Terms & Conditions

Last updated: 7th August 2020

Clauses

1. Definitions and Interpretation
2. Basis of sale
3. Returns
4. Delivery
5. Title and risk
6 Price and payment
7. Limitation of liability
8. Events outside our control
9. Accounts
10. Privacy Policy
11. Intellectual Property
12. Disclaimer
13. Disclaimer for Photocast Designer Tool
14. Governing Law
15. Changes

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the https://photocast.co.uk website (the “Service”) operated by

Photocast Products Limited,
78 Venture Point West,
Evans Road,
Speke,
Liverpool,
United Kingdom,
L24 9PB

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

If you have any questions about these Terms, please contact us.

 

1. Definitions and Interpretation

1.1   The definitions in this clause apply in the terms and conditions set out in this document:

‘Us’, ‘We’, ‘Our’: relates to Photocast Products Limited.

‘Force Majeure Event’: shall have the meaning given in clause 9.

‘Goods’: the products that we are selling to you as set out in the Order.

‘Order’: your order for the Goods as set out overleaf [Delete if not applicable].

‘Order Confirmation’: shall have the meaning set out in clause 2.6.

‘Terms’: the terms and conditions set out in this document.

Writing’ or ‘written’ includes faxes and e-mail.

1.2   Headings do not affect the interpretation of these Terms.

 

2. Basis of sale

2.1   We consider that these Terms, the Order and our price list set out the whole agreement between you and us for the sale of the Goods. Please check that the details in the Terms or on the Order are complete and accurate before you commit yourself to the contract. If you think there is a mistake or omission in these documents, please contact us immediately.

2.2   Any changes to the specification of the Goods or other variation to the Terms or Order that you agree with our authorised employees and agents will be only be binding if recorded in writing. We only accept responsibility for statements and representations by our authorised employees and agents that are made in writing. Please ensure that you read and understand these Terms before you sign and submit the Order, because you will be bound by them once a contract comes into existence between us in accordance with clause 2.6.

2.3   Any samples, drawings, or advertising we issue, and any illustrations contained in our catalogues or brochures, are produced solely to provide you with an approximate idea of the Goods they describe.

2.4   If any of these Terms are inconsistent with any term of the Order, the Order shall prevail.

2.5   The Order is an offer by you to enter into a binding contract, which we are free to accept or decline at our absolute discretion.

2.6   These Terms shall become binding on you and us when:

(a)            we issue you with written acceptance of an Order (Order Confirmation); or

(b)           we notify you that the Goods are ready,

whichever is the earlier, at which point a contract shall come into existence between us.

2.7   Any quotation for the Goods is given on the basis that a binding contract shall only come into existence in accordance with clause 2.6. A quotation shall be valid for a period of one calendar month from its date of issue, unless we notify you in writing that we have withdrawn it during this period.

2.8   We shall assign an order number to the Order and inform you of it. Please quote the order number in all subsequent correspondence with us relating to the Order.

2.9   You may within 14 calendar days of placing an Order amend or cancel an Order by providing us with written notice. If you amend or cancel an Order, your liability to us shall be limited to payment to us of all costs we reasonably incur in fulfilling the Order until we receive your amendment or cancellation, except that where the amendment or cancellation results from our failure to comply with these Terms you shall have no liability to us for it.

2.10   You will receive an automatic confirmation email immediately after checkout. If you have not received a confirmation email after placing your order, please check your junk/spam folder. You will receive another email when we dispatch your order.

2.11   If it is not in your junk/spam folder, you may have incorrectly entered your email during checkout. Please contact us using the contact form and we can amend this on your order and re-send the email (please make sure you have entered your email address correctly on the contact form or we can’t reply.)

2.12   We have the right to revise and amend these Terms from time to time to reflect 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. You will be subject to the policies and terms in force at the time that you order the Goods from us, unless any change to those policies or these Terms is required by law or government or regulatory authority (in which case, it will apply to orders you have previously placed that we have not yet fulfilled).

