TERMS AND CONDITIONS
1. INFORMATION ABOUT US This site is operated by and the goods you purchase will be supplied by Kevin Cowell Photography and Gallery ("we"). Our main trading address is The Gallery, 90 Belgrave Road, Torquay, TQW2 5HZ. We are currently not VAT registered. You can contact us by e-mail at firstname.lastname@example.org, by telephone on 01803 214222. Or write to us at The Gallery, 90 Belgrave Road, Torquay, Devon, TQ2 5HZ.
2. YOUR PERSONAL INFORMATION
You may place an order to purchase goods advertised for sale on this site by following the on-screen prompts after clicking on the item you wish to purchase. You will have an opportunity to check and correct any input errors in your order up until the point at which you place your order by clicking the "Order with obligation to pay" button on the checkout page. If you submit an order for goods via this site by clicking the ['Order with obligation to pay'] button, your order is an offer to us to buy the goods you have ordered on this site.
We will acknowledge receipt of your order by sending you an automatically generated e-mail accepting your order. With this e-mail the contract will be concluded.
If the details in the e-mail confirming your order are not correct, or if you are not satisfied with the details in the e-mail, please contact us at email@example.com.
The contractual language is English.
Where we accept your order, we have a legal duty to supply goods that are in conformity with these Terms and Conditions.
4. PRICE AND DELIVERY COSTS
Information displayed on this site relating to pricing is subject to change by us without notice,
Occasionally, an error may occur and goods may be incorrectly priced in which circumstances we will not be obliged to supply the goods at the incorrect price or at all. We will (at our discretion) either cancel your order and refund the price you have paid or use reasonable endeavours to contact you and ask you whether you wish to continue with the order at the correct price. If we are unable to contact you or you do not wish to continue with the order at the correct price, we will cancel your order and refund the price you have paid. However, where the correct price of the goods is less than our stated price, we may (at our discretion) continue with your order and charge the lower amount on dispatch.
Unless stated otherwise, all prices include VAT (where applicable) but exclude delivery costs. Delivery costs can be looked up here [link to listing of shipping costs]). They will be notified to you separately before you submit your order and will be confirmed to you by e-mail.
5. AVAILABILITY AND DELIVERY
Information displayed on this site relating to availability is subject to change by us without notice. We cannot guarantee permanent or continuous availability of all products on this site. All orders are subject to availability at all times.
We deliver within the United Kingdom only.
We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order on this site.
Delivery will be made according to the information on the product pages after your order is accepted.
We will use reasonable endeavours to deliver the goods on any specified date we agree, or if no date is specified, within 30 days after the day on which we accept your order. In the case of unforeseen circumstances beyond our reasonable control (for example, adverse weather conditions, unpredictable delays caused by traffic congestion, road works, diversions or mechanical breakdowns, in each case to the extent beyond our reasonable control) we may not be able to deliver the goods within these timescales and we will not be liable for any delay or failure to deliver the goods if the delay or failure is wholly or partly caused by such circumstances. In the event that a delivery does not take place, we and you will agree an alternative delivery date.
We are also not responsible for any delay in delivery caused by the unavailability of someone to take delivery of the products. It is your responsibility to contact the post office or courier company as applicable to arrange the collection or delivery of products that could not be de-livered because you were unavailable.
We must receive payment in advance before your order can be processed and the goods can be dispatched, unless we have agreed otherwise in advance in writing. Payment for goods can be made by one of the following payment methods:
PayPal Credit card. Your credit card will be charged following the submission of your order
Debit card. Your account will be charged following the submission of your order.
7. RIGHT TO CANCEL
Right to cancel
You have the right to cancel your order without having to give a reason at any time before your goods are dispatched or within 14 days after delivery, such 14 day period beginning on the day after you receive the goods. Where your order comprises multiple delivery shipments, the 14 day cancellation period for the goods in your order begins on the day after you receive the delivery of the last shipment to you. [If the order contains goods consisting of multiple lots or pieces delivered on different days OR is an order for the regular delivery of goods during a defined period of more than one day, the cancellation period will run from a different point – see section 5.]
To exercise your right to cancel, you must inform us of your decision to cancel by phone, mail, or e-mail using the contact details set out above. If you are cancelling because of any problem with the goods, please notify us of the problem at the time of cancellation.
Cancellation consequences You must send the goods back to us to The Gallery, 90 Belgrave Road, Torquay, Devon, TQ2 5HZ at your own cost (unless we delivered the item to you in error or the item is damaged or defective) without undue delay and in any event within 14 days after the day of the cancellation.
