WEBSITE TERMS & CONDITIONS OF
Please note these apply only to
online purchases of photographic equipment.
If you continue to browse and use this website, you are agreeing
to comply with and be bound by the following terms and conditions
Lizars' relationship with you in relation to this website. If you
disagree with any part of these terms and conditions, please do not
use our website.
The term "Black & Lizars" or "us" or "we" refers to the owner
of the website whose registered office is 17 Robert Drive, Glasgow,
G51 3HE. Our company registration number is SC189423, registered in
Scotland. The term 'you' refers to the user or viewer of our
The use of this website is subject to the following terms of
- The content of the pages of this website is for your general
information and use only. It is subject to change without
- Neither we nor any third parties provide any warranty or
guarantee as to the accuracy, timeliness, performance, completeness
or suitability of the information and materials found or offered on
this website for any particular purpose. You acknowledge that such
information and materials may contain inaccuracies or errors and we
expressly exclude liability for any such inaccuracies or errors to
the fullest extent permitted by law.
- Your use of any information or materials on this website is
entirely at your own risk, for which we shall not be liable. It
shall be your own responsibility to ensure that any products,
services or information available through this website meet your
- This website contains material which is owned by or licensed to
us. This material includes, but is not limited to, the design,
layout, look, appearance and graphics. Reproduction is prohibited
other than in accordance with the copyright notice, which forms
part of these terms and conditions.
- All trademarks reproduced in this website, which are not the
property of, or licensed to the operator, are acknowledged on the
- Unauthorised use of this website may give rise to a claim for
damages and/or be a criminal offence.
- From time to time, this website may also include links to other
websites. These links are provided for your convenience to provide
further information. They do not signify that we endorse the
website(s). We have no responsibility for the content of the linked
- Your use of this website and any dispute arising out of such
use of the website is subject to the laws of England, Northern
Ireland, Scotland and Wales.
TERMS & CONDITIONS FOR THE
SUPPLY OF GOODS
This page (together with our Cookies &
Use (see above) set out the legal terms and conditions
("Terms") on which we sell products
("Products") listed on our website at www.blackandlizars.com ("the Website").
These Terms will apply to any contract between us and you for
the sale of Products to you ("Contract").
Please read these Terms carefully and make sure that you understand
them, before ordering any Products from our Website. Please
note that by ordering any of our Products, you agree to be bound by
these Terms and the other documents expressly referred to within
If you agree to and accept these Terms, please click on the
button marked "confirm order" to place your order. If you
refuse to accept these Terms, you will not be able to order any
Products from our Website.
You should print a copy of these Terms or save them to your
computer for future reference. We may amend these Terms from
time to time in accordance with condition 16.
1 INFORMATION ABOUT US
The Website is operated by Black & Lizars Limited, a company
registered in Scotland (company number: SC189423) whose registered
office is at 17 Robert Drive, Glasgow G51 3HE.
To contact us, please see our Contact Us page.
2 USE OF OUR WEBSITE
Your use of our Website is governed by our Website Terms and
Conditions of Use (see above). Please take the time to read these
terms and conditions, as they include important terms which apply
3 HOW WE USE YOUR PERSONAL
read this, as it includes important terms which apply to you.
You may only purchase Products from our Website if you are at
least 16 years old.
We intend to rely upon these Terms and any document expressly
referred to in them in relation to the Contract between you and
As a consumer, you have legal rights in relation to Products that
are faulty or not as described. Advice about your legal rights is
available from your local Citizens' Advice Bureau or Trading
Standards office. Nothing in these Terms will affect these legal
5 HOW THE CONTRACT IS FORMED BETWEEN YOU AND
You can place an order for one or more Products on the Website by
following our simple online instructions for completing the
ordering process. This is done by adding Products to your
basket and then clicking on the "Shopping Cart" link (where
indicated on the Website).
Our order process allows you to check and amend any errors before
submitting your order to us. Please take the time to read and
check your order at each page of the order process.
After you have placed an order, you will receive an e-mail from us
acknowledging that we have received your order
("Acknowledgement Email"). The
Acknowledgement Email will also contain details of your delivery
preference and payment method. It is your responsibility to
check the Acknowledgement Email and advise us of any errors or
omissions as soon as possible. Please note that completion of
the online order process and receipt of the Acknowledgement Email
does not mean that your order has been accepted. See
condition 5.4 for when the Contract will be deemed to be
All payments are processed by our payment service provider, Sage
Pay. Payment will not be processed until we have confirmed
your Product is in stock (see condition 6.3). Once your
payment has been processed, Sage Pay will send you an email
confirming this ("Payment Confirmation").
The Contract between us will only be formed when your payment has
been processed and you receive the Payment Confirmation.
6 OUR PRODUCTS
The images of the Products on our Website are for illustrative
purposes only. Although we have made every effort to portray the
Products on the Website accurately, slight variations may
occur. All Product dimensions are approximate and we cannot
guarantee that your computer's display of the colours accurately
reflect the colour of the Products. Our Products may vary
slightly from those images. It is your responsibility to
check that the Product you order is suitable for your
The packaging of the Products may vary from that shown on images
on our Website.
