1. About these Terms and Conditions

1.1 In these terms and conditions "we" and "us" mean Red Photography, and "you" means you the customer. In these terms and conditions certain words spelt with initial capital letters are defined terms. For your ease of reference these defined terms are listed together at the end of the terms and conditions. These terms and conditions together with your Order Confirmation constitute the Contract between us and you for the supply of Products and Services. No other terms and conditions shall apply. The Contract cannot be varied unless we agree to vary it in writing or by email.

 

2. Placing Your Order

2.1 To place an Order you must be 16 years of age or over.

 

2.2 You may place an Order by filling in the Order Form on the Red Photography Web Site after ordering your account information will be sent to you/

 

2.3 When you place your Order, we will issue you with a Web Order Number. We will do this via the Red Photography Web Site. Please note that such a Web Order Number is supplied for reference purposes only and does not constitute our acceptance of your Order.

 

2.4 By placing an Order, you make an offer to us to purchase the Products you have selected on these terms and conditions. We may or may not accept your offer at our discretion.

 

2.5 If we accept your Order, we will notify you of our acceptance by issuing an Order Confirmation. We will send your Order Confirmation to you by e-mail provided you have indicated an e-mail address on your Order Form. Otherwise we will send the Order Confirmation by post. The Order Confirmation will be effective on sending. If we cannot accept your Order we will attempt to contact you by email or telephone or post.

 

2.6 Whilst we will make every effort to supply you with the Products listed on the Order Confirmation, there may be occasions where we are unable to supply these Products because, for example, (i) such Products are no longer being manufactured or available or if there was a pricing error on the Red Photography Web Site. In the event of a typographical error or technological error causing a mistake in price to be shown, Red Photography reserves the right to correct the error and to charge you the correct price. Before it does so, Red Photography will notify you of the mistake and will offer you the opportunity of a full refund. You will receive a notification with or prior to your delivery. Subject to clause 8.4 below, repayment of such monies will be the extent of our liability to you if we are unable to deliver to you the Products you have ordered.

 

2.7 Information contained in our advertising, brochures, other written materials, on our web sites or given to you constitutes an invitation to treat. No such information constitutes an offer by us to supply any products.

 

3. Supply of Your Products

Subject to these terms and conditions, we will supply to you the Products indicated on your Order Confirmation.

 

4. Prices

4.1 The price for the Products will be the price indicated on your Invoice.

 

4.2 Delivery costs, where applicable, are payable by you as indicated on your Invoice.

 

4.3 There is no VAT chargeable on our products

 

5. Paying for Your Products

5.1 You may pay for your Products by Paypal or Cheque.

 

5.2 You must pay in the currency as indicated on your Invoice.

 

5.3 If you are paying by cheque, a request for payment will be sent to you and your Products will be manufactured and supplied and Services provided after your payment is cleared. If we do not receive payment in cleared funds within 7 days after the date of your Order then your Order will be cancelled.

 

5.4 We will send request for payment, your Invoice, and Products to you at the billing address indicated on your Order Confirmation. We may, however, only send the documents by e-mail where you have indicated an e-mail address on your Order Form.

 

 

6. Delivery of Your Products

6.1 Orders will not be accepted and products will not be delivered to any address outside the mainland United Kingdom, Northern Ireland or the Isle of Man. Orders and deliveries will not be possible for residents in the Channel Islands or the Isle of Wight.

 

6.2 Subject to clause 6.1 we will deliver your Products to the delivery address as shown on your Order Confirmation.

 

6.3 We will use our reasonable endeavours to manufacture your Products within 10 days of the date of issue of your Order Confirmation.

 

6.4 Title to and risk of loss in your Products will pass to you on delivery of the Products to the address stated in your Order Confirmation.

 

6.5 Upon delivery of the Products to our carrier we will send you a confirmation of shipment by e-mail provided you have indicated an e-mail address on the Order Form.

 

6.6 Certain items may ship by post and cannot be tracked once they have entered the postal system. All other shipments use carrier delivery for maximum security and tracking.

 

 

7. Your Rights to Withdraw from the Contract and to Return Faulty Products or Products which are not in Conformity

7.1 Right to withdraw from the contract. If you are not satisfied with any Product or the terms of any entitlement to Services you have purchased from us, you may return the Product to us or cancel the entitlement to Services and obtain a refund of the price of the returned Product or Service entitlement if you contact us within 7 Calendar Days of delivery of the Product or entering into the contract for the purchase of Services.

 

7.2 Exceptions to the right to withdraw from the contract. (i) Products. You may not return a Product and claim a refund if the Product concerned is a Special Order Photographic Prints or a Special Order Canvas Print

 

7.3 Conditions to exercise the right to withdraw from the contract. You can exercise your right to return the Product to us or cancel the entitlement to Services and obtain a refund of the price of the returned Product or Service entitlement provided: (i) You inform us of your decision to cancel the contract within 24 hours of placing your order; and (ii) The Product(s) are returned in their original condition and the security seals on the Product(s) are intact; and (iii) The Product(s) are returned in accordance with the procedure described in paragraph 7.4 below. Please note that while the Product(s) remain in your possession you are under a duty to ensure that the Product(s) are kept safe and secure.

