TERMS & CONDITIONS
- Status of terms
- Place of performance and applicable law
- Placing an order
- Returns policy
- Delivery
- Complaints handling procedure
- Content
- Limitation of liability
- Copyright
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 user or purchaser ("you") and those of Warehouse Express Limited ("Wex Photographic", "we" or "us") in relation to the products and services offered by us through this site or any of the other sites owned by us (“the Web Site”). By using the Web Site, ordering products from us or registering for Wex Photographic services, you agree to the terms of this Agreement, and you re-affirm that agreement every time you use the Web Site or any of our services.
1.2 You agree to: provide true, accurate, current and complete information about you as prompted by our registration form (such information being the "Registration Data"); and 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 Wex Photographic has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Wex Photographic has the right to suspend or terminate your account, cease supply and refuse you any and all current or future use of the Wex Photographic site (or any portion of it).
1.3 We reserve the right to: modify or withdraw, temporarily or permanently, this Web Site (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Web Site; and/or change the Agreement from time to time, and your continued use of the Web Site (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Agreement has been changed. If you do not agree to any change to the Agreement then you must immediately stop using the Web Site.
2. Place of performance and applicable law
2.1 Wex Photographic is a trading name of Warehouse Express Limited. Warehouse Express Limited is a company registered in England and Wales (Registered Number 03366976, VAT number 688774064). Unless otherwise specified, the materials on this site are directed solely at those who access this site from the United Kingdom mainland. Wex Photographic 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. This Agreement is governed by English law. You and we each submit to the exclusive jurisdiction of the English courts in relation to disputes arising out of this Agreement.
2.2 For all orders for delivery outside of mainland UK, Northern Ireland, the Channel Islands and the Isle of Man, all ownership, title and risk in goods will pass to you immediately at the point and time at which such goods are placed at your disposal at our premises in the UK. The prices payable for goods as set out on our Web Site are inclusive of UK VAT, but exclusive of local taxes, import duties and clearances. You acknowledge and agree that Wex Photographic has no liability to you in respect of any such taxes including VAT, duties or clearances which may become payable, after the goods have been placed at your disposal at our premises in the UK.
3. Placing an order
3.1 A notice will be displayed on your web browser before you submit an order with Wex Photographic. This contains important information such as a description, price and delivery charges of the good or services ordered. We suggest that you print off a hard copy of the notice or save a copy to your hard drive for your own records.
3.2 You place the order for your products on the Web Site by pressing the confirm order button at the end of the checkout process. We will send to you an order acknowledgement email detailing the products you have ordered. This is not an order confirmation or order acceptance from Wex Photographic. As your product is shipped from our warehouse we will send you a despatch confirmation email. Order acceptance and the completion of the contract between you and us will take place on the despatch to you of the products ordered.
3.3 We will take all reasonable care to ensure that all details, descriptions and prices of products appearing on the Web Site are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Web Site as up to date as possible, the information including product descriptions appearing on this Web Site at a particular time may not always reflect the position at the moment you place an order. In the event the products ordered are not as described, Wex Photographic 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 the Web Site. Wex Photographic reserves the right to not fulfil the order at that price. In such a circumstance, you will be notified, and given the choice to proceed with the order at the correct price.
3.5 All prices shown include VAT at the standard rate. Should the applicable VAT rate change, Wex Photographic reserve the right to adjust retail prices accordingly. For items which are placed on back order, VAT will be charged at the applicable rate at time of dispatch.
3.6 You agree that we may use personal information provided by you in the course of placing your order to conduct any appropriate fraud checks. As part of these checks, personal information that you have provided may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
3.7 We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Web Site.
4. Returns policy
4.1 Subject to the right of consumers to return goods for refund under The Sale of Goods Act and Distance Selling Regulations, Wex Photographic does not sell products on a trial basis. Customers are strongly advised to check suitability and specifications of products before ordering.
4.2 You have the right to cancel your purchase at any time either before or up to seven days following the day you receive the goods by:
- e-mailing us stating your name, a description of the goods or services concerned and the order number of the cancelled order, or
- phoning us on 01603 486 413 (Monday to Friday from 8am to 7pm excluding public holidays) - please have your order reference number and delivery details to hand.
