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| Conditions of Use |
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1. Format of the Contract
1.1 These terms of sale apply to all goods supplied by My Photo Frame, a division of Calash Investments Limited, registered in England and Wales No. 4623835, registered address 82 Poulton Street, Preston, PR4 2AH (the "Seller").
1.2 An acknowledgement of your order will be sent to you via e-mail when you place your
order, but acceptance of your offer to buy the goods will not take place until after your payment is taken and you
receive your acceptance e-mail. It is at this point that a binding legal contract is created and any contract is
subject to these Terms and Conditions.
1.3 The contract is subject to your right of cancellation (see below).
1.4 The Seller may change these terms of sale without notice to you in relation to future sales.
2. Description and price of the goods
2.1 Subject to clause 2.3, the description and price of the goods you order will be as shown on the Sellers website at the time you place
your order.
2.2 The goods are subject to availability. If on receipt of your order the goods you have ordered are not available in stock, the Seller will inform you as soon as possible and refund or re-credit you for any sum that has been paid by
you or debited from your credit card for the goods.
2.3 Every effort is made to ensure that prices shown on the Sellers website are accurate at the time you place your order. If an error is found, the Seller will inform you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order. If the Seller does not receive an order confirmation within 14 days of informing you of the error, the order may at the discretion of the Seller be cancelled. If you cancel in response to an e-mail requesting confirmation, the Seller will refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods which have been properly cancelled.
2.4 In addition to the price, you may be required to pay a delivery charge for the goods.
3. Payment
3.1 Payment for the goods and delivery charges can be made by any method shown on the Sellers website at the time you place your order.
3.2 There will be no delivery until cleared funds are received.
3.3 Payments shall be made by you without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise.
4. Delivery
4.1 The goods you order will be delivered to the address you give when you place your order.
4.2 No deliveries will be made outside of the United Kingdom.
4.3 If delivery cannot be made to your address for reasons under the Sellers control within a reasonable period of time, the Seller will inform you as soon as possible and refund or re-credit you for any sum that has been paid by you or debited from your credit card for delivery.
4.4 If you deliberately fail to take delivery of the goods (otherwise than by reason of circumstances under control of the Seller) then without prejudice to any other right or remedy available to the Seller , the Seller may:
4.4.1 store the goods until actual delivery and charge you for reasonable costs (including insurance) of storage; or
4.4.2 sell the goods at the best readily obtainable price and (after deducting all reasonable storage and selling expenses) account to you for any excess over the price you agreed to pay for the goods or charge you for any shortfall below the price you agreed to pay for the goods.
4.5 If you fail to take delivery because you have cancelled your contract under the Distance Selling Regulations the Seller shall refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods, less any expenses incurred for failed delivery.
4.6 Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, the Seller will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case, the Seller will inform you as soon as possible.
4.7 Time for delivery shall not be of the essence. The goods may be delivered by the Seller in advance of the quoted delivery date.
5 Risk/Title
5.1 The goods are at your risk from the time of delivery
5.2 Ownership of the goods shall not pass to you until the Seller has received in full (in cash or cleared funds) all sums due to it in respect of:
5.2.1 the goods, and
5.2.2 all other sums which are or which become due to the Seller from you on any account.
5.3 The Seller shall be entitled to recover payment for the goods notwithstanding that ownership of any of the goods has not passed from the Seller.
6. Your right of cancellation
6.1 You have the right to cancel the contract at any time up to the end of 7 working days after you receive the goods (see below).
6.2 To exercise your right of cancellation, you must give written notice to the Seller by letter or email, giving details of the goods ordered and (where appropriate) their delivery. Notification by phone is not sufficient.
6.3 If you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to the Seller at your own cost. The goods must be returned to the address shown on the invoice. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit.
6.4 Once you have notified the Seller that you are cancelling the contract in accordance with this Clause 6, the Seller will refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods, less any expenses relating to failed delivery (if applicable), provided the goods have been returned to the Seller in good saleable condition.
6.5 For the avoidance of doubt, the Seller shall not be required to refund or re-credit you for any sum that has been paid by you or debited from your credit card for delivery expenses incurred by the Seller, or for delivery expenses incurred by you.
6.6 If you do not return the goods as required, the Seller may charge you a sum not exceeding the direct costs of recovering the goods.
7. Warranty
7.1 All goods (excluding those listed under the Clearance Corner section of the wesbite) supplied by the Seller are warranted free from defects. This warranty does not affect your statutory rights as a consumer.
7.2 This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than as recommended by the Seller, failure to follow the Sellers instructions, or any alteration or repair carried out without the Sellers approval.
7.3 If the goods (excluding those listed under the Clearance Corner section of the website) supplied to you are damaged on delivery, no liability in relation to the goods will be borne by the Seller unless you notify the Seller in writing via our e-mail address within 7 days describing the damage.
7.4 Goods listed under the Clearance Corner section of the wesbite do not carry a warranty.
8. Limitation of Liability
8.1 The Sellers total liability in contract, tort (including negligence), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this agreement shall be limited to the price paid by you for the goods.
8.2 Nothing in these conditions excludes or limits the liability of the Seller for death or personal injury caused by the Sellers negligence or fraudulent misrepresentation.
8.3 If you are a business customer the Seller shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement.
9. Data Protection
The Seller will take all reasonable precautions to keep the details of your order and payment secure but the Seller will not be liable for unauthorised access to information supplied by you. The Seller may transfer your name and address for the purposes of its business now or in the future to any group company or third party purchaser of the Company.
11. Applicable Law
These terms of sale and the supply of the goods will be subject to English law and you agree that the English courts will have exclusive jurisdiction in respect of any dispute arising from the contract or your use of this site.
12. Images
Product images are for illustrative purposes only
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