Terms and Conditions
1. Interpretation
In these Conditions:
“Conditions” means these terms and conditions and such parts of the Catalogue as are specifically referred to in these terms and conditions;
“Company”, “us” and “we” are all references to Photoline City Limited (registered in England and Wales under company number 4325461) trading under the name Photoline City;
“Customer” and “you” are both references to the person or company whose order for Supplies is accepted by us;
“Order” means the Customer’s order for the Supplies;
“Supplies” means any of the Goods or Services;
“Goods” means any goods supplied or to be supplied by the Company;
“Services” means any services supplied or to be supplied by the Company;
“in writing” refers to electronic or paper communications;
“Catalogue” refers to the catalogue in which these Conditions are set out, whether this is in paper or electronic format;
“Contract” means any contract entered into by the Company and the Customer for the sale and purchase of Supplies.
Headings do not affect the interpretation of these Conditions.
2. Acceptance
All Orders are subject to these Conditions, and a Customer’s placing of an Order constitutes acceptance by the Customer of these Conditions.
3. Prices and cancellation
Any prices stated in the Catalogue exclude VAT, which will be added to the stated price at the checkout. We seek to ensure that published prices are correct, however all prices are subject to amendment without notice at any time. Any quotations we provide are valid for 30 days from the date of such quotation.
We reserve the right to cancel the Contract if the Supplies you have ordered are not available, we are unable to deliver the Supplies to you, or one or more of the Supplies you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers. If we do cancel the Contract we will notify you in writing and we will refund any payment made by you as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
4. Payment
Customers may make payment by credit or debit card over the phone. We also accept payment by cheque or BACS. Please note that we will not dispatch Goods until we have received cleared funds.
5. Out of stock items
If we are unable to supply an item within our usual delivery times then we will notify the Customer of this fact by phone or email as soon as reasonably practicable.
6. Credit accounts
To apply for a credit account please call us on telephone number 0191 232 5454.
7. Delivery
We aim to dispatch all Orders within the times stated by us, however all delivery dates should be regarded as estimates only. We will not be liable for any losses, costs, damages or expenses suffered by the Customer or any other party as a result of any delay in delivery. Failure by the Company to meet a delivery date will not constitute a breach of contract by us.
8. Refusal
We reserve the right to refuse to trade with any Customer.
9. Faulty or damaged Goods
We check all Orders prior to dispatching the same to ensure they leave us in good condition. We insure Goods which are in transit to the Customer. As a condition of this insurance it is the Customer’s responsibility to check the Goods upon receipt and prior to signing for them. Any damage to the Goods must be noted on the driver’s delivery note and reported to us by you within 24 hours. If you fail to check for, and note, any damage to the Goods, this will invalidate the insurance and effectively waives your right to claim for any repair or replacement. The Company is unable to accept responsibility for Goods which are signed for as clear upon delivery.
You must notify any claims against the Company for errors, defects or shortages by email or by telephone within 3 days of receipt by you of the Goods, which must be further confirmed in writing within 7 days of delivery.
10. Artwork and colour proofs
We can supply printed colour proofs on request, however this will lengthen the turnaround times stated on our website and we will not accept liability for errors or omissions after inspection of the proofs. We will supply artwork proofs when you commission us to undertake any design work or alterations to enable us to prepare print ready artwork on your behalf. In these circumstances we will be unable to proceed to print until you have approved the proof.
Owing to the differences in equipment, paper, inks and other conditions between colour proofing and production runs, a reasonable variation in colour between colour proofs and the Goods will be deemed acceptable unless otherwise agreed.
11. When additional fees will be incurred
You may incur additional fees when you:
i. Request amendments once we have commenced production of the related Supplies;
ii. Supply large electronic files which take an unreasonably long time to process for print;
iii. Supply electronic files which do not conform to the Company’s artwork guide and which therefore require additional processing prior to printing.
If the scenario outlined at paragraph (iii) occurs, we would endeavour to contact you during normal working hours prior to undertaking the additional work. If however we are unable to contact you or we need to undertake the work outside of normal working hours to meet your specified deadline, then we will proceed to undertake the additional work and we will charge you for this at our standard hourly artwork rate for amending artwork, which is currently £30 (thirty pounds).
12. Return of Supplies
In the case of printed or bespoke Goods, Customers may not cancel an Order once the Order has been placed and confirmed by us.
In the case of all other Goods, Customers must contact us within 24 hours of delivery of the same if they wish to return them. We will confirm to you in writing before such Goods can be returned and we will issue a returns number. You must return the Goods, together with the original packaging, in its original condition, and the Goods must be resalable. If the original packaging has been opened then it will not be deemed resalable and you cannot therefore return it. Where Goods have been cut to custom sizes, these cannot be returned as they are classified a bespoke product. Please therefore ensure you are certain of the sizes you require before placing your Order.
We ask all Customers to thoroughly read the product descriptions for the Goods they may wish to order. If you are unsure about whether certain Goods are suitable for your needs please contact a member of our sales team for more information.