4.3 Cancellations: If you exercise your right to cancel your order after the goods have been despatched, you will be responsible for returning the goods to Wex Photographic at your own risk and cost, therefore, we strongly recommend you use an insured delivery method such as Royal Mail Special Delivery.
4.4 All returns are subject to the following conditions, except where the goods are faulty or incorrectly described on the Web Site.
- Your product must be complete and in 'as new' condition (e.g. if you have opened the box to examine the product you must have done so without damaging or marking the product or packaging).
- The product must not have been used or installed. It should be returned with the original box, packing and accessories you received with it.
- Software, memory cards, DVDs, and Pre-recorded videotapes can only be accepted if still sealed. This policy is to avoid any potential breach of the Copyright, Designs and Patents 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.
- A proof of purchase must be supplied.
- You must return any free gifts which came with the product.
- We will not refund any items that have been specially ordered to your individual specification or personalised.
- This offer does not apply to film, developing or printing services.
Where we have made a charge for postage, this will be deducted from your refund if the goods have been despatched to you.
4.5 You cannot cancel your purchase when:
- the seal has been broken on any videotapes, DVDs, CDs, memory cards, or software; or
- the goods were a special order to your specification; or
- seven days has elapsed following receipt of the goods
Until such time as you return the goods to us you must take reasonable care of the item(s) and not use them. Any use of the delivered goods beyond that necessary to inspect the goods upon delivery will invalidate your right to cancel the contract.
4.6 Authorising the Return: You must prior to returning any goods received, contact our Customer Services Department on 01603 486 413 or e-mail us stating your name, a description of the goods or services concerned and the order number of the cancelled order. Failure to do so will result in a delay in processing your refund or the product being returned to you. All authorised returns must be returned to Wex Photographic, Returns Department, Unit B, Frenbury Estate, Norwich, Norfolk, NR6 5DP.
4.7 Faulty or incorrectly described goods: You will always have the option of an exchange or refund if the fault occurs within 28 days of delivery. If there is a fault with your product within six months of delivery but after the first 28 days, we will always offer a repair in the first instance. As an exception you may be offered an exchange or (full or partial) refund. After six months but within 12 months we will offer a repair only. In all cases we reserve the right to inspect the product and verify the fault and, if no fault is found return the product to you. No refund will be processed until the returned goods have been received by us and an appraisal made as to any fault. This promise does not cover faults caused by accident, neglect, misuse or normal wear and tear.
4.8 Any refund due to a fault or other defect within the first six months of purchase will include a refund of the delivery charge. We will also pay for your costs of returning the goods (up to £10 UK and £20 Non UK) for replacement or refund providing you have not had the goods longer than six months. Beyond six months you will be responsible for covering the costs of returning the goods. We strongly recommend you use an insured method such as Royal Mail Special Delivery. Replacement goods are sent by standard delivery only (i.e. premium services are not available).
4.9 Refunds will be processed within 30 days of receipt of the returned products.
4.10 THIS RETURNS POLICY DOES NOT AFFECT YOUR LEGAL RIGHTS. DETAILS OF YOUR LEGAL RIGHTS ARE AVAILABLE FROM THE CITIZENS ADVICE BUREAU OR CONSUMER DIRECT.
5. Delivery
5.1 Details of our delivery service are set out here.
5.2 For all orders for delivery outside of mainland UK, Northern Ireland, the Channel Islands and the Isle of Man: You acknowledge and agree that it is your responsibility to arrange for a courier to deliver the goods to you, or alternatively to collect the goods yourself from our premises. Wex Photographic is willing on your invitation and as your agent to instruct Parcelforce to deliver the relevant goods on your behalf for the prices set out below. If you take up this option, you will enter into a direct contract with Parcelforce in respect of the delivery of the goods under their standard terms and not with Wex Photographic, and you will be liable to Parcelforce to pay the Delivery Rate. Wex Photographic will (unless you instruct us otherwise) collect payment of the Delivery Rate from you, and as your agent pay such amount to Parcelforce. Any liability in connection with such delivery shall be between Parcelforce and you, and shall not involve Wex Photographic. If you elect to arrange for someone else to deliver the goods to you, or will collect the goods from Wex Photographic’ premises in the UK, you should make the appropriate election and contact Wex Photographic to make arrangements for the goods to be made available for collection. No collection of the Delivery Rate will be made by Wex Photographic in these circumstances. Full details of the charges to mainland Europe and Ireland are here.
