Terms & Conditions

{!COMPANYNAMELONG!}. Terms and Conditions

By entering this website, you the 'user' accept without limitation or qualification, the Terms and Conditions of use set out below. If you do not accept these Terms and Conditions of use the you should leave the website.

This website is operated on behalf of {!COMPANYNAMELONG!} by Arena Imaging (A trading style of One Vision Imaging Ltd). Our registered office is One Vision Imaging Ltd, Herald Way, Binley, Coventry, West Midlands, CV3 2NY, Registered in England and Wales with the company number 01832011 and a UK VAT number of GB 411 2419 05.

From this point forward {!COMPANYNAMELONG!} will be referred to as {!COMPANYNAMESHORT!}.

Membership of the PPLA

One Vision Imaging Ltd is a member of the Professional Photographic Laboratories Association ("PPLA") and as such is bound by and conforms strictly to the PPLA Code of Business Practise. A copy of the Code of Practise can be viewed at ONE VISION IMAGING on request.

1) Ownership

The images contained in this website regardless of source and including any designs, graphics and text is Copyright of {!COMPANYNAMESHORT!}.

Any additional trade marks, trade names and brands that may be featured on this website cannot be reproduced or appropriated in any way without the written permission of their respective owner. Any such third party content is published 'as is' and {!COMPANYNAMESHORT!} is not responsible for its accuracy.

2) Ordering

The placing of an order by a client and the acceptance of that order by {!COMPANYNAMESHORT!} brings into being a contract on the terms set out in the following paragraphs.

{!COMPANYNAMESHORT!} is only able to take orders for products listed on this website, through this website. Orders cannot be taken verbally or by any other means.

Delivery is only possible to countries listed in the checkout pages. If the country you require delivery to is not visible, we will not be able to process your order.

We validate your order and credit or debit card details you submit to us before your order can be accepted. Once that has been done, we will acknowledge that your order has been received by sending an e-mail to the e-mail address you provide when ordering or when you registered on this website.

{!COMPANYNAMESHORT!} reserves the absolute right to refuse to accept any order whatsoever and for whatever reason, particularly in cases where {!COMPANYNAMESHORT!} has reason to believe that acceptance and execution of the order will lead to a breach by it of the laws of obscenity, libel or copyright, or to the aiding and abetting or condoning of such a breach by any other party.

3) Price & Payment

The price payable by the client for the order shall be in accordance with {!COMPANYNAMESHORT!}'s price at the time of acceptance of the order. {!COMPANYNAMESHORT!} reserves the right to alter its prices or withdraw products at any time and without notice.

All prices shown on this website are published inclusive of UK Value Added Tax (VAT) (where applicable) which is added at the current relevant rate to all charges. For goods being delivered to outside the EU, import duties and local taxes are NOT included in the quoted price. You will be responsible for the paying of any and all import duties and local taxes including any administration charges upon receipt.

{!COMPANYNAMESHORT!} reserves the right to make additional charges when completion of an order is requested in less than normal delivery times.

Payment terms shall be 'Cash with Order' at the discretion of {!COMPANYNAMESHORT!}.

We accept payment by most major credit and debit cards. Payment will be debited from your account before the despatch of your purchase. All credit and debit card holders are subject to validation checks and authorisation by the card issuer and ourselves. We will not be liable for any delays to your order this may cause. If the issuer of your payment card refuses to authorise payment to us or you fail our security checks, we will not be liable for any delay or non-delivery.

Payment by Cheque is not accepted.

4) Liability

To the fullest extent permitted by applicable laws, {!COMPANYNAMESHORT!} or any of its staff, directors or affiliates will not be liable for loss or damage due to the use or inability to use or connection with this website. This includes indirect or consequential loss or damages, loss of data, income, profit or opportunity, loss of or damage to property or claims from third parties. Even if {!COMPANYNAMESHORT!} has been informed of the possibility of such loss or damage. If this clause is unenforceable in whole or in part in any jurisdiction due to relevant laws, then in no event shall {!COMPANYNAMESHORT!} nor assigned third parties total liability to you for all damages, losses and claims (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing this website.

{!COMPANYNAMESHORT!} shall not be liable for any loss or damage suffered by the Client or any third party through any reasonable or avoidable delay in completing the order howsoever caused.

5) Accuracy of Size & Colour Matching

Sizes quoted may not be precise.

The Client must accept that close colour matching is subjective and that totally accurate colour matching to 100% fidelity is rarely possible. However, {!COMPANYNAMESHORT!} will endeavour to achieve the closest possible colour match within the limitation of materials and processes used. Where accurate colour matching is essential, the Client shall provide sample materials for use by ONE VISION IMAGING as colour matching guides.

