Terms & Conditions

1 Status of Terms

1.1 These terms constitute a legal document ("the Agreement"), which sets out the rights and obligations of you as a purchaser ("you"), and those of FotoSENSE Ltd ("FotoSENSE", "we" or "us"), in relation to the services and products offered by us through this site or any of the other sites owned by us. By registering for FotoSENSE services, you agree to the terms of this Agreement, and you re-affirm that agreement every time you use any of our services.

1.2 You agree to:

1.2.1 provide true, accurate, current and complete information about you as prompted by our registration form (such information being the "Registration Data"); and

1.2.2 maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or FotoSENSE has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, FotoSENSE has the right to suspend or terminate your account, cease supply and refuse you any and all current or future use of the FotoSENSE site (or any portion of it).
 
 
 

2. Place of performance and applicable law.

FotoSENSE Ltd is a company registered in England. Unless otherwise specified, the materials on this site are directed solely at those who access this site from the United Kingdom mainland. FotoSENSE makes no representation that any product referred to in the materials on this site is appropriate for use, or available, in other locations. Those who choose to access this site from other locations are responsible for compliance with local laws if and to the extent local laws are applicable. English law shall govern this Agreement.

You and we each submit to the exclusive jurisdiction of the English courts in relation to disputes arising out of this Agreement.
 
 
 

3. Placing an order

3.1 When placing an order with FotoSENSE Ltd you have to have read and agree with the terms and conditions prior to completion of your order.

3.2 We consider the contract of sale to be formed at the point of despatch by us of your goods.

3.3 Goods supplied to you by FotoSENSE will correspond with their prices and description (subject to E & OE). If at any time this is not the case FotoSENSE will give you the right to reject the goods within a reasonable time period for a full refund.

3.4 In the unlikely event that an incorrect price is shown on our website FotoSENSE reserves the right to abstain from fulfilling the order at that price. You will of course be notified, and at which point you will be informed of the correct price, and given the choice to proceed with the order.

3.5 All electrical items will be supplied with UK plugs. For customers buying within the EU fotoSENSE it is your responsibility to provide your own plugs and manuals in your own language. Some products come with multiple languages but we canno guarantee that the language will be your primary one.

3.6 Any shortages or damage to parcels when received must be notified to us by phone on 01204 532325 within 48 hours or receving your goods. Any claim outside this period for damaged or missing items will be rejected.

3.7 All orders we take payment upfront to allow us to perform the necessary credit checks. Should any items be longer than 5 days to complete your order we will advise you of the estimated timescale and give you the option to wait or cancel. 3.8 Should an item be out of stock or discontinued we will substitute this with an alternative product of similar or identical specification shoudl this option be available.
 
 
 

4. Right to cancel

4.1 You have the right to cancel your order from the point of placing your order until 7 working days after receipt of your goods. This is the cooling off period. All cancellations must be made by phone to 01204 532325 and confirmed in writing within 7 working days of receiving the goods, quoting your order no and your postcode. We will then give you a cancellation number pertaining to your order for your reference. Any goods received that haven't been cancelled in this way will not be dealt with under the cooling off period.

4.2 Where FotoSENSE have supplied goods to you, you must take reasonable care of the goods in your possession pending their return to FotoSENSE. FotoSENSE will accept returned goods with their original packaging and which do not exhibit signs of wear or tear. Any use of the delivered goods beyond that necessary to inspect the goods on delivery will invalidate your right to cancel the contract.

4.3 Where FotoSENSE have supplied goods to you, these goods must be returned to FotoSENSE Ltd, Returns Department, Units 11 & 12, Riverside Park, Waters Meeting Rd, Bolton, BL1 8TU or be available for collection by FotoSENSE. The cost of returning goods is non-refundable, and where FotoSENSE collects goods the direct cost of such will be deducted from the refund. Any parcels returned to us from the courier as un-collected / undelivered will be refunded in full minus the cost of return postage which in some cases can be £10 - £15, due to size of consigment, but normally around £8

4.4 Once notice of your cancellation has been received in writing FotoSENSE will make a refund of the contract price to your debit or credit card used to purchase the goods. This will be done within 30 days of the date of cancellation.

4.5 All monies will be refunded within 30 days of cancellation date.

4.6 Software returns - Software may only be returned if it is unopened and in its original packing. This policy is to avoid any potential breach of the Copyright Descriptions and Patent act (CDPA) 1988. All opened software is exempt from return under the terms of the distance Selling Regulations (SI2334/2000). Software that arrives damaged or is physically faulty may be returned under our normal returns policy.
 
