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This page tells you information about us and the legal terms and conditions (terms) on which we sell any of the products listed on our website (our site) to you.
These terms will apply to any contract between us for the sale of products to you (contract). Please read these terms carefully and make sure that you understand them, before ordering any products from our site. Please note that before placing an order you will be asked to agree to these terms. If you refuse to accept these terms, you will not be able to order any products from our site.
We amend these terms from time to time as set out in clause 7. Every time you wish to order products, please check these terms to ensure you understand the terms which will apply at that time. These terms were most recently updated on [l].
These terms, and any contract between us, are only in the English language.
INFORMATION ABOUT US
We operate our site www.com. We are Rachel Persaud t/a RP Automotive Photography with our office and trading address at Chew Hill Holt, Chew Hill, Chew Magna, Bristol, BS40 8SA.
How to contact us. You can contact us by telephoning 07714 676196 or by writing to us at rachel@rpautomotivephotography.com or Chew Hill Holt, Chew Hill, Chew Magna, Bristol, BS40 8SA.
How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
Writing includes emails. When we use the words writing or written in these terms, this includes emails.
Our Products
Products may vary slightly from their pictures. The images of the products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflect the colour of the products. Your products may vary slightly from those images. Although we have made every effort to be as accurate as possible, all sizes, dimensions and measurements indicated on our site have a 2% tolerance.
Product packaging may vary. The packaging of the products may vary from that shown on images on our site.
If you are a consumer
This clause 3 only applies if you are a consumer.
If you are a consumer, you may only purchase products from our site if you are at least 16 years old.
If you are a business customer
This clause 4 only applies if you are a business customer.
If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase products.
These constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
You acknowledge that in entering into this contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms.
You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this contract.
Our contract with you
How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
We only sell to the UK. Our site is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from or deliver to addresses outside the UK.
Your rights to make changes
This clause 6 only applies if you are a consumer.
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 10 – Your rights to end the contract).
Our rights to make changes
Minor changes to the products. We may change the product:
to reflect changes in relevant laws and regulatory requirements; and
to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product.
More significant changes to the products and these terms. In addition, as we informed you in the description of the product on our site, we may make the following changes to these terms or the products, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received:
Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.
Updates to these terms. We may revise these terms as they apply to your order from time to time to reflect changes in relevant laws and regulatory requirements.
Providing the products
Delivery costs. The costs of delivery will be as displayed to you on our site.
When we will provide the products.
If the products are goods. If the products are goods, you will need to complete an enquiry form via a link on our site in order that you and we may agree a delivery date and we may confirm the costs of delivery that you will need to pay before the products are dispatched. Our aim is to dispatch the goods to you as soon as reasonably possible and in any event within 5 working days after the day on which we accept your order.
If the product is a one-off purchase of digital content. We will make the digital content available for download by you as soon as we accept your order.
We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
If you are not at home when the product is delivered. If the products are goods, we will arrange delivery of the products by post. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, you will need to rearrange delivery or collect the products from a local depot (as necessary).
If you do not re-arrange delivery. If the products are goods and if, after a failed delivery to you, you do not re-arrange delivery or collect them from a local depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 12.2 will apply.
When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us.
When you own goods. You own a product which is goods once we have received payment in full.
What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, your contact details. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
deal with technical problems or make minor technical changes;
update the product to reflect changes in relevant laws and regulatory requirements;
make changes to the product as requested by you or notified by us to you (see clause 7).
Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 28 days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 4), we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products.
Your use of our site and the Proudcts
You agree that you will not:
print, save, forward, copy, alter, reproduce or manipulate any images and text presently or previously displayed on our site nor will you do so with the products you purchase;
download or archive the entire collection or any part of our site;
redistribute images to form part or all of the content of another image library;
use our products to promote or endorse: suffering; terrorism; inhumane acts of any kind; the pursuit of cruel sports which involve the suffering of animals; or be used in any pornographic publications of any kind/format.
If you are a business customer, agree that:
you are permitted to print from the digital content for media or advertising purposes, however printing in any format for resale is strictly prohibited;
when images are used in connection with internet media, a link to our site shall be included and when images are used in printed material or non internet-connected electronic media, a credit to our site and Rachel Persaud shall be included;
when digital content is used in other forms of digital and video media, a credit to our site and Rachel Persaud shall be included at the end or start of the product/presentation/film;
when digital content is used online, a credit to our site and Rachel Persaud shall be included.
Your rights to end the contract
This clause 10 only applies if you are a consumer.
You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see clause 13;
If you want to end the contract because of something we have done or have told you we are going to do, see clause 2;
If you have just changed your mind about the product, see clause 3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions.
Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at clause 2.1 to clause 10.2.5 below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 2);
we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
there is a risk that supply of the products may be significantly delayed because of events outside our control;
we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 28 days; or
you have a legal right to end the contract because of something we have done wrong.
Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:
digital content after you have started to download them; and
a product which is goods that are made to your specifications or are clearly personalised.
How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.
Have you bought digital content for download (for example, a photograph)? if so, you have 14 days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.
Have you bought goods (for example, a print)?, if so you have 14 days after the day you (or someone you nominate) receives the goods, unless:
Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.
Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods or digital content is completed when the product is delivered, downloaded and paid for. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
How to end the contract with us (including if you have changed your mind)
This clause 11 only applies if you are a consumer.
Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
Phone or email. Contact us by telephoning 07714 676196 or in writing at rachel@rpautomotivephotography.com or. Please provide your name, home address, details of the order and, where available, your phone number and email address.
By post. Simply write to us at Chew Hill Holt, Chew Hill, Chew Magna, Bristol, BS40 8SA, including details of what you bought, when you ordered or received it and your name and address.
Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must return the goods by posting them back to us at Chew Hill Holt, Chew Hill, Chew Magna, Bristol, BS40 8SA. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
When we will pay the costs of return. We will pay the costs of return:
if the products are faulty or misdescribed;
if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 5 working days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
If the products are goods, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 11.2.
In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
Our rights to end the contract
We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, your contact details; or
you do not, within a reasonable time, allow us to deliver the products to you.
You must compensate us if you break the contract. If we end the contract in the situations set out in clause 1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
If there is a problem with the product
How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can contact us by telephoning 07714 676196 or in writing at rachel@rpautomotivephotography.com or Chew Hill Holt, Chew Hill, Chew Magna, Bristol, BS40 8SA.
This clause 13.2 only applies if you are a consumer.
Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your product is goods, for example a print, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
· up to 30 days: if your goods are faulty, then you can get an immediate refund.
· up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
· up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
If your product is digital content, for example downloading high resolution photographs, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
· if your digital content is faulty, you are entitled to a repair or a replacement;
· if the fault cannot be fixed, or if it has not been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back; and/or
· if you can show the fault has damaged your device and we have not used reasonable care and skill, you may be entitled to a repair or compensation.
Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must post them back to us. We will pay the costs of postage or collection. Please contact us by telephoning 07714 676196 or in writing at rachel@rpautomotivephotography.com or Chew Hill Holt, Chew Hill, Chew Magna, Bristol, BS40 8SA.
Price and payment
Where to find the price for the product. The price of the product (which includes VAT, as applicable) will be the price indicated on the order pages when you placed your order. We use our best efforts to ensure that the price of the product advised to you is correct. However please see clause 3 for what happens if we discover an error in the price of the product you order.
We will pass on changes in the rate of VAT. If we charge VAT, and the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any digital content provided to you.
When you must pay and how you must pay. We accept payment by Paypal. When you must pay depends on what product you are buying:
For goods, you must pay for the products and delivery charges before we dispatch them.
For digital content, you must pay for the products before you download them.
We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know and we will attempt to resolve the issue.
Our responsibility for loss or damage suffered by you
This clause 15 only applies if you are a consumer.
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 2; and for defective products under the Consumer Protection Act 1987.
When we are liable for damage to your property. If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
We are not liable for business losses. We only supply the products to consumers for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Our responsibility for loss or damage suffered by you
This clause 16 only applies if you are a business customer.
We only supply the products for internal use by your business, and you agree not to use the product for any resale purposes.
Nothing in these terms limits or excludes our liability for:
death or personal injury caused by our negligence;
fraud or fraudulent misrepresentation;
breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
defective products under the Consumer Protection Act 1987.
Subject to clause 2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the contract for:
any loss of profits, sales, business, or revenue;
loss or corruption of data, information or software;
loss of business opportunity;
loss of anticipated savings;
loss of goodwill; or
any indirect or consequential loss.
Subject to clause 2, our total liability to you in respect of all losses arising under or in connection with the contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the price of the products.
Except as expressly stated in these terms, we do not give any representation, warranties or undertakings in relation to the products. Any representation, condition or warranty which might be implied or incorporated into these terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the products are suitable for your purposes.
How we may use your personal information
How we will use your personal information. We will use the personal information you provide to us:
to supply the products to you; and
to process your payment for the products.
We will only give your personal information to third parties where the law either requires or allows us to do so.
Other important terms
We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us by telephoning 07714 676196.
You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
Which laws apply to this contract and where you may bring legal proceedings.
If you are a consumer, these terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
If you are a business customer, these terms, a contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law and we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a contract or its subject matter or formation (including non-contractual disputes or claims).
