Photographer Cambridge, John Wright Photography

Terms and Conditions

GENERAL TERMS AND CONDITIONS AND DISCLAIMER RELATING TO USE OF THE JOHN WRIGHT PHOTOGRAPHY WEB SITE

Thank you for visiting the John Wright Photography Website (the "Web Site"). John Wright Photography is a trading name of Ede and Ravenscroft Ltd ("E&R"), a company registered in England under company number 424854, whose registered office is at 93 Chancery Lane, London WC2A 1DU.

Please note that everything on this Web Site is subject to these General Terms and Conditions and you should read these before going any further. You are treated as accepting them by using the Web Site in any way including browsing. References in these General Terms and Conditions, and in the Terms and Conditions of Sale to "we" or "us" mean E&R.

All contracts for purchase of goods are governed by the Terms and Conditions of Sale as well as these General Terms and Conditions. In the event of any conflict between such terms and these General Terms and Conditions, the Terms and Conditions of Sale (as appropriate) shall apply.

The Web Site was last updated in September 2005.

Registration

You will have a specified Unique Reference Number (URN) password (your surname). You must ensure that you keep your username and password in a safe and secure place and that you do not disclose them to anyone because you will be fully responsible for all activities which occur under your username and password. It is your responsibility to immediately notify us of any unauthorised use of your username and password or any other breach of security as soon as you become aware of it.

Intellectual Property Rights

All copyright, database rights, trade marks and other intellectual property rights in any and all aspects of the Web Site including but not limited to design, text, graphics, photographs, other images and sound and their selection and arrangement, all software (including but not limited to compilations, underlying source code, and applets) and all other material on the Web Site are owned by E&R and its affiliates, or have been licensed to E&R or its affiliates by their content and technology providers or other rights holders so that E&R or its affiliates can use such material as part of their Web Site.

You are only allowed to use the Web Site and the material contained in the Web Site as set out below. If you wish to do anything else with any of the material you must obtain the written permission of E&R or the owner of the rights in that material.

What You Are Allowed To Do

1. You may access any part of the Web Site.
2. You may electronically copy and print in hard copy any individual page for your own personal use, for the purposes of placing an order with E&R or using this Web Site as a shopping resource, as long as you do not do any of the things set out under "What You Are Not Allowed to Do".

What You Are Not Allowed To Do

1. You are not allowed to copy (whether by printing off onto paper, storing on disk or in any other way), distribute (including distributing copies), reproduce, alter, modify, tamper with in any way or otherwise use any material contained in the Web Site except as set out under "What You Are Allowed to Do" or with the express prior written permission of E&R.
2. You are not allowed to copy or use any material appearing on the Web Site for any commercial purpose at all.
3. You are not allowed to copy or otherwise use any copyright, trade mark or other intellectual property notices (whether belonging to E&R or its affiliates or licensed to E&R or its affiliates by their third party rights owners for use on the Web Site) except as specifically permitted in these General Terms and Conditions without the written permission of the owner of that trade mark or to remove any such copyright, trade mark or other intellectual property notices contained in the original material from any material copied or printed off from the Web Site.

Governing Law and Contract Formation

You may submit orders to E&R via the Web Site for the sale and/or hire by it to you of any product but no contract will subsist between you and E&R for the sale and/or hire by it to you of any product unless and until E&R confirms, by email, the particulars of your order and gives you a reference number. That acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you when you are able to access it. Acceptance by E&R does not preclude its right to cancel an order in the event that it finds it is unable to fulfil the contract and is subject to your cooling off period and cancellation terms explained in the Terms and Conditions of Sale.

In respect of any orders that are placed by telephone, by correspondence or in person, the standard E&R terms applicable to such orders in force from time to time shall apply to those orders (and only to those orders) instead of these General Terms and Conditions and the Terms and Conditions of Sale.

Information displayed on the Web Site relating to pricing and availability is subject to change by E&R without notice. The pricing which will apply to your order will be that displayed on the Web Site on the day you make the order.

For the avoidance of doubt, any contract for the sale or hire of any product from the Web Site will be deemed to have been concluded in the United Kingdom. Further, any such contract will be interpreted, construed and enforced in all respects in accordance with the laws of England, and you and E&R irrevocably submit to the exclusive jurisdiction of the English Courts.