 
 

5. Content

5.1 FotoSENSE shall not be liable to any person for any loss or damage, which may arise from the use of any of the information contained in any of the materials on this site. FotoSENSE will only be liable for consequential losses within the contemplation of the parties.

5.2 Certain links in this site (typically a banner advert or icon) will lead to sites, which are not under the control of FotoSENSE. When you activate any of these you will leave the FotoSENSE site and FotoSENSE has no control over and will accept no responsibility or liability for the material on any site, which is not under the control of FotoSENSE.
 
 
 

6. Limitation of Liability

6.1 Nothing in this Agreement shall affect the statutory rights of any consumer or exclude or restrict any liability for death or personal injury arising from the negligence or fraud of FotoSENSE.

6.2 Subject to clause 6.1, you agree that FotoSENSE shall not be liable either in contract, tort, negligence, statutory duty or otherwise, for any direct loss or damage (including loss or damage which is reasonably foreseeable or occurs naturally in the course of things) resulting from any acts, omissions, failures or delays occurring on or in relation to those parts of the Internet not under FotoSENSE's direct control including, without limitation, damage for loss of business, loss of sales, non payment of sums due, loss of profits, business interruption, loss of reputation, loss of business information, or any other pecuniary loss (even where FotoSENSE has been advised of the possibility of such loss or damage).

6.3 The only liabilities that FotoSENSE can exclude are those arising from the following.

6.3.1 In cases where losses were not foreseeable to both parties when the contract was formed.

6.3.2 Where losses were not caused by any breach on the part of FotoSENSE.

6.3.3 For any business losses, and/or losses to non-consumers.
 
 
 

7. Delivery

Orders received by 2pm are normally dispatched the same day . If FotoSENSE cannot delivery within 30 days you will be notified immediately to arrange another time for delivery, or if you would prefer, to cancel your order. For a complete explanation of delivery charges please see delivery details page ...click here
 
 
 

8. Complaints handling procedure

In the unlikely event that you have any complaints as to our service or any of the goods and services supplied to you from our site, please contact us by:

E-mail:
helpdesk@fotosense.co.uk

Telephone:
01204 532325

Fax:
01204 386635

or write to:
Customer Service Department
Units 11&12, Riverside Park
Waters Meeting Rd
Bolton
BL1 8TU

All complaints are taken seriously and will be investigated as soon as they are brought to our notice. We will endeavour to rectify any problems as soon as possible.
 
 
 

9. Copyrights

All designs, text, graphics and their selection and arrangement on this site are the copyright of FotoSENSE or its content providers. As a visitor to the FotoSENSE site you are licensed to copy electronically or to print portions of this site for your own personal, non-commercial use. Any other use of materials on this site without FotoSENSE's prior written consent is strictly prohibited.
 
 
 

10. Software

10.1 Intellectual property rights in any software or any other copyrighted materials ("Software") and supporting documentation supplied by us to you remain our property or that of our licensors.

10.2 Without our written consent and without affecting any applicable statutory rights under the Copyright (Computer Program) Regulations 1992 (as amended, supplemented or replaced from time to time) you shall not and shall not permit any other person to:

10.2.1 disassemble, reverse engineer, decompile or in any other way interfere with the Software;

10.2.2 copy or modify the Software; or

10.2.3 create any new Software partly or wholly based on the Software.

10.3 Subject to the terms of this Agreement, you are licensed to use the Software and associated documentation non-exclusively, but only for the purposes identified on the site in relation to the Software.

10.4 You must not transfer, assign or sub-license your right to use the Software or attempt to do so.

10.5 Software Returns - See section 4.6
 


11. Matters Beyond our Reasonable Control

FotoSENSE shall not be held liable for any breach of this Agreement caused by circumstances out of its control including, but not limited to, Acts of God, fire, lightening, flood, or extremely severe weather, explosion, war, disorder, flood, industrial disputes (whether or not involving our employees), acts or omissions of Internet services providers or acts of local or central Government or other competent authorities.
 
 
 

12. Language

In the event of conflict or inconsistency between the terms of the English language version of this Agreement and any translation provided by us, the English language version shall prevail.
 
 

13. Site Security

The entire checkout process for the FotoSENSE web site is held on a secure server using a verified SSL (secure socket layer) system for transferring data. If you click on the small padlock symbol at the bottom of you browsers screen you will be taken to this sites security certificate. If you have any concerns regarding the security of this site please e-mail helpdesk@fotosense.co.uk