Terms & Conditions

1.Definitions

1.1. “Business Customer” means a customer who is not a Consumer.

1.2. “Consumer” means an individual who is not acting for the purposes of his or her business or profession.

1.3. “Tom Sullam Photography Ltd” means Tom Sullam Photography Ltd also referred to as “we” or “us” in these terms and conditions.

1.4. “Catalogue” means the catalogue of products and services offered by us.

1.5. “Force Majeure” means any cause affecting the performance by Tom Sullam Photography Ltd of its obligations arising from acts, events, omissions, happenings or non-happenings beyond its reasonable control including (but not limited to) governmental regulations, courier error, fire, flood or any disaster or industrial dispute affecting a third party.

1.6. “Normal Working Hours” means 9 am to 5 pm on a Working Day.

1.7. “Working days” means Monday to Friday, excluding Bank or other Public holidays.

2. Orders

2.1. All contracts of sale made by Tom Sullam Photography Ltd shall be deemed to incorporate these terms and conditions, which shall prevail over any other terms from the party (“the Customer”) with whom we are dealing. Cancellation of orders by business to business customers is not accepted. Cancellation of orders by Consumers will be accepted in accordance with the Consumer Protection (Distance Selling) Regulations 2000. Nothing in these terms and conditions is intended to impinge upon a Consumer’s statutory or contractual rights to reject faulty goods.

2.2. All orders are subject to acceptance and to availability of the goods ordered: Tom Sullam Photography Ltd is entitled to refuse any order placed by you.

2.3. You undertake that:

2.3.1. all details you provide to us for the purpose of purchasing goods or services offered on our web site are correct, and

2.3.2. the credit or debit card you use to make a purchase from us is your own card or your company’s card, that you are authorised to use it, and that there are sufficient funds or credit facilities to cover the cost of any goods or services you order from us. We reserve the right to obtain validation of your credit or debit card details before providing you with any goods or services.

3. Prices

3.1. Though we endeavour to keep prices as accurate and up to date as possible sometimes errors do occur. Tom Sullam Photography Ltd reserves the right to cancel any order that has been completed for an incorrect amount.

4. Delivery, Title and Risk

4.1. Tom Sullam Photography Ltd shall use reasonable endeavours to despatch goods by the date agreed with the customer, but does not accept liability for failure to deliver within the stated time where this is caused by circumstances beyond our reasonable control, such as delays caused by delivery companies or manufacturer lead times.

4.2. Tom Sullam Photography Ltd does not accept liability for shortages or damage to deliveries unless the Customer notifies us of the shortage or damage in writing within 48 hours of receipt of the delivery. Please ensure that all packages are checked for any signs of damage before signing for your consignment. We will not be liable for replacing or refunding any damaged items that have not been checked before signing for the consignment(s). If a consignment is found to be damaged please sign for the consignment as damaged.

4.3. Business Customers are required to be able to accept the goods when they are ready for delivery within Normal Working Hours.

4.4. Delivery is deemed to take place when the goods are delivered to the Customer’s nominated address, whereupon the risks of loss, breakage and all damage and all other risks shall pass to the Customer.

4.5. Title in the goods does not pass to the Customer until payment is received in full.

4.6. If the Customer cannot accept delivery for any reason, Tom Sullam Photography Ltd reserves the right to:

4.6.1. store and insure the goods at the Customer’s expense and risk or

4.6.2. sell the goods at the best price reasonably obtainable and (after deducting reasonable storage insurance and selling costs) pay to the Customer any excess over the sale price or charge the Customer for any shortfall or

4.6.3. re-arrange delivery provided that Tom Sullam Photography Ltd may charge the Customer for the additional delivery costs incurred.

4.7. Upon delivery of the goods, the Customer will be asked to sign a Proof of Delivery to acknowledge safe receipt. It is the responsibility of the Customer to ensure that the number of packages delivered corresponds with the number stated on the delivery note. Where a discrepancy occurs or where there is evident damage to the packaging, this should be noted on the Proof of Delivery. We shall not be liable for discrepancies or damage evident on delivery where the Customer accepts delivery and signs the Proof of Delivery without amendment.

4.8. Tom Sullam Photography Ltd will endeavour to ensure that goods are delivered on the date stated in the selected delivery method at the time of purchase however Tom Sullam Photography Ltd cannot be held responsible for delays caused via couriers and consequently are not obliged to refund delivery or order charges in these cases.

4.9. Delivery options in the cart will vary depending on delivery location. Customers are responsible for selecting the correct delivery location and method at the time of placing an order. Tom Sullam Photography Ltd reserves the right to retain any shipment where inadequate postage has been paid.

5. Payment

5.1. Payment is due on shipment unless a Customer has been approved for credit. We will only consider credit requests from business customers, standard credit terms require payment within 28 days from the date of the invoice, except in the case of transactions where different terms are agreed in writing.

5.2. Payment may be made by Visa, Debit or Credit Card.

5.3 All payments must be made on date of the order.

5.4 If you have a discount promotional code it is your full responsibility to ensure this is included in the relevant section during the order process. A promotional code or discount offer cannot be applied after you confirm your order.

6. Product specifications

6.1. Tom Sullam Photography Ltd makes every effort to supply the goods as advertised but reserves the right to supply the goods subject to minor variations in actual dimensions and specifications stated. All orders will be produced using the information provided by the customer at the time of order and we will not be held responsible for any errors in order specifications submitted by the customer.

7. Copyright

7.1. All content on this website including but not limited to text, images, graphics, code are and copyright of Tom Sullam Photography Ltd and must not be used under any circumstances without our consent in writing.

8. Returns

8.1. Tom Sullam Photography Ltd is committed to providing our customers with the highest quality products and service. However, on rare occasions, products may be found to be faulty or defective. In such cases we offer the returns or exchange facilities described below.

8.2. Returns for refund can only be made on stock items, Tom Sullam Photography Ltd cannot refund any “made to order” items. If a made to order product is found to be defective upon return and inspection an exchange will be send at no extra cost.

8.3. We are happy to accept returns for refund on any stock items within 14 days of receipt. Please note that shipping costs will not be refunded unless the item is found to be faulty. Refunds will be completed on return of the item to us.

8.4. Tom Sullam Photography Ltd cannot accept liability for packages damaged during transit. It is the Customer’s responsibility to wrap the product adequately to prevent damage.

8.5. Proof of postage is not proof of delivery and you are therefore strongly advised to send your package by recorded delivery, registered post or courier, and to insure the goods for their full value.