Disclaimer as to information on Web Site

The information in this Web Site is provided free of charge and on an "as is" basis. Except for any liability in respect of fraudulent misrepresentation, E&R is not liable for any action you may take as a result of relying on any information provided in this Web Site or for any loss or damage suffered by you as a result of you taking this action.

E&R uses reasonable efforts to make sure that all material and information contained on the Web Site is correct but, subject to the above statement about fraudulent misrepresentation:

1. E&R does not accept any liability for any error or omission in the material or information;
2. All material and information contained on the Web Site is only provided for the purpose of providing information about E&R and the products and services it supplies;
3. E&R does not make any representation, term or warranty of any kind in respect of the material or information.

The Web Site includes links to external web sites. These links are provided in order to help you find out further information and to gain access to third party services and products quickly and easily. E&R is neither responsible nor liable for the content of these web sites.

Changes to terms and conditions

E&R reserves the right to make any changes to these General Terms and Conditions, or the Terms and Conditions of Sale. By browsing the Web Site you are accepting that you are bound by the then current General Terms and Conditions and if you choose to buy products, by the Terms and Conditions of Sale so you should check these each time you revisit the Web Site.

Variations to these General Terms and Conditions or the Terms and Conditions of Sale, whether in relation to any Sale Contract or otherwise, shall only be effective if posted on this Web Site in accordance with the above paragraph or where specifically accepted and agreed by us in writing.

Our company details & address:

Ede and Ravenscroft Limited
93 Chancery Lane
London
WC2A 1DU
FAX: 0207 244 2041
VAT Registration 232 1169 03.

John Wright Photography
6 Second Drove,
Fengate,
Peterborough PE1 5XA.
Fax 01733 358 090.
customer enquiries: orders@jwpschools.com

TERMS AND CONDITIONS OF SALE

These Terms and Conditions of Sale govern all products you enter into a contract to purchase on this Web Site ("Products" and a "Contract" respectively). These terms are specific to Products but Contracts are also governed by the General Terms and Conditions which you should also read. Variations to these Terms and Conditions of Sale shall only be effective if posted on this Web Site or where specifically accepted and agreed by us in writing.

Supplier of Products

The Products you purchase will be supplied by Ede and Ravenscroft Limited ("E&R") which is located at the address set out in the General Terms and Conditions

Description of Products

Every care has been taken to describe and portray Products on this Web Site accurately using current technology, but variations in actual goods may occur.

Price

The prices of Products are stated on the Web Site and unless stated otherwise are quoted inclusive of VAT applicable to supply in the UK. Where VAT does not apply, a price adjustment will be made and a copy of your ex VAT invoice will be dispatched with your goods. The prices are subject to change without notice.

Contracts

Contracts are formed in accordance with the timing and procedure set out in the General Terms and Conditions.

Input of Incorrect Information

We cannot accept any liability for any failure to comply with specific instructions stated on this Web Site or for any incorrect information provided by the customer.

Stock and Delivery Dates

We cannot guarantee permanent or continuous availability of all Products. Approximate dispatch times for all Products is 14 working days. Non-stock items will be ordered in and will therefore carry longer delivery times to stock items. They will be dispatched as soon as they are available.

Delivery address and overseas deliveries

We will deliver Products to the address you supply when ordering on the Web Site. It would be helpful if you would provide an address where someone will be in (work address, neighbour, friend etc.). We are not responsible for any delay in delivery caused by the unavailability of someone to take personal delivery of the Products. It is your responsibility to contact the post office or relevant courier company as applicable to arrange the collection or delivery of Products that could not be delivered because you were unavailable.’

Delivery charges

Delivery charges vary by location and type and combination of Products ordered. Delivery charges will be notified to you on the Web Site when you place an order and confirmed to you in a confirmatory email.

Overseas orders

We can accept orders from most overseas addresses. Please note for all orders delivered outside the EU, Products are DDU (delivered duty unpaid). Any local charges incurred must be met by the recipient of the Products.

Cooling off period

Without prejudice to your statutory rights (which you can find explained online or by your Local Authority trading standards department or Citizens Advice Bureau), there is no right to cancel the purchase of Photographs or personalised products without charge. In accordance with the accepted practises of all professional photographers and photographic laboratories, the return of, or demands for refund or refusal to settle charges in relation to any photographs or prints or personalised products of reasonable quality will not be accepted. We cannot be responsible for individual tastes or expectations.

