1. These terms
1.1 What these terms cover. These are the terms and conditions (“Terms”) on which we supply products to you, via our website www.uphotogifts.co.uk (“Our Site”).
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss. By using Our Site, you confirm that you accept these terms and conditions and that you agree to comply with them.
2. Information about us and how to contact us
2.1 Who we are. We are Uphotogifts, a brand that is under the umbrella of Peleman Industries Ltd, a company registered in England and Wales. Our company registration number is 2968045 and our registered office is at 168 Church Road, Hove, East Sussex BN3 2DL . Our registered VAT Number: GB793742979
2.2 How to contact us. You can contact us by telephone on or by writing to us by emailing Chris Balcombe, [email protected], or Fiona Keoshgerian, [email protected], or by mailing to Unit 12 Graylands Estate, Horsham, West Sussex, RH12 4QD.
2.3 How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us when you submitted your order online.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these Terms, this includes emails.
3. Our contract with you
3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it/when payment has been successfully received, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this by telephone and/or in writing using the details provided on your order. We will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 We sell to the UK, EU and outside the EU. Our Site is for the promotion of our products in the UK, EU, and EU. Therefore, we do accept orders from or deliver to addresses outside the UK.
4. Our products
4.1 Products may vary slightly from their pictures. The images of the products on Our Site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
4.2 Product packaging may vary. The packaging of the product may vary from that shown in images on Our Site.
5. Your rights to make changes
If you wish to make a change to the product you have ordered please contact us as soon as is reasonably practicable after purchasing your order online. We will let you know if the change is possible. We cannot make changes to orders that have already been processed. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
6. Our rights to make changes
6.1 Changes to the products. We may need to make changes to the product to reflect changes in relevant laws and regulatory requirements or to implement minor adjustments and improvements. These changes will not affect your use of the product and we will notify you of these changes as soon as is reasonably practicable.
7. Providing the products
7.1 Delivery costs. The costs of delivery will be as displayed to you on Our Site.
7.2 When we will provide the products. We will contact you with an estimated delivery date which will be within 10 business days after the day on which we accept your order.
7.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.4 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
7.5 If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 will apply.
7.6 Your legal rights if we deliver goods late. You have legal rights if we deliver any goods late. If we miss the delivery deadline for any goods then you may treat the contract as at an end straight away if any of the following apply:
7.6.1 we have refused to deliver the goods;
7.6.2 delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
7.6.3 you told us before we accepted your order that delivery within the delivery deadline was essential.
7.7 Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 7.8, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
7.8 Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under clause 7.6 or clause 7.7, you can cancel your order for any of the goods or reject goods that have been delivered. If you wish, you can reject or cancel the order for some of those goods (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled goods and their delivery. If the goods have been delivered to you, you must either post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call us on 01403 321908 or emailing, Chris Balcombe, [email protected] or Fiona Keoshgerian, [email protected] for a return label or to arrange collection.
7.9 When you become responsible for the goods. You will be responsible for the goods from the time we deliver them to the address you have given us.
7.10 When you own goods. You will own the goods once we have received payment in full.
7.11 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
7.11.1 deal with technical problems or make minor changes;
7.11.2 update the product to reflect changes in relevant laws and regulatory requirements;
7.11.3 make changes to the product as requested by you or notified by us to you (see clause 6.).
7.12 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 7-14 days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
8. Your rights to end the contract
8.1 You may be able to end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
8.1.1 If what you have bought is faulty or mis-described you may have a legal right to end the contract or to get the product replaced or to get some or all of your money back, see clause 11; and
8.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2.
8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at 8.2.1 to 8.2.5 below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
8.2.1 we have told you about an upcoming change to the product or these Terms which you do not agree to (see clause 6);
8.2.2 we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
8.2.3 there is a risk that supply of the products may be significantly delayed because of events outside our control;
8.2.4 we have suspended supply of the products for technical reasons, or we have notified you that we are going to suspend them for technical reasons; or
8.2.5 you have a legal right to end the contract because of something we have done wrong (including because we have delivered late, see clause 7.8.
8.3 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of the products because they are personalised items and custom-made items.