2.13   Please note that any orders received Friday, Saturday and Sunday will not be processed until the following week.

 

3. Returns

3.1   We offer a 14-day money back guarantee on all our products provided the products are returned unused, in the original packaging and with everything included with that product, including the authenticity certificate, included band set and any other accessories or paperwork included with the product that is being returned. We will only process a full refund if all included items dispatched with the product are returned to us in the same condition they were dispatched.
3.2   Refunds will be processed through the relevant payment system once we’ve received and inspected the returned product/s.
3.3   All customers are required to pay for return shipping. This may be refunded (up to the same value as the shipping on your original order or £5 if shipping was free) upon receipt of the returned goods if the goods are being returned because they arrived to you in an unsatisfactory condition. However we will not refund any shipping costs if the goods are being returned because they have been ordered by mistake, the wrong size/colour has been ordered or the product/s are simply no longer wanted.
3.4   If products that are returned to us are found to have been used and/or damaged by the customer, we will not refund the return shipping costs or any value of the order.

 

4. Delivery

4.1   Our dispatch times vary dependant on item(s) being ordered and/or manufactured.

(a)   For custom designed Zinc plaques we aim to manufacture and dispatch orders within 7 to 10 working days from receiving the final confirmation of artwork – for orders of stocked zinc items we aim to dispatch within 2 to 3 working days from receipt of your order.

(b)   For custom designed Bronze plaques we aim to manufacture and dispatch orders within 30 working days from receiving the final confirmation of artwork – for order of stocked Bronze items we aim to dispatch within 7 to 10 working days from receipt of order.

4.2   Delivery of the Order shall be completed when we deliver the Goods to you.

4.3   We will take reasonable steps to meet the delivery date set out on the Order or as otherwise agreed between us in writing. However, occasionally delivery may be affected by factors beyond our control and so cannot be guaranteed. We will let you know if we become aware of an unexpected delay and will arrange a new delivery date with you.

4.4   If you fail to take delivery of an Order within 14 calendar days of the date set out in the Order or of which we notify you that the Goods are ready, then, except where this failure is caused by our failure to comply with these Terms or by an event beyond your control:

(a)            we will store the Goods until delivery takes place and may charge you a reasonable sum to cover expenses and insurance.

(b)           we shall have no liability to you for late delivery.

4.5   If you have not taken delivery of the Goods within four weeks of the date set out in the Order or of our notifying you that they are ready, we may, after giving you reasonable prior notice in writing, resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, pay you for any excess over the price of the Goods or charge you for any shortfall below their price.

4.6   If we are not able to deliver the whole of the Order at one time due to operational reasons or shortage of stock, we will deliver the Order in instalments. We will not charge you extra delivery costs for this. If you ask us to deliver the Order in instalments, we may charge you extra delivery costs. Each instalment shall constitute a separate contract. If we are late delivering an instalment or one instalment is faulty, that will not entitle you to cancel any other instalment.

4.7   Once your order has been dispatched, another email will be sent to you with a tracking number and a link you can follow to the Royal Mail tracking system. Please check for these emails regularly and be sure to check your junk/spam folders (and white-list/safe-list our email address if you find us in your junk/spam folders so it doesn’t happen again.)

4.8   Occasionally we do run out of stock or experience delays and we will contact you if there will be any significant delays to your order.

 

5. Title and risk

5.1   The Goods will be your responsibility from the time of delivery.

5.2   Ownership of the Goods will only pass to you when we receive payment in full of all sums due for the Goods, including delivery charges.

 

6. Price and payment

6.1   The price of the Goods will be as set out in the quotation we provided to you or, if we have not provided a quotation or the quotation has expired, in our price list in force at the time we confirm your Order. Prices are liable to change at any time, but price changes will not affect Orders that we have confirmed in writing.

