Terms & Conditions of Sale
- 1.1These terms and conditions ("Terms") explain your rights and obligations in relation to this web site located at www.catchincolour.co.uk ("Site") and any goods purchased through this Site. Please read them carefully. You may have other rights granted by law and these Terms do not affect these. If there is anything you do not understand then please contact us.
- 1.2This Site is operated by CatchinColour ("we", "our" or "us"). Our Registered Office is: Walnut Studios
Greenhills, Tilford Road
GU10 2DZ. You can telephone us on FREEPHONE 0800 756 9826 or fax us on 0800 756 9824.
- 1.3We may change the Terms at any time by posting such changes on the Site. Your continued use of the Site after notice of changes shall mean you are bound by the new terms.
USE OF THE SITE
- 2.1The content of and copyright in the Site is owned by or licensed to us. You are permitted to view or print individual pages for your own personal use. Any other use must be with our prior written permission.
- 2.2We reserve the right to suspend, restrict or terminate your use of this Site at any time.
PURCHASING FROM US
- 3.1The Site and the goods sold through it are subject to change without notice and we reserve the right to improve, alter or modify designs without prior notification. We will inform you of any changes tothe advertised goods prior to despatch of such goods. If you are unhappy with these improved, altered or modified goods you may inform us within 7 days, starting on the day after the goods are delivered to you. In order to receive a refund, the goods must be returned in their original unused condition and with all packaging in tact, together with your receipt. We recommend that you retain all of the original packaging until you are sure that you intend to keep the goods. An administration fee of £15.00 per canvas panel will be charged for all returns for refund. (Please note: The administration fee will only be charged if the item is not faulty, or doesn't differ significantly from the advertised goods.) Please see our specific Delivery & Returns policies which forms an additional part of these 'Terms and Conditions of Sale'.
- 3.2Whilst we try to display goods on our Site that are held in stock, if the ordered goods are not available we will advise you of this as soon as reasonably possible. You will be given the option of ordering an alternative product or receiving a full refund.
- 3.3By submitting your order you are offering to buy the goods and allowing us to use your personal details for the purposes of supplying goods (including passing your details on to couriers and other subcontractors).
- 3.4We are not obliged to supply the goods to you until we have confirmed that we have accepted your order and received payment in full. Your order will be deemed to have been accepted when we despatch to you the goods which form the subject matter of your order. We may at our total discretion reject your order.
- 3.5All drawings, specifications, sizes, photographs, descriptive matter and advertising published by us or contained on our Site are issued only for giving an approximate idea of the goods described in them and colours shown are intended as a guide only. They do not form part of the Terms.
- 4.1All prices are in British Pounds and include Value Added Tax where applicable. We reserve the right to adjust the VAT element if this changes from 20%. The cost of transporting goods ("Carriage & Insurance Costs") are as set out within our Delivery & Returns policies and are based on the shipping location. These Carriage & Insurance Costs shall be added to the price to be paid by you.
- 5.1We aim to despatch goods within 2-3 days from receipt of your order and deliver goods to you within 1 working day from despatch, however we cannot give an exact delivery date or time of day. If we are unable to deliver the goods within 30 days of receiving your order, we will inform you, then if you wish, you may cancel the contract and we will refund any money paid by you.
- 5.2Please see additional information contained within our Delivery & Returns policies which forms an additional part of these 'Terms & Conditions of Sale'
DAMAGED OR DEFECTIVE GOODS
- 6.1You should inspect the goods when you receive them for defects or damage. If you find a defect or damage you must tell us as soon as possible before using the item and refer to our Delivery & Returns policies for instructions on how to return an item.
- 6.2It should be noted that it is possible on darker prints to experience some minor cracking in the canvas at the extreme edges where it is stretched over the frame. This is a natural defect in the material and is unavoidable. We will consider any claim for excessive cracking on its merits and will do our utmost to satisify any complaint made.
LIMITATION OF LIABILITY
- 7.1WE DO NOT LIMIT OUR LIABILITY TO YOU FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR FOR FRAUD.
