Ag Photo & Imaging. Standard Terms and Conditions of Business.
Thank you for choosing us, either via our website, over the phone, in person or by mail. Please read the standard terms and conditions below. Any contract between Ag and its customers is governed by these terms. If there is anything you are unsure of, please let us know any time.
- COMPANY, We, Us Colorscan 90 Ltd, trading as Ag Photographic, Ag Photo Lab, Ag Photo & Imaging, and associated trade names, whose office is at Unit 6, Phoenix Business Park, Avenue Road, Birmingham, B7 4NU.
- CONDITIONS The standard terms and conditions set out in this document
- CONTRACT The contract for the sale of goods or services incorporating these terms and conditions and arising from the company’s acceptance of the customer’s order.
- CUSTOMER, You The individual, company, firm or corporation with whom the Company contracts for the sale of goods and/or supply of services
- CONSUMER A Customer who enters into a Contract with the Company as an individual, for their own personal purposes, as opposed to a Customer who buys in the course of business.
- BUSINESS CUSTOMER Any Customer who enters into a Contract with the Company in the course of and pursuant to any business or charitable activities.
- GOODS The goods (including any installment of goods) which the company is to sell to the customer in accordance with these terms and conditions.
- FORCE MAJEURE Any event outside the reasonable control of the Company affecting it’s ability to perform any of its obligations under these Conditions including Act of God, fire, flood, lightning, war, revolution, act of terrorism, riot or civil commotion, strikes, lock outs or other industrial action, difficulties in obtaining raw materials, labour, fuel, transport, parts of machinery, power failure or breakdown of machinery.
- WORKING DAY Any day of the week except Saturday, Sunday, or a bank, public or statutory holiday.
1. Nature of these Terms
1.1 These terms constitute a legal document, and form part of the Contract between You and Us. They set out the rights and obligations of you as Customer, and those of us, The Company. In relation to the services and products offered by us, either via our website, or any of the other sites owned by Us, or when a contract is formed between You and Us in any other way. By agreeing to buy from Us, or registering as a prospective Customer with Us, you agree to these terms, 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 or when we ask you; and
1.2.2 maintain and promptly update this information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or The Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, The Company has the right to suspend or terminate your account, cease supply and refuse you any, and all, current or future use of the The Company’s website or other services.
2. Place of performance and applicable law
The Company is registered in England and operates from Birmingham in the UK. Unless otherwise specified, the Goods and services offered by The Company are directed solely at those from the United Kingdom mainland. The Company makes no representation that any product referred to by the company is appropriate for use, or available, in other locations. Those who choose to access our website from other locations are responsible for compliance with local laws if and to the extent local laws are applicable. The law of England & Wales shall govern the Contract and 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 Orders may, normally, be placed in four ways: via our website; over the telephone; in person; or by post. When placing an order via our website you will be notified during the process on your web browser, before you submit an order, of what you are purchasing and agreeing to contract with the Company for. Further to this, there is important information such as a description, price and delivery charges for the goods or services ordered. We suggest you print off a hard copy of these notices.
3.2 Goods supplied to you by The Company will correspond with their prices and description (subject to E & OE). If at any time this is not the case The Company will give you the right to reject the goods within a reasonable time period for a full refund.
3.3 In the unlikely event that an incorrect price is shown on our website or any other hard copy literature, The Company reserves the right to abstain from fulfilling the order at that price. In the unlikely event this occurs, You will be notified, informed of the correct price, and given the choice to proceed with the order, or cancel the order.
3.4 Orders from outside the UK. Whilst customers can opt to view prices on the website in alternative currencies, all payments are made in UK POUNDS STERLING at the exchange rate given by the customer's bank or card issuer at the time of the transaction. Any exchange rate fluctuations after the order is placed, or the rate at which the Customer is charged, can not be the responsibility of The Company and we are not obliged to inform you of any changes in rates. Please contact us if you want to proceed only at a particular rate of exchange.
3.5 The Website allows the option, by selecting from the left hand, permanent, column of the website (regardless of which page is being viewed), to view prices in a variety of different currencies. This is intended as a GUIDE only and the calculations are based on the current money markets, updated on a regular basis. As all transactions are processed in UK POUNDS STERLING, the actual exchange rate is likely to be different and may not be as favorable.
3.6 Payment. Orders must be paid for at the point of order or upon dispatch / collection of completed photo lab work, unless account facilities have been set up by prior arrangement. We reserve the right to excercise a lien over film and other goods in our posession respect of unpaid amounts due.
