Johnbirchphoto is the trading name of John C Birch Ltd a company registered in England and Wales
Registered number: 07644582
Registered offices: The Old Dairy, KIRKBY STEPHEN, Cumbria CA17 4EU
TERMS AND CONDITIONS FOR THE SUPPLY OF FINE ART PRINTS AND OTHER GOODS
Purchase Terms and Conditions
1. Important Legal Notice
This page (together with the documents referred to on it) tells you the terms and conditions on which We sell any of the products (Products) listed on our website www.johnbirchphoto.com (our site) to you. Please read these terms and conditions carefully before ordering any Products from our site.
You should print a copy of these terms and conditions for future reference.
2. Information About Us
www.johnbirchphoto.com is a site operated by John C Birch Ltd. (“We”) We are registered in England and Wales under company number 7644582 and with our registered office at The Old Dairy, North Stainmore, KIRKBY STEPHEN CA71 4EU. Our UK VAT number is 118 8196 90. Our email address is: email@example.com.
3. Service Availability
We only accept automated orders from individuals in the UK. Customers from outside the UK are requested to make contact using any of the means described below in order to place an order.
Some restrictions are placed on the extent to which We accept orders from specific countries. These restrictions can be found on our delivery page. Delivery Details.
All statutory consumer rights referred to in this agreement and our Returns Policy apply only to consumers who are domiciled in the UK or the EEA at the time of contracting with us.
4. Your Status
By placing an automated order through our site, you warrant that:
· you are legally capable of entering into binding contracts;
· you are at least 18 years old; and,
· you are resident in the United Kingdom.
5. How The Contract Is Formed Between You And Us
After placing an order, you will receive an e-mail from us acknowledging that We have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to availability and acceptance by us, and We will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the "Dispatch Confirmation"). The contract between us ("Contract") will only be formed when We send you the Dispatch Confirmation.
We will not process your order until payment has been received in full in accordance with the provisions of clause 7.
If you make a mistake with your order, you may be able to correct any mistakes made by email prior to your order being processed. If your order has already been processed you will be unable to amend your order. If your order has already been dispatched, please return the Products to us in accordance with our Returns Policy.
The Contract will relate only to those Products whose dispatch We have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
We are entitled to refuse any order made by you for any reason.
When making a request you undertake that all details you provide to us requesting goods or services are true and accurate, that you are an authorised user of the credit or debit card used to make your request and that there are sufficient funds to cover the cost of the goods and services. It is your responsibility to inform us of any changes to these details as soon as possible.
6. Your Right To Cancel The Contract
All our books and photographic prints are custom-made products and therefore we cannot accept cancellations or give refunds after the production process has commenced except when you receive faulty or damaged goods.
In all other cases, if you’re a customer in the EEA, you get 14 days to cancel your contract with us.
This two week period starts from the day after you receive your order (or from the day after you receive the last item of your order). You’ll need to write to us with notice of your cancellation.
In the case of an order for a single Product, the Cancellation Period begins on the day after you received the Product.
In the case of an order for multiple Products, the Cancellation Period begins on the day after you received the last Product in your order (in the event that the Products are delivered on different dates). If the Products are delivered on the same day, the Cancellation Period begins from the day after the Products are delivered.
For further information how to cancel a contract and when your statutory cancellation rights may or may not apply please see our Returns Policy.
As an alternative to using your rights under the Consumer Contracts Regulations you may wish to return an item using our free UK returns service. For further information on returns please see our Returns Policy.
8. Your Right For A Refund
If you return your order to us in accordance with our Returns Policy you will receive a full refund of the price paid for the Products within 14 days ("the Refund Period").
Subject to Clause 6. above if you are an EEA customer and cancel your contract within the Cancellation Period you will receive a full refund of the price paid for the products within the Refund Period.
The Refund Period starts from the day after We receive the Products back from you, or (if earlier) the day on which you provide Us with evidence you have returned the Products.
Please note We can deduct from your refund for damage or wear and tear where you have used (or excessively handled) the Products and this results in the value of the Products being diminished.
