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Formation of the contract
1.1 This website is operated by Woodrising Environmental Photography (the Supplier).
As user of this website (the Customer), the Customer acknowledges that any use
of this website including any transactions the Customer makes is subject to the
terms and conditions below. 1.2 Acceptance of the Customer's order and the
completion of the contract between the Customer and the Supplier will take place
on despatch to the Customer of the products ordered unless the Supplier has notified
the Customer that the Supplier does not accept the order or the Customer has cancelled
it. 1.3 The contract is subject to the Customer's right of cancellation (see
Section 6). 1.4 The Supplier may change these terms and conditions without
notice to the Customer in relation to future sales. 2
The Website
2.1 The Supplier will use reasonable endeavours to verify the accuracy of any
information on the website but makes no representation or warranty of any kind
regarding the contents or availability of the site or that it will be timely or
error-free, that defects will be corrected, or that the site or the server that
makes it available are free of viruses or bugs. The Supplier will not be responsible
or liable to the Customer for any loss of content or material uploaded or transmitted
through the website and the Supplier accepts no liability of any kind for any
loss or damage from action taken or taken in reliance on material or information
contained on the site. 2.2 To provide increased value to the Customer, the
Supplier may provide links to other websites or resources for the Customer to
access at their sole discretion. The Customer acknowledges and agrees that the
Supplier is not responsible for the availability of such external sites or resources,
and does not review or endorse and is not responsible or liable, directly or indirectly,
for (i) the privacy practices of such websites, (ii) the content of such websites,
including (without limitation) any advertising, content, products, goods or other
materials or services on or available from such websites or resources or (iii)
the use to which others make of these websites or resources, nor for any damage,
loss or offence caused or alleged to be caused by, or in connection with, the
use of or reliance on any such advertising, content, products, goods or other
materials or services available on such external websites or resources. 2.3
To complete the online transaction the data that you supply may be transmitted
across international boundaries. 3
Description and price of the goods
3.1 The description and price of the goods to be ordered by the Customer are as
stated on this website (which may be varied from time to time.) The Supplier shall
not be bound by erroneous prices (all prices on this website are to be construed
as an 'Invitation to treat' only). In the event of error the Supplier will inform
the Customer as soon as possible, and give the Customer the option of reconfirming
the order at the correct price or cancelling it. If the Supplier is unable to
contact the Customer the order will be treated as cancelled. If the Customer cancels
and has already paid for the goods, the Customer will receive a full refund.
3.2 The goods are offered subject to remaining unsold. If on receipt of the Customer's
order the goods ordered are not available, the Supplier will inform the Customer
as soon as possible, and refund or recredit the Customer for any sum that has
been paid by the Customer. 3.3 In addition to the price, the Customer will
be required to pay any delivery charge for the goods, shown at the checkout.
3.4 The Supplier reserves the right not to supply any goods to any person for
any reason and shall not be required to give such reason. In this event the Supplier
will inform the Customer as soon as possible, and refund or recredit the Customer
for any sum that has been paid by the Customer. 4
Payment
4.1 Payment shall be due in full before the goods are delivered. 5
Delivery
5.1 The goods ordered by the Customer will be delivered to the delivery address.
5.2 The Customer will be responsible for risk of loss of or damage to the goods
once they have been delivered to the Customer. 5.3 In spite of delivery having
been made, property in the goods shall not pass from the Supplier until the Customer
has paid the price in full and no other sums whatever are due from the Customer
to the Supplier. 5.4 The Supplier shall not be responsible for delay or non-delivery
caused by circumstances not completely within its control. Delivery dates given
by the Supplier are target only and shall not be the essence of the contract.
5.5 Claims for non-delivery or damage must be received within 21 days of dispatch. 6
The Customer's right of cancellation
6.1 The Customer has the right (subject to clause 6.7) to cancel the contract
at any time up to the end of 48 hours after the Customer receives the goods.
6.2 To exercise the Customer's right of cancellation, the Customer must give written
notice to the Supplier by hand or post or email, at the address, or email address
shown on the Supplier's website or invoice, giving details of the goods ordered.
6.3 Should the Customer exercise the Customer's right of cancellation after the
goods have been delivered to the Customer, the Customer will be responsible for
returning the goods to the Supplier at the Customer's own cost, to the address
shown on the invoice. The Customer must take reasonable care to ensure the goods
are not damaged in the meantime or in transit. 6.4 Once the Customer has notified
the Supplier that the Customer is cancelling the contract, (subject, where applicable,
to the receipt by the Supplier of the returned goods as per clause 6.3), the Supplier
will refund or recredit the Customer within 30 days for any sum that has been
paid by the Customer for the goods. 6.5 The Customer shall use all reasonable
endeavours to return the goods to the Supplier within 7 days of exercising the
right of cancellation. 6.6 If the Customer does not return the goods as required
within 21 days of cancellation the Supplier may charge the Customer a sum not
exceeding the direct costs of recovering the goods and may deduct any such sum
from that due to the Customer. 6.7 The Customer does not have the right to
cancel the contract if the order is for goods made to the customers specification
or which have been personalised for the Customer.
7 Warranty 7.1 All goods supplied by the Supplier are
warranted free from defects for 12 months from the date of supply. This warranty
does not affect the Customer's statutory rights as a consumer. 7.2 This warranty
does not apply to any defect in the goods arising from wilful damage, accident,
negligence by the Customer or any third party, or any alteration or repair carried
out without the Supplier's approval. 7.3 If the goods supplied to the Customer
develop a defect while under warranty, or the Customer has any other complaint
about the goods, the Customer should notify the Supplier in writing at the invoice
address, or email address. 8
Data protection
8.1 The Supplier will take all reasonable precautions to keep the details of the
Customer's order and payment secure, but unless the Supplier is negligent, the
Supplier will not be liable for unauthorised access to information supplied by
the Customer. 8.2 The Supplier will only use the information the Customer
provides about the Customer for the purpose of fulfilling the Customer's order,
unless the Customer agrees otherwise. 9
Applicable law
9.1 These terms and conditions and the supply of the goods will be subject to
Scots law, and the Scottish courts will have jurisdiction in respect of any dispute
arising from the contract. |