Terms & Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING OUR SITE
All users of this site agree use of this site are subject to the following terms and conditions and other applicable law. This page (together with the documents referred to on it) sets out the terms and conditions on which we supply any of the products listed on this website to you.
Information about us
1.1 We operate the website evanhallphotography.com, which shall be referred to as “our site” for the purposes of these terms and conditions.
1.2 Copyright in our site belongs to Evan Hall Photography.
2. Use of this website
2.1 You may, for your own personal, non-commercial use only, do the following:
retrieve, display and view the Content on a computer screen
2.2 You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Evan Hall.
3. Prohibited use
3.1 You may not use the Website for any of the following purposes:
in any way which causes, or may cause, damage to the Website or interferes with any other person's use or enjoyment of the Website;
in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law.
making, transmitting or storing electronic copies of Content protected by copyright without the written permission of the owner.
4. Links to other sites
4.1 This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Evan Hall or that of our affiliates.
4.2 We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
4.3 The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
4.4 You may not create a link to our site from another website or document without our prior written consent.
5. Basis of sale
5.1 The description of the products in our website does not constitute a contractual offer to sell the products. When an order has been submitted on the website, we can reject it for any reason, although we will tell you the reason without delay.
5.2 It is your responsibility to check that you have used the ordering process correctly.
5.3 A contract will be formed for the sale of products ordered only when you receive an email from us confirming the order (Order Confirmation). You must ensure that the order confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the order placed by you. By placing an order you agree to us giving you confirmation of the contract by means of an email with all information in it (ie the Order Confirmation). You will receive the order confirmation within a reasonable time after making the contract.
5.4 Any quotation is valid for a maximum period of 30 days from its date, unless we expressly withdraw it at an earlier time.
5.5 No variation of the contract, whether about description of the products, fees or otherwise, can be made after it has been entered into unless the variation is agreed by the customer and the supplier in writing.
6. Price and Payment
6.1 You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Goods.
6.2 Unless specified otherwise on the site, Product prices include VAT, but exclude the cost of delivery.
6.3 We take payment from your chosen payment method at the time we receive your order, once we have checked your payment details and stock availability. Products are subject to availability. In the event that we are unable to supply the products, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the products, in accordance with our refunds policy (set out at clause 8 below).
6.4 Our site contains a large number of products and it is always possible that, despite our best efforts, some of the products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a product’s correct price is less than our stated price, we will charge the lower amount when dispatching the product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
6.5 We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could reasonably have been recognised by you as an error.
Delivery
7.1 Your order will be fulfilled by the delivery date set out in the dispatch confirmation or, if no delivery date is specified, then within a reasonable time of the date of the dispatch confirmation unless there are exceptional circumstances. We normally dispatch within three (3) business days of receiving your order.
7.2 We do deliver globally but any import duties or taxes which apply to your order, you will need to pay them as we will not.
7.3 We will arrange for delivery of the Products ordered by you by the method (if applicable) and to the address which you specify in the check out procedure.
7.4 If you or your nominee fail, through no fault of ours, to take delivery of the products at the delivery location, we may charge the reasonable costs of storing and redelivering them.
7.5 The Goods will become your responsibility from the completion of delivery.
8. Refunds policy
8.1 If you return a product to us:
because you have cancelled the contract between us within seven (7) days of the order being confirmed, we will process the refund due to you as soon as possible and, in any case, within thirty (30) days of the day you gave notice of cancellation. In this case, we will refund the price of the product in full, and any applicable delivery charges. However, you will be responsible for the cost of returning the item to us;
for any other reason (for instance, because you consider that the product is defective), we will examine the returned product and will notify you of your refund via email within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within thirty (30) days of the day we confirmed to you via email that you were entitled to a refund. We will refund the price of a defective product in full, any applicable delivery charges and any reasonable costs you incur in returning the item to us.
8.2 We will refund any money received from you using the same method originally used by you to pay for your purchase.
9. Warranty
9.1 We warrant to you that any Product purchased from us through our site will, on delivery, conform in all material respects with its description, be of satisfactory quality and be reasonably fit for all the purposes for which products of that kind are commonly supplied.
10. Excluding Liability
10.1 The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer's business, trade, craft or profession which would not be suffered by a Consumer - because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.
11. Written Communications
11.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
12. Events outside our control
12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
12.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks; and
(f) the acts, decrees, legislation, regulations or restrictions of any government.
12.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
13. Website Information
13.1 We do not accept responsibility for the use or misuse of the information and Products.
13.2 You acknowledge that information and materials found on our site may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. We do not accept liability for any loss (direct, indirect or consequential) which may arise from reliance on information contained on our site or in respect of any error or omission. Your use of any information or materials on our site is entirely at your own risk, for which we shall not be liable. Except as expressly provided for elsewhere in these terms and conditions, it shall be your own responsibility to ensure that any Products, services or information available through our site meet your specific requirements.
14. Our right to vary these Terms and Conditions
14.1 We have the right to revise and amend these terms and conditions from time to time to, without limitation, reflect changes in our company policies, changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
14.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven (7) business days of receipt by you of the Products).
15. Privacy Policy
15.1 Use of the Website is also governed by our Privacy Policy, which is incorporated into these terms and conditions by this reference.