Terms & Conditions
1. Agreement and Liability
These Terms and Conditions comprise a binding contract between you as an authorised user of the A M Clark Ltd online services website and A M Clark Ltd, 1 Market Place, Penistone, Sheffield, S36 6DA for the supply of goods and services via this site, and including photographic prints, photo gifts and processing prints uploaded via the Internet . By using the site, you agree to be bound by these Terms and Conditions, which also govern all orders made via or in connection with the site. The offer and description of these goods and services by A M Clark Ltd does not of itself represent an agreement to accept an order in accordance with these Terms and Conditions.
A M CLARK LTD'S LIABILITY TO YOU IN RESPECT OF YOUR ORDER (INCLUDING IN RESPECT OF DELAYED, CORRUPTED, DAMAGED AND LOST ORDERS) IS LIMITED TO THE VALUE OF THE ORDER PLUS 25% OF THE ORDER VALUE FOR DIGITAL IMAGES. IF THE IMAGES YOU SUBMIT ARE OF VALUE, OR YOU ARE USING THE SERVICE FOR BUSINESS PURPOSES, SUCH THAT, IN THE EVENT YOUR IMAGES WERE DAMAGED DESTROYED OR LOST, YOUR LOSS WOULD EXCEED THAT AMOUNT, YOU SHOULD CONTACT US BEFORE YOU PLACE YOUR ORDER OR UPLOAD ANY IMAGES IN ORDER TO DISCUSS TAKING OUT APPROPRIATE INSURANCE (WHICH WILL BE YOUR RESPONSIBILITY). YOUR STATUTORY RIGHTS ARE NOT AFFECTED.
WE RECOMMEND THAT BEFORE SUBMITTING DIGITAL IMAGES TO US YOU RETAIN A COPY FOR YOURSELF TO USE IN THE UNLIKELY EVENT OF YOUR IMAGES BEING LOST OR CORRUPTED. YOU SHOULD ALWAYS RETAIN YOUR OWN COPIES OF ALL IMAGES UPLOADED OR OTHERWISE SUPPLIED TO US.
2. Delivery of Prints
All prints will be delivered to the delivery address supplied by you during the ordering process. Your order will be accepted upon A M Clark Ltd notifying you by e-mail that your order has been accepted and has agreed to supply the prints and photo gifts to you.
Time for delivery is an estimate only and it is not a condition of this agreement.
Orders may be refused without explanation and entirely at the discretion of A M Clark Ltd.
3. Quality Note
We cannot guarantee the colour and contrast reproduction of photographic images on mugs, mouse mats and photo gifts generally as compared to those on a computer screen or previously printed on photographic paper.
4. Price / Specification
All prices quoted are in GBP and all orders are to be shipped within the UK and include UK Value Added Tax at the current UK rate. Postage and packaging will be listed separately. A M Clark Ltd shall not be liable for any other taxes or duties that may be imposed upon you and for which you will remain fully responsible.
Prices and specifications are subject to change without notice in any circumstances other than where an order has been accepted by A M Clark Ltd.
If your order is delivered, the purchase price is payable in advance by credit/debit card. All credit/debit card payments are handled by Payment Sense who may refer to your credit/debit card provider and any other credit reference agency or bank.
5. Returns, Cancellations & Refunds
When placing orders for goods and services on the Internet you would generally have the right to cancel your order, free of charge, by giving notice within 7 days of the order. However, this does not apply where the service ordered is commenced immediately. You hereby consent to the A M Clark Ltd online services commencing immediately and as such you will not have a right to cancel your orders. We will, naturally, do our best to stop producing an order if you contact us quickly. Due to the personalised nature of photo gifts, canvases and wall decor products, we are unable to offer refunds on these items, save where we are required to do so by law. Products deemed to be faulty should be returned within 28 days of receipt. Your statutory rights, and section 1 above, are not affected by this section 5. If you have any questions please contact A M Clark Ltd, 1 Market Place, Penistone, Sheffield, S36 6DA or e-mail firstname.lastname@example.org
In the unlikely event that we are unable to fulfil your order you will receive a full refund to your credit or debit card. If there is an error in the fulfilment of your order, please contact us and we will correct the error or refund as necessary. We do reserve the right to request the return of goods before a refund is issued. Any refunds offered are at the sole discretion of the management.
Your statutory rights are not affected by this clause 5.
A M Clark Ltd reserves the right without notice to suspend or alter the operation of its services at its sole discretion and without reason. In such circumstances notice will be provided wherever possible. To maintain continuity of service we reserve the right to use alternative photographic paper products in the production of printed items, to those stated on our website.
You warrant and undertake that you are at least 18 years of age and the authorised owner of the credit/debit card details which you supply to A M Clark Ltd / Payment Sense.
8. Illegal use
You warrant that you will not use any of the services for any fraudulent or illegal purpose and that you will not submit any image that:
- is unlawful, pornographic, indecent, defamatory, offensive, obscene, otherwise objectionable or harmful to (or which depicts harming) children in any way; or
- would constitute, assist or encourage a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law; or
- infringes any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party; or
- Use the service to transmit or invite access to any images described in paragraphs (a) through (c) above
and you accept and undertake that you will be liable for any action taken against A M Clark Ltd in relation to such activities and will fully indemnify A M Clark Ltd against all actions, claims, demands or costs which may arise as a result.
9. Right to Decline
A M Clark Ltd reserves the right to decline to print any image.
10. Intellectual Property Rights
You warrant that you are the owner of the copyright in any material that you send to us for reproduction.
Without prejudice to clause 1 (general liability statement) or clause 5 (returns) above, A M Clark Ltd's liability to you shall be limited to the sum of £50 for any one incident or series of related incidents and up to a total of £100 for all incidents in any period of twelve months.
Without prejudice to clause 1 (general liability statement) or clause 5 (returns) above, A M Clark Ltd shall not be liable for any economic loss, profits or anticipated savings, any loss of goodwill and reputation or any loss of data or any consequential loss as a result of breach of contract and/or negligence.
Your statutory rights are not affected by this clause 11.
12. General Provisions
Nothing in these Terms and Conditions shall confer on any third party any benefit or right to enforce any term of this Agreement. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these purchase terms.
These Terms and Conditions form the entire agreement between you and A M Clark Ltd and supersede any oral or written communication agreements or other representations. A M Clark Ltd reserves the right to add or change these Terms and Conditions at its sole discretion at any time without prior notice (but this will not affect accepted orders which remain uncompleted at the time).
These Terms and Conditions are governed by the laws of England and are subject to the jurisdiction of the English Courts.
You should ensure you have read and fully understand these terms and conditions before submitting your order. If you have any questions please write to A M Clark Ltd, 1 Market Place, Penistone, Sheffield, S36 6DA or e-mail email@example.com