IMPORTANT NOTICE January 2018
Any orders placed after 12th January 2018 won’t be processed until 5th March. Apologies for any inconvenience this may cause.
Description of Goods or Services
Andy Small Photography (“andysmall.co.uk”) owns and operates this Website. This document governs your relationship with andysmall.co.uk. Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Terms of Sale
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
Greetings cards, mini and small mounted prints and calendars are usually dispatched within three days. Framed prints and larger mounted prints are usually dispatched within one week.
Canvas and glass prints are all made to order. Please allow up to 28 days for delivery.
If a product is required by a certain date please advise by separate email before ordering to see if this will be possible.
Andy Small makes all prints and canvases, during a busy show schedule regrettably some delays may occur.
Generally orders under 2kg in weight will be dispatched via Royal Mail.
Larger orders will be sent via a courier and will require a signature upon delivery.
You will be contacted by email or telephone to agree a suitable day for receiving a delivery by courier. Orders will be shipped when completed and not sent as split shipment.
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In order to contract with andysmall.co.uk you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. andysmall.co.uk retains the right to refuse any request made by you. If your order is accepted we will inform you by email. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
(a) Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
(b) Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.
Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorisation being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
Cancellations, Returns and Refunds
Your legal rights: When you buy goods from a business, in law you have a number of rights as a consumer. These include the right to claim a refund, replacement, repair and/or compensation where the goods are faulty or misdescribed.
We want you to be happy with your purchase. If you’re not, just return the product to us, following the instructions above, and we’ll exchange or refund it to the credit or debit card of the person who originally placed and paid for the order. Please see below for products excluded from this policy.Under Consumer Contracts Regulations 2015, if you buy online or by phone, your consumer rights entitle you to a full refund if you request one in writing within 30 days of receipt. This includes any delivery charge, but excludes the products listed as exceptions below.
Products we’re unable to cancel, refund or exchange
We can’t offer refunds or exchanges, unless faulty or not as described, on the following items:
- All prints on canvas or glass. These products are made to order.
All orders for prints on canvas and glass are subject to a 48-hour cooling off period. During this time it will not be processed and you may cancel your online or telephone order by calling 01256 322600. After this 48 hour period we will begin to make your order and any cancellations after this point will only be refunded to a maximum of 50% of the order value.
Any information that is collected by us will not be forwarded on to any third party.
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and andysmall.co.uk will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of andysmall.co.uk or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by andysmall.co.uk and its licensors.
You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law andysmall.co.uk and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect andysmall.co.uk’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
You agree to indemnify, defend and hold harmless andysmall.co.uk, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
andysmall.co.uk shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and andysmall.co.uk. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of andysmall.co.uk.
Company Details and Customer Service Contact
Andy Small Photography
Tel 01256 322600