TERMS & CONDITIONS
(© Calumet Photographic 2012)
1. Status of Terms
1.1 These terms constitute a legal document ("the Agreement"), which sets out the rights and obligations of you as a purchaser ("you"), and those of Calumet Photographic ("Calumet Photographic", "we" or "us"), in relation to the services and products offered by us through this site or any of the other sites owned by us. By registering for Calumet Photographic's services, you agree to the terms of this Agreement, and you re-affirm that agreement every time you use any of our services.
1.2 You agree to:
1.2.1 Provide true, accurate, current and complete information about you as prompted by our registration form (such information being the "Registration Data"); and
1.2.2 Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Calumet Photographic has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Calumet Photographic has the right to suspend or terminate your account, cease supply and refuse you any and all current or future use of the Calumet Photographic site (or any portion of it).
2. Place of performance and applicable law.
Calumet Photographic is a company registered in England (Company registration No. 425579) Unless otherwise specified, the materials on this site are directed solely at those who access this site from the United Kingdom mainland. Calumet Photographic makes no representation that any product referred to in the materials on this site is appropriate for use, or available, in other locations. Those who choose to access this site from other locations are responsible for compliance with local laws if and to the extent local laws are applicable. English law shall govern this Agreement.
You and we each submit to the exclusive jurisdiction of the English courts in relation to disputes arising out of this Agreement.
3. Placing an order
3.1 A notice will be displayed on your web browser before you submit an order with Calumet Photographic. This contains important information such as a description, price and delivery charges of the good or services ordered. Calumet Photographic suggests that you print off a hard copy of the notice or save a copy to your hard drive for your own records.
3.2 All prices and charges on this site are in UK pounds. They include any VAT payable, but exclude delivery charges.
3.3 The total cost of your order will be the price of the products you order and the applicable delivery charge.
3.4 Prices, offers and products are subject to availability and may change before, but not after, we accept your order. If something becomes unavailable we may offer you an alternative or suggest that you visit one of our stores.
IMPORTANT: we try very hard to ensure that all information on this site is accurate. However, just occasionally, an error can occur. If we discover an error in the price or description of a product you have ordered, we may cancel your order at any time up to the point we send you the product(s) (even if you have received your order confirmation email). We will contact you where we become aware of an error and ask whether you wish to continue with your order at the correct price or cancel it. If we do cancel your order, you will receive a full refund of any charges paid in advance. But not any fees incurred like interest or currency fluctuations if buying from outside the UK
4. Returns Policy
Subject to the right of Consumers to return goods for refund under The Supply of Goods and Services Act and Distance Selling Regulations, Calumet Photographic does not sell products on a trial basis. Customers are strongly advised to check suitability and specifications of products before ordering.
You have the right to cancel your purchase at any time either before or up to 14 days following the day you receive the goods by:
- e-mailing us at firstname.lastname@example.org stating your name, a description of the goods or services concerned and the order number of the cancelled order, or
- phoning us on 08706 030303 (Monday to Friday from 8.30am to 5.30pm excluding public holidays) - please have your order reference number and delivery details to hand.
4.2 If you exercise your right to cancel your order after the goods have been despatched, you will be responsible for returning the goods to Calumet Photographic at your own risk and cost, therefore, we strongly recommend you use an insured delivery method such as Royal Mail Special Delivery. All returns are subject to the following conditions, except where the goods are faulty or incorrectly described on the website.
- Your product must be complete and in "as new" condition (e.g. if you have opened the box to examine the product you must have done so without damaging or marking the product or packaging). Boxes or packaging with seals will not be accepted back if the seal has been broken.
- It must not have been used or installed. It should be returned with the original box, packing and accessories you received with it.
- Software, memory cards and DVDs, can only be accepted if still sealed. This policy is to avoid any potential breach of the Copyright, Designs and Patents Act (CDPA) 1988. All opened software is exempt from return under the terms of the distance Selling Regulations (SI2334/2000). Software that arrives damaged or is physically faulty may be returned under our normal returns policy.
- This offer does not apply to film, developing or printing services.
- A proof of purchase must be supplied.
- You must return any free gifts which came with the product.
- We will not refund any items that have been specially ordered to your individual specification or personalised.
Where we have made a charge for postage, this will be deducted from your refund if the goods have been despatched to you.
