Gillman & Soame: Terms & Conditions of Sale

Our registered office is:

Gillman & Soame UK Ltd.,
Units 7 & 8 Chancerygate Business Centre,
Langford Lane,
Kidlington,
Oxfordshire,
OX5 1FQ
England

We can be contacted by e-mail at action@gillmanandsoame.co.uk, or by telephone on 01869 328 200.

Registration number: 04508575
Date incorporated: 12/08/2002
Registered in the United Kingdom

1. Content and Use

1.1 General Information:

The content of our Website is only for your general information and use only. It is subject to change without notice.

1.2 User Responsibility:

Your use of any information or materials on our Website is entirely at your own risk, for which we shall not be liable. It shall be your responsibility to ensure that any products, services, or information available through our Website meet your specific requirements.

1.3 Intellectual Property:

This Website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. It is protected by intellectual property laws including, but not limited to, copyright.

1.4 Restrictions:

You may not download for storage material from our website unless specifically directed to do so by us. The re-distribution, re-publication, or otherwise making available of the material on this Website to third parties is prohibited.

1.5 Unauthorised Use:

Unauthorised use of this Website may give rise to a claim for damages and/or be a criminal offence.

1.6 Linking:

You may not create a link to this Website from another website or document without our prior written consent.

2. General

2.1 Application of Terms:

These Terms & Conditions shall apply to all contracts for the supply of goods by us pursuant to one or more Customer Order.

2.2 Order Confirmation:

Where it is agreed that we shall supply goods, the goods to be supplied, the price payable, and any other special Terms agreed between the parties shall be set out in your Order Confirmation. All Orders shall be subject to these Terms & Conditions.

2.3 Changes and Variations:

No changes or variations to these Terms & Conditions or any Customer Order shall be effective unless confirmed in writing.

3. Purchases

3.1 Your Statutory Rights:

You are encouraged to familiarise yourself with your statutory rights contained within the Sale of Goods Act 1979, Unfair Contract Terms Act 1977, and the Unfair Terms in Consumer Contracts Regulations 1999.

3.2 Purchase Information:

If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase.

3.3 Representation and Warranty:

You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) and that the information you supply to us is true, correct, and complete. You expressly agree that we are not responsible for any loss or damage arising from the submission of false or inaccurate information.

3.4 Information Submission:

By submitting such information, you grant us the right to provide the information to third parties (For example: A Credit Card Merchant Service) for purposes of facilitating the completion of Purchases.

3.5 Order Refusal:

We reserve the right to refuse or cancel your order at any time for certain reasons, including but not limited to product or service availability, errors in the description or price, or other reasons. You expressly agree that we cannot accept any liability for loss or damage arising out of such cancellation.

3.6 Fraud Prevention:

We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.

4. Price and Payment

4.1 Payment Terms:

All products must be paid for in advance of dispatch. Payments can be made using most major Credit Cards. All prices are stated in Pounds Sterling and include VAT; prices are subject to change without notice. The price and any taxes and expenses for the goods and/or services shall be as specified in your order confirmation.

4.2 Receipt Confirmation:

As you shall pay in full for all orders at the point of sale, your order confirmation is also a receipt.

4.3 Additional Goods:

If additional goods or resources are to be provided, such agreement will be reflected in a further order confirmation.

4.4 Order Cancellation:

As our photography products are bespoke, any order cancellation will only be accepted within 24 hours of the order being placed.

4.5 Cancellation Restrictions:

Orders for digital download products cannot be cancelled once the download has been sent.

5. Accounts

5.1 Account Creation:

When you create an account with us, you must provide accurate, complete, and current information.

5.2 Password Security:

You are responsible for safeguarding the password and must notify us immediately upon becoming aware of any breach of security or unauthorised use of your account.

5.3 Username Restrictions:

You may not use as a username the name of another person or entity or that is not lawfully available for use.

5.4 Liability:

We cannot be held liable for any loss or damage arising out of any misrepresentations you make in this regard.

6. Warranty

6.1 Product Assurance:

We assure and guarantee that all goods and materials provided under this Agreement will be devoid of any defects in both material quality and craftsmanship.

6.2 Defective Goods:

Where there is a breach of the warranty contained in this Clause, you may require us to repair or replace the defective goods at our risk and expense. Items repaired or replaced shall be subject to these Terms & Conditions in the same manner as those originally delivered under this Agreement.

7. Delivery

7.1 Delivery Address:

Delivery of the goods shall be made to the address you provide when completing your order.

7.2 In-Transit Period:

Packages can still be classed as 'in transit' for up to 20 working days from the date that it has been dispatched. Therefore, if you have not received your order, please wait 20 working days from the date that you are notified of dispatch before contacting us.

7.3 Customs and Duties:

Any Customs or import duties are charged once the parcel reaches its destination country. These charges must be paid by the recipient of the parcel. Should the parcel be returned handling costs and specific country shipping costs will be applied to resend the order.

7.4 Payment Processing Security:

We use payment processors through a secure encrypted payment handshake when a transaction is submitted. We do not store this payment data.

