Terms and Conditions

STANDARD TERMS AND CONDITIONS FOR SALE OF GOODS

 

OF

 

Sam Hankss Photography

 

1. DEFINITIONS

 

In this document the following words shall have the following meanings:

 

1.2 "Buyer" means the organisation or person who buys Goods from the Seller;

1.3"Goods" means the articles to be supplied to the Buyer the Seller;

1.4 "Intellectual Property Rights" means all patents, registered and unregistered designs, copyright, trade marks, know-how and all other forms of intellectual property wherever in the world enforceable;

 

1.5 "List Price" means the list of prices of the Goods maintained by the Seller as amended from time to time;

1.6 "Seller" means Sam Hankss Photography

 

2. GENERAL

 

2.1 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions referred to, offered or relied on by the Buyer whether in negotiation or at any stage in the dealings between the parties, including any standard or printed terms tendered by the Buyer, unless the Buyer specifically states in writing, separately from such terms, that it wishes such terms to apply and this has been acknowledged by the Seller in writing.

 

2.2 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.

3. PRICE AND PAYMENT

 

3.1 The price shall be that in the Seller’s current List Price, or such other price as the parties may agree in writing. The price is exclusive of any other applicable costs. Carriage shall be paid for by the buyer where stated.

3.2 Payment of the price and VAT and any other applicable costs shall be due within 10 days of the date of receipt of the invoice supplied by the Seller.

3.3 If payment of the price or any part thereof is not made by the due date, the Seller shall be entitled to:

3.4 Require payment in advance of delivery in relation to any Goods not previously delivered;

3.5 Refuse to make delivery of any undelivered Goods whether ordered under the contract or not and without incurring any liability whatever to the Buyer for non-delivery or any delay in delivery;

 

3.5 Terminate the contract.

 

4. DESCRIPTION

Any description given or applied to the Goods is given by way of identification only and the use of such description shall not constitute a sale by description. For the avoidance of doubt, the Buyer hereby affirms that it does not in any way rely on any description when entering into the contract.

 

5. SAMPLE

 

Where a sample of the Goods is shown to and inspected by the Buyer, the parties here to accept that such a sample is so shown and inspected for the sole purpose of enabling the Buyer to judge for itself the quality of the bulk, and not so as to constitute a sale by sample.

6. DELIVERY

6.1 Unless otherwise agreed in writing, delivery of the Goods shall take place at the address specified by the Buyer on the date specified by the Seller. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.

6.2 The date of delivery specified by the Seller is an estimate only. Time for delivery shall not be of the essence of the contract.

6.3 If the Seller is unable to deliver the Goods for reasons beyond its control, then the Seller shall be entitled to place the Goods in storage until such times as delivery may be effected and the Buyer shall be liable for any expense associated with such storage.

6.4 The Buyer shall be entitled to replacement Goods where the Goods have been damaged during transportation. The Buyer must notify the Seller of the damage within 24 hours of delivery.

 

7.RISK

 

Risk in the Goods shall pass to the Buyer at the moment the Goods are dispatched from the Seller`s premises. Where the Buyer chooses to collect the Goods itself, risk will pass when the Goods are entrusted to it or set aside for its collection, whichever happens first.

 

8. TITLE

 

Title in the Goods shall not pass to the Buyer until the Seller has been paid in full for the Goods.

 

9. WARRANTY/ REFUND POLICY

 

9.1 Where the Goods have been manufactured by the Seller and are found to be defective, the Seller shall repair, or in its sole discretion, replace defective Goods free of charge within 14 from the date of delivery, subject to the following conditions:

 

9.2 The Buyer notifying the Seller in writing immediately upon the defect becoming apparent;

 

9.3 The defect being due to the faulty design, materials or workmanship of the Seller.

 

9.4 Any Goods to be repaired or replaced shall be returned to the Seller at the Buyer’s expense, if so requested by the Seller or with the trust that the item is destroyed and disposed of accordingly.

 

9.5 Where the Goods have been manufactured and supplied to the Seller by a third party, any warranty granted to the Seller in respect of the Goods shall be passed on to the Buyer.

 

9.6 The Seller shall be entitled in its absolute discretion to refund the price of the defective Goods in the event that such price has already been paid.

 

9.7 The remedies contained in this Clause are without prejudice to the other Terms and Conditions herein, including, but without limitation, Clauses 10 and 11 below.

 

10. LIABILITY

 

10.1 No liability of any nature shall be incurred or accepted by the Seller in respect of any representation made by the Seller, or on its behalf, to the Buyer, or to any party acting on its behalf, prior to the making of this contract where such representations were made or given in relation to:

 

10.1.1 The correspondence of the Goods with any description;

10.1.2 The quality of the Goods; or

10.1.3 The fitness of the Goods for any purpose whatsoever.

10.2 No liability of any nature shall be accepted by the Seller to the Buyer in respect of any express term of this contract where such term relates in any way to:

10.2.1 the correspondence of the Goods with any description;

10.2..2 the quality of the Goods; or

 

10.2.3 the fitness of the Goods for any purpose whatsoever.