General guarantee and returns policy

Products

Without prejudice to the above, if you receive damaged or unsuitable goods, you may return the products at our expense and a replacement or full refund will be provided. You should return any such Products to John Wright Photography, 5-7 Second Drove Fengate Peterborough PE1 5XA, England. You are responsible for the costs of returning the Products. We will process returns as soon as they arrive, except during extremely busy periods when there may be a short delay.

When returning Products on which you have received any promotional or other discount the refund will only cover the price you paid.

Our cooling off period

We will make every effort to fulfil Contracts, however, you acknowledge that if for any reason we are unable to fulfil your Contract, we may inform you within 72 hours of sending our initial confirmatory email and you will receive a full refund in respect of the Contract.

Transit

When sending a return (whether under your cooling off rights or otherwise), you must take reasonable care to see the Product reaches us undamaged and we therefore strongly recommend that you send it by registered post (or international equivalent).

Statutory rights

The rights of cancellation and refund and any limitations on those rights expressed in these terms and conditions do not affect your statutory rights.

Refunds for Products purchased on this Web Site can only be credited to the credit or debit card originally used to make the purchase. If we are unable to put the refund through on this card for any reason, we will contact you on the email address supplied by you to discuss alternative arrangements.

Amendments to Contracts

We will consider requests to amend Contracts, in terms of changing Products or other details, but subject to anything to the contrary set out in these terms and conditions and subject to your cooling off rights, we are not obliged to accept any and we reserve the right to charge an administration fee for any amendment we agree to. Any such fee will be as stated on the Web Site on the day the relevant change is agreed to by us.

Liability

E&R's total liability for any claim howsoever arising shall not exceed the price of the Products supplied by E&R to you. E&R shall not be liable for any loss of profits, wasted time or any indirect, special or consequential losses whether any such losses or wastage arise from a breach of contract, negligence or in any other way and irrespective of whether E&R was or ought reasonable to have been, aware of the possibility of such losses.

For the avoidance of doubt, E&R's liability for: (a) death or personal injury resulting from its negligence or that of its servants or agents; (b) breach of any condition as to title or quiet enjoyment of or in relation to any goods supplied by it under any agreement for hire or sale; (c) under Part I of the Consumer Protection Act 1987; (d) fraudulent misrepresentation or (e) in relation to any other liability, including any liabilities under sale of goods or supply of services legislation, that may not by applicable law be excluded or limited; is not excluded or limited by this agreement, even if any other term of this agreement would otherwise suggest that this might be the case.

Payment

Payment for Products will be made via the Web Site in accordance with the procedure explained in the Web Site.

Delay and failure to perform

E&R shall not be liable for any breach of any Contract which arises by reason of any delay in performing, or any failure to perform, any of its obligations in relation to any Product, if the delay or failure was due to any cause beyond its reasonable control.

Photograph Copyright

Between you and E&R, we retain full, unlimited, worldwide copyright and other intellectual property rights in all Photographs purchased on this Web Site and we do not supply negatives.

The Photographs are solely for personal display purposes and may not be copied, published, reproduced or stored on any electronic retrieval system without the express written permission of Ede & Ravenscroft. The Photographs will be supplied on paper or on CD as indicated on the Web Site.

Anyone taking part in a group photograph at a ceremony does so voluntarily and on the basis that they consent to the fact that it may be displayed and made generally available for sale on this Web Site (and any successor to this web site) and in other E&R publications and used for promotional purposes. This consent cannot be withdrawn.

Individual Photographs available on the Web site are not reproduced on the Web Site. Any sample individual Photograph included, whether in "thumbnail" or full form is for sample.

Disclaimer

Photographs will, in time, fade. This is particularly true if they are left in bright sunlight and are not behind glass. Ede & Ravenscroft Photography cannot accept any responsibility for this gradual image deterioration.

Representations

Our employees or agents are not authorised to make any representations concerning the Products unless such statements are confirmed by E&R in writing. Subject to the above statement about fraudulent misrepresentation, in entering into a Contract you acknowledge that you do not rely on any such representations which are not so confirmed.