141. 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 Peartree Photo Ltd "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 Peartree Photo 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 Peartree Photo has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Peartree Photo has the right to suspend or terminate your account, cease supply and refuse you any and all current or future use of the Peartree Photo site (or any portion of it).
2. Place of performance and applicable law.
Peartree Photo Ltd is a company registered in England (Company Registration No.5283182) and trading as Peartree Photo. Unless otherwise specified, the materials on this site are directed solely at those who access this site from the United Kingdom mainland. Peartree Photo 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 All orders placed by you are on the basis of these Terms and Conditions and are subject to acceptance by us by delivery of the goods to you at which point a legally binding contract is constituted between us. The processing of your payment and acknowledgement of your order does not constitute legal acceptance of your order.
3.2 A notice will be displayed on your web browser before you submit an order with Peartree Photo. This contains important information such as a description, price and delivery charges of the goods or services ordered. Peartree Photo suggests that you print off a hard copy of the notice or save a copy to your hard drive for your own records.
3.3 All prices and charges on this site are in UK pounds sterling. They include any VAT payable but exclude delivery charges.
3.4 The total cost of your order will be the price of the products you order and the applicable delivery charge.
3.5 We will take all reasonable care to ensure that all details, descriptions, and prices of products appearing on the Website are correct at the time when the relevant information was entered into the system. Although we aim to keep the Web Site as up-to-date as possible, the information including product descriptions appearing on this Web Site at a particular time may not always reflect the position at the moment you place an order.
3.6 In the unlikely event that an incorrect price is shown on the Web Site. Peartree Photo reserves the right to not fulfil the order at that price. In such a circumstance, you will be notified, and given the choice to proceed with the order at the correct price.
3.6 You agree that we may use personal information provided by you in the course of placing your order to conduct any appropriate fraud checks. As part of these checks, personal information that you have provided may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
3.7 When placing an order on our website you agree to be joined to our email marketing program. If you wish to unsubscribe you may do so by clicking the unsubscribe link on any of our marketing emails.
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, Peartree Photo does not sell products on a trial basis. Customers are strongly advised to check the suitability and specifications of products before ordering.
4.1 Cancellations
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 info@peartreephoto.com stating your name, a description of the goods or services concerned and the order number of the cancelled order, or
Phone us at 020 7033 7371 (Monday to Friday from 8.30 am to 5.30 pm 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 dispatched, you will be responsible for returning the goods to Peartree Photo 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.
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 specifications 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 us on 020 7033 7370 or e-mail us at info@peartreephoto.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 Peartree Photo
4.5 Faulty or incorrectly described Goods
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 us and an appraisal made as to any fault. Goods that are faulty within the warranty period will need to be returned to Peartree Photo Ltd in the UK to be sorted – unless advised otherwise – at the customers cost. Please contact us before returning faulty goods; so, we can advise of the correct paperwork, etc required. We reserve the right to replace /refund/repair goods under warranty. Goods returned faulty within 10 days in as new condition in their original packaging with all the components intact will be replaced or the monies refunded; up to 30 days the goods will be replaced or the monies refunded at our discretion; after 30 days or in soiled condition will be repaired under warranty. This does not cover faults caused by accident, neglect, misuse or normal wear and tear. Peartree Photo shall not be liable for any consequential loss or damage resulting from the supply of goods or services or their failure, malfunction or unsuitability or any circumstances beyond our reasonable control.
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. Content
5.1 Peartree Photo 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. Peartree Photo will only be liable for consequential losses within the contemplation of the parties.
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 Peartree Photo.
6.2 Subject to clause 6.1, you agree that Peartree Photo 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 Peartree Photo'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 Peartree Photo has been advised of the possibility of such loss or damage).
6.3 The only liabilities that Peartree Photo 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 Peartree Photo.
6.3.3 For any business losses, and/or losses to non-consumers.
7. Delivery
7.1 Orders received by 3:00 pm are normally dispatched the same day for next day delivery (weekends incur an extra charge). For a complete explanation of delivery charges please see the delivery 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 Peartree Photo until the customer has paid off all outstanding sums due to Peartree Photo, and not only the sums due under this invoice. Peartree Photo 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 Peartree Photo are estimates only and Peartree Photo 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.
7.6 If you select in-store pick up, we will contact you via phone or email when your order is ready to be picked up. The average preparation time is 24-48 hours but can take longer. ID and payment card required for verification.
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: info@peartreephoto.com
Phone 020 7033 7371
or write to Peartree Photo Ltd, Waterfront Studios, Unit F32, 1 Dock Road, London, E16 1AH. 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.
9. Copyrights
All designs, text, graphics and their selection and arrangement on this site are the copyright of Peartree Photo or its content providers. As a visitor to the Peartree Photo 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 Peartree Photo's prior written consent is strictly prohibited.
10. Software
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
Peartree Photo 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, lightning, 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.
12. Language
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.
14. Export:
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 Peartree Photo and the customer) apply notwithstanding any other provision of these General Terms and Conditions.
15. Accounts:
Accounts: Peartree Photo 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.
16. Pricing:
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 Peartree Photo.
Peartree Photo Privacy Policy
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 Peartree Photo. Peartree Photo 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: info@peartreephoto.com
We may contact you in the future regarding special offers, news items, etc. If you do not wish to be contacted please let us know via our email info@peartreephoto.com