 

1.3 All implied terms, conditions or warranties as to the correspondence of the Goods to any description or the satisfactory quality of the Goods or the fitness of the Goods for any purpose whatsoever (whether made known to the Seller or not) are hereby excluded from the contract.

 

11. LIMITATION OF LIABILITY

 

11.1 Where any court or arbitrator determines that any part of Clause 10 above is, for whatever reason, unenforceable, the Seller shall be liable for all loss or damage suffered by the Buyer but in an amount not exceeding the contract price.

 

11.2 Nothing contained in these Terms and Conditions shall be construed so as to limit or exclude the liability of the Seller for death or personal injury as a result of the Seller’s negligence or that of its employees or agents.

 

12. INTELLECTUAL PROPERTY RIGHTS

 

All Intellectual Property Rights produced from or arising as a result of the performance of this Agreement shall, so far as not already vested, become the absolute property of the Seller, and the Buyer shall do all that is reasonably necessary to ensure that such rights vest in the Seller by the execution of appropriate instruments or the making of agreements with third parties.

 

13. FORCE MAJEURE

 

The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as the Seller considers unreasonable, it may, without liability on its part, terminate the contract.

 

14. RELATIONSHIP OF PARTIES

 

Nothing contained in these Terms and Conditions shall be construed as establishing or implying any partnership or joint venture between the parties and nothing in these Terms and Conditions shall be deemed to construe either of the parties as the agent of the other.

 

15. ASSIGNMENT AND SUB-CONTRACTING

 

The contract between the Buyer and Seller for the sale of Goods shall not be assigned or transferred, nor the performance of any obligation sub-contracted, in either case by the Buyer, without the prior written consent of the Seller.

 

16. WAIVER

 

The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement.

 

17. SEVERABILITY

 

If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.

 

18. GOVERNING LAW AND JURISDICTION

 

This Agreement shall be governed by and construed in accordance with the law of Great Britain and the parties hereby submit to the exclusive jurisdiction of the British courts.

PRIVACY POLICY

This privacy policy ("policy") will help you understand how Sam Hankss Photography uses and protects the data you provide to us when you visit and use www.samhankssphotography.com.

We reserve the right to change this policy at any given time, of which you will be promptly updated. If you want to make sure that you are up to date with the latest changes, we advise you to frequently visit this page.

WHAT USER DATA WE COLLECT

When you visit the website, we may collect the following data:

  • Your IP address.

  • Your contact information and email address.

  • Other information such as interests and preferences.

  • Data profile regarding your online behaviour on our website.

 

WHY WE COLLECT DATA

We are collecting your data for several reasons:

  • To better understand your needs.

  • To improve our services and products.

  • To send you promotional emails containing the information we think you will find interesting.

  • To customize our website according to your online behavior and personal preferences.

 

SAFEGUARDING AND SECURING THE DATA

Sam Hankss Photography is committed to securing your data and keeping it confidential. Sam Hankss Photography has done all in its power to prevent data theft, unauthorized access, and disclosure by implementing the latest technologies and software, which help us safeguard all the information we collect online.

OUR COOKIE POLICY

Once you agree to allow our website to use cookies, you also agree to use the data it collects regarding your online behaviour (analyse web traffic, web pages you spend the most time on, and websites you visit).

The data we collect by using cookies is used to customize our website to your needs. After we use the data for statistical analysis, the data is completely removed from our systems.

Please note that are strictly used to monitor which pages you find useful and which you do not so that we can provide a better experience for you.

If you want to disable cookies, you can do it by accessing the settings of your internet browser.

Links to Other Websites

Our website contains links that lead to other websites. If you click on these links Sam Hankss Photography is not held responsible for your data and privacy protection. Visiting those websites is not governed by this privacy policy agreement. Make sure to read the privacy policy documentation of the website you go to from our website.

RESTRICTING THE COLLECTION OF YOUR PERSONAL DATA

At some point, you might wish to restrict the use and collection of your personal data. You can achieve this by doing the following:

  • When you are filling the forms on the website, make sure to check if there is a box which you can leave unchecked, if you don't want to disclose your personal information.

  • If you have already agreed to share your information with us, feel free to contact us via email and we will be more than happy to change this for you.

 

Sam Hankss Photography will not lease, sell or distribute your personal information to any third parties, unless we have your permission. We might do so if the law forces us. Your personal information will be used when we need to send you promotional materials if you agree to this privacy policy.

COPYRIGHT NOTICE

This website and its content is copyright of Sam Hankss Photography ©  Sam Hankss Photography 2020. All rights reserved.

 

The images and designs used on Sam Hankss Photography are the property of The Company.

 

The Customer must not reproduce, modify or distribute our images or any part of those images in any manner, whatsoever. In the event that there is any dispute between us in relation to this issue, The Customer agrees that until the matter is resolved, an interim injunction will be an appropriate remedy. An Interim injunction is a court order, which would prevent any further use or distribution of the image that The Company are concerned about, until a final court hearing where the court will make a decision on all the facts.

 
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