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the photographic specialists

The North West's No1 Independent Photographic Store

Mathers of Lancashire

Terms & Conditions

1 These Terms and Conditions apply to all transactions though Mathers Photographics Ltd. Please read them carefully before purchase. All statements, guarantees or warranties in our Terms of Trading are in addition to and do not affect your Statutory Rights.

2 Mathers Photographics Ltd may change these Terms and Conditions at any time. Any changes will take effect on the date they are posted onto the site.

3 To contact our customer sales, support and technical team, please call 01204 522186, fax 01204 529003 or email us at sales@mathersoflancashire.co.uk.

4 Opening times are Monday to Saturday 09:30 – 17:30. Please check our website for Bank Holiday opening times as these may vary.

5 Limitation of Liability

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 Mathers Photographics Ltd.

5.1 By agreeing to these Terms and Conditions, you agree that Mathers Photographics Ltd 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 Mathers Photographics Ltd'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 Mathers Photographics Ltd has been advised of the possibility of such loss or damage).

6 Missing Items

Customers are expected to report any missing items from their order promptly after delivery. This also has to be verified by Mathers Photographics Ltd stock.

7 Operation

7.1 We supply to UK addresses only, and only to the billing address of the customer, however, with some credit/debit card issuers, it may be possible to contact the issuing bank to add a secondary address.

7.2 All prices are displayed in £ Sterling. Prices are fully inclusive of VAT. Any additional delivery charges are clearly displayed before an order is submitted.

7.3 All brand names are trademarks of their respective companies.

7.4 Product images featured on the site are for guidance only and are not always an exact match of a product. Availability of a product cannot be guaranteed.

7.5 We operate from Monday to Saturday and orders received after 3.30pm will be despatched on the next business day. Before placing an order, the customer will be requested to accept/decline our terms and conditions. Orders will only be processed if acceptance is indicated and therefore the customer is deemed to have accepted these terms and will abide by them.

7.6 The placing of an order represents an offer to purchase the products indicated by the customer and is not binding on us until the order is accepted and despatched by us. If a product shown on the website is unavailable, incorrectly priced or incorrectly described, we shall not be obliged to sell you the product.

7.7 An acknowledgement of your order will be sent to you via email when you place you purchase online, but acceptance of your offer to buy the Goods will not take place until payment is taken. It is at this point that a binding legal contract is created and any contract is subject to these Terms and Conditions.

7.8 Customers have the chance to change and amend any part of their order until they press the 'submit order' button. We will send you an email confirming your order. Should you need to adjust any part of this order, please contact our sales support team by email to sales@mathersoflancashire.co.uk, or call 01204 522186. Mathers Photographics Ltd suggest that you print off a hard copy of the order, or save a copy to your hard drive for future records.

7.9 Payment for goods must be received before an order is despatched. Please allow seven days for cheques to clear before goods are sent. We do not recommend sending cash as a method of payment and cannot be held responsible for any loss during transit.

8 General

8.1 In the unlikely event that an incorrect price is shown on our website, Mathers Photographics Ltd reserve the right to abstain from fulfilling the order at that price. You will of course be notified, at which point you will be informed of the correct price, and be given the choice to proceed with the order. Mathers Photographics Ltd make every effort to get the original details correct, but take into consideration different situations. No contract exists between the customer and Mathers Photographics Ltd for the sale of any goods or services until we have received and accepted your order and we have received payment in full (in cleared funds). Once we do so, there is a binding legal contract between us.

8.2 The goods are subject to availability. If on receipt of your order the goods you have ordered are not available in stock, we will inform you as soon as possible.

8.3 Every effort will be made to deliver the goods as soon as possible after your order has been accepted. This would be within 30 days. Further delays or longer initial lead times would be communicated either at the time of placing the order or by a secondary communication.

8.4 Most goods supplied by Mathers Photographics Ltd come with a one year manufacturer’s warranty, in some cases it is longer. This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, and negligence by you or any third party use otherwise than as recommended by Mathers Photographics Ltd, failure to follow the Mathers Photographics Ltd instructions, or any alteration or repair carried out without Mathers Photographics Ltd approval.

9 Despatch

9.1 Orders despatched by our carriers will require a signature upon receipt. Orders are sent via Parcelforce or Royal Mail.

9.2 Orders placed before 15:30 Monday - Friday (excluding Bank Holidays) are despatched the same day, although due to seasonal demand this can sometimes differ. Orders placed after 15:30 are despatched the following business day. Orders over £100 are despatched on a next working day delivery service. Orders under £100, delivery is normally 2/3 days.

9.3 We cannot be held responsible for delays caused by Royal Mail, or Parcelforce. For all Internet orders, an e-mail is sent to advise a date of despatch. This also serves as an acceptance of your order and notes your right to cancel your order. We cannot follow up non-delivery of orders until at least two days have lapsed from the date this e-mail is sent.

9.4 When placing an order by credit/debit card goods will only be despatched to the cardholder at the address where the credit/debit card is registered. With some credit/debit card issuers, it can be possible to phone the issuing bank to add a secondary address.