3.7 Receipt of film and/or files for processing. Must be received within 1 month of order being placed. We reserve our right to cancel and refund any order where media has not been received within this time..
4. Delivery, Dispatch & Service
4.1 Lead times for processing and printing fluctuate depending on our workload and current target lead times are quoted in the confirmation email we send on receipt of your film or digital files. Please let us know if you have an urgent order or a deadline.
4.2 There are different delivery cost bands for different geographical areas and weights. Please see our Delivery Policy for details of this.
4.3 Service times which are quoted are target times only. The Company reserves the right to vary service times and accepts no liability for failure to comply with quoted service times resulting in any loss, direct or indirect.
4.4 Where The Company has agreed to deliver goods to the Customer, goods shall be delivered to the delivery address specified by the Customer. If The Company's representative(s) is/are unable to gain access to the delivery address and/or if delivery is delayed due to any act or omission of the Customer, the Customer shall be responsible for any additional delivery costs incurred by The Company as a result of rearranging delivery and shall pay hire charges as if the delivery had not been so delayed.
4.5 It is the Customer's sole responsibility to provide independent insurance cover for possible loss or damages incurred during delivery of negatives, slides, digital files and other similar materials. We are unable to insure Customer’s negatives, slides or digital files
4.6 Standard return postage and shipping costs DO NOT include tracking or insurance. It is the customer's responsibility to upgrade your return delivery in checkout to include tracking if this is required. For destinations outside the UK please contact us for prices on tracked return.
5. Damages, Shortages and Non-Receipt / Non-Delivery of Goods THIS IS VERY IMPORTANT, read carefully.
5.1 Damages and Shortages MUST be reported, in writing, within 24 hours of receipt of goods. We will not be held liable for any shortages or damaged goods beyond this time period.
5.2 Non-receipt / non-delivery of goods MUST be reported, in writing, within 4 days of our notification to you that goods have been dispatched. For customers outside the UK, non delivery MUST be reported to us within 7 days.
5.3 The company will not be liable for any non-delivery of goods reported outside of the time specified in 5.2, where the carrier can confirm delivery was made. The company will only be liable at our discretion where non delivery is reported within the relevent time in 5.2, and the carrier can confirm delivery was made.
5.4 We will always endeavour to assist customers in locating any deliveries which have gone astray, but customers are reminded to consider carefully the arrangements for taking receipt of goods at their delivery address.
5.5 DELIVERY ADDRESS: It is the responsibility of the customer to ensure there is a responsible person available to accept delivery at the specified delivery address. It is NOT the responsibility of the Company or the Carrier to vet the suitability of the receipient. This is especially important when the delivery address is a shared building such as an apartment block, College, School, University, Halls of Residence or commercial building. In the event the delivery is signed for and accepted by the wrong person, and is subsequently untraceable, the Company or the Carrier will NOT be held liable.
6. Goods Returns Policy for sale of goods – UK Consumers only. This section excludes overseas and Business customers.
6.1 Subject to the rights of Consumers to return goods for refund under The Sale of Goods Act 1979 (as amended), the Supply of Goods and Services Act 1982, The Consumer Contracts (Information, Cancellation, Additional Charges) Regulations 2013 or any other relevant statutes or statutory instruments, the Company does not sell products on a trial basis. Customers are strongly advised to check suitability and specifications of products before ordering.
6.2 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 contacting us by email at firstname.lastname@example.org; writing to us at Unit 6 Phoenix Business Park, Avenue Road, Birmingham, B7 4NU; telephoning us on 0121 366 0016 (Monday to Friday 9am – 5pm, except public holidays); or, by faxing us on 0121 359 3977. At all times you must supply us with a description of the goods or services concerned, your details, and the order number in question.
6.3 If you exercise your right to cancel your order after the goods have been dispatched, you will be responsible for returning the goods to Us at your own risk and cost.
6.4 All returns are subject to the following conditions (except where the goods are faulty or incorrectly described by the Company): 6.4.1 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).
6.4.2 It must not have been used or installed. It should be returned with the original box, packing and accessories you received with it.
6.4.3 Software, memory cards, DVDs, and Pre-recorded videotapes can only be accepted if still sealed.
6.4.4 Due to the nature of light sensitive materials, their requirement to be stored correctly (and the difficulty in ascertaining if they have been stored correctly), and their propensity to deteriorate, we will not accept return of photographic film and paper where there is any indication the packaging has been opened.
