Online terms and conditions between a business and consumer for the sale of goods
These terms and conditions form the basis on which you can visit this website.
General terms and conditions This site www.davemassey.photography is owned and operated by Dave Massey. If you have any queries about these terms and conditions or if you have any comments or complaints on or about our website, you can contact me at using the online form below.
1. The contract between us
We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Payment of the price for the goods represents an offer on your part to purchase the goods.
2. Acknowledgement of your order
To enable us to process your order, you will need to provide me with your e-mail address. I will notify you by e-mail as soon as possible to confirm receipt of your order and to confirm details. For the avoidance of doubt, this correspondence does not constitute a contract between us.
3. Ownership of rights
All rights, including copyright, in this website are owned by Dave Massey Photography. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use, is prohibited without our permission. You may not modify, distribute or re post anything on this website for any purpose.
4. Accuracy of content
I have taken care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at the time of publishing and that all goods have been described accurately. However, orders will only be processed if there are no material errors in the description of the goods or their prices as advertised on this website.
5. Ordering errors
You are able to correct errors on your order up to the point on which you click on “submit” during the ordering process.
The prices payable for goods that you order are as set out on my website. All prices are inclusive of VAT (where applicable) at the current EU rates and are correct at the time of entering information. Where it is not possible to accept your order to buy goods of the specification and description at the price indicated, we will advise you by email.
7. Payment terms
I will take payment upon receipt of your order from your credit or debit card. We accept no liability if a delivery is delayed because you did not give us the correct payment details. If it is not possible to obtain full payment for the goods from you, then I can refuse to process your order. This does not affect any other rights I may have.
8. Delivery charges
Delivery charges vary according to the weight and quantity of goods ordered and to the country goods shipped.
9.1 My delivery charges are set out on the Delivery page in our website.
9.2 I will deliver the goods to the address you specify for delivery in your order. It is important that this address is accurate. I cannot accept any liability for any loss or damage to the goods once they have been delivered in accordance with your delivery instructions (unless this is caused by my negligence). I will aim to deliver the goods by the date quoted for delivery but delivery times are not guaranteed. In any event, I will aim to deliver your goods within 14 days from the day after the day we received your order. If delivery is delayed beyond this time, I will contact you and either agree a mutually acceptable alternative date, or offer you a full refund.
9.3 You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
10. Cancellation rights
All my Prints/Canvases are custom printed to order, i do not have ‘stock’ of any images. With the large variety of frames and sizes that i offer, keeping a stock of any image is impractical. Under UK law ‘custom made’ or ‘made to order’ products are exempt from the internet distance selling rules. So, i’m not abliged to offer refunds if you’ve changed your mind.
11 Cancellation by us.
11.1 I reserve the right not to process your order if;
11.1.2 I do not deliver to your area; or
11.1.3 One or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from my suppliers.
11.2 If I do not process your order for the above reasons, I will notify you by e-mail and will re-credit to your account any sum deducted from your credit/debit card as soon as possible, but in any event within 14 days.
12.1 Unless agreed otherwise, if you do not receive goods ordered by you within 30 days of the date on which you ordered them and decide to cancel the order rather than re-arrange delivery (in accordance with clause 11), I will provide you with a full refund.
12.2 I only responsible for losses that are a natural, foreseeable consequence of our breach of these terms and conditions. I do not accept liability if I am prevented or delayed from complying with my obligations set out in these terms and conditions by anything you (or anyone acting with your express or implied authority) does or fails to do, or is due to events which are beyond my reasonable control.
12.3 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
12.4 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence. You have certain rights as a consumer including legal rights (e.g. under the Sale of Goods Act 1979 (as amended)) relating to faulty and/or misdescribed goods.
13. Changes to legal notices
I reserve the right to change these terms and conditions from time to time.
13. Law, jurisdiction and language
This website, any content contained therein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with English law. Parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.
If any part of these terms and conditions is unenforceable (including any provision in which I exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
21. Third party rights
Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.