Terms of service

https://order.abphotographer.co.uk ("Service" or "System"), is an internet based photographic sales system operated by [Company name], ("we", “our” or "us") of [Enter your address (Company number Enter company number if appropriate)]. The Internet web site provides access to our services 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 Andrew Brown Photography. The web site, and the services provided through the web site, can only be used if you agree to these terms.

1. General Terms
1.0 Purchase Terms
These purchase terms ("Purchase Terms") comprise a binding
contract between you as a user of the Service and Andrew Brown
Photography Ltd for the purchase of photographic products
(“Products”)
1.1 Legal Document
Please read these Purchase Terms carefully because they form a
legal document. By submitting an order to the Andrew Brown
Photography Ltd system, you agree to be bound with Andrew
Brown Photography Ltd by these Purchase Terms. If you do not
wish to accept these Purchase Terms, you should not submit an
order.
1.2 Local Law
Those who choose to access this Service from any location outside
the UK are solely responsible for compliance with Local Law if, and
to the extent that, it is applicable. In this case, you agree that, by
you agreeing to these Purchase Terms with Andrew Brown
Photography Ltd, you waive any consumer rights you have which
are capable of being waived under your Local Law and that these
Purchase Terms are the only terms and conditions that apply
between you and Andrew Brown Photography Ltd in respect of your
use of the Service and the supply by Andrew Brown Photography
Ltd of your Products.

2. Purchase Terms
2.0 Display
By the display and description of this Service, Andrew Brown
Photography Ltd does not necessarily agree to process your order
and supply your Products at the prices specified.
2.1 Binding Contract
These Purchase Terms will not form a binding contract between you
and Andrew Brown Photography Ltd for the purchase and supply of
the Products, until the following conditions have been met:
a. You have submitted an offer to buy certain Products using the
order facility provided; and
b. Andrew Brown Photography Ltd notifies you by e-mail that your
order for Products has been accepted and Andrew Brown
Photography Ltd agrees to supply the Products to you, if you have
supplied Andrew Brown Photography Ltd with an e-mail address for
the reply. If you fill in the e-mail field when you make an order, you
will receive a confirmation by e-mail. This should be immediate.
2.2 Loss or Damage
Andrew Brown Photography Ltd will not be responsible for any
consequential loss or damage, howsoever arising, because of a
failure, refusal, or inability by Andrew Brown Photography Ltd to
fulfil an order.

3. Price and Specification of Products
3.0 Prices and Taxes
All prices quoted include United Kingdom Value Added Tax ("VAT"),
at the applicable rate. There is a separate VAT inclusive postage
and packaging charge, and this is listed with the price and
specification of the Products. The total cost is the "Purchase Price".
Andrew Brown Photography Ltd shall not be liable for any other
sales taxes, customs or import duties or other taxes, which may be
imposed on you by any relevant taxing authority. You are
responsible for any such taxes.
3.1 Tax Free
If by nature of where you live you are able to purchase Products
free of tax, or are able to reclaim tax, you must contact Andrew
Brown Photography Ltd before you make your purchase. Once an
order has been placed, and payment made, Andrew Brown
Photography Ltd cannot enter into any correspondence or dialogue
regarding tax issues.
3.2 Change
All Purchase Prices and specifications of Products are subject to
change without notice, except where Andrew Brown Photography
Ltd has accepted your order and agreed to deliver the Products to
you in accordance with Clause 2.1.
3.3 Payment
The Purchase Price payable for Products must be paid in advance
by a secure payment authorisation bureau chosen by Andrew
Brown Photography Ltd.
Andrew Brown Photography Ltd retain the right to check with your
card provider and/or any credit reference agency or bank to confirm
whether or not you are able to pay the Purchase Price. Andrew
Brown Photography Ltd has the right to refuse your order at their
discretion.

4. Delivery of Products
4.0 Delivery
All Products will be delivered to you at the UK address given during
the order process, within the service time frame specified, upon
your order being accepted by Andrew Brown Photography Ltd,
pursuant to Clause 2.1 above, unless an alternative time frame is
notified to you by Andrew Brown Photography Ltd prior to the expiry
of a 10 working day period. For delivery outside of the UK, please
contact our support team prior to placing an order. Any orders
created with non-UK delivery addresses will be refunded without
prior notification.
4.1 Estimate
Notwithstanding Clause 4.0, the time of delivery is an estimate only
and Andrew Brown Photography Ltd, shall not be liable for any late
delivery of the Products or any consequential loss or damage
caused as a result.