10 Cancellation Rights

10.1 Distance buying regulations provide a cooling off period (not a try before you buy period) and a right to cancel your order should you decide not to complete the transaction. The cooling off period begins the day after your goods are received and ends 14 working days later. The regulations require the customer to contact us in writing to notify us of the intent to cancel/return the goods. We cannot accept returns/cancellations if we have not been notified in writing before this period has lapsed. Email is an acceptable way to notify us and we will confirm that we have received such communication. If an order is cancelled within this cooling off period we would expect the goods to be returned to us before we process any refund. We do not refund carriage costs. We also expect goods to be returned in pristine condition with the original packaging and contents and must not be used in a way that constitutes acceptance by the customer.

10.2 If you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to Mathers Photographics Ltd at your own cost. The goods must be returned to the address below (17) and you must take reasonable care to ensure the goods are not damaged in the meantime or in transit.

10.3 Goods returned within the 14 day cooling off period will be subject to a £25 re-stocking fee. This will automatically be deducted, when the refund is issued.

11 Claims

11.1 No liability for any claim for damage or non-functionality shall be accepted unless Mathers Photographics Ltd are notified in writing by the purchaser promptly after delivery. This period may be extended at the sole discretion of Mathers Photographics Ltd where the manufacturers' replacement exceeds this deadline.

11.2 No liability for any claim for missing items such as manuals, etc. shall be accepted unless Mathers Photographics Ltd are notified in writing by the purchaser promptly after delivery.

11.3 No liability for any claim will be accepted in the case of goods differing in quantity or descriptions from the particulars given on the delivery note, unless Mathers Photographics Ltd are notified in writing by the purchaser promptly after delivery and the onus is on the purchaser to prove any shortage.

11.4 In the case of active third-party on-site maintenance contracts, the purchaser is strongly urged to process their claim directly through the manufacturer as this can considerably expedite their claim under clause 11.1

11.5 In the case of manufacturers who operate direct product support and return procedures, the purchaser is strongly urged to process their claim directly through the manufacturer as this can considerably expedite their claim.

12 Returned Goods

12.1 Mathers Photographics Ltd will not accept goods for credit or rectification unless Mathers Photographics Ltd have been notified beforehand by email or telephone and the goods are received by Mathers Photographics Ltd in stock condition with original packaging. Mathers Photographics Ltd retain the right at our sole discretion whether to accept the return of the goods, or whether to rectify the goods or whether to issue a credit note in respect thereof. Stock condition would be described as the product being in pristine condition with all software seals intact, supplied with all the original accessories and packing and not registered for warranty with the manufacturer.

12.2 The purchaser shall unless otherwise stated be responsible for the cost of outward and return carriage and insurance of all goods returned by the purchaser to Mathers Photographics Ltd for service or credit. Goods shall be at the risk of the purchaser until actual receipt of the goods by Mathers Photographics Ltd. The onus of proof of safe delivery shall rest with the purchaser.

12.3 All items returned to Mathers Photographics Ltd by pre-arrangement and found to contain no fault will need to be verified as stock condition by Mathers Photographics Ltd.

12.4 Credits and refunds will be processed within 30 days.

13 Consequential Loss

Mathers Photographics Ltd is excluded from any liability to the purchaser for; losses that were not foreseeable to both parties when the contract was formed; losses that were not caused by any breach on the part of the supplier; business losses, and/or losses to non-consumers.

14 Law

If any part of these terms and condition shall be found to be unlawful it shall not affect the validity or enforceability of the remainder of the conditions. This contract is and shall be deemed to have been made in England and shall in all respects be governed by English Law.

15 On-line Purchasers

15.1 The purchaser is responsible for deciding on the suitability of the goods offered for any particular use and for the consequences arising from modification of the goods.

15.2 Goods are subject to availability; Mathers Photographics Ltd will not be responsible for compensating the purchaser for any other losses, which may be suffered if we cannot supply the goods.

15.3 Any dates specified for the delivery of the goods are approximate only and Mathers Photographics Ltd shall not be liable for any losses, costs, damages, charges or expenses caused by any delay for delivery of the goods where the delay has been caused by factors beyond the control of Mathers Photographics Ltd.

16 Content

16.1 Mathers Photographics Ltd 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. Mathers Photographics Ltd will only be liable for consequential losses within the contemplation of the parties.

17 Complaint handling procedure

In the unlikely event that you have a reason to make a complaint regarding our service or any of the goods and services supplied to you from our site, please contact us by:

Email: sales@mathersoflancashire.co.uk
Phone: 01204 522186
Fax: 01204 529003

Or write to us at: Mathers Photographics Ltd, 23, Market St, Bolton, BL1 1BU, UK.

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.

18 Matters beyond our Reasonable Control

Mathers Photographics Ltd 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.

19 Mathers Photographics Ltd Privacy Policy

Due to the ordering process certain information given by you at the time of ordering is collected lawfully and in accordance with the Data Protection Act 1998, solely by Mathers Photographics Ltd. Mathers Photographics Ltd does not disclose any customer information to any third parties. The information is used only for the purpose of processing your request and to communicate with you on any matters relating to the provision of the service in general. Information and statistics may also be used for the purpose of monitoring site usage. These statistics will not include any information that can be used to identify any individual. If you have any concerns regarding the privacy of this site please e-mail sales@mathersoflancashire.co.uk.

20 Copyrights

All designs, text, graphics and their selection and arrangement on this site are the copyright of Mathers Photographics Ltd or its content providers. As a visitor to the Mathers Photographics Ltd 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 Mathers Photographics Ltd' prior written consent is strictly prohibited.

21 Site Security

The entire Mathers Photographics Ltd site is held on a secure server, all transactions are handled by Worldpay, on there secure server.

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