we will refund you any monies already paid by you and any
reasonable return costs incurred by you.
7.1
As soon as we have delivered the Goods or services, you will be
responsible for them. If you delay
a delivery our responsibility for everything other than damage due to our
negligence will end on the date we agree to deliver them, as set out in the
contract.
7.2
Subject to the provisions of clause 9 and notwithstanding delivery and
the passing of risk in the Goods, or any other provision of these Conditions,
the property in the Goods shall not pass to you until we have received in cash
or cleared funds payment in full of the price of the Goods.
Goods supplied to
you are not for resale.
8.1
Terms and conditions of this contract do not affect any additional rights
you may have under a manufacturer’s warranty/guarantee.
These are rights given to you by the manufacturer in addition to your
statutory rights. Any additional
rights given to you by the manufacturer in respect of Goods purchased are not
incorporated into this contract.
8.2
As a consumer you have statutory rights regarding the return of defective
Goods and claims in respect of losses caused by any negligence on our part or
our failure to carry out our obligations. The terms and conditions of this
contract do not affect your statutory rights.
For further information regarding these rights contact Trading Standards
or Citizens’ Advice Bureau.
8.3
IMPORTANT NOTICE: TIME LIMIT
FOR NOTIFICATION OF CLAIMS
You
are asked to examine the goods as soon as reasonably possible after delivery.
Any claim by you based on any defect in the quality or condition of the
Goods or their failure to correspond with specification must (whether or not
delivery is refused by you) be notified to the company within 14 days from the
date of delivery or within a reasonable time after discovery of the defect or
failure if it was not apparent on reasonable inspection.
8.4
Where a valid claim in respect
of Goods delivered is notified to us within 14 days of the delivery date, or
within a reasonable time if not apparent on reasonable inspection, you are
entitled to:
Reject the Goods and receive a full refund;
Or have the Goods (or the part in question)
replaced free of charge.
Any
claims made after 14 days of delivery or exceeding a reasonable time of
discovery, we shall be entitled to either:
Replace the Goods (or the part in question)
free of charge or
At
our sole discretion refund to you the price of the Goods (or a proportionate
part of the price) and we shall have no further liability to you.
8.5
Except in respect of death or
personal injury caused by our negligence we will not be liable under this
contract for any loss or damage caused by us or our agents in circumstances
where:
i)
There is no breach of a legal duty
of care owed to you by us or by any of our employees or agents;
ii)
Such loss or damage is not a reasonably foreseeable
result of any such breach;
iii)
Any increase in loss or damage
resulting from breach by you of any term of this contract.
In the event that you are using the supply
address in part for commercial purposes then no liability for loss of profits or
other economic loss arising out of a breach of this agreement can be accepted.
8.6
Subject to our obligations, and
your rights under the Regulations, we shall not be liable to you or be deemed to
be in breach of the contract by reason of any delay in performing, or any
failure to perform, any of our obligations in relation to the Goods if the delay
or failure was due to any cause beyond our reasonable control.
8.7
We assume no responsibility for
the contents of any other web sites to which this Web Site has links.
9.1
You have a cooling off period of 14
days after the date on which you have received the Goods to cancel the Contract,
and return the Goods at your cost and receive a full refund of the purchase
price and any delivery cost.
9.2
During the cooling off period any cancellation must be given by written
notice by either party.
9.3
Goods must be returned complete and undamaged with all accessories and
instructions. The original packing
must be returned in reasonable condition.
9.4
The right to cancel this contract will not apply in
respect of:
Personalised Goods or Goods made to your
specification
Audio, video recordings (including DVDs) or
computer software you have unsealed
Betting games or lottery services
Newspapers and magazines
Food, drink or other Goods intended for
everyday consumption.
Contracts for accommodation, transport,
catering or leisure services which are arranged for a specific time or date,
e.g. train, airline or concert tickets or hotel bookings
Timeshare and package holidays
9.5
In the event that we supply substituted Goods to you in accordance with
the provisions of Clause 2, your
right to cancel is as set out as above except that the cost of returning the
Goods shall be borne by us.
10.1
Any communication sent electronically by e-mail or otherwise:
10.1.1
Will be deemed to have been sent once it enters an Information System
outside the control of the originator of the message;
10.1.2
Will be deemed to have been received by the intended recipient at
the time that in a readable form it enters an Information System which is capable of access by the intended recipient;
10.1.3
Will be deemed to have been dispatched in the case of a business at its
principal place of business and in the case of an individual where he or she
ordinarily resides;
10.1.4
Will be deemed to have been received in the case of a business at its
principal place of business and in the case of an individual where he or she
ordinarily resides.
10.2
To protect your own interests you should ask for a delivery receipt for
any such and retain a hard copy of that delivery receipt and the original
correspondence.
11.1
Any communication sent by post will be deemed received by the intended
recipient three days following mailing where sent by first class post or five
days after mailing where sent by second class post.
11.2
The clauses of these Conditions and each sub-clause thereof are several
and if any part of any clause or sub-clause shall be void, invalid or
unenforceable then the remainder of such clauses or sub-clauses shall
nevertheless be valid and enforceable.
11.3
No term of the Contract is intended to confer a benefit on, or be
enforceable by, any person who is not a party to the Agreement (whether under
the Contracts (Rights of Third Parties) Act 1999 or otherwise).
11.4
If any provision of these Conditions is held by any court or competent
authority to be invalid, unlawful or unenforceable in any jurisdiction in whole
or in part, it will not affect the validity or enforceability of the other
provisions of these Conditions and the remainder of the provision in question
shall not be affected nor will it affect the validity,
lawfulness or enforceability of that provision in any other jurisdiction.
11.5
We will try and solve any disagreements quickly and efficiently.
If you are not happy with the way we deal with any disagreement and you
want to take court proceedings you must do so within the United Kingdom.
11.6 The headings in these Conditions
are for convenience only and will not affect their interpretation.
© 2008 SafeBuy Services Ltd v3.4