All Products shown on our Website are subject to
availability. If a Product if marked "out of stock" on our
Website you will not be able to place an order. In
exceptional circumstances, if a product is not marked "out of
stock" but is unavailable, your payment may still be processed and
we will contact you to let you know that: (i) the Product is
currently unavailable; (ii) there may be a delay in delivering the
Product until it is back in stock; and (iii) we will offer you a
refund for the Purchase price of the Product and the delivery
7 YOUR CANCELLATION AND REFUND RIGHTS
You have a legal right to cancel a Contract under the Consumer
Protection (Distance Selling) Regulations 2000) during the fourteen
(14) working day period set out below in condition 7.2. This means
that during the relevant period if you change your mind or for any
other reason you decide you do not want to keep a Product, you can
notify us of your decision to cancel the Contract and receive a
refund. Advice about your legal right to cancel the Contract
is available from your local Citizens' Advice Bureau or Trading
The fourteen (14) working day period starts from the date you
receive the Payment Confirmation, which is when the Contract
between us is formed. If the Products have already been
delivered to you, you have a period of fourteen (14) working days
in which you may cancel the Contract, starting from the day after
the day you receive the Products. Working days excludes
Saturdays, Sundays and public holidays.
To cancel a Contract, you must contact us by sending an e-mail to
In the event that Products for a cancelled order are delivered to
You must return the Products to us as soon as reasonably
practicable in accordance with the process in clause 11 below;
Unless the Products are faulty or not as described you will be
responsible for the cost of returning the Products to us;
You have a legal obligation to take reasonable care of the
Products while they are in your possession.
Once the Contract has been cancelled and the Products have been
returned to us, you will receive a full refund of the price you
paid for the Products and any applicable delivery charges you paid
at the time of ordering. Sage Pay will process the refund due
to you as soon as possible and, in any case, within 30 calendar
days. Sage Pay will notify you by e-mail of any refund
Sage Pay will refund you on the credit or debit card used by you
8 MANUFACTURER'S GUARANTEE
Some of the Products we sell on our Website come with a
manufacturer's guarantee, where indicated. For details of the
applicable terms and conditions of such guarantee, please refer to
the manufacturer's guarantee provided with the Product.
9 RETURNING PRODUCTS TO US
You can only return Products to us by post. Please send the
Product, along with your proof of purchase, to:
Black & Lizars Limited
8 Wellington Place
Products must be returned in their original packaging together
with all accessories and instructions and any other items included
Products must be returned in the same condition as they were
We strongly recommend that you use secure packaging and an insured
delivery method such as Royal Mail Special Delivery as the Products
will be your responsibility until received by us.
10 FAULTY PRODUCTS
Faults in Products caused by accident, neglect, misuse or normal
wear and tear will not be: (i) capable of return by you to us and
we will have no liability to you in relation to the same; or (ii)
covered under the relevant manufacturer's warranty; in relation to
such faults, we do not provide a service whereby we will return the
Product to the authorised repair agent to obtain an estimate to
repair the Product.
We offer the following delivery methods via Citylink as set out
Standard delivery to UK destinations (3-5 days) - £8.99;
Next day delivery to UK destinations (AM next day on orders
received and processed before 1pm) - £12.99;
Next day delivery to UK destinations (PM next day on orders
received and processed before 1pm - £10.99; and
Free delivery on orders over £175.00.
You will be charged for delivery of your order depending on the
delivery option that you choose.
We shall use our reasonable efforts to fulfil your order within
the estimated timeframe of your chosen delivery preference.
Delivery will be completed when we deliver the Products to the
address you gave us.
The Products will be your responsibility from the completion of
You own the Products once we have received payment in full,
including all applicable delivery charges.
Unfortunately, we do not currently deliver to addresses outside
You may place an order for Products from outside the UK, but this
order must be for delivery to an address in the UK.
12 PRICE OF PRODUCTS AND DELIVERY
The prices of the Products will be as quoted on our Website from
time to time. We take reasonable care to ensure that the
prices of Products are correct at the time when the relevant
information was entered onto the system.
Prices for our Products may change from time to time, but changes
will not affect any order for which payment has been processed and
a Payment Confirmation has been received by you.
The price of Products includes VAT (where applicable) at the
applicable current rate chargeable in the UK for the time
being. However, if the rate of VAT changes between the date
of your order and the date of delivery, we will adjust the VAT you
pay, unless you have already paid for the Products in full before
the change in VAT takes effect.
The price of Products does not include delivery charges. Our
delivery charges are detailed at condition 11.1 above.
The delivery preference that you chose will be detailed in the
Acknowledgement Email and your payment for the delivery charge will
be processed as part of the payment for your order.
If we discover an error in the price of the Products you have
ordered we will inform you in writing of this error and we will
give you the option of continuing to purchase the Product at the
correct price or cancelling your order. We will not process
your order until we have your instructions. If we are unable
to contact you using the contact details you provided during the
order process, we will treat the order as cancelled. Please
note that if the pricing error is obvious and unmistakeable and
could have reasonably been recognised by you as a mispricing, we do
not have to provide the Products to you at the incorrect (lower)
13 HOW TO PAY
You can only pay for Products using a debit or credit card.