We refer you to our Returns Policy for more information on returns and refunds.
9. Availability And Delivery
Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then without undue delay.
In any event, delivery will take place no more than 30 calendar days after the day on which a Contract is entered into.
10. Price And Payment
The price payable for the Products shall be as shown on the Website. Prices advertised on the Website include UK VAT and UK delivery charges. Delivery charges outside the UK will be quoted when ordering and must also be paid in advance.
Payment shall be made by you by the means specified on the Website and shall not be deemed to be made until We have received cleared funds in respect of the full amount stated in the order.
Prices are subject to change without notice but changes will not affect orders which We have already accepted.
The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
11. Our Liability
If We do not deliver or if the Products We deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, our only obligation will be, at our option to:
· make good any shortage or non-delivery or incorrect delivery; or
· replace or repair any Products that are damaged or defective; or
· refund to you the amount paid by you for the Products in question
We shall have no liability to you for any consequential, special or indirect losses including without limit loss of revenues, profits, contracts, business or anticipated savings damage to or loss of goodwill, reputation or data.
Without prejudice to the foregoing, our total aggregate liability to you under and/or arising in relation to this contract shall not exceed the amount paid by you for the Products.
Nothing in this contract shall exclude or limit our liability for death or personal injury due to our negligence or any liability which is due to our fraud or any other liability which We are not permitted to exclude or limit as a matter of law.
Nothing in this contract shall exclude or limit your statutory rights.
A person who is not a party to this Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Contract.
12. Limited Edition Policy
Following first sale of a signed, numbered and certified ‘Limited Edition’ fine art print or book, we undertake to sell no more than the certified number of prints and will retain an indexed register of all prints sold.
We reserve the right however, to use any limited edition image in printed media publications including, but not limited to, self-advertising and promotion or in support of editorial material. Further, we retain the right to license the image for online use including, but not limited to, the author’s website and social media etc.
Copyright in all photographs remains with the photographer.
13. Copyright and Intellectual Property Rights
All Copyright and any Intellectual Property Rights in connection with the Products shall be owned by Us absolutely.
Title to all Photographs remains the property of the Photographer. Purchase of a photographic print or printed product does not entitle you to exploit any intellectual property rights, whether by copying such work or licensing such work for reproduction or publishing such work in any format, including, but not limited to, sculpture, limited edition print, illustration or other form of artwork.
The Photographer retains the entire copyright in the Photograph at all times throughout the world.
You agree to indemnify, defend and hold harmless John C Birch Ltd trading as johnbirchphoto, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from, without limitation, your breach of these terms and conditions, your infringement of any copyright or intellectual property right or any other right of any person or entity, or your breach of any duty of confidence or privacy, or any defamatory statements made by you in any form.
15. Import Duty
If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that We have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
16. Written Communications
Applicable laws require that some of the information or communications We send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that We provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to us at firstname.lastname@example.org. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 13 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
18. Transfer Of Rights And Obligations
The contract between you and us is binding on you and us and on our respective successors and assigns.
You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
19. Events Outside Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ("Force Majeure Event").
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
· Strikes, lock-outs or other industrial action.
· Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
· Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster
· Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
· Impossibility of the use of public or private telecommunications networks.
· The acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and We will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
If We fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.
22. Entire Agreement
These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of the Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
23. Our Right To Vary These Terms And Conditions
We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities or for any other reason in our sole discretion which We may decide.
You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if We notify you of the change to those policies or these terms and conditions before We send you the Dispatch Confirmation (in which case We have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
24. Law And Jurisdiction
These terms and conditions are to be construed in accordance with the laws of England and Wales and irrespective of your place of domicile, in the event of any dispute associated with these terms and conditions, that dispute shall be subject to the exclusive jurisdiction of the English Courts.
25. After-Sales Service
Questions, comments or requests regarding these terms and conditions or our Products should be addressed to email@example.com or entered on the contact page of Our website.
If you have any complaints these should be addressed in writing to johnbirchphoto, The Old Dairy, North Stainmore, KIRKBY STEPHEN CA71 4EU.