General Terms & Conditions for Website Shop

Terms and Conditions

1. Information About Us

 

  • Liberty Photo Art is a site operated by A. Jacques
  • Address: Pen Y Gors, Pentraeth, Isle of Anglesey, LL75 8YH
  • E-mail address: ajacques@liberty-photo-art.co.uk

 

2. Your Personal Information

 

We will use your personal information in accordance with our Privacy Policy.

 

3. Ordering

 

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 acknowledging your order. This is only an acknowledgement of receipt of your order, and no binding contract will be formed between us unless and until we accept your order by separate e-mail.

The contract will relate only to those specific goods which are referred to in our e-mail confirming our acceptance of your order. You should read and check the details in this e-mail to ensure they are correct.

If the details in the e-mail confirming you order are not correct, or if you are not satisfied with the details in the e-mail, please contact us at: ajacques@liberty-photo-art.co.uk.

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, but those on the site at the time of any order placed will be the prices applicable to that order.

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 an 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. The delivery cost will be included on your invoice which will be sent on receipt of your order via e-mail.

 

A full list of our delivery prices can be found under the sub-page "Shipping & Payment Conditions"

 

  • Please also note when buying on the website shop that all Postage and Packaging prices added to the gross total of the film poster is automatically defaulted to the "UK 2nd Class Signed For (Up to £50)" option at the price of £8.00.

 

  • At the checkout please select the appropriate postage and packaging costs according to the type (folded/rolled) and cost (Up to £50/£51 and above) of the poster purchased.

 

  • You will also receive an e-mail with an attached invoice after payment. This will also confirm when the order/poster is to be sent out.

 

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, Europe including: Ireland, France, Germany, Italy, Spain, Portugal, Switzerland, Austria, Netherlands, Belgium, Sweden, Finland, Denmark, Norway, Malta & International including: USA, Canada, Australia, New Zealand & Japan

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 and payment is received.

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 not be liable for any delay or failure to deliver 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 delivered because you were unavailable.

 

6. Payment

 

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 writing. Payment for goods can be made by one of the following payment methods:

 

  • PayPal

 

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 have been dispatched or within 14 days after delivery, such 14 day period beginning on the day after you receive your 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.

To exercise your right to cancel, you must inform us of your decision to cancel by e-mail using the contact details set out above. You may wish to use the model cancellation form (link to form) to cancel your order, but you are not obliged to. 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 our address: (Pen Y Gors, Pentraeth, Isle of Anglesey, LL75 8YH) 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.

 

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 changes (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 fuctioning of the goods, in particular if it goes beyond the sort of handling that might be reasonable allowed in a shop. We may withold 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 PayPal Account.

 

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.

 

11. Liability

 

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 titleor 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 be 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).

 

13. General

 

If any provision of these Terms and Conditions is found to be invalid, illegal, 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 peform any of our obligations under our agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will 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 deafault 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.

 

15. Cookies Policy

 

Strictly necessary cookies: These are cookies that are essential to the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website or use a shopping basket.

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