When returning Goods you must ensure these are well packaged so that they arrive with us in their original condition. This may require you using additional packaging. We will issue a refund to you upon receipt by us of the Goods in a resalable condition.
If you returns Goods to us, all post and packing must be paid for by you. This includes the cost of returning the Goods and the cost of the initial delivery to you. We will not reimburse these post and packing charges under any circumstances. If you require us to arrange the collection of Goods which you want to return, there will be an additional charge levied by the courier company for such remote collection, and we will pass this charge on to you.
13. Information
The descriptions, images, illustrations, photographs and particulars, including weights, dimensions and capacity, provided in any of our printed materials or on our website, are intended to provide general information only and do not form part of the Contract. We take all reasonable steps to ensure the accuracy of such information, however we accept no liability for any errors or omissions in any product descriptions whether caused by the Company’s negligence or otherwise.
14. Risk
Risk of damage to or loss of the Goods passes to you when the Goods are delivered at your premises or such other delivery address as you may specify to us in advance. Ownership of the Goods shall not pass from the Company to the Customer until payment has been received by us in full. 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.
Until ownership passes to the Customer the Goods must be held in such a way as to be easily identifiable as being the Company’s property. In the event that the Customer fails to make payment by the due date the Company or its agents shall be permitted to enter the Customer’s premises for the purpose of removing and repossessing such Goods and the Company shall be entitled to claim any costs and expenses incurred by the Company in the process of such removal and repossession.
15. Fitness for purpose
You are responsible for ensuring that the Goods are suitable for their intended purpose. Any advice or recommendation provided to you by an employee or agent of the Company is acted on entirely at the Customer’s risk and the Company is not liable for any such advice or recommendation.
16. Warranties and Guarantees
The Company will endeavour to transfer to the Customer the benefit of any warranty or guarantee given by a manufacturer of the Goods.
In addition, the Company will at its own cost repair or, at the Company's option, replace Goods or, in the case of Services, re-perform Services, which are proved to the reasonable satisfaction of the Company to be damaged or defective due to faulty materials, workmanship or design.
This obligation does not apply where:
i. the defect arises because the Customer has altered or repaired such Goods without the written consent of the Company;
ii. the Customer did not follow the manufacturers' instructions for storage, usage, installation, use or maintenance of the Goods;
iii. the Customer has failed to notify the Company of any defect in accordance with these Conditions where the defect should have been reasonably apparent upon a reasonable inspection; or
iv. the Customer fails to notify the Company of the defect within 3 months (or such other period as the Company shall specify at the time of acceptance of an Order) of the date of despatch of the Goods or performance of the Services.
Any replacement Supplies made or Goods repaired under these Conditions are guaranteed for any unexpired portion of the period of guarantee given on the original Supplies. Any Goods which have been replaced belong to the Company.
Should any Supplies prove to be damaged or defective then the Company’s sole obligation and liability shall be limited to, at the Company’s discretion, the repair or replacement of the relevant Goods or the re-performance of the relevant Services or a refund of the price paid for the Supplies.
17. Liability
Save as precluded by law, we will not be liable to you for any representation or any implied warranty condition or other term or any duty at common law or under the express terms of the Contract or otherwise, for any consequential loss or damage (whether for loss of profit or otherwise) costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of the Company, its equipment or its use or resale by the Customer), except as expressly provided in these Conditions.
18. Intellectual property
Unless otherwise agreed in writing, ownership of all intellectual property rights in relation to design work carried out by the Company on the instructions of the Customer shall at all times remain with the Company.
The Supplies may be subject to intellectual and industrial property rights. No right or licence is granted to the Customer except the right to use or re-sell the Supplies in their usual course of business. The Company accepts no liability whatsoever in the event of any claim of infringement of intellectual and industrial property rights.
You warrant that any computer files, film, disks, paper, plates or other materials and data or other information provided by you in relation to the supply of the Goods under the Contract and its use will not infringe the copyright or any other intellectual property right of any third party, and you agree to indemnify us against any such infringement, whether due to a claim against you or a claim against us by a third party.
19. Images
Unless you expressly tell us not to, we reserve the right to photograph any of the work we produce and to use such images in online and printed promotional material.
20. Data Protection
We are registered as a data controller pursuant to the Data Protection Act 1998. Where, in connection with the provision of the Supplies to you, we have received or obtained personal information (personal data) this will only be used for the provision of such Supplies and for providing information about the services which we can provide.
21. Origin
Unless otherwise confirmed by the Company in writing, nothing in the Catalogue is to be taken as a representation as to the source of origin, manufacturer or production of the Supplies or any part of them.
22. Events beyond our control
We shall have no liability to you for any failure to deliver Supplies you have ordered or any delay in doing so or for any damage or defect to Goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
23. Age requirements
Where the law requires a minimum age for the purchase of certain Supplies, the Customer confirms that he or she is at least such minimum age and that delivery of the Supplies will be accepted by a person of at least such minimum age.
24. Notices
Unless otherwise expressly stated in these Conditions, all notices from you to us must be in writing.
25. Invalidity
If any part of these Conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these Conditions will not be affected.
26. Third party rights
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
27. Governing law
The Contract shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.