6) Copyright & Warranties

Where the terms of the order require {!COMPANYNAMESHORT!} to create original works the copyright in such an image/s shall be the property of {!COMPANYNAMESHORT!} under the Copyright, Designs and Patents Act 1988.

7) Original Works Created by ONE VISION IMAGING

All materials on which original works are created by {!COMPANYNAMESHORT!} shall remain the property of {!COMPANYNAMESHORT!} and {!COMPANYNAMESHORT!} undertakes to file and store all such original materials safely and to make them available for future reproduction. Where {!COMPANYNAMESHORT!} gives possession of original materials to the Client such original materials shall nevertheless remain the property of {!COMPANYNAMESHORT!} and shall be given to the Client on free loan for the duration of the copyright licence. Prints from digital files will become and remain the property of the Client. However, the Client acknowledges that ownership of any physical materials such as print or digital files does not imply ownership of the copyright in the images (which remain the property of {!COMPANYNAMESHORT!} in accordance with the above paragraph or any right to reproduce or authorise the reproduction of any such images by any means.

12) Delivery

{!COMPANYNAMESHORT!} will use all reasonable efforts to select an appropriate method of delivery of the finished materials to the Client to comply with the Client's reasonable instructions and will inform the Client of the method of delivery and any additional cost at the time of the order.

In cases where delivery is by first class post, or a delivery service chosen by the Client (apart from any delivery service operated exclusively by {!COMPANYNAMESHORT!}) {!COMPANYNAMESHORT!} will not be liable for any loss or damage occurring while the finished material is in transit.

The Client is advised to insure all such material against risks associated with delivery.

13) Acceptance of Finished Material

The Client shall within 7 days of delivery (or within 3 days if the Client enters into this contract in the course of its business) notify {!COMPANYNAMESHORT!} of any alleged defect, shortfall in quantity, damage or failure to comply with description or sample and return the completed materials together with all associated paperwork and packaging to {!COMPANYNAMESHORT!} within 7 days (or within 3 days if the Client enters into this contract in the course of its business) of the said notification. If the Client shall fail so to notify {!COMPANYNAMESHORT!} without reasonable explanation he shall be deemed to have accepted the materials and they will be presumed to be without any defect or damage which may be apparent on reasonable examination.

PLEASE INSPECT YOUR PROCESSED MATERIAL ON RECEIPT

No responsibility can be taken for problems with your photographs if you do not inform us within 7 days of receipt.

TIME OF DELIVERY

Dates/Times stated for completion of the order are a guide only. If you wish to receive your order by a specific time please ask for written confirmation of our agreement.

Security

Internet transmissions may never be completely secure or private. You understand that any message or information you send to this website may be read or intercepted by others unless there is a special notice that a particular message (for example, credit card information) is encrypted (sent in code).

User Supplied Information

If you send communications or materials to the website or any subsites by electronic mail or otherwise, concerning any comments, questions, suggestions or the like, all such communications are, and will be treated as, non-confidential and non-proprietary. Thus, you give up any claim that any use of such material infringes any of your rights including moral rights, proprietary, or any other right, including the right to approve the way in which {!COMPANYNAMESHORT!} uses such material.

Any material submitted to this website and any subsite, may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted or used on a royalty free basis by {!COMPANYNAMESHORT!} anywhere in the world, in any medium, in perpetuity.

Please note that this provision does not relate to any personal data that you submit which will be dealt with in accordance with the provisions of this websites Privacy Policy which is part of these Terms and Conditions of Use. We are authorised to share your personal information with third parties who are used to fulfil your order or satisfy our obligations to you.

Information Relating to Third Parties

You undertake not to either include in any posting to this website, or otherwise disclose on or in connection with your use of the website any confidential information or personal data relating to third parties without their express written consent. These terms are not intended to give rise to any right which is enforceable by a third party by virtue of the Contracts (Rights of Third Parties) Act 1999.

You acknowledge that in the course of utilising the website and concluding transactions on it you may receive certain confidential information. You agree and undertake to keep such information confidential and not to disclose any part of such information to any third party, unless required to do so by law. Such information shall not be used for any purpose without the prior written consent of the user to whom such information is confidential and you agree to indemnify {!COMPANYNAMESHORT!} in respect of any claim made against them as a result of your misuse of such information.

Termination

{!COMPANYNAMESHORT!} reserves the right to suspend or terminate any use by you of this website and any subsite thereof, where it appears to {!COMPANYNAMESHORT!} that your use is in breach of these Terms and Conditions of Use, including the provision of false registration details or other misuse of the services offered through this website. If you are a 'registered user' and your registration is suspended or terminated, you may not re-register for the website without prior consent from {!COMPANYNAMESHORT!}. {!COMPANYNAMESHORT!} may pursue any other remedy legally available to us if you fail to comply with any of your obligations contained in these Terms and Conditions of Use.

