1.1 What these terms cover. These are the terms and conditions on which we supply goods to consumer customers. If the goods you order relate wholly or mainly to a business carried on by you these terms do not apply and you should contact us to request our terms for business customers.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide goods to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2.1 Who we are. We are Luke Papworth t/a Hampshire Photography. Our address is Hampshire Photography, PO Box 753, Winchester, SO23 3QJ.
2.2 How to contact us. You can contact us by email using the details on our website http://www.hampshire-photography.com or by writing to us at the following address: Hampshire Photography, PO Box 753, Winchester, SO23 3QJ
2.3 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 have provided to us.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3.1 Orders for goods. Your initial order for goods must be made using our Online Shop.
3.2 How we will accept your order. Our acceptance of your Order will take place when we email confirmation of your Order.
3.3 If we cannot accept your order. If we do not accept your order for any reason, we will inform you of this in writing, there will be no contract between us, and we will not charge you for any goods. We reserve the right not to accept an order for any reason. Common reasons include (a) that the goods are out of stock, (b) unexpected limits on our services which we could not reasonably plan for, (c) that we have identified an error in the price or description of the goods, or (d) that we are unable to meet a delivery deadline you have specified.
3.4 These terms apply to all of our goods. These terms apply to all the goods we supply to consumers. We do not accept any other terms in our contracts with consumers. Any amendments to these terms must be agreed by us in writing.
4.1 Delivery costs. The costs of delivery of any goods will be as stated in the quoted price.
4.2 We are not responsible for delays outside our control. If our supply of the goods 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 goods you have paid for but not received.
4.3 When you become responsible for the goods. Goods will be your responsibility from the time we deliver the goods to you.
4.4 When you own goods. You will own any goods supplied once we have delivered the goods to you and we have received payment in full for those goods.
5.1 Minor changes to the goods. We may change the goods:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not negatively impact on you.
5.2 More substantial changes to the goods and these terms. In addition, we may make more substantial changes to these terms or the goods, 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 goods paid for but not received.
6.1 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:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the goods repaired or replaced or to get some or all of your money back), see clause 9;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 6.2;
(c) If you have just changed your mind about the goods, see clause 6.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
(d) In all other cases (if we are not at fault and there is no right to change your mind), see clause 6.6.
6.2 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 (a) to (c) below the contract will end when we receive a written communication from you informing us that you are ending the contract and we will refund you in full for any goods which have not been provided and you may also be entitled to compensation.
The reasons are:
(a) we have told you about an upcoming change to the goods, or these terms which you do not agree to (see clause 5.2);
(b) we have told you about an error in the price or description of the goods you have ordered and you do not wish to proceed; or
(c) there is a risk that supply of the goods may be significantly delayed because of events outside our control.
6.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most goods bought online you have a legal right under the Consumer Contracts Regulations 2013 to change your mind within 14 days and receive a refund once you have returned the goods to us at your expense.
6.4 When you do not have the right to change your mind. You do not have a right to change your mind in respect of:
(a) goods sealed for hygiene purposes, once these have been unsealed after you receive them;
(b) goods which have been specially made to your individual specifications (for e.g. a personalised sticker) (“Personalised Goods”)
6.5 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 6.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the goods are delivered and paid for. If you want to end a contract before it is completed where we are not at fault and you do not have the right to change your mind, just contact us to let us know. We will refund any sums paid by you for goods 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 early.
7.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) By email. Contact us using the details provided on our website www.hampshire-photography.com or by replying to the most recent email you have received from us.
(b) By post. Write to us at Hampshire Photography, PO Box 753, Winchester, SO23 3QJ.
7.2 Returning goods after ending the contract. If you end the contract for the purchase of goods for any reason after goods have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them or post them back to us at Hampshire Photography, PO Box 753, Winchester, Hampshire, SO23 3QJ or (if they are not suitable for posting) allow us to collect them from you. Please email us for a return label or to arrange collection. 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. You may not return Personalised Goods unless they are faulty.
7.3 How we will refund you. We will refund you the price you paid for the goods including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
7.4 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
(a) 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.
7.5 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:
(a) If we have not offered to collect the goods, your refund will be made within 14 days from the day on which we receive the goods back from you or, if earlier, the day on which you provide us with evidence that you have sent the goods back to us. For information about how to return goods to us, see clause 7.2.
(b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
8.1 We may end the contract if you break it. We may end the contract for goods at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of our asking for it, provide us with information that is necessary for us to provide the goods;
(c) you do not, within a reasonable time, allow us to deliver the goods to you or collect them from us; or
(d) you do not, within a reasonable time, allow us access to your premises to supply the services.
8.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 8.1 we will refund any money you have paid in advance for goods 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.
9.1 How to tell us about problems. If you have any questions or complaints about our goods or services, please contact us. You can contact us through the details provided on our website or at by writing to us at Hampshire Photography, PO Box 753, Winchester, SO23 3QJ.
9.2 Summary of your legal rights. We are under a legal duty to supply goods that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the goods. 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 you have bought goods from us (for example a sticker), The Consumer Rights Act 2015 says that the goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your goods your legal rights entitle you to the following:
See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).
9.3 Your obligation to return rejected goods. If you wish to exercise your legal rights to reject goods you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call us or email us for a return label or to arrange collection.
10.1 Where to find the price for the goods. The price of the goods and services will be the price shown on our Online Shop. We take reasonable care to ensure that the price of the goods and services advised to you is correct. However please see clause 10.2 for what happens if we discover an error in the price of the goods you order.
10.2 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the goods we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the correct price for the goods at your order date is less than our stated price at your order date, we will charge the lower amount. If the 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 unmistakable 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 goods provided to you.
10.3 When you must pay and how you must pay. We accept payment for orders placed on our Online Shop by PayPal. You must pay for the goods when we accept your Order.
10.4 We can charge interest if you pay late. If any charges remain unpaid for more than 28 days we may charge interest to you on the overdue amount at the rate of 2% a year above the base lending rate of 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 judgement. You must pay us interest together with any overdue amount.
11.1 How we will use your personal information. We may use the personal information you provide to us:
(a) to supply our goods to you;
(b) to inform our subcontractors (for example couriers) involved in the provision of services or supply of goods to you;
(c) to process your payment for the goods; and
(d) to give you information about similar goods that we provide. You may stop receiving this information at any time by contacting us.
11.2 We may pass your personal information to credit reference agencies. Where we extend credit to you for the goods we may pass your personal information to credit reference agencies and they may keep a record of any search that they do.
11.3 We will only give your personal information to other third parties where the law either requires or allows us to do so.
11.4 We may take photographs of your Vehicle for our own publicity or advertising purposes. We will always make sure that the license plate number has been removed from any photographs we use in the public domain.
12.1 We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
12.2 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. We may require the person to whom the guarantee is transferred to provide reasonable evidence to us.
12.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
12.4 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.
12.5 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 service or goods, we can still require you to make the payment at a later date.
12.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law. You can bring legal proceedings in respect of the goods or services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the goods or services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the goods or services in either the Northern Irish or the English courts. If you live elsewhere in the European Union you can bring legal proceedings in respect of the goods or services in either the court in the country in which you reside or the English courts.
12.7 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the European Commission Online Dispute Resolution platform. You can submit a complaint via their website at https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=EN.
These Terms & Conditions apply from 29/01/2018.