4.3 You cannot cancel your purchase when:
- the seal has been broken on any film, DVDs, CDs, memory cards, or software; or
- the goods were a special order to your specification; or
- 14 days has elapsed following receipt of the goods
Until such time as you return the goods to us you must take reasonable care of the item(s) and not use them. Any use of the delivered goods beyond that necessary to inspect the goods upon delivery will invalidate your right to cancel the contract.
4.4 Authorising the Return
You must prior to returning any goods received, contact our Customer Services 08706 030303 or e-mail us at email@example.com stating your name, a description of the goods or services concerned and the order number of the cancelled order. Failure to do so will result in a delay in processing your refund or the product being returned to you. All authorised returns must be returned to Calumet Photographic, Returns Dept., Calumet Photographic, Promandis House, Bradbourne Drive, Tilbrook, Milton Keynes, MK7 8AJ.
4.5 Faulty or incorrectly described Goods
You will always have the option of an exchange or refund if the fault occurs within 14 days of delivery. If there is a fault with your product within the manufacturer's warranty period, we will offer a repair. In all cases we reserve the right to inspect the product and verify the fault and, if no fault is found return the product to you. No refund will be processed until the returned goods have been received by ourselves and an appraisal made as to any fault.
4.6 Following us receiving your instruction to cancel your order you will be refunded within 30 days.
4.7 This promise does not cover faults caused by accident, neglect, misuse or normal wear and tear.
4.8 Any refund due to a fault or other defect will include a refund of the delivery charge. We will also pay for your costs of returning the goods for replacement or refund. Replacement goods are sent by standard delivery only (i.e. premium services are not available).
4.9 THIS RETURNS POLICY DOES NOT AFFECT YOUR LEGAL RIGHTS. DETAILS OF YOUR LEGAL RIGHTS ARE AVAILABLE FROM THE CITIZENS ADVICE BUREAU OR CONSUMER DIRECT.
5.1 Calumet Photographic shall not be liable to any person for any loss or damage, which may arise from the use of any of the information contained in any of the materials on this site. Calumet Photographic will only be liable for consequential losses within the contemplation of the parties.
5.2 Certain links in this site (typically a banner advert or icon) will lead to sites, which are not under the control of Calumet Photographic. When you activate any of these you will leave the Calumet Photographic site and Calumet Photographic has no control over and will accept no responsibility or liability for the material on any site, which is not under the control of Calumet Photographic.
6. Limitation of Liability
6.1 Nothing in this Agreement shall affect the statutory rights of any consumer or exclude or restrict any liability for death or personal injury arising from the negligence or fraud of Calumet Photographic.
6.2 Subject to clause 6.1, you agree that Calumet Photographic shall not be liable either in contract, tort, negligence, statutory duty or otherwise, for any direct loss or damage (including loss or damage which is reasonably foreseeable or occurs naturally in the course of things) resulting from any acts, omissions, failures or delays occurring on or in relation to those parts of the Internet not under Calumet Photographic's direct control including, without limitation, damage for loss of business, loss of sales, non payment of sums due, loss of profits, business interruption, loss of reputation, loss of business information, or any other pecuniary loss (even where Calumet Photographic has been advised of the possibility of such loss or damage).
6.3 The only liabilities that Calumet Photographic can exclude are those arising from the following.
6.3.1 In cases where losses were not foreseeable to both parties when the contract was formed.
6.3.2 Where losses were not caused by any breach on the part of Calumet Photographic.
6.3.3 For any business losses, and/or losses to non-consumers.
7.1 Orders received by 3.30pm are normally dispatched the same day for next day delivery (weekends incur extra charge). For a complete explanation of delivery charges please see the deliver details page. Confirming your order is considered acceptance of these delivery charges
7.2 Risk in the goods shall pass to the customer immediately on delivery. Notwithstanding delivery and the passing of risk, all goods supplied shall remain the property of Calumet until the customer has paid off all outstanding sums due to Calumet, and not only the sums due under this invoice. Calumet reserves the right to enter the customer's premises to retrieve the goods in the event of any default in payment.
7.3 Delivery times quoted by Calumet are estimates only and Calumet shall not be held liable for any consequential loss or damage resulting from any failure to meet estimated times.
7.4 Consideration for damage to, or shortage of, goods in transit will only be given if written notification is received within 7 days of receipt by the customer of such goods. Packing materials in which goods were received should be kept for inspection. Where there is apparent damage to boxes or packaging, the consignment should be opened and examined in the presence of the carrier or, where this is not possible, the carrier's delivery documentation should be amended to read "carton damaged - goods unchecked" before the goods are signed for.