6.2   These prices include VAT unless otherwise stated. However, if the rate of VAT changes between the date of the Order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Goods in full before the change in the rate of VAT takes effect.

6.3   These prices exclude delivery costs, which will be added to the total amount due.

6.4   It is always possible that, despite our best efforts, some of the Goods we sell may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that, where the Goods’ correct price is less than our stated price, we will charge the lower amount when dispatching the Goods to you. If the Goods’ correct price is higher than the price stated on our price list, we will normally, at our discretion, either contact you for instructions before dispatching the Goods, or reject the Order and tell you. If the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error, we do not have to provide the Goods to you at the incorrect (lower) price.

6.5   If you do not make any payment due to us by the due date for payment, we may charge interest to you on the overdue amount at the rate of 8% a year, and charge a penalty under the Late Payment of Commercial Debts (Interest) Act 1998. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. Without limiting any other remedies or rights that we may have, if you do not pay us on time, we may cancel or suspend any other outstanding Order until you have paid the outstanding amounts.

6.6   Clause 6.5 shall not apply for the period of the dispute if you dispute the payment owing in good faith and let us know promptly after you have received the invoice that you dispute it.

 

7. Limitation of liability

7.1   Subject to clause 7.2 and clause 7.3, if either of us fails to comply with these Terms, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these Terms.

7.2   Subject to clause 7.3, neither of us shall be responsible for losses that result from our failure to comply with these Terms which fall into the following categories:

(a)   loss of income or revenue;

(b)   loss of profit;

(c)   loss of business;

(d)   loss of anticipated savings;

(e)   loss of data; or

(f)   any waste of time.

However, this clause 7.2 shall not prevent claims for foreseeable loss of, or damage to, your physical property.

7.3   Nothing in this agreement excludes or limits in any way our liability for:

(a)   death or personal injury caused by our negligence;

(b)   fraud or fraudulent misrepresentation;

(c)   any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;

(d)   defective products under the Consumer Protection Act 1987; or

(e)   any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.

 

8. Events outside our control

8.1   We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (Force Majeure Event).

8.2   A Force Majeure Event includes any act, event, non-occurrence, 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; or

(f)   pandemic or epidemic.

8.3   Our obligations under these Terms are suspended for the period that the Force Majeure Event continues, and we will have an extension of time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms can be performed despite the Force Majeure Event.

 

9. Accounts

9.1   When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

9.2   You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

9.3   You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

9.4   We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

9.5   All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

9.6   We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

9.7   Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

9.8   All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

10. Privacy Policy

10.1   When you create an account with us, we promise to abide by our Privacy Policy. To view this document, please click the link provided. There is also a link in our footer Quick Links section.

 

11. Intellectual Property

11.1   The Service and its original content, features and functionality are and will remain the exclusive property of Photocast Products Limited and its licensors.

 

12. Disclaimer

12.1   Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

 

13. Disclaimer for Photocast Designer Tool

13.1   All imagery used in this designer tool is to give an artistic impression of how your plaque may look with regards to font, spacing and design – we will send you full proof prior to production for your final confirmation of order.

13.2   All text input will be etched and Photocast Products Ltd holds no responsibility for spelling mistakes, punctuation errors or incorrect information input.

13.3   All text and images input using in this design tool, when manufactured, will be raised on the background of the plaque by around 1mm to 1.5mm – if you require anything other than this could you please contact us on using the contact form on the website and let us know your requirements.

 

14. Governing Law

14.1   These Terms shall be governed and construed in accordance with the laws of United Kingdom without regard to its conflict of law provisions.

14.2   Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

 

15. Changes

15.1   We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

15.2   By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Online Shop & Design Tool

Don’t forget to visit our online shop where you can buy any of our standard products or even create your own bespoke plaque using our Design Tool.

And if you need any help or advice regarding any of our products, we’re happy to help and we’d love to hear from you. Simply use the Get In Touch page to contact us.