5. Returns Policy
5.0 Returns
In the event that the Products are damaged or defective when you
receive them, or do not match the description specified in the
Service, you will be entitled to return the Products to Andrew Brown
Photography Ltd, within 14 days of receipt by you. In those
circumstances, Andrew Brown Photography Ltd, will either reprint
the Products or provide a full refund of the Purchase Price.
5.1 Not Faulty
In the event that you return any Products to Andrew Brown
Photography Ltd, in accordance with Clause 5.0, and Andrew
Brown Photography Ltd, can demonstrate that they were not faulty
when received by you, Andrew Brown Photography Ltd, reserves
the right to return the Products to you and to claim the cost of such
return postage from you.

6. Duration of Purchase Terms and Termination
6.0 Duration
These Purchase Terms are binding upon you when you accept
them in accordance with Clause 2 and they will remain in force until
both parties have performed their obligations under these Purchase
Terms or either party breaches its obligations under these Purchase
Terms.
6.1 Termination
Termination in accordance with this Clause 6.0 shall not prejudice
or affect any right of action or remedy, which shall have accrued or
shall thereafter accrue to either party.

7. Andrew Brown Photography Ltd's Responsibilities
7.0 Security
Andrew Brown Photography Ltd undertakes to use commercially
reasonable endeavours to prevent breaches of security of the
Service (including the credit card details provided by you when you
submit an order for any Products), and to use reasonable
endeavours to ensure that any Andrew Brown Photography Ltd
suppliers, subcontractors or agents comply with this Clause.
7.1 Response
Andrew Brown Photography Ltd will use reasonable endeavours to
respond to your order within the stated time.
7.2 'As Is'
The service is provided on an 'as is' and 'as available' basis, and
Andrew Brown Photography Ltd makes no representation or
warranty that the Service offered will be accessible, or useable by
you, or error free.
7.3 Suspend or Alter
Andrew Brown Photography Ltd reserves the right, at its sole
discretion, to suspend or alter the operation of the Service for legal,
technical or any other reason. Andrew Brown Photography Ltd will
give as much notice as possible prior to taking any of the actions
described in this Clause, but prior notice may not always be
feasible.

8. User's Responsibilities
8.0 Authorised Owner
You warrant that you are the proper authorised owner of the
payment details of which you supply to Andrew Brown Photography
Ltd's payment authorisation bureau when using the System.
8.1 Accurate Information
You warrant that all information given by you in your use of this
Service is accurate and not misleading and that you will not use this
Service:
a. for any fraudulent or illegal purposes
b. for the transmission or posting of any computer viruses or any
material which is defamatory, offensive or of an obscene or
menacing character, or in such a way as to cause annoyance,
inconvenience, or needless anxiety. You agree that you will be liable
for any action taken against Andrew Brown Photography Ltd or
against you in relation to such use; and
c. in a manner which constitutes a violation or infringement of any
right of person, firm, or company, including but not limited to, rights
of copyright or confidentiality.
8.2 Personal Use
You confirm that all pictures purchased using the Andrew Brown
Photography Ltd Service are purchased strictly for your own
personal use. If you wish to use any picture within the system for
any other purpose, you agree to contact Andrew brown
Photography Ltd to negotiate terms.
8.3 Copyright
You acknowledge and accept that all copyright, trademarks, and all
other intellectual property rights in any part of the Service or any
material supplied as part of the Service belongs to Andrew Brown
Photography Ltd. You agree not to remove any copyright, trademark
or any other intellectual property notices contained in the original
material and/or from any Products purchased through the service.
8.4 Indemnify
You agree to indemnify Andrew Brown Photography Ltd against any
claims, costs, expenses, or legal proceedings caused as a result of
your use of this Service in contravention of Clause 8.1. Further, in
these circumstances, Andrew brown Photography Ltd shall be
entitled to treat the contravention as a material breach of these
Purchase Terms and terminate the Purchase Terms, cancel any
pending orders for Products made by you and terminate any access
permission granted to you by Andrew Brown Photography Ltd
forthwith, without notice to you.
8.5 Privacy
Personal data provided to Andrew brown Photography Ltd through
this web site will only be used in accordance with our Privacy Policy.
Please read through this carefully before proceeding. By providing
your personal data you are consenting to its use in accordance with
the Privacy Policy.

