The Photopod Company. PHOTO BOOTH SALES AGREEMENT.

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These terms and conditions outline the rules and regulations for the use of the The Photopod Company’s Website.

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Terms and conditions

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By accessing this website we assume you accept these terms and conditions in full. Do not continue to use The Photopod Company’s website if you do not accept all of the terms and conditions stated on this page. 

 

Please read all of these terms and conditions set out here within, as we can not accept your order and make a legally enforceable agreement without you doing so.

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Application

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1. These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are ‘The Photopod Company’ a company registered in England and Wales whose registered office is at 8 Jackson Street, Coalville, Leicestershire, LE67 3LT with email address support@thephotopod.co.uk; telephone number 0116 332 9128; (the Supplier or us or we).
    

2. These are the terms on which we sell Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions. By ordering any of the Services, you agree to be bound by these Terms and Conditions. You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.

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Interpretation

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1. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
    

2. Contract means the legally-binding agreement between you and us for the supply of the Goods;
    

3. Delivery Location means the Supplier’s premises or other location where the Goods are to be supplied, as set out in the Order;
    

4. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
    

5. Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order;
    

6. Order means the Customer’s order for the Goods from the Supplier as submitted following the step by step process set out on the Website;
    

7. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;
    

8. Website means our website https://thephotopod.co.uk/ on which the Goods are advertised.

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Goods

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1. The description of the Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.
    

2. In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
    

3. All Goods which appear on the Website are subject to availability.
    

4. We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

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Personal Information

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1. We retain and use all information strictly under the Privacy Policy.
    

2. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.

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Basis of Sale

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1. The description of the Goods on our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason without notice.
    

2. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
    

3. A Contract will be formed for the sale of Goods 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.
    

4. Any quotation is valid for a maximum period of 14 days from its date, unless we expressly withdraw it at an earlier time.
    

5. No variation of the Contract, whether about description of the Goods, 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. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, E.g. by giving you rights as a business.
    

7. Re-sale of the goods for profit is prohibited and the goods are to be used for the purposes of your business only unless agreed upon before hand in writing by The Photopod Company.

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Price and Payment

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1. The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.
    

2. You must pay by submitting your payment details via paypal, credit or debit card details with your Order and we can take payment immediately upon purchase. Additional fees may apply if paying using Paypal.
    

3. Any offer or promotion can only be used once and cannot be used in conjunction with any other existing offer or promotion.
    

4. Offers or Promotions may be changed at our discretion. We reserve the right to end any offer or promotion at any time.
    

5. Any items that are provided as “Free” or “Added Extra” have a retail value of zero. We reserve the right to refuse exchange or refund on any items sold in this manner.
    

6. All Prices are variable and may be changed without notice at our discretion.

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Delivery

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1. We will deliver the Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into, subject to availability.
    

2. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end; if we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential.
    

3. We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them. We will not be liable for any goods held due to import duties or taxes.
    

4. You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
    

5. If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering the goods to you.
    

6. The Goods will become your responsibility from the completion of delivery. You must examine the Goods before accepting them and in case of any issues you must sign for the goods as damaged. If the goods are not signed for as damaged, then no claim can be made.
    

7. We cannot be held responsible for any third party strikes or goods being held at customs and any other losses incurred by you as a result of these third party actions.
    

8. Notifications of any missing items or any queries with the delivery must be made within 3 working days of the receipt of the delivered items.
    

9. We can offer you an expedited delivery service for an addition charge. This is subject to acceptance and availability. We reserve the right to withdraw this service at any time.

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Risk And Title

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1. Risk of, damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.

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Withdrawal, Returns And Cancellation

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1. This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following goods (with no others) in the following circumstances:
   a. Goods that are made to your specifications or are clearly personalised;
   b. Once you have received the email has been sent with your licence key number
   c. Refunds on software will not be given due to supplied hardware not being compatible or having defects
   d. All consumables (printer paper, Printer Ribbon’s etc) will not be refunded or replaced if the box has been opened and used.
    

