Braiswick ("Service" or "System"), is an Internet based photographic sales system operated by Braiswick. The Internet web site provides access to the Braiswick System, and laid out below are the terms and conditions of use for the Service. The web site may only be used in accordance with these terms.

The terms laid out below govern the relationship between you as a user ("you or user") and Braiswick System. The web site, and the services provided through the web site, can only be used if you agree to these terms.

1. Information about us

1.1 We operate the website www.braiswickdirect.co.uk. We are Braiswick Photographic Co Ltd, a company registered in England and Wales under company number 858354 and with our registered office at Wesley House, Cattawade, Manningtree, Essex, CO11 1RJ, which is also our main trading address.

1.2 To contact us, please see our Contact Us page www.braiswick.co.uk/contact.html

2. Our Products

2.1 The images of the products on our website are for illustrative purposes only, packs and products are subject to change without notice. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.

2.2 Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our website may be slightly different to those on our website.

2.3 All Products shown on our website are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.

3. How we use your personal information

3.1 We only use your personal information in accordance with our Privacy Policy. For details, please see our Privacy Policy. Please take the time to read these, as they include important terms which apply to you.

4. purchasing our products

4.1 If you are a consumer, you may only purchase Products from our website if you are at least 18 years old.

4.2 We intend to rely upon these Terms and any document expressly referred to in them and our Privacy Policy, in relation to the Contract between you and us. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these Terms to be confirmed in writing.

4.3 As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.

5. How the contract is formed between you and us

5.1 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

5.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, this does not mean that your order has been accepted.

5.3 We will notify you by email that your order has been accepted and the Products dispatched to you at which point the Contract will be formed between us.

5.4 If we are unable to supply you with a Product, for example because that Product is no longer available or because of an error in the price on our website as referred to in clause 10, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.

6. Our right to vary these terms

6.1 We reserve the right to revise these Terms from time to time in the following circumstances:

6.1.1 changes in how we accept payment from you;

6.1.2 changes in relevant laws and regulatory requirements

6.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.

6.3 Whenever we revise these Terms in accordance with this clause 6, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.

7. CHANGES TO THIS WEBSITE

7.1 We reserve the right to change the content and format of the website, or any products advertised, without notice.

8. RIGHT TO CANCEL

8.1 Due to the nature of our Products being made-to-measure and personalised you do not have a legal right to cancel your order, which would otherwise be available to you.

8.2 In the event that the Products are damaged or defective when you receive them, or do not match the description specified in the order, you will be entitled to return the Products to us, within 14 days of receipt by you. In those circumstances, we will either reprint the photographs or (at our discretion) provide a full refund of the price.

9. Delivery

9.1 Your order will be fulfilled by the estimated delivery date set out in the Dispatch Confirmation, unless there is an Event Outside Our Control (as defined in clause 14 below). If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.

9.2 Delivery will be completed when we deliver the Products to the address you gave us either your home address or school address, whichever option you selected on our website.

9.3 The Products will be your responsibility from the completion of delivery.

9.4 You own the Products once we have received payment in full, including all applicable delivery charges.

9.5 Unfortunately, we do not deliver to addresses outside the UK. You may place an order for Products from outside the UK, but this order must be for delivery to an address in the UK.

10. Price of products and delivery charges

10.1 The prices of the Products will be as quoted on our website from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause 10.5 for what happens in this event.

10.2 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.

10.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.

10.4 The price of a Product does not include delivery charges. Our delivery charges are as quoted on our website from time to time.

10.5 It is always possible that, despite our best efforts, some of the Products on our website may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will inform you in writing to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.

11. How to pay

11.1 You can pay for Products using a debit card/credit card. We accept the following cards: Visa, MasterCard, Solo and Visa Electron.

11.2 Payment for the Products and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we dispatch your order.

12. Our liability

12.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.

12.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

12.3 We do not in any way exclude or limit our liability for:

12.3.1 death or personal injury caused by our negligence;

12.3.2 fraud or fraudulent misrepresentation;

12.3.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);

12.3.4 any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and

12.3.5 defective products under the Consumer Protection Act 1987.

13. COPYRIGHT

13.1 You acknowledge and accept that all copyright and other intellectual property rights in the Products belong to us. You agree not to remove any copyright, trademark or other intellectual property notices contained in the original material and/or from any prints purchased through this website.

13.2 You agree that any products that you purchase from us are strictly for your own personal use. Any other use of our products will require written consent from us.

14. EVENTS OUTSIDE OUR CONTROL

14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 14.2.

14.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

14.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

14.3.1 we will contact you as soon as reasonably possible to notify you; and

14.3.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

15. Communications between us

15.1 When we refer, in these Terms, to "in writing", this will include e-mail.

15.2 If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by e-mail or by pre-paid post to Braiswick Photographic Co Ltd at customerservice@braiswick.co.uk. We will confirm receipt of this by contacting you in writing, normally by e-mail.

15.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.

16. Other important terms

16.1 This contract is between you and us. No other person shall have any rights to enforce any of its terms under the Contracts (Rights of Third Parties Act) 1999 or otherwise.

16.2 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

16.3 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

16.4 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our website and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction.

 

About Braiswick | Privacy Policy | Terms & Conditions
VAT No: 102 2675 12   Registered No: 858354 Place of Registration ENGLAND Est. 1965
© Copyright 2011- 2012 Braiswick Photographic Co. Ltd.