We accept the following cards:
Visa Credit & Debit
If you are paying by credit or debit card, payments are subject to
the following conditions:
We will not accept liability if payment is refused or declined by
the credit / debit card supplier for any reason; and
If the card supplier declines payment, we will inform you that
this has occurred and the Contract will be terminated at this point
unless we authorise an alternative method of payment.
Payment for the Products and all applicable delivery charges is
required before delivery.
All payments for orders are processed by our payment service
provider, Sage Pay. Sage Pay will also conduct a standard
pre-authorisation check to ensure that there are sufficient funds
in your account to fulfil payment. Products ordered by you
will not be dispatched until this pre-authorisation check has been
completed and your payment has been processed.
14 OUR LIABILITY
If we fail to comply with these Terms, we are responsible for loss
or damage you suffer that is a foreseeable result of our breach of
these Terms or our negligence, but we are not responsible for any
loss or damage that is not foreseeable. Loss or damage is
foreseeable if they were an obvious consequence of our breach or if
they were contemplated by you and us at the time we entered into
We only supply the Products for domestic and private use.
You agree not to use the Products for any commercial, business or
re-sale purposes. We have no liability to you for any loss of
profit, loss of business, business interruption, or loss of
We do not in any way exclude or limit our liability for:
death or personal injury caused by our negligence;
fraud or fraudulent misrepresentation;
any breach of the terms implied by section 12 of the Sale of Goods
Act 1979 (title and quiet possession);
any breach of the terms implied by section 13 to 15 of the Sale of
Goods Act 1979 (description, satisfactory quality, fitness for
purpose and samples); or
defective products under the Consumer Protection Act 1987.
15 COPYRIGHT AND TRADE MARKS
The Website is owned, controlled or licensed by us. You
acknowledge and agree that all copyright, trademarks and all other
intellectual property rights in all material or content supplied as
part of the Website will remain at all times vested in us or our
licensors. You are permitted to use this material only as
expressly authorised by us or our licensors.
You shall retain ownership of all ownership of all copyright in
data you submit to us or the Website. You grant us a
world-wide, exclusive, royalty-free, perpetual, licence, to use,
copy, distribute, publish and transmit such data in any manner.
16 OUR RIGHT TO VARY THESE TERMS
We may revise these Terms from time to time.
Every time you order Products from us, the Terms in force at that
time will apply to the Contract between you and us.
17 EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform,
or delay in performance of, any of our obligations under a Contract
that is caused by an Event Outside Our Control (as defined below in
An "Event Outside Our Control" means any act or
event beyond our reasonable control, including without limitation
strikes, lock-outs or other industrial action by third parties,
civil commotion, riot, invasion, terrorist attack or threat of
terrorist attack, war (whether declared or not) or threat or
preparation for war, fire, explosion, storm, flood, earthquake,
subsidence, epidemic or other natural disaster, or failure of
public or private telecommunications networks or impossibility of
the use of railways, shipping, aircraft, motor transport or other
means of public or private transport.
If an Event Outside Our Control takes place that affects the
performance of our obligations under a Contract:
We will contact you as soon as reasonably possible to notify you;
Our obligations under a Contract will be suspended and the time
for performance of our obligations will be extended for the
duration of the Event Outside Our Control. Where the Event
Outside Our Control affects our delivery of Products to you, we
will arrange a new delivery date with you after the Event Outside
Our Control is over.
18 COMMUNICATIONS BETWEEN US
When we refer, in these Terms, to "in writing", this will include
communications by e-mail.
If you wish to contact us in writing, or if any condition in these
Terms requires you to give us notice in writing, you can e-mail us
We will confirm receipt of your communication by contacting you in
writing, normally by e-mail.
If we have to contact you or give you notice in writing, we will
do so by e-mail to the email address you provide to us in your
19 OTHER IMPORTANT TERMS
We may transfer our rights and obligations under a Contract to
another organisation, but this will not affect your rights or our
obligations under these Terms.
You may only transfer your rights or your obligations under these
Terms to another person if we agree in writing.
This contract is between you and us. No other person shall have
any rights to enforce any of its terms.
Each of the conditions of these Terms operates separately. If any
court or relevant authority decides that any of them are unlawful
or unenforceable, the remaining paragraphs will remain in full
force and effect.
If we fail to insist that you perform any of your obligations
under these Terms, or if we do not enforce our rights against you,
or if we delay in doing so, that will not mean that we have waived
our rights against you and will not mean that you do not have to
comply with those obligations. If we do waive a default by you, we
will only do so in writing, and that will not mean that we will
automatically waive any later default by you.
These Terms are governed by Scots law. This means a Contract for
the purchase of Products through our Website and any dispute or
claim arising out of or in connection with it will be governed by
Scots law. You and we both agree to that the courts of Scotland
will have non-exclusive jurisdiction.