2. Also, the Cancellation Rights for a Contract cease to be available in the following circumstances:
   a. In the case of a contract for the supply of sealed audio or sealed video recordings or sealed computer software, if the goods become unsealed after delivery;
   b. In the case of any sales contract, if the goods become mixed inseparably (according to their nature) with other items after delivery.

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Right To Cancel

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1. Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason.
    

2. The cancellation period will expire after 14 days from the day on which you acquire physical possession of the last of the Goods.
    

3. To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement in writing setting out your decision (E.g. A letter sent by post or email). In any event, you must be able to show clear evidence of when the cancellation was made.
    

4. To meet the cancellation deadline, you must return the goods, at your own cost, before the cancellation period has expired.

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Effects Of Cancellation In The Cancellation Period

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1. Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you, excluding the costs of delivery. All goods must be returned in the same condition as was sent to you.

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Deduction For Goods Supplied

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1. We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (i.e. handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: E.g. It goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.

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Timing Of Reimbursement

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1. We will make the reimbursement without undue delay, and not later than:
   a. 14 days after the day we receive back from you, or
   b. (If earlier) 14 days after the day you provide evidence that you have sent back the Goods.
    

2. If no Goods were supplied, we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.
    

3. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

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Returning Goods

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1. If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to us at 8 Jackson Street, Coalville, Leicestershire, LE67 3LT without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods.
    

2. For the purposes of these Cancellation Rights, these words have the following meanings:
   a. distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
   b. sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.
    

3. If we agree to accept the return of any Products, the goods must be sent in their original packaging or same or similar material.

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Conformity

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1. We have a legal duty to supply the Goods in conformity with the Contract. We reserve the right to change the specification of the product.

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Successors And Our Sub-contractors

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1. Either party cannot transfer the benefit of this Contract to someone else. The goods cannot be resold onto any other consumers.

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Circumstances Beyond Our Control 

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1. In the event of any failure by us because of something beyond its reasonable control:
   a. We will advise the other party as soon as reasonably practicable; and
   b. Our obligations will be suspended so far as is reasonable, provided that we will act reasonably, and we will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery and any right to cancel.

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Governing Law, Jurisdiction And Complaints

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1. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
    

2. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
    

3. We try to avoid any dispute, so we deal with complaints in the following way: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within five working days.

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Excluding Liability

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1. The PhotoPod Company will not be held liable for whatever reason (E.g. If goods delivered late or faulty) and no claim can be made for breach of contract or any consequential loss as a result.

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Warranty

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1. If your product fails due to a manufacturing defect, we will repair the item free of charge. If the product is not repairable, or if the cost of repairing the item exceeds the cost of a new one we will replace the item for a new one. Any faulty items must be reported to us within 24 hours of detection.
    

2. If you’re having problems with your product, please send it back to us for inspection and repair at our registered address. (At the top of this agreement).
    

3. We would prefer that you return the item to us using a shipping method that will provide you with a tracking number and signature upon delivery and that the product is insured for full replacement value. If you do not do this, you will not be covered for any items missing in transit.
    

4. Please include your name, address and telephone number with a company of your original order confirmation when you return the item to us.
    

5. Please mark the areas in question on the product with coloured tape or masking tape, so we can find them easily. Please inform us of all defects and locations before returning the product to us.
    

6. Please return the product in clean condition.
    

7. Our normal turnaround time for repairs is two-four weeks, usually less. We will ensure to return all products as soon as possible.
    

8. You are responsible for paying the shipping charges to send products to our Warranty Department. The Photobooth Company will however absorb the return shipping charges back to you. If you request a different return service to our standard delivery service, then the additional shipping charges will be billed to you.
    

9. We also offer non warranty repairs at your own cost. Shipping charges for all non-warranty repairs are also at your own cost.
    

10. The cost of non-warranty repairs varies from one repair to another, and this can depend on the cost of the materials to the length of time that it takes for us to complete the repair. If you are concerned about the cost of repair, you can ask us to notify you of the repair costs. After your product is assessed, we will send you with a final estimate, and request you to approve the charges before any work is completed.
     

11. If we have agreed to carry out repairs or to replace Products (or any parts thereof) then you consent to us carrying out such repairs or provide such replacements as shall place the Products in proper working order as determined by us.