Important Notes
Please read these Terms & Conditions in conjunction with the Privacy Policy. Read these Terms & Conditions ("Terms", "Terms & Conditions") carefully before using the www.gillmanandsoame.co.uk website (the "Service") operated by Gillman & Soame UK Ltd ("us", "we", or "our").
Your use of the website or any part of it is subject to the Terms & Conditions of Sale. You are deemed to have agreed to and accepted these Terms if you continue to browse, make purchases, or otherwise use the Website.
The company may change Terms & Conditions & Privacy Policy from time to time, so check this page occasionally to ensure satisfaction with any changes.
Registered office:
Gillman & Soame UK Ltd.
Units 7 & 8 Chancerygate Business Centre
Langford Lane
Kidlington
Oxfordshire
OX5 1FQ
England
Contact: action@gillmanandsoame.co.uk or 01869 328 200.
Registration number: 04508575. Date incorporated: 12/08/2002. Registered in the United Kingdom.
1. Content and Use
1.1 General Information
Website content is for general information and use only, subject to change without notice.
1.2 User Responsibility
Use of any information or materials on the Website is entirely at your own risk, for which the company shall not be liable. You are responsible for ensuring that products, services, or information available through the Website meet your specific requirements.
1.3 Intellectual Property
The Website contains material owned by or licensed to the company, including design, layout, look, appearance and graphics. Material is protected by intellectual property laws including copyright.
1.4 Restrictions
You may not download for storage material from the website unless specifically directed to do so. The redistribution, republication, or otherwise making available of material on the Website to third parties is prohibited.
1.5 Unauthorised Use
Unauthorised use of the Website may give rise to a claim for damages and/or be a criminal offence.
1.6 Linking
You may not create a link to the Website from another website or document without prior written consent.
2. General
2.1 Application of Terms
These Terms & Conditions shall apply to all contracts for the supply of goods pursuant to one or more Customer Order.
2.2 Order Confirmation
Where the company shall supply goods, the goods to be supplied, the price payable, and any other special Terms agreed between the parties shall be set out in your Order Confirmation. All Orders shall be subject to these Terms & Conditions.
2.3 Changes and Variations
No changes or variations to these Terms & Conditions or any Customer Order shall be effective unless confirmed in writing.
3. Purchases
3.1 Your Statutory Rights
You are encouraged to familiarise yourself with statutory rights contained within the Sale of Goods Act 1979, Unfair Contract Terms Act 1977, and the Unfair Terms in Consumer Contracts Regulations 1999.
3.2 Purchase Information
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase.
3.3 Representation and Warranty
You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) and that the information you supply is true, correct, and complete. You expressly agree that the company is not responsible for any loss or damage arising from the submission of false or inaccurate information.
3.4 Information Submission
By submitting such information, you grant the company the right to provide the information to third parties (for example: A Credit Card Merchant Service) for purposes of facilitating the completion of Purchases.
3.5 Order Refusal
The company reserves the right to refuse or cancel your order at any time for certain reasons, including but not limited to product or service availability, errors in the description or price, or other reasons. You expressly agree that the company cannot accept any liability for loss or damage arising out of such cancellation.
3.6 Fraud Prevention
The company reserves the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.
4. Price and Payment
4.1 Payment Terms
All products must be paid for in advance of dispatch. Payments can be made using most major Credit Cards. All prices are stated in Pounds Sterling and include VAT; prices are subject to change without notice. The price and any taxes and expenses for the goods and/or services shall be as specified in your order confirmation.
4.2 Receipt Confirmation
As you shall pay in full for all orders at the point of sale, your order confirmation is also a receipt.
4.3 Additional Goods
If additional goods or resources are to be provided, such agreement will be reflected in a further order confirmation.
4.4 Order Cancellation
As the company's photography products are bespoke, any order cancellation will only be accepted within 24 hours of the order being placed.
4.5 Cancellation Restrictions
Orders for digital download products cannot be cancelled once the download has been sent.
5. Accounts
5.1 Account Creation
When you create an account, you must provide accurate, complete, and current information.
5.2 Password Security
You are responsible for safeguarding the password and must notify the company immediately upon becoming aware of any breach of security or unauthorised use of your account.
5.3 Username Restrictions
You may not use as a username the name of another person or entity or that is not lawfully available for use.
5.4 Liability
The company cannot be held liable for any loss or damage arising out of any misrepresentations you make in this regard.
6. Warranty
6.1 Product Assurance
The company assures and guarantees that all goods and materials provided under this Agreement will be devoid of any defects in both material quality and craftsmanship.
6.2 Defective Goods
Where there is a breach of the warranty contained in this Clause, you may require the company to repair or replace the defective goods at its risk and expense. Items repaired or replaced shall be subject to these Terms & Conditions in the same manner as those originally delivered under this Agreement.
7. Delivery
7.1 Delivery Address
Delivery of the goods shall be made to the address you provide when completing your order.
7.2 In-Transit Period
Packages can still be classed as 'in transit' for up to 20 working days from the date that it has been dispatched. Therefore, if you have not received your order, please wait 20 working days from the date that you are notified of dispatch before contacting the company.
7.3 Customs and Duties
Any Customs or import duties are charged once the parcel reaches its destination country. These charges must be paid by the recipient of the parcel. Should the parcel be returned, handling costs and specific country shipping costs will be applied to resend the order.