6. 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 either:
or write to:
- Wex Photographic
13 Frensham Road
Norwich
NR3 2BT
England
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.
7. Content
7.1 Wex Photographic 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 the Web Sites and specifically excludes all such liability.
7.2 Certain links in this Web Site (typically a banner advert or icon) will lead to other web sites, which are not under the control of Wex Photographic. When you activate any of these links you will leave the Wex Photographic site and Wex Photographic has no control over and will accept no responsibility or liability for the material on any site, which is not under the control of Wex Photographic.
8. Limitation of liability
8.1 While we will use reasonable endeavours to verify the accuracy of any information we place on the Web Site, we make no warranties, whether express or implied in relation to its accuracy. The Web Site is provided on an "as is" basis without any representations made, and we make no warranties of any kind, whether express or implied, in relation to the Web Site, or any transaction that may be conducted on or through the Web Site including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
8.2 We make no warranty that the Web Site will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the Web Site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Web Site. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Web Site.
8.3 To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the products offered for sale on the Web Site. This does not affect your statutory rights as a consumer.
8.4 We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Agreement for: any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or any loss of goodwill or reputation; or any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Agreement.
8.5 Nothing in the Agreement shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
9. Copyright
9.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Web Site shall 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.
9.2 You acknowledge and agree that the material and content contained within the Web Site is made available for your personal non-commercial use only and that you may (if necessary to make a Purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Web Site is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
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: disassemble, reverse engineer, decompile or in any other way interfere with the Software; copy or modify the Software; or 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.
11. Purchases and part exchange
11.1 In offering second hand products to us, you confirm and warrant that: (i) you have full and legal title to the product being offered or you are lawfully authorised to dispose of the products; (ii) the products are not encumbered by any debts whether arising from a hire purchase agreement or otherwise; (iii) the products were originally purchased inside the EU (and you acknowledge that we reserve the right to require documentary evidence to confirm that this was the case); (iv) unless agreed to the contrary with us expressly in writing, VAT is not chargeable in respect of the purchase of the second hand products; and (v) you are over the age of 16 or, if not, that you have obtained consent from your parent or guardian to sell the products. You indemnify us from any claims that may arise if you send items to us in breach of this warranty. You acknowledge that in the event that we become aware that any products sent to us are registered or reported as lost or stolen, then we may contact the appropriate authorities.
11.2 We will aim to provide a quotation within two business days of a request being submitted to us. Such quotations will be given in good faith based on the information you provide but are non-binding until such time that we have received the products and inspected or tested them.
11.3 When you have confirmed that the quotation provided is acceptable, we will arrange for the products to be collected from you by courier at our cost. You are responsible for packaging and labelling the products appropriately and acknowledge that we will not be liable for loss or damage to products that are not, in our reasonable opinion, packaged appropriately. You should remove any memory card or other data storage device from the products before sending them to us and acknowledge that we will not be responsible for the loss of any such devices or data or images held on them.
11.4 We reserve the right to amend or cancel any quotation or to offer a revised quotation following inspection of the products. If we offer a revised quotation by phone or email, you will have the right to accept or reject the revised quotation. Such quotations will be open for acceptance for a maximum period of seven days. We will require acceptance of a revised quotation to be in writing (i.e. by email).
11.5 In the event that we decline the products following inspection or you do not accept a revised quotation, then we will return the products to you by courier at our expense.
11.6 Once we have: (i) inspected the products and confirmed our original quote; or (ii) received written acceptance from you of any revised quote that we may have provided, we will process a credit for the agreed value to your account with us and inform you of final acceptance of the transaction by email. Upon crediting your account and providing this confirmation, ownership of the products will pass immediately and irrevocably to us. Second hand products are not purchased for cash.
12. Matters beyond our reasonable control
Wex Photographic 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, lightning, 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.