You will not have any right to cancel a purchase for the supply of any of the following goods
the supply of goods that are made to your specifications or are clearly personalised
the supply of goods which are liable to deteriorate or expire rapidly
the supply of a newspaper, periodical or magazine with the exception of subscription
contracts for the supply of such publications
in the case of a contract for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery
in the case of a contract for the supply of sealed audio or sealed video recordings or sealed computer software, if the goods become unsealed after delivery
if the goods become mixed inseparably (according to their nature) with other items after delivery
8. REFUNDS POLICY
Following cancellation, we will refund you the price paid for the cancelled order (or part of the order cancelled), less any collection or return charges (if any). We will also refund any standard delivery charges paid, or an amount equal to those charges if you elect to use a more expensive delivery method. We will pay the refund within 14 days after the day:
you notified us to cancel your order, where you have not received the goods (and the goods have not been dispatched to you) or where we have agreed to collect the goods; or,
we receive the goods you returned to us, where you are in receipt of the goods; or
you provide us with a proof of return for the goods, where you have returned the goods but we have not yet received them.
We will refund you using the same means of payment as you used to pay for your order. We reserve the right to make a deduction from the amount of the refund for loss in value of the goods returned where the goods show signs of unreasonable use; for these purposes, unreasonable use means handling the goods beyond what is necessary to establish the nature, characteristics and functioning of the goods, in particular if it goes beyond the sort of handling that might reasonably be allowed in a shop. We may withhold any refund until we have received the goods or you have supplied proof of return for the goods. Without limiting your cancellation rights in Clause 7, if you are not satisfied with a product for any reason e.g. if it is not what you ordered, it is damaged or defective, or we have delivered an incorrect quantity, please return the product to us. Once we have confirmed the product defect or other problem, we will:
provide a full refund for any product that is not what you ordered;
provide a full refund for any goods that are damaged or defective, if this is within a reasonable time following the sale; or
at your option, repair or replace the goods at our cost (including the cost of postage), unless this would not be possible or would be disproportionately costly in the circumstances, in which case we will refund to you the amount paid for the goods in question
We will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for defective goods.
9. CANCELLATION BY US
We reserve the right to cancel the contract between us if, for example:
we have insufficient stock to deliver the goods you have ordered;
we do not deliver to your area; or
one or more of the goods you ordered was listed at an incorrect price.
If we do cancel your contract we will notify you by e-mail and will recredit to your account any sum deducted by us from your credit or debit card as soon as possible.
10. TITLE AND RISK
You will become the owner of the goods you have ordered when they have been delivered to you and we have received clear funds in full payment for the goods. Once goods have been delivered to you or a person nominated by you they will be held at your own risk and you will be responsible for them.
To the extent not prohibited by law, we accept no liability for any:
loss which is not foreseeable (loss is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you and we entered into our contract);
loss which arises when we are not at fault or in breach of these Terms and Conditions; and
business loss (which includes loss of profits, loss of business, contracts, goodwill, business opportunity and other similar losses, as well as business interruption)
Nothing in these terms will affect any liability we may have:
(a) for fraudulent misrepresentation;
(b) for death or personal injury arising from our negligence:
(c) under Part I of the Consumer Protection Act 1987;
(d) for breach of any condition as to title or quiet enjoyment of or in relation to any goods supplied by us; or
(e) in relation to any other liability, including any liabilities under sale of goods or supply of services legislation, that may not by applicable law be excluded or limited.
12. EVENTS BEYOND OUR CONTROL
We will have no liability to you for any delay in delivering goods you have ordered that is caused by any event or circumstance beyond our reasonable control (including, without limitation, accidents, extreme weather conditions, fire, explosion, flood, storm, earthquake, natural disaster, failure of telecommunications networks, inability to use transport networks, acts of God, terrorist attack, war, civil commotion, riots, strikes, lockouts and other industrial disputes, acts or restraints of Government, and imposition of restrictions on imports or exports).
If any provision of these Terms and Conditions is found to be invalid, illegal or unenforceable, the validity, legality or enforceability of any other part of these Terms and Conditions and the remainder of the provision in question will not be affected.
No person other than you and us shall have any rights to enforce our agreement, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
If we fail to insist that you perform any of your obligations under our agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
You may not assign or transfer your rights or obligations under our agreement, unless we agree in writing.
We may update, vary and amend these Terms and Conditions from time to time without prior notice. Each time you order or otherwise purchase any goods from us, the Terms and Conditions in force at that time will apply (as set out on this site). Please check this site to ensure that you understand which Terms and Conditions apply.
14. LAW AND JURISDICTION
These terms are governed by English law. Any contract for the purchase of goods from this site and any dispute or claim arising out of or in connection with any such contract will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident in Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident in Scotland you may also bring proceedings in Scotland.