- 7.2ALL REASONABLE EFFORTS HAVE BEEN MADE TO TRY TO ENSURE THAT THE INFORMATION CONTAINED ON THE SITE IS CORRECT AND UP TO DATE. HOWEVER, WE CAN NOT GUARANTEE THIS IS THE CASE AND WE SHALL NOT BE LIABLE FOR INACCURACIES OR FOR YOUR RELIANCE ON INCORRECT OR OUT OF DATE INFORMATION. WHILST WE WILL TRY TO TAKE ALL REASONABLE STEPS TO PROTECT YOUR PERSONAL DETAILS, WE CANNOT GUARANTEE THE SECURITY OF ANY DATA YOU DISCLOSE ON-LINE AND WILL NOT BE RESPONSIBLE FOR ANY BREACH OF SECURITY UNLESS THIS IS DUE TO OUR NEGLIGENCE. WE DO NOT HAVE ANY LIABILITY TO YOU ARISING OUT OF YOUR USE OR INABILITY TO USE THE SITE. WE WILL NOT BE LIABLE TO YOU FOR ANY UNFORESEEABLE LOSSES.
- 7.3WE WILL BE EXCUSED PERFORMANCE OF ANY OF OUR OBLIGATIONS IF CAUSED BY CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL OR BEYOND THE REASONABLE CONTROL OF OUR SUPPLIERS, INCLUDING WITHOUT LIMIT INDUSTRIAL DISPUTES, WAR, FLOOD AND CHANGES IN LEGISLATION.
- 7.4SAVE AS SET OUT IN CLAUSE 7.1, OUR LIABILITY TO YOU FOR:
- 7.4.1DAMAGE TO PHYSICAL PROPERTY CAUSED BY OUR NEGLIGENCE OR BY THE GOODS SHALL NOT EXCEED £5,000 PER EVENT OR SERIES OF CONNECTED EVENTS;
- 7.4.2SUBJECT TO CLAUSES 7.1 AND 7.4, THE AGGREGATE OF ALL CLAIMS ARISING IN CONNECTION WITH THE GOODS (WHETHER DUE TO BREACH OF CONTRACT, OR NEGLIGENCE, OR OTHERWISE) SHALL NOT EXCEED THE PRICE PAID BY YOU IN RESPECT OF THE GOODS THAT ARE THE SUBJECT MATTER OF THE CLAIM IN QUESTION.
- 7.5EXCEPT AS SET OUT IN PARAGRAPH 5 ABOVE OR AS OTHERWISE SET OUT IN THIS AGREEMENT, WE DISCLAIM ALL TERMS, CONDITIONS, REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED) TO THE EXTENT PERMISSIBLE BY LAW.
COPYRIGHT FOR PHOTO TO ART ORDERS
- 8.1It is the sole responsibility of the customer to ensure that any image that they present for transformation into a print is copyright free or that the customer owns the copyright themselves. We will take no responsibility for any breach of copyright howsoever caused through printing an image supplied by a customer. We reserve the right to refuse to print any image which the customer does not own the copyright of, or have not gained permission to use or is offensive/indecent in any way.
OTHER INFORMATION OF WHICH YOU NEED TO BE AWARE
- 9.1Any personal details you provide to us are kept and processed in accordance with our Privacy Statement.
- 9.2This Site may contain links to other web sites not under our control. We accept no responsibility or liability for the content or availability of those sites.
- 9.3We may not necessarily keep a copy of these Terms and your order. We advise you to print a copy of them for your information in the future.
- 9.4If any section of the Terms are held by a Court or other competent authority to be unenforceable then that section shall be considered deleted and not apply but the rest of the Terms will.
- 9.5This agreement between us is personal to us and no other person who is not party to these Terms shall be entitled to enforce any term of this Agreement under the Contracts (Rights of Third Parties) Act 1999 (or any analogous laws).
- 9.6The Terms are the entire terms and conditions between us in relation to your use of this Site and any purchase made over the Site and no other terms, conditions or representations made by us and any of our employees or agents (unless made fraudulently) shall apply.
- 9.7The Terms shall be governed by English law and the courts of England and Wales shall have non-exclusive jurisdiction over any dispute. All dealings, correspondence and contact between us shall be made or conducted in the English language.
- 9.8If you are a consumer (i.e. you are not purchasing either wholly or in part for your business or you are not a business) you have the right, in addition to your other rights, to cancel the contract and receive a refund. You must inform us if you wish to cancel within 7 days, starting on the day after the goods are delivered to you. This policy does not apply to products such as 'Your Image on Canvas' or custom size prints not listed on our website, as these are made specifically to customer requirements. If you choose to cancel then the goods must be returned to us in their original unused condition and with all packaging in tact, together with your receipt. Please note that an administration fee of £15.00 per canvas panel will be charged for all returns. This will not be charged if the goods are found to be faulty. Carriage & Insurance Costs can only be refunded if the goods are faulty. Please refer to our Delivery & Returns Policy' for full details on how to return an item