THESE ARE THE TERMS AND CONDITIONS OF FOTOFIX

Address : Fotofix, The Green, Little Addington, Northamptonshire NN14 4BB.
Telephone: 0870 4321013
VAT registration number: 336010110.

These terms will apply to all your purchases of Goods, whether you are ordering online, by telephone or by mail. Please read this document carefully after downloading it (if you are using the Internet) or printing it before placing your order.
We may change these terms from time to time. Please check them before you make another purchase.

GENERAL

“You” means the Consumer submitting an order for Goods;

“Goods” means the items to be supplied under these conditions;

“Party” means either you or us; “Parties” means you and us;

"Writing" means letter, fax or email.

The contract for supply of Goods (“Contract”) will be formed when you accept our offer to supply goods or we accept your order. Acceptance of an order by us can only be made in Writing. Once the Contract has been formed with you we will file it in electronic or paper copy for our records.

In deciding whether to accept your order we may carry out a credit check and then will only accept your order if we are satisfied with the results of such check. You confirm that you are happy for us to carry out such checks.

Errors in any web pages or site, sales literature, order form, price list, order acknowledgement, despatch note, invoice or other document issued by us may be corrected by us without liability.

By accepting the Contract you are confirming that you are happy with our terms and conditions.

The provisions of the Contracts (Rights of Third Parties) Act 1999 are expressly excluded from the Contract so that no third party may claim any rights under this contract.

WARRANTY

If the Goods which you purchase from us are faulty or do not do what we say in writing that they will do, you should notify us in writing within 14 days of delivery. We will examine the Goods and, if the Goods are faulty, will at our option, replace the defective Goods or refund the price of the defective Goods

The warranty in above does not apply to faults which been caused by your mis-use and or neglect of the Goods or by accidents caused while the Goods are in your possession.

Where you return Goods under the above condition we will pay for the delivery of any replacement Goods to you and will, where you have returned Goods to us within 14 days of delivery, reimburse your reasonable postage costs in returning the Goods. We will not be liable for any delivery costs where you are not entitled to return the Goods to us under these conditions or by law.

You must return all Goods to us in their original packaging in the same condition as you bought them and you should ensure that all returned Goods bear a return identification number clearly visible on the exterior (such number must be obtained from us prior to return of the Goods by you).

LIMITATION OF LIABILITY

We will not be liable to you by way of representation (unless fraudulent), common law duty or under any express or implied term of the contract for:

Any losses which are not foreseeable by both Parties when the Contact is formed arising in connection with the supply of Goods or their use by you;

Our total liability for any claim whatsoever shall not exceed the price of the goods supplied to the customer. We shall not be liable for any consequential loss whether this arises from a breach of duty in contract or in any other way.

PRICE

The price for the Goods is stated on our quotation or order acknowledgement (as appropriate).
All prices are in £ sterling, are inclusive of VAT, delivery and the cost of packaging. We have not included transit insurance in our prices and would be happy to quote you for this service.

We may vary the price where the cost to us of acquiring or supplying the Goods is increased between the date of quotation or order acknowledgement (as appropriate) and delivery and including, without limitation, increases in the cost of packaging or carriage, arising from a change in exchange rate, a change in delivery date, quantities or specifications for Goods requested by you or delay caused by your instructions PROVIDED THAT we will notify you in writing in good time prior to delivery of such price increases and you may cancel your order within 3 working days of this notice if you are unhappy with the price increases.

PAYMENT

Unless we agree otherwise in Writing, you must pay for Goods prior to their despatch to you by such means as we may notify you of. Payment by cheque is deemed to have been made only upon such cheque being met on first presentation.

DELIVERY

We will deliver the Goods to the place designated by you in the UK in the accepted order or quotation, as appropriate, during normal business hours.

Unless otherwise expressly agreed in writing, any delivery date or time specified by us in any quotation, despatch note or otherwise is a best estimate only and we will not be liable to you for any loss or damage sustained by you if we fail to meet that time scale because of circumstances beyond our reasonable control. We will do our best to despatch your ordered goods as soon as possible, however due to the nature of our goods mostly being hand made to order please allow up to 28 days for delivery.

RISK AND TITLE

Ownership of the Goods and the risk for damage to the Goods will pass to you upon delivery.

If you fail to pay for any Goods in accordance with these conditions we may bring action against you for the price of the Goods at any time.

DAMAGE OR LOSS IN TRANSIT

We shall repair or replace, free of charge any Goods damaged or lost in transit where delivery has been made by our carrier, provided that you give us written notification of such damage or loss within 7 days of the date of our invoice (so that we may comply with our carrier’s conditions of carriage). Please inspect your parcel before signing for your delivery and if damage to packaging and or goods is evident make sure you write ‘packaging and or goods damaged’ on the delivery note.

SPECIFICATION

Where we have put photographs, illustrations, dimensions and the like in sales literature, on web pages or other documentation, we believe they are accurate. However, you should not take them to be a description of the Goods or representations made by us and we do not warrant that they are accurate.

The specification for Goods may be changed by the manufacturer at any time up to delivery. We will not be liable for any loss or damage suffered in connection with any change. We will use our reasonable endeavours to advise you of any such impending variation as soon as we are able or upon our receiving notice of the same (as appropriate).

YOUR RIGHT OF CANCELLATION

Under the United Kingdom’s Distance Selling Regulations, you have the right to cancel the Contract for the purchase of any of the Goods within 7 working days of delivery. A working day is any day other than weekends and bank or other public holidays. We will be happy to exchange the Goods or provide you with a full refund provided that, where delivery has taken place, you have returned the Goods to us in the same condition that they were delivered. This right of return is in addition to any other rights, warranties or conditions available to you.


If you exercise your right of cancellation after the Goods have been delivered to you, please call our support department on

0870 4321013 and obtain a returns number. We would then ask you to package the goods securely in the original packaging. Please record the returns number on a label attached to the outer packaging ie. please do not write on or damage the box. The return address is:

For your protection, we recommend that you use a recorded delivery service. Please note that you will be responsible for the costs of returning the Goods to us unless we delivered the items to you in error or the Goods are faulty. If you do not return the Goods as required, we may charge you a sum not exceeding the direct costs of recovering the Goods.

RETURNS OF MADE TO ORDER

We can only accept returns of , "Made to Order" if they are found to be faulty.

DELAY OR FAILURE TO PERFORM

We shall not be liable to you if we are prevented or delayed in the performing of any of obligations to you if this is due to any cause beyond our reasonable control including: an act of God, explosion, flood, fire or accident; war or civil disturbance; strike, industrial action or stoppages of work; any form of government intervention; a third party act or omission; failure by you to give us a correct delivery address or notify us of any change of address.

ASSIGNMENT

We may freely assign, sub-contract or otherwise transfer in whole or in part the Contract PROVIDED THAT the quality of Goods supplied to you is not affected. You may not however do so without our written agreement.

GOVERNING LAW

The Contract is governed by the laws of England and the English courts shall have the non-exclusive jurisdiction to resolve any disputes arising out of or under it.

No waiver by us of any breach of the Contract by you is considered as a waiver of any subsequent breach of the same or any other provision.

COPYRIGHT AND TRADEMARKS

© Fotofix - all Fotofix images are protected by copyright and intellectual property rights. All copyright, trademarks, designs and registrations are acknowledged as belonging to their respective owners and companies. Images may not be copied, reproduced or published in anyway electronic or otherwise without the written permission of Fotofix.