 

7.4 Procedure to follow to claim a refund under your right to withdraw from the contract. (i) Please telephone us on 0775 3754 999 between 09:00 and 17.00 Monday to Friday to make arrangements for return.  (ii) You will subsequently arrange for the Product(s) to be returned via Royal Mail or a carrier nominated by us.  (iii) Before returning any Product(s) to Red Photography please check that you have: 1. Used if possible all packaging that was originally supplied. Unless damaged while being opened, the original Product packaging is most suitable for use for Product returns, and unless damaged while the Product was opened, this packaging should be used. Red Photography reserves the right to reject a returned Product that was damaged because it was improperly packaged during the returns process.  (iv) Following these steps will help ensure the Product(s) arrive at the correct destination and in good condition within a timely fashion. Should you fail to follow this procedure and should the condition of the Product(s) received by Red Photography show that you failed to discharge your obligations to take reasonable care of the Products, your refund will be reduced.

 

7.5 Faulty products or products which are not in conformity. If a Product was supplied in error, is incomplete or faulty and you believe that you are entitled to a replacement or repair in accordance with paragraph 10 below, please telephone us on 0775 375 4999 between 09:00 and 17:00 Monday to Friday.

 

 

8. Our Liability

8.1 These terms and conditions set out the full extent of our obligations and liabilities in respect of the supply of the Products (and performance of telephone support and warranty services) and the performance of any Services.

 

8.2 Save as set out at paragraph 8.3 below, there are no warranties, conditions or other terms that are binding on us regarding the supply of Products or the provision of Services except as expressly stated in the Contract.

 

8.3 If you are not a consumer user: Any warranty, condition or other term arising out of or in connection with the supply of Products and/or the provision of Services which might otherwise be implied into or incorporated in the Contract by statute, common law, laws applicable in the country where you purchased the Products or Services or otherwise (including without limitation any implied term as to quality, fitness for purpose, reasonable care and skill) is hereby expressly excluded to the maximum extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes. If you are a consumer user: Depending on the country in which you reside, there are certain implied warranties and conditions primarily relating to the quality of the Product which Red Photography is required to make, and Red Photography makes these implied warranties and conditions to the extent Red Photography is required to do so. You should contact your local citizen’s advice bureau for more information about these requirements. If these implied warranties and conditions are not required to be made by Red Photography, Red Photography does not make them. In particular, Red Photography will not be responsible for ensuring that the Products are suitable for your purposes unless you have made your purpose for the Product known to Red Photography.

 

8.4 In cases where consumers claim financial compensation under statute, Red Photography will seek to limit compensation to direct damages. If you are not entitled to financial compensation as a consumer under a statutory right, the provisions of clauses 8.5 and 8.6 shall apply. Nothing in the Contract shall limit or exclude our liability (i) for death or personal injury caused by our negligence or (ii) for fraud or (iii) any breach of the obligations implied by applicable compulsory national laws as to title or (iv) any liability which cannot be excluded by law.

 

8.5 Subject to clause 8.4 we will not be liable under the Contract for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.

 

8.6 Subject to clause 8.4 our maximum aggregate liability under the Contract whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) and/or Services in question.

 

8.7 If you are a consumer, you may have statutory rights which may be in addition to the rights set out in these Terms, and information about these statutory rights may be obtained from citizens advice organisations.

 

9. Red Photography

You can contact us:

 

by telephone 0775 3754 999 between 09:00 and 17:00 Monday to Friday;

 

When contacting us you must quote your Web Order Number.

 

 

10. Data Protection

By placing your Order, you agree and understand that we may store, process and use data collected from your Order Form or Telephone Order for the purposes of processing your Order.

 

11. Circumstances beyond our reasonable control

We will make every effort to perform our obligations under the Contract. However, we cannot be held responsible for delays or failure to perform if such delay or failure is caused by any circumstances beyond our reasonable control. In the event of a delay, we will perform our obligations as soon as reasonably possible.

 

12. Disagreements Governing Law and Jurisdiction

We will try to 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 Scotland.

 

13. General

13.1 Neither our failure or your failure to enforce any term of the Contract constitutes a waiver of such term. Such failure shall in no way affect the right later to enforce such term.

 

13.2 The invalidity or un-enforceability of any provision of the Contract shall not adversely affect the validity or enforceability of the remaining provisions.

 

13.3 All photographs are copyrighted and can only be used for personal non-commercial use.

 

 

14. Defined Terms

 

14.1 In these terms and conditions:

"Red Photography Web Site" means our web site for customers in the mainland United Kingdom, Northern Ireland and the Isle of Man the web address of which is http://www.redphotographyprints.co.uk

 

"Contract" means these terms and conditions together with your Order Confirmation;

 

"Consumer" means a customer who purchases Products otherwise than in the course of a business;

 

"Invoice" means the invoice issued by us to you for the price of the Products;

 

"Order" means an order placed by you in accordance with these terms and conditions;

 

"Order Confirmation" means the order confirmation issued by us to you indicating acceptance of your Order;

 

"Order Form" means the electronic order form on the Red Photoraphy Web Site;

 

"Product" means any product listed on the Red Photoraphy Web Site which we agree to supply to you on these terms and conditions and may include Services;

 

"Services" means any chargeable or other services (excluding guarantee and telephone support services) listed on the Red Photoraphy Web Site which we agree to supply to you on these terms and conditions;

 

"Web Order Number" means the order number issued by us to you;

 

"Working Day" means any day other than a Saturday, a Sunday or a public holiday in the United Kingdom.