1.Status of Terms
1.1 These terms constitute a legal document (“the Agreement”), which sets out the rights and obligations of you as a purchaser (“you”), and those of Blink of an Eye Photography Ltd (“Blink of an Eye Photography”, “we” or “us”), in relation to the services and products offered by us through this site or through our photography studio. By registering for Blink of an Eye’s Photography services, you agree to the terms of this Agreement, and you re-affirm that agreement every time you use any of our services.
1.2 You agree to:
1.2.1 provide true, accurate, current and complete information about you as prompted by our registration form (such information being the “Registration Data”); and
1.2.2 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 Blink of an Eye Photography has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete.
2. Place of performance and applicable law.
Blink of an Eye Photography Ltd is a company registered in England. Unless otherwise specified, the materials on this site are directed solely at those who access this site from the United Kingdom mainland. Blink of an Eye Photography 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.
3. Placing an order
3.1 Goods supplied to you by Blink of an Eye Photography will correspond with their prices and description. If at any time this is not the case Blink of an Eye Photography will give you the right to reject the goods within a reasonable time period for a full refund.
3.2 In the unlikely event that an incorrect price is shown on our website. Blink of an Eye Photography reserves the right to abstain from fulfilling the order at that price. You will of course be notified, and at which point you will be informed of the correct price, and given the choice to proceed with the order.
4. Returns Policy
Subject to the right of Consumers to return goods for refund under The Supply of Goods and Services Act and Distance Selling Regulations, Blink of an Eye Photography does not sell products on a trial basis. Customers are strongly advised to check suitability and specifications of products before ordering.
4.1 Cancellations
You have the right to cancel your purchase at any time either before or up to 7 days following the day you receive the goods by:
e-mailing us stating your name, a description of the goods or services concerned and the order number of the cancelled order, or telephone us on 07795108997
(Wednesday to Friday from 9.30am to 6pm excluding public holidays) – please have your order reference number and delivery details to hand.
4.2 If you exercise your right to cancel your order after the goods have been despatched, you will be responsible for returning the goods to Blink of an Eye Photography at your own risk and cost, therefore, we strongly recommend you use an insured delivery method such as Royal Mail Special Delivery. All returns are subject to the following conditions, except where the goods are faulty or incorrectly described on the website.
Your product must be complete and in ‘as new’ condition (e.g. if you have opened the box to examine the product you must have done so without damaging or marking the product or packaging).
It must not have been used or installed. It should be returned with the original box, packing and accessories you received with it.
A proof of purchase must be supplied.
We will not refund any items that have been specially ordered to your individual specification or personalised.
Goods returned outside the 7 days cancellation period (but within 28 days of receipt) that can not be re-sold as new will only be refunded to their mail order return value and a credit note may be issued.
Where we have made a charge for postage, this will be deducted from your refund if the goods have been despatched to you.
4.3 You cannot cancel your purchase when:
the goods were a special order to your specification; or 28 days has elapsed following receipt of the goods
Until such time as you return the goods to us you must take reasonable care of the item(s) and not use them. Any use of the delivered goods beyond that necessary to inspect the goods upon delivery will invalidate your right to cancel the contract.
4.4 Authorising the Return
You must prior to returning any goods received, contact us Customer Services on 07795108997 or e-mail us at enquiries@blinkofaneyephotography.co.uk stating your name, a description of the goods or services concerned and the order number of the cancelled order. Failure to do so will result in a delay in processing your refund or the product being returned to you. All authorised returns must be returned to the distributor as per shipping note.
4.5 Faulty or incorrectly described Goods
You will always have the option of an exchange or refund if the fault occurs within 28 days of delivery. In all cases we reserve the right to inspect the product and verify the fault and, if no fault is found return the product to you. No refund will be processed until the returned goods have been received by ourselves and an appraisal made as to any fault.
4.6 To qualify for a refund or exchange the products must be:
in otherwise “as new” condition; and complete with any accessories and free gifts offered with it (and, if possible, the original box and packaging and warranty).
4.7 All monies for authorised returns will be refunded within 30 days of receipt of your returned goods.
4.8 This promise does not cover faults caused by accident, neglect, misuse or normal wear and tear.
4.9 Any refund due to a fault or other defect will include a refund of the delivery charge. We will also pay for your costs of returning the goods for replacement or refund. Replacement goods are sent by standard delivery only (i.e. premium services are not available).
4.10 THIS RETURNS POLICY DOES NOT AFFECT YOUR LEGAL RIGHTS. DETAILS OF YOUR LEGAL RIGHTS ARE AVAILABLE FROM THE CITIZENS ADVICE BUREAU OR CONSUMER DIRECT.
5. Limitation of Liability
5.1 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 Blink of an Eye Photography.
5.2 Subject to clause 5.1, you agree that Blink of an Eye Photography 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 Blink of an Eye Photography’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 Blink of an Eye Photography has been advised of the possibility of such loss or damage).
5.3 The only liabilities that Blink of an Eye Photography can exclude are those arising from the following.
5.3.1 In cases where losses were not foreseeable to both parties when the contract was formed.
5.3.2 Where losses were not caused by any breach on the part of Blink of an Eye Photography.
5.3.3 For any business losses, and/or losses to non-consumers.
7. Delivery
We guarantee all orders will be received within 45 days. If Blink of an Eye Photography cannot delivery within 45 days you will be notified immediately to arrange another time for delivery, or if you would prefer, to cancel your order.
8. 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 at enquiries@blinkofaneyephotography.co.uk Phone: 07795108997 or write to: Blink of an Eye Photography, Unit 43, Space Business Centre, Tewkesbury Road, Cheltenham, Gloucester, GL51 9FL. All complaints are taken seriously and will be investigated as soon as they are brought to our notice. We will endeavour to rectify any problems as soon as possible.
9. Copyrights
All designs, text, graphics and their selection and arrangement on this site are the copyright of Blink of an Eye Photography or its content providers. As a visitor to this site you are only permitted to copy electronically or to print portions of this site that have been prior agreed by Blink of an Eye Photography in advance. Any other use of materials on this site without Blink of an Eye Photography’s prior written consent is strictly prohibited.
Blink of an Eye Photography Privacy Policy
Due to the ordering process certain information given by you at the time of ordering is collected lawfully and in accordance with the Data Protection Act 1998, solely by Blink of an Eye Photography. Blink of an Eye Photography does not disclose any customer information to any third parties. The information is used only for the purpose of processing your request and to communicate with you on any matters relating to the provision of the service in general. Information and statistics may also be used for the purpose of monitoring site usage. These statistics will not include any information that can be used to identify any individual. We may contact you in future regarding special offers, news items etc. If you do not wish to be contacted please let us know when placing an order by checking the appropriate box.
Blink of an Eye Photography Ltd, Unit 43, Space Business Centre, Tewkesbury Road, Cheltenham, Gloucester, GL51 9FL
©2011 Blink of an Eye Photography Ltd