 | |  Terms of Use
TERMS & CONDITIONS Status of Terms These terms constitute a legal document ("the Agreement"), which sets out the rights and obligations of you as a purchaser ("you"), and those of Eclat Services Ltd trading as Eclat Photographic ("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 Eclat Photographic services, you agree to the terms of this Agreement, and you re-affirm that agreement every time you use any of our services.
You agree to: provide true, accurate, current and complete information about you as prompted by our registration form (such information being the "Registration Data"); and 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 Eclat Photographic has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Eclat Photographic has the right to suspend or terminate your account, cease supply and refuse you any and all current or future use of the Eclat Photographic site (or any portion of it).
Place of performance and applicable law. Eclat Services Ltd is a company registered in England and unless otherwise specified, the products on this site are directed solely at those who access this site from the United Kingdom mainland. Eclat Photographic 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.
Placing an order Before you submit an order with Eclat Photographic you will be provided with information such as a description, price and delivery charges of the good or services ordered. We suggest that you print a hard copy of the information or save a copy for your records. Goods supplied to you by Eclat Photographic will correspond with their prices and description (subject to E & OE). If at any time this is not the case Eclat Photographic will give you the right to cancel the order prior to shipment. In the unlikely event that an incorrect price is shown on our website. Eclat Photographic reserves the right to abstain from fulfilling the order at that price. You will be notified of the error when you will be informed of the correct price. You will have the choice to proceed or cancel the order.
Right to cancel an order You have the right to cancel any contract prior to the goods being shipped or if the goods are never received. After the goods have been shipped then you must follow our returns proceedure to cancel an order. A cancellation notice must be sent by e-mail to Eclat Photographic at cancel@eclat-photographic.co.uk or cancelled using our online cancellation form. This must state your name, a description of the goods or services concerned and the number of the contract that you are cancelling.
Return of Goods You have the right to cancel any contract within 7 working days. The 7 working days will start the day after receipt of the goods. You must take good care of goods that you intend returning to Eclat Photographic. Eclat Photographic will only accept the return of goods that were originally supplied by Eclat Photographic. Returns will only be accepted in their original packaging provided the goods and packaging do not exhibit any signs of wear or tear. Any returned goods that can not be re-sold as new will only be refunded to their mail order return value. Any use of the delivered goods beyond that necessary to inspect the goods on delivery will invalidate your right to return them to Eclat Photographic. Please use our returns form to request a Goods Return Number. Goods must be returned to Eclat Photographic, Isilwana, Foxley Lane, Binfield, Bracknell, RG42 4EE or be available for collection by Eclat Photographic. No returns will be accepted without first obtaining a Goods Return Number. The cost of returning goods is non-refundable, and where Eclat Photographic collects goods the direct cost of such will be deducted from the refund. Once we have issued a Goods Return Number and we are in possession of the returned goods, Eclat Photographic will make a refund of the contract price to the debit or credit card used to purchase the goods. Provided all conditions are met all monies will be refunded within 30 days of receipt of the returned goods. Software returns - Software may only be returned if it is unopened and in its original packing. This policy is to avoid any potential breach of the Copyright Descriptions and Patent 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.
Content Eclat Photographic shall not be liable for any loss or damage that arises from the use of any of the information contained in any part of this site. Some links on this site will lead to sites that are not under the control of Eclat Photographic. Eclat Photographic will not accept responsibility or liability for the material on any site that is not under the control of Eclat Photographic.
Limitation of Liability 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 Eclat Photographic. Subject to clause 6.1, you agree that Eclat Photographic 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 Eclat Photographic'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 Eclat Photographic has been advised of the possibility of such loss or damage). The only liabilities that Eclat Photographic can exclude are those arising from the following: In cases where losses were not foreseeable to both parties when the contract was formed. Where losses were not caused by any breach on the part of Eclat Photographic. For any business losses, and / or losses to non-consumers.
Delivery Orders received by 2pm are normally dispatched the same day for next day delivery (weekends incur extra charge). We guarantee all orders will be received within 30 days. If Eclat Photographic cannot delivery within 30 days you will be notified as soon as possible to arrange a different delivery time. You will at this point be given the option to cancel your order.
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: e-mail: sales@eclat-photographic.co.uk or Fax: 01344 455098 All complaints will be taken seriously and will be investigated as soon as they are brought to our notice. We will rectify any problems as soon as possible.
Copyrights All designs, text, graphics and their selection and arrangement on this site are the copyright of Eclat Photographic or its content providers. As a visitor to the Eclat Photographic 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 Eclat Photographic's prior written consent is strictly prohibited.
Software 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. 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: disassemble, reverse engineer, decompile or in any other way interfere with the Software; copy or modify the Software; or create any new Software partly or wholly based on the Software.
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. You must not transfer, assign or sub-license your right to use the Software or attempt to do so.
Matters Beyond our Reasonable Control Eclat Photographic 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, lightening, 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.
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.
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