Indemnity

You agree to indemnify, defend and hold {!COMPANYNAMESHORT!} and, its associate companies, directors, employees, information providers, licensors and licensees, officers and partners, (collectively, 'Indemnified Parties') harmless from and against any and all liability and costs (including, without limitation, legal fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms and Conditions of Use. You will co-operate as fully as reasonably required by {!COMPANYNAMESHORT!} in the defence of any claim. {!COMPANYNAMESHORT!} reserves the right, at its own expense, to assume the exclusive defence and control of any matter and you shall not in any event settle any matter without the written consent of {!COMPANYNAMESHORT!}.

Suspension of Service

Without prejudice to the foregoing, {!COMPANYNAMESHORT!} may suspend or discontinue the website and/or any subsite or your access to the website and/or any subsite at any time with or without cause and with or without notice.

Further, by using this website and any subsite, you acknowledge and agree that the Internet uses elements and relies upon services, input and facilities which are not within the control of {!COMPANYNAMESHORT!} and if {!COMPANYNAMESHORT!} is totally or partially prevented or delayed in the performance of any of its obligations in providing a particular service, such a situation will constitute a 'force majeure' and {!COMPANYNAMESHORT!} shall be excused the performance for so long as such a situation endures.

For the purposes of these Terms and Conditions of Use, the term 'force majeure' shall be deemed to include any cause affecting the performance by {!COMPANYNAMESHORT!} of its obligations arising from or attributable to acts, events, omissions or accidents beyond the reasonable control of {!COMPANYNAMESHORT!} and in particular, but not by way of limitation, shall include strikes, lock-outs, other industrial action, actual or threatened terrorist action, civil commotion, riot, crowd disorder, invasion, war, threat or preparation for war, fire, technical or power failure, software, hardware or telecommunication or other network failures, interruptions, disruptions or malfunctions, explosions, storm, flood, earthquake, subsidence, structural damage, epidemic or other natural or physical disaster, any legislation, regulation, rule or ruling of government, court or any competent authority.

Governing Law

These Terms and Conditions of Use shall be governed by and construed in accordance with English law. Any dispute under these terms shall be subject to the exclusive jurisdiction of the English courts and, by using this website, you hereby submit to the jurisdiction of such courts for such purposes and waive any and all objections to jurisdiction or venue in such courts.

Those who choose to access this website do so at their own risk and on their own initiative and are responsible for compliance with local laws, to the extent any local laws are applicable.

Email Service

In situations where {!COMPANYNAMESHORT!} may give you the option to subscribe to its email service which will update you with news or information which it considers to be of interest to you, your use of the content received through the email service will be subject to these Terms and Conditions of Use

Children Under 16

If you are under 16, you must ask your parent(s) or a guardian before you buy anything from this web site. By continuing to use this website and any of the services offered, you are confirming that you have received the consent of your parent(s) or a guardian.

Links From This Website

This website may contain links to other Internet sites on the World Wide Web. {!COMPANYNAMESHORT!} provides such links for your convenience only, and is not responsible for the content of any site linked to or from this website. {!COMPANYNAMESHORT!} disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any other site.

Links to This Website

You must not establish a link to the website, unless you expressly agree:

  • to ask prior written approval of {!COMPANYNAMESHORT!} to establish a link to the website;
  • to create a direct link to the {!COMPANYNAMESHORT!} official website;
  • not to create any third party association with the website; and
  • ensure that the link does not state or imply that {!COMPANYNAMESHORT!} sponsors or endorses or otherwise supports any other website activity, company or entity, or presents {!COMPANYNAMESHORT!} and its associates in a false, misleading, defamatory or derogatory manner;

Any such approval from {!COMPANYNAMESHORT!} to establish a link to this website shall not permit you to use any Property Owner and/or third party content, names, logos, pictures or trademarks, unless separately agreed to in writing by the relevant rights-holder.

Cancellation

Orders may be placed on hold via the My Account section. You may cancel your order by contacting us by email or by post as long as it has not already shipped. You may be asked to provide further proof that you are the holder of the account.

We have the right to cancel any order you make for any product if you fail our validation or security checks. In certain instances you may not receive email acknowledgment of an order being cancelled. If payment has been processed you will receive a full refund.

You have the right to cancel any order you make for any product (other than personalised products) purchased through the online store for a full refund. If for any reason you are not satisfied with your purchase, return it to us within 14 (fourteen) days of receipt in an unworn/unused condition for a full refund or exchange. When returning products to us for refund or exchange, you must pay for the appropriate postage costs. Full orders returned from UK customers will receive a full refund including postage charges.


This notice does not affect your statutory rights relating to the supply of goods and services.

Please contact your local Trading Standards Office or Citizens Advice Bureau for further information.

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