8. Title, Copyright, and Intellectual Property

8.1 Title Assurance:

Gillman & Soame UK Ltd warrants that it has good title to the goods and that it will transfer such title as it may have in the goods to you.

8.2 Copyright Protection:

In the case of Photographs, full Copyright is retained by Gillman & Soame UK Ltd., and no copies shall be made of such photographs by you.

8.3 Intellectual Property Rights:

All intellectual Property Rights are reserved by Gillman & Soame UK Ltd in respect of all work created by them. These Rights are protected by Copyright. Photographs may not be copied, published or reproduced without our express written permission.

9. Risk

The goods will be and shall remain at our risk until such time as they are delivered to you and are found to be in good condition by you.

10. Inspection of Goods

10.1 Inspection Requirement:

You are required to inspect your goods upon delivery.

10.2 Damaged Goods:

Where goods are damaged, please notify us as soon as possible. You may reject the damaged goods, and specific provisions shall apply.

10.3 Shortages:

Where there are shortages in the order, please notify us as soon as possible.

10.4 Return Procedure:

When goods need to be returned to us, we highly recommend taking your package to the nearest Post Office counter and obtain a "Certificate of Posting."

11. Refunds and Returns

11.1 Final Sale Policy:

Please pay particular attention to the detailed product descriptions, including dimensions, frames, and output finish, for all our products. Given the bespoke nature of photography production and printing, it's crucial to understand that we produce our photographs at your request and in line with your specifications at the time of the order. Therefore, once a sale is made, it is deemed final.

11.2 No Returns for Digital Products:

Orders for digital products cannot be refunded once the download has been sent. No refund or return is available on Images on USB or email products.

11.3 Timeframe for Returns:

You have 14 days to return any item(s) not excluded by points 11.1 and 11.2 above.

Return Address:

Gillman & Soame UK Ltd.,
Units 7 & 8 Chancerygate Business Centre,
Langford Lane,
Kidlington,
Oxfordshire,
OX5 1FQ
England

Include a copy of your invoice and note why you are returning the goods. Unwanted items may incur a handling charge.

11.4 Damaged or Faulty Goods:

You MUST notify us of damaged or faulty goods within 14 days of receipt. Please contact us either by emailing action@gillmanandsoame.co.uk or by telephoning Customer Services on 01869 328200. Depending on the circumstances, we may either ask you to return the item or send us a photograph of the damaged item before you dispose of it. Our team will arrange to send a replacement without delay as soon as we have received the required information from you.

11.5 Incorrect Photographs:

If you receive an incorrect photograph, i.e. we have sent you one or more items which you didn't order, you must notify us upon receipt. We will process the correct item to you at no extra charge. If you have received the wrong item because you placed an order for one or more incorrect items, please refer to points 11.1 and 11.2 above.

12. Complaints

Complaints must be made directly to us within 3 working days of receipt of goods. All complaints should be sent via email to action@gillmanandsoame.co.uk

13. Jurisdiction and Acceptance of these Terms & Conditions

13.1 Jurisdiction:

This Website is controlled and operated by us from our offices in the United Kingdom. The formation, existence, construction, performance, validity in all aspects whatsoever of these Terms & Conditions or of any term of these Terms & Conditions or any dispute in relation to the materials contained in this Website shall be governed by UK law.

13.2 Acceptance:

Your continued use of this Website indicates your acceptance of these Terms & Conditions.

14. Liability

14.1 Compatibility Assurance:

We do not guarantee that use of this Website will be compatible with all hardware and software.

14.2 Limitation of Liability:

Except as set out in clause 14.3, we will be under no liability to you whatsoever for any injury, death, damage, or direct, indirect, or consequential loss.

14.3 Exceptions:

These Terms & Conditions do not exclude our liability to you for personal injury or death resulting from our negligence, for fraud or for any matter which it would be illegal for us to exclude or to attempt to exclude our liability.

14.4 Information Accuracy:

We cannot and do not guarantee the accuracy or completeness of any information on our website.

14.5 Terms Enforcement:

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

14.6 Maximum Liability:

In the event that a court deems us liable, our total liability shall be restricted to £250 for any single incident or a connected series of incidents, and a maximum of £1,000 for all incidents within any 12-month period. i.e. if the company is found liable for a particular incident (or a closely related series of incidents), the maximum amount they would be liable for is £250. Even if there are multiple incidents over a 12-month period, the total liability of the company for all these incidents combined would not exceed £1,000.

15. Website Changes or Termination

15.1 Modification Rights:

We reserve the right to modify or replace any of our Terms at any time. What constitutes a material change will be determined at our sole discretion.

15.2 User Agreement:

By continuing to access or use our service after those revisions become effective, you agree to be bound by the revised Terms.

15.3 Operational Changes:

We may suspend or terminate the operation of this Website or suspend or terminate provision of any products or services offered, for support, maintenance work, or for any other reason. We may do this at any time and without notice.

16. Entire Agreement

These Purchase Terms form the entire agreement between you and Gillman & Soame UK Ltd and supersede any other oral or written communications, agreements, or representations with respect to your use of this Service.