7.5 Claims for non-delivery of goods will only be considered if notification is received in writing within 14 days of the invoice date.
8. Complaints handling procedure
In the unlikely event that you have any complaints as to our service or any of the goods and services supplied to you from our site, please contact us by either:
- email: firstname.lastname@example.org
- Phone 08706 030303
- Fax: 01908 366322
or write to: Calumet Photographic, Promandis House, Bradbourne Drive, Tilbrook, Milton Keynes, MK7 8AJ
All complaints are taken seriously and will be investigated as soon as they are brought to our notice. We will endeavour to rectify any problems as soon as possible.
All designs, text, graphics and their selection and arrangement on this site are the copyright of Calumet Photographic or its content providers. As a visitor to the Calumet Photographic site you are licensed to copy electronically or to print portions of this site for your own personal, non-commercial use. Any other use of materials on this site without Calumet Photographic's prior written consent is strictly prohibited.
10.1 Intellectual property rights in any software or any other copyrighted materials ("Software") and supporting documentation supplied by us to you remain our property or that of our licensors.
10.2 Without our written consent and without affecting any applicable statutory rights under the Copyright (Computer Program) Regulations 1992 (as amended, supplemented or replaced from time to time) you shall not and shall not permit any other person to:
10.2.1 Disassemble, reverse engineer, decompile or in any other way interfere with the Software;
10.2.2 copy or modify the Software; or
10.2.3 create any new Software partly or wholly based on the Software.
10.3 Subject to the terms of this Agreement, you are licensed to use the Software and associated documentation non-exclusively, but only for the purposes identified on the site in relation to the Software.
10.4 You must not transfer, assign or sub-license your right to use the Software or attempt to do so.
10.5 Software Returns - See section 4.7
11. Matters Beyond our Reasonable Control
Calumet Photographic shall not be held liable for any breach of this Agreement caused by circumstances out of its control including, but not limited to, Acts of God, fire, lightening, flood, or extremely severe weather, explosion, war, disorder, flood, industrial disputes (whether or not involving our employees), acts or omissions of Internet services providers or acts of local or central Government or other competent authorities.
In the event of conflict or inconsistency between the terms of the English language version of this Agreement and any translation provided by us, the English language version shall prevail.
13. Gift Vouchers
13.1 Where a refund is due on an order (partly) paid for by Gift Vouchers, the refund will be generated by Gift Vouchers to the value of the original Gift Vouchers. Please note the expiry date of the Gift Voucher(s) issued for refund purposes, will remain the same as the originally issued Gift Voucher(s).
13.2 We reserve the right to change the Terms and Conditions at any time.
Where goods are supplied for export from the UK, any term or expression which is defined in the provisions of Incoterms shall import the respective obligations of buyer and seller into these General Terms and Conditions. The provisions of this clause shall (subject to any special terms agreed in writing between Calumet and the customer) apply notwithstanding any other provision of these General Terms and Conditions.
Accounts: Calumet will give written confirmation of credit terms when a customer opens an account, and we reserve the right to vary these terms from time to time. Failure to comply with our credit terms will result in suspension or withdrawal of credit facilities. We reserve the right to charge interest on overdue accounts and to recharge any collection costs incurred.
We reserve the right to amend our prices at any time and without prior notice - orders are fulfilled on the understanding that prices charged are those current at the date of despatch. All prices are inclusive of any applicable VAT, which the customer shall be liable to pay to Calumet.
Due to the ordering process certain information given by you at the time of ordering is collected lawfully and in accordance with the Data Protection Act 1998, solely by Calumet Photographic. Calumet Photographic does not disclose any customer information to any third parties. The information is used only for the purpose of processing your request and to communicate with you on any matters relating to the provision of the service in general. Information and statistics may also be used for the purpose of monitoring site usage. These statistics will not include any information that can be used to identify any individual. Cookies are used on this shopping site, but only to keep track of the contents of your shopping cart once you have selected an item. If you have any concerns regarding the privacy of this site please contact us via the following email: email@example.com
We may contact you in future regarding special offers, news items etc. If you do not wish to be contacted please let us know via on firstname.lastname@example.org
The entire checkout process for the Calumet Photographic web site is held on a secure server using a verified SSL (secure socket layer) system for transferring data. If you click on the small padlock symbol at the bottom of your browsers screen you will be taken to this sites security certificate. If you have any concerns regarding the security of this site please inform us here email@example.com