Terms & Conditions - Photographic Sales

WEBSITE TERMS & CONDITIONS OF USE

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 of use, which together with our privacy policy govern Black & 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 website.

The use of this website is subject to the following terms of use:

  • The content of the pages of this website is for your general information and use only. It is subject to change without notice.
  • 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 specific requirements.
  • 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 website.
  • 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 website(s).
  • 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 & Privacy Policy and our Website Terms and Conditions of 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 these Terms.

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

1.1
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.

1.2
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 to you.

3  HOW WE USE YOUR PERSONAL INFORMATION

We shall use your personal information in accordance with our Privacy Policy. Please take the time to read this, as it includes important terms which apply to you.

4  CONSUMERS

4.1
You may only purchase Products from our Website if you are at least 16 years old.

4.2
We intend to rely upon these Terms and any document expressly referred to in them in relation to the Contract between you and us.

4.3
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 rights.

5  HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

5.1
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).

5.2
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.

5.3
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 formed.

5.4
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

6.1
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 requirements.

6.2
The packaging of the Products may vary from that shown on images on our Website.

6.3
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 charges paid.

7  YOUR CANCELLATION AND REFUND RIGHTS

7.1
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 Standards office.

7.2
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.

7.3
To cancel a Contract, you must contact us by sending an e-mail to sales@blackandlizars.com .

7.4
In the event that Products for a cancelled order are delivered to you:

7.4.1
You must return the Products to us as soon as reasonably practicable in accordance with the process in clause 11 below;

7.4.2
Unless the Products are faulty or not as described you will be responsible for the cost of returning the Products to us;

7.4.3
You have a legal obligation to take reasonable care of the Products while they are in your possession.

7.5
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 paid.

7.6
Sage Pay will refund you on the credit or debit card used by you to pay.

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

9.1
You can only return Products to us by post. Please send the Product, along with your proof of purchase, to:

Black & Lizars Limited
Online Returns
8 Wellington Place
Belfast
BT1 6GE

9.2
Products must be returned in their original packaging together with all accessories and instructions and any other items included with it.

9.3
Products must be returned in the same condition as they were received.

9.4
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.

11  DELIVERY

11.1
We offer the following delivery methods via Citylink as set out below:

11.1.1
Standard delivery to UK destinations (3-5 days) - £8.99;

11.1.2
Next day delivery to UK destinations (AM next day on orders received and processed before 1pm) - £12.99;

11.1.3
Next day delivery to UK destinations (PM next day on orders received and processed before 1pm - £10.99; and

11.1.4
Free delivery on orders over £175.00.

11.2
You will be charged for delivery of your order depending on the delivery option that you choose.

11.3
We shall use our reasonable efforts to fulfil your order within the estimated timeframe of your chosen delivery preference.

11.4
Delivery will be completed when we deliver the Products to the address you gave us.

11.5
The Products will be your responsibility from the completion of delivery.

11.6
You own the Products once we have received payment in full, including all applicable delivery charges.

11.7
Unfortunately, we do not currently deliver to addresses outside the UK.

11.8
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 CHARGES

12.1
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.

12.2
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.

12.3
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.

12.4
The price of Products does not include delivery charges.  Our delivery charges are detailed at condition 11.1 above.

12.5
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.

12.6
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) price.

13  HOW TO PAY

13.1
You can only pay for Products using a debit or credit card.  We accept the following cards:

Visa Credit & Debit
Maestro
Visa Electron
Mastercard
American Express.

13.2
If you are paying by credit or debit card, payments are subject to the following conditions:

13.2.1
We will not accept liability if payment is refused or declined by the credit / debit card supplier for any reason; and

13.2.2
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.

13.3
Payment for the Products and all applicable delivery charges is required before delivery.

13.4
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

14.1
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 the Contract.

14.2
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 business opportunity.

14.3
We do not in any way exclude or limit our liability for:

14.3.1
death or personal injury caused by our negligence;

14.3.2
fraud or fraudulent misrepresentation;

14.3.3
any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);

14.3.4
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

14.3.5
defective products under the Consumer Protection Act 1987.

15  COPYRIGHT AND TRADE MARKS

15.1
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.

15.2
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

16.1
We may revise these Terms from time to time.

16.2
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

17.1
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 condition 17.2).

17.2
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.

17.3
If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

17.3.1
We will contact you as soon as reasonably possible to notify you; and

17.3.2
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

18.1
When we refer, in these Terms, to "in writing", this will include communications by e-mail.

18.2
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 at sales@blackandlizars.com. We will confirm receipt of your communication by contacting you in writing, normally by e-mail.

18.3
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 order.

19  OTHER IMPORTANT TERMS

19.1
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.

19.2
You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

19.3
This contract is between you and us. No other person shall have any rights to enforce any of its terms.

19.4
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.

19.5
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.

19.6
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.