9. How to end the contract with us
9.1 Tell us you want to end the contract. If you need to end the contract with us, please let us know by doing one of the following:
9.1.1 Phone or email. Call us on 01403 321908 or emailing, Chris Balcombe, [email protected] or Fiona Keoshgerian, [email protected]. Please provide your name, home address, details of the order and, where available, your phone number and email address.
9.1.2 Online. Complete the form insert link to online form on Our Site.
9.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them, post them back to us at Unit 12 Graylands Estate, Horsham, West Sussex, RH12 4QD, or (if they are not suitable for posting) allow us to collect them from you. Please call us on 01403 321908 or emailing us at, Chris Balcombe, [email protected] or Fiona Keoshgerian, [email protected] for a return label or to arrange collection.
9.3 When we will pay the costs of return. We will pay the costs of return:
9.3.1 if the products are faulty or misdescribed; or
9.3.2 if you are ending the contract because we have told you of an upcoming change to the product or these Terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
9.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection. The costs of collection will be the same as our charges for standard delivery, see Our Site for more details.
9.5 How we will refund you. We will refund you the price you paid for the products including delivery costs as soon as possible, by the method you used for payment.
9.6 When we will not refund you. You will not be offered a refund when you have simply changed your mind and the order has been processed and the goods are personalised.
10. Our rights to end the contract
10.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
10.1.1 you do not make any payment to us when it is due, and you still do not make payment within 7 days of us reminding you that payment is due;
10.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; or
10.1.3 you do not, within a reasonable time, allow us to deliver the products to you.
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
10.3 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least 30 days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
11. If there is a problem with the product
11.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone us on 01403 321908 or write to us at Chris Balcombe, [email protected] or Fiona Keoshgerian, [email protected].
11.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these Terms will affect your legal rights.
|Summary of your key legal rights This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.The Consumer Rights Act 2015 (“Act”) says goods must be as described, fit for purpose and of satisfactory quality. Your legal rights under the Act entitle you to the following:
(a) If your goods are faulty, then you can get an immediate refund.
(b) If your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
(c) If your goods do not last a reasonable length of time you may be entitled to some money back.
12. Price and payment
12.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages on Our Site when you placed your order. We take reasonable care to ensure that the price of the product advised to you is correct.
12.2 When you must pay and how you must pay. We accept payment with credit cards and debit cards via a sage pay portal.
12.2.1 For our goods, you must pay for the products online when you place your order.
13. Our responsibility for loss or damage suffered by you
13.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care; and for defective products under the Consumer Protection Act 1987.
13.3 When we are liable for damage to your property. If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
13.4 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14. Personalised goods
14.1 You need to check personalised goods carefully. Please double check your order carefully to check that all the details are correct. It is your responsibility to make sure that the content of your personalised goods are correct. If you need to make any changes to your order, please let us know within [5-7] days of placing your order online by telephoning us on 01403 321908.
14.2 What image should be used. When you are uploading an image, it must be in [JPEG or PNG] format.
14.3 Who will own the ownership rights of your image(s). You will maintain the ownership rights of your image(s), but you will be required to grant us a limited licence to use, reproduce, store, copy, adapt and to distribute and make available to third parties, where necessary and required to do so.
14.4 What your personalised products should not include. Personalised products shall not include any content or material which infringes copyright in an image or any other rights, including trademarks.
15. Your personal information
16. Other important terms
16.1 We may transfer this Agreement to someone else. We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
16.2 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these Terms.
16.3 We have no control over resources provided by third parties. Our Site may contain links to third party sites, these links are for your information only and should not be relied upon as being accurate and reliable.
16.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
16.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
16.6 If there are changes to these Terms. We reserve the right to update our Terms at any time. Although we will take reasonable steps to draw your attention to any changes to our Terms, please check our Terms from time to time to check for any changes that we have made.
16.7 If there are changes to Our Site. We reserve the right to update Our Site at any time. However, the content of Our Site might be out of date and we are under no obligation to update it. We cannot guarantee that Our Site will always be available to you and we have the right to change all or any part of Our Site at any time without giving notice to you.
16.8 Which laws apply to this contract and where you may bring legal proceedings. These Terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.