9. Limitation of Liability
9.0 Limit of Liability
To the extent that Andrew Brown Photography Ltd is deemed by a
court of competent jurisdiction, to have any liability to you in relation
to the Service or any Products supplied by Andrew Brown
Photography Ltd or Andrew Brown Photography Ltd's contractors,
Andrew Brown Photography Ltd entire liability shall be limited to
£200 for any one incident or series of related incidents and up to
£400 for all incidents in any period of 12 months.
9.1 Not Liable
Andrew Brown photography Ltd shall not be liable to you, other than
through fraudulent or negligent misrepresentation, for:
a. any economic loss, including without limitation, loss of revenue,
business, contracts, profits, or anticipated savings.
b. any loss of goodwill or reputation.
c. any loss of data; or
d. any special, indirect, or consequential loss.

10. Operation of the web site
10.0 Changes
Andrew Brown Photography Ltd may at its discretion change the
format and content of the web site, or any products or services
offered, at any time without notice.
10.1 Terminate
Andrew Brown Photography Ltd may suspend or terminate the
operation of this web site or suspend or terminate provision of any
products or services offered, for support, maintenance work, in
order to update the content or for any other reason. Andrew brown
Photography Ltd may do this at any time and without notice.

11. Notices
11.0 Legal Notices
You may send a legal notice to Andrew Brown Photography Ltd, or
any questions you may have concerning these Purchase Terms, by
e-mail to info@abphotographer.co.uk, or by writing to Andrew
Brown Photography Ltd, at Unit 9 Grassy Court, Etwall Road,
Mickleover, Derby. DE3 0BX. Such notices will be effective within 3
days of receipt by Andrew Brown Photography Ltd.
11.1 Give Notice
Andrew Brown Photography Ltd may give notice to you by general
notice on its web site, https://www.abphotographer.co.uk/ by e-mail
to your e-mail address on record with Andrew Brown Photography
Ltd, or by post to the geographical address on record with Andrew
Brown Photography Ltd. Such notice will be effective if sent by email
or posted on Andrew Brown photography Ltd's web site, 3 days
from the date it was sent or posted. If sent by regular post, it will be
effective 3 days after posting by Andrew Brown Photography Ltd.

12. Third Parties
12.0 Third Party Rights
Nothing in these Purchase Terms shall confer on any third party any
benefit or the right to enforce any term of this Agreement. For the
avoidance of doubt, the Contracts (Rights of Third Parties) Act 1999
shall not apply to these Purchase Terms.

13. General
13.0 Entire Agreement
These Purchase Terms form the entire agreement between you and
Andrew Brown Photography Ltd and supersede any other oral or
written communications, agreements, or representations with
respect to your use of this Service.
13.1 Change of Terms
Andrew Brown Photography Ltd reserves the right to add to or
change the terms of these Purchase Terms in its sole discretion
without prior notice. All changes to the Purchase Terms will be
effective once posted on the Andrew Brown Photography Ltd site.
Andrew Brown Photography Ltd will provide notice of the changes
to the Purchase Terms for (30) days after posting the amended
Purchase Terms on the Service.
Your continued use of the Service and submission of any order in
accordance with Clause 2.1 above following Andrew brown
Photography Ltd's posting of such changes will be regarded by
Andrew brown Photography Ltd as acceptance of the amended
Purchase Terms. If you do not agree to be bound by the amended
Purchase Terms, you should exit the Service and not access the
Service or submit any orders for Products to Andrew Brown
Photography Ltd.
13.2 Statutory Rights
Nothing in these Purchase Terms affects your statutory rights as a
consumer.
13.3 Court Ruling
If any part of these Purchase Terms are held by a court of
competent jurisdiction to be unenforceable, the validity of the
remainder of these Purchase Terms will not be affected.
13.4 Beyond Control
If Andrew Brown Photography Ltd is unable to perform any
obligation under these Purchase Terms because of a matter beyond
its reasonable control, including but not limited to; fire, flood,
explosion, war, civil disorder, industrial disputes, whether or not
involving its employees, or other disasters or governmental laws
and regulations imposed after the fact, or events beyond the
reasonable control of Andrew Brown Photography Ltd, Andrew
brown Photography Ltd will have no liability for failure to perform the
Service.
13.5 At Own Risk
Your use of the Internet is solely at your own risk and subject to all
applicable laws, and Andrew brown Photography Ltd has no
responsibility for any information, software, services, or other
materials accessed or obtained by you using the Internet.
13.6 No Representation
Andrew Brown Photography Ltd makes no representation that any
Products purchased using the Andrew Brown Photography Ltd
service are appropriate for your use, or available, in any other
locations.
13.7 Laws of England
These Purchase Terms are governed by the laws of England, and
subject to the non-exclusive jurisdiction of the English Courts.