6.4.5 A proof of purchase must be supplied.
6.4.6 You must return any free gifts which came with the product.
6.4.7 We will not refund any items that have been specially ordered to your individual specification or personalised.
6.4.8 Where we have made a charge for postage, this will be deducted from your refund if the goods have been dispatched to you at the time when you cancel them.
6.4.9 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 will invalidate your right to cancel the contract.
6.4.10 Authorising the Return. You must, prior to returning any goods received, contact Us via the methods above and ensure the return is authorised. 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 Ag Photographic, Unit 6, Phoenix Business Park, Avenue Road, Birmingham, B7 4NU.
6.4.11 Following Us receiving your instruction to cancel, you will be refunded within 30 days of our receipt of the returned goods. At our discretion, we may refund via any means such as Cheque, credit card refund, bank transfer.
6.5 Faulty or incorrectly described Goods. You will always have the option of an exchange or refund where goods are faulty or where they have been incorrectly described before sale. Our liability is limited to the replacement of the goods or their replacement value. Some products may carry a manufacturer’s guarantee, and as such this covers the goods beyond your statutory protection. 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 Us and an appraisal made as to any fault.
6.5.1 To qualify for a refund or exchange the products must be in otherwise "as new" condition, complete with any accessories and free gifts offered with it (and, if possible, the original box and packaging and warranty).
6.5.2 This promise does not cover faults caused by accident, neglect, misuse or normal wear and tear. 6.5.3 This returns policy does not affect your statutory rights.
6.6 Where goods have been made to order, there is no right to return these items and such orders cannot be refunded. One example of this would be the annual Ilford special format run. Another would be the production of prints and processing services.
7.1 The Company shall not be liable to any person for any loss or damage, which may arise from the use of any of the information contained in any of the materials on this site or other documentation issued by the Company, or verbal representations.
7.2 Links on the Company’s website will lead to sites, which are not under the control of the Company. When you activate any of these you will leave the Company’s site and the Company has no control over and will accept no responsibility or liability for the material on any site, which is not under the control of the Company.
8. Limitation of Liability, generally
8.1 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 the Company.
8.2 Subject to clause 6.1, you agree that the Company 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 the Company’s 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 the Company has been advised of the possibility of such loss or damage).
9. Limitation of Liability – Film Negatives, Transparencies, files and other material supplied to us for processing and / or printing
9.1 It is not possible for us to assess the value of originals and unprocessed film sent by the Customer. Our processing charges do not reflect or incorporate unlimited liability. We take all reasonable care with customer's property (including originals) and photographic film accepted for processing, however The Company's liability for any loss or damage, be it as a result of negligence or otherwise, is limited in the case of any one transaction to the replacement material value of any such materials supplied by the customer, such material being accepted only on the clear understanding that their replacement value does not exceed the current retail price of equivalent new materials. As an example, in the case of a roll of film send to Us for processing, damaged through our negligence, or otherwise, the maximum extent of our liability is the cost of a replacement roll of film. That is to say, if a new, blank roll of film is £5, that is the maximum extent of our liability. The Company shall not be liable in any circumstances for consequential loss, special damages, or other indirect loss, however caused.
9.2 It shall be for the Customer to insure, should they so wish, against any loss or damage in transit to and from The Company, and whilst at the Company's place of business. The Customer understands the risks associated with the sending of such material via the postal service, or other carriers, and that it is the Customer’s responsibility to take steps to insure against these risks, or to make other arrangements to deliver such media to us.
10.1 The Customer is to ensure that all material supplied to the company for processing, copying or reproduction is free from any third party claim or infringement. The Company accepts orders only on the understanding that the Customer is the copyright owner; the work is out of copyright; or The Customer has the copyright holders written consent, and this must be supplied to us with the order.
10.2. The Customer indemnifies The Company against all costs, claims, damages and losses of any type brought by any third party in respect of any copyright infringement allegation.
11. 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, please contact us: email@example.com Phone: 0121 366 0016 Fax: 0121 359 3977 or write to: Ag Photo Lab, Unit 6, Phoenix Business Park, Avenue Road, Birmingham, B7 4NU. 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.
All designs, text, graphics and their selection and arrangement on our websites and stationary are the copyright of the Company or its content providers. As a visitor to the Ag Photographic website 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 the Company’s prior written consent is strictly prohibited.
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 The Company. We do 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. Cookies are used on this shopping site, but only to keep track of the contents of your shopping cart once you have selected an item. If you have any concerns regarding the privacy of this site please contact us. We may contact you in future regarding special offers, news