13. Other terms
13.1 Indemnity: You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Agreement by you or any other liabilities arising out of your use of the Web Sites, or the use by any other person accessing the Web Site using your shopping account and/or your personal information.
13.2 Severance: If any part of this Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Agreement and shall not affect the validity and enforceability of any of the remaining provisions of the Agreement.
13.3 Waiver: No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
13.4 Survival: Each provision of the Agreement shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
13.5 Entire agreement: This Agreement governs our relationship with you. Any changes to this Agreement must be in writing and signed by both parties. You confirm that, in agreeing to accept the Agreement, you have not relied on any representation save insofar as the same has expressly been made a term of this Agreement and you agree that you shall have no remedy in respect of any representation. Your statutory rights are not affected by these terms and conditions. Nothing in this clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Agreement. 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.
14. Competition rules
Unless otherwise specified, the following conditions apply to all competitions run from this site.
14.1 The Promoter is Wex Photographic, 13 Frensham Road, Norwich, NR3 2BT.
14.2 One entry per person only, no bulk or third party entries will be accepted.
14.3 Competitions are open to all UK residents except employees of Wex Photographic, the companies or organisations with whom the competition is being run, their agents or anyone directly connected with the competition.
14.4 Postal entries for the competition should be sent to Wex Photographic Offers, 13 Frensham Road, Norwich, NR3 2BT. Please provide us with your name, address, telephone number and the competition you are entering. Illegible entries will be deemed void.
14.5 No responsibility can be accepted for entries lost, delayed, or have insufficient postage applied or damaged in the post. Proof of delivery will not be accepted as proof of receipt.
14.6 Prizes are as stated only and no cash alternatives will be given. However, Wex Photographic retains the full and free right to alter prizes should circumstances change.
14.7 In the case of prize draws, winner(s) will be chosen at random from all valid entries and will be notified within four weeks of the closing date.
14.8 The name(s) of prizewinner(s) will be made available to those who send a stamped addressed envelope to the competition entry address.
14.9 All entrants to competitions and offers are deemed to have accepted these rules and agree to co-operate in any future publicity that may arise.
14.10 The closing date for receipt of entries is as stated for each competition where applicable.
15. Online vouchers
Terms and conditions applicable to Wex Photographic online vouchers:
15.1 Only one promotional voucher is permitted per order.
15.2 Promotional voucher codes may only be redeemed on the Web Site toward the purchase or delivery of products. Voucher codes cannot be redeemed at our store.
15.3 Please note that a minimum purchase may apply to voucher code promotions exclusive of postage and packing.
15.4 Promotional vouchers cannot be used retrospectively, i.e. applied to orders already placed with us.
15.5 This promotional voucher has a cash value of GBP 0.001 and is not transferable or assignable.
15.6 Certain products may be exempt from voucher code promotions. See promotion specific terms and conditions for details.
15.7 Wex Photographic reserves the right to cancel / remove online voucher code promotions at any time.
15.8 Please note that voucher codes cannot be used in conjunction with any other voucher offer.
15.9 Voucher codes for free delivery only apply to the UK mainland.
16. Battery recycling scheme
Under the Waste Battery Regulations, Wex Photographic offers a take back scheme for all portable waste batteries. You can return your waste batteries to our business premises in person (PLEASE DO NOT POST) situated at Unit B Frenbury Estate, Drayton High Road, Norwich, NR6 5DP.
Alternatively, you can find your local waste portable battery recycling facility at www.recyclenow.com
Most supermarkets and shops that sell batteries will have collection bins for used batteries, and some town halls, libraries or schools may also set up collection points. End-users may find stores in their local area more accessible.
17. WEEE recycling scheme
Wex Photographic is a Member of the Government's WEEE DTB Scheme (Waste Electrical and Electronic Equipment Distributor Take Back).
Our nearest collection point is: Swanton Road, Norwich, NR2 4LH.
Your nearest collection point can be found by visiting the following website and entering your postcode: http://www.recycle-more.co.uk/banklocator/banklocator.aspx
Overseas customers are recommended to use their local recycling facilities, or to arrange delivery to our warehouse as the following address: Unit B, Frenbury Estate, Drayton High Road, Norwich, NR6 5DP.
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