7.4 Payment Processing Security
The company uses payment processors through a secure encrypted payment handshake when a transaction is submitted. Payment data is not stored.
8. Title, Copyright, and Intellectual Property
8.1 Title Assurance
Gillman & Soame UK Ltd warrants that it has good title to the goods and that it will transfer such title as it may have in the goods to you.
8.2 Copyright Protection
In the case of Photographs, full Copyright is retained by Gillman & Soame UK Ltd., and no copies shall be made of such photographs by you.
8.3 Intellectual Property Rights
All Intellectual Property Rights are reserved by Gillman & Soame UK Ltd in respect of all work created by them. These Rights are protected by Copyright. Photographs may not be copied, published or reproduced without express written permission.
9. Risk
The goods will be and shall remain at the company's risk until such time as they are delivered to you and are found to be in good condition by you.
10. Inspection of Goods
10.1 Inspection Requirement
You are required to inspect your goods upon delivery.
10.2 Damaged Goods
Where goods are damaged, please notify the company as soon as possible. You may reject the damaged goods, and specific provisions shall apply.
10.3 Shortages
Where there are shortages in the order, please notify the company as soon as possible.
10.4 Return Procedure
When goods need to be returned, taking your package to the nearest Post Office counter and obtaining a "Certificate of Posting" is highly recommended.
11. Refunds and Returns
11.1 Final Sale Policy
Pay particular attention to the detailed product descriptions, including dimensions, frames, and output finish, for all products. Given the bespoke nature of photography production and printing, it's crucial to understand that photographs are produced at your request and in line with your specifications at the time of the order. Therefore, once a sale is made, it is deemed final.
11.2 No Returns for Digital Products
Orders for digital products cannot be refunded once the download has been sent. No refund or return is available on Images on USB or email products.
11.3 Timeframe for Returns
You have 14 days to return any item(s) not excluded by points 11.1 and 11.2 above.
Return address:
Gillman & Soame UK Ltd.
Units 7 & 8 Chancerygate Business Centre
Langford Lane
Kidlington
Oxfordshire
OX5 1FQ
England
Include a copy of your invoice and note why you are returning the goods. Unwanted items may incur a handling charge.
11.4 Damaged or Faulty Goods
You MUST notify the company of damaged or faulty goods within 14 days of receipt. Please contact action@gillmanandsoame.co.uk or telephone 01869 328 200. Depending on the circumstances, the company may either ask you to return the item or send a photograph of the damaged item before you dispose of it. The company will arrange to send a replacement without delay as soon as the required information is received.
11.5 Incorrect Photographs
If you receive an incorrect photograph, i.e. the company has sent you one or more items which you didn't order, you must notify them upon receipt. The company will process the correct item to you at no extra charge. If you have received the wrong item because you placed an order for one or more incorrect items, please refer to points 11.1 and 11.2 above.
12. Complaints
Complaints must be made directly to the company within 3 working days of receipt of goods. All complaints should be sent via email to action@gillmanandsoame.co.uk.
13. Jurisdiction and Acceptance of these Terms & Conditions
13.1 Jurisdiction
The Website is controlled and operated by the company from its offices in the United Kingdom. The formation, existence, construction, performance, validity in all aspects whatsoever of these Terms & Conditions or of any term of these Terms & Conditions or any dispute in relation to the materials contained in this Website shall be governed by UK law.
13.2 Acceptance
Your continued use of the Website indicates your acceptance of these Terms & Conditions.
14. Liability
14.1 Compatibility Assurance
The company does not guarantee that use of the Website will be compatible with all hardware and software.
14.2 Limitation of Liability
Except as set out in clause 14.3, the company will be under no liability to you whatsoever for any injury, death, damage, or direct, indirect, or consequential loss.
14.3 Exceptions
These Terms & Conditions do not exclude the company's liability to you for personal injury or death resulting from its negligence, for fraud or for any matter which it would be illegal for the company to exclude or to attempt to exclude its liability.
14.4 Information Accuracy
The company cannot and does not guarantee the accuracy or completeness of any information on its website.
14.5 Terms Enforcement
The company's failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
14.6 Maximum Liability
In the event that a court deems the company liable, its total liability shall be restricted to £250 for any single incident or a connected series of incidents, and a maximum of £1,000 for all incidents within any 12-month period. If the company is found liable for a particular incident (or a closely related series of incidents), the maximum amount they would be liable for is £250. Even if there are multiple incidents over a 12-month period, the total liability of the company for all these incidents combined would not exceed £1,000.
15. Website Changes or Termination
15.1 Modification Rights
The company reserves the right to modify or replace any of its Terms at any time. What constitutes a material change will be determined at its sole discretion.
15.2 User Agreement
By continuing to access or use the service after those revisions become effective, you agree to be bound by the revised Terms.
15.3 Operational Changes
The company may suspend or terminate the operation of the Website or suspend or terminate provision of any products or services offered, for support, maintenance work, or for any other reason. It may do this at any time and without notice.
16. Entire Agreement
These Purchase Terms form the entire agreement between you and Gillman & Soame UK Ltd and supersede any other oral or written communications, agreements, or representations with respect to your use of this Service.