(1) Definitions and interpretation
In this Agreement “we” means J&A Cameras Ltd (and “us” and “our” shall be construed accordingly); and “you” means the relevant customer or potential customer as the case may be (and “your” shall be construed accordingly).
In this Agreement, the following definitions shall apply:
“Agreement” means this agreement incorporating the terms set out in any acknowledgement provided by us.
“Acknowledgement” means the acknowledgement of sale issued by us following receipt of your order.
“Order” means your order for Products made via the Site.
“Products” means goods or services provided by us, which may be purchased by you from the Site.
“Site” means the website at www.jandacameras.co.uk or any successor site operated by us from time to time.
(2) This Agreement
The advertising of Products on the Site constitutes an “invitation to treat”; and your Order for Products constitutes a contractual offer. No contract comes into force between you and us unless and until we accept your Order by issuing our Acknowledgement.
Before you place your Order, you will have the opportunity of identifying whether you have made any input errors by viewing your Order in your shopping basket. You may correct those input errors before placing your Order by viewing the shopping basket and adding or removing products as required
(3) About us
Our full name is J&A Cameras Ltd. Our registered office is "47 Boutport Street, Barnstaple EX31 1SQ" and our principal trading address is Gammon Walk, Barnstaple, EX31 1DJ. Our company registration number is 2588358. Our email address is firstname.lastname@example.org.
Our VAT number is 585507610.
(4) Price and payment
Prices for Products are quoted on the Site. The Site contains a large number of Products and it is always possible that some of the Products listed on the Site may be incorrectly priced. We will verify prices as part of our sale procedures so that a Product's correct price will be stated on our acknowledgement of sale.
In addition to the price of the Products, you will have to pay a delivery charge, which will be as stated on our Acknowledgement..
Payment for the Products and delivery charge must be made at the time of placing your Order. We may withhold the Products and/or terminate this Agreement if the payment is not received from you in full, on time, in cleared funds.
The prices on the Site include value added tax.
Prices for Products are liable to change at any time, but changes will not affect Agreements that have come into force.
We will arrange for the Products to be delivered to the address for delivery indicated in your Order.
We will use reasonable endeavours to deliver Products on or before the date for delivery set out in our Acknowledgement. However, we cannot guarantee delivery by the date specified. We do however guarantee that unless there are exceptional circumstances beyond our control Products will be dispatched within 7 working days of the later of receipt of payment and the date of our Acknowledgement.
We will only deliver Products to addresses within England and Wales.
(6) Risk and title
The Products will be at your risk from the date and time of delivery to the address specified in your Order. Ownership of the Products will only pass to you after we receive full payment of all sums due in respect of the your Order (including delivery charges).
(7) Consumer rights
You may cancel this Agreement at any time within 7 working days after the day the Products are delivered to the delivery address specified in your (subject to the limitations set out below).
You will not have any such right insofar as this Agreement relates to: (i) the supply of any Products which constitute audio or video recordings or computer software which have been unsealed by you; (ii) the supply of Products the price of which is dependent upon fluctuations in financial markets which we cannot control; or (iii) the supply of newspapers, periodicals or magazines.
Subject to the above if you cancel this Agreement, you must i) inform us in writing and ii) return the Products to us immediately at J&A Cameras, Gammon Walk, Barnstaple Devon EX31 1DJ, in the same condition in which you received them. Products returned by you within the 7 working day period referred to above will be refunded in full (including the cost of delivery to you). However, you will be responsible for paying the cost of returning the Products to us.
If either of the criteria set out above in this clause are not fulfilled by you the Agreement will remain in full force and effect and we reserve the right to recover payment in full in accordance with the terms of the Agreement which may include costs incurred in so doing.
(8) Defective Products
You may cancel this Agreement if the Products supplied by us are defective. To cancel the Agreement on this basis you must i) notify us in writing of the defect and ii) return the Products to us immediately at Gammon Walk, Barnstaple, Devon EX31 1DJ.
Defective Products returned by you because of a defect will be refunded in full (including the cost of sending the Products to you, and the cost of returning the Products to us). Alternatively, if you and we agree, we may supply you with replacement or substitute Products.
If you cancel this Agreement and you are entitled to a refund, we will make any refund due to you by using the same method originally used by you to pay for your Order. We will process any refund due to you as soon as possible and, in any event, within 30 days of the later of i) the day we receive your notice of cancellation or ii) the day we receive the returned Products.
We warrant to you that any Products you order through the Site will be of satisfactory quality.
You warrant to us that: i) you have full authority, power and capacity to enter into this Agreement and that all necessary actions have been taken to enable you to lawfully enter into this Agreement; ii) you are legally capable of entering into binding contracts; iii) you are resident in England or Wales; iv) you are 18 years old or over; v) the information provided in the Order is accurate; and vi) you will be able to accept delivery of the Products as set out in this Agreement.
Subject to the warranties set out above, to the maximum extent permitted by applicable law we disclaim all warranties with respect to the Products, whether express or implied.
(11) Limitations of liability
Nothing in this Agreement shall limit or exclude your or our liability: (i) for death or personal injury caused by negligence; (ii) under section 12 of the Sale of Goods Act 1979, section 2 of the Supply of Goods and Services Act 1982, or section 2(3) of the Consumer Protection Act 1987; (iii) for fraud or fraudulent misrepresentation; or (iv) for any matter for which it would be illegal for to limit or exclude, or attempt to limit or exclude, liability.
Subject to this: (i) our liability for any Product ordered through our Site is strictly limited to the higher of the purchase price of the relevant Products and the replacement cost of the Products; (ii) we accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable; and (iii) we will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement caused by matters or events outside our reasonable control.
(12) General terms
Images of Products on the Site are for illustrative purposes; actual Products may differ from such images.
We may revise these Terms and Conditions from time-to-time, but such revisions will not affect the terms of any Agreement that is in force.
If a court of competent jurisdiction holds any provision of this Agreement, the remaining provisions of this Agreement shall remain in full force and effect, and such invalid or unenforceable provisions or portion thereof shall be deemed omitted.
No waiver of any term, provision, or condition of this Agreement, whether exposed or implied, in any one or more instances, shall be deemed to be, or be construed as, a further or continuing waiver of that term, provision or condition or any other term, provision or condition of this Agreement.
You may not assign, charge, sub-contract or otherwise transfer this Agreement, or any of your rights or obligations arising under this Agreement. Any attempt by you to do so shall be null and void. We may assign, charge, sub-contract or otherwise transfer this Agreement, or any of our rights or obligations arising under this Agreement, at any time, provided that such does not serve to reduce the guarantees benefiting you under this Agreement.
This Agreement is made for the benefit of the parties to it and is does not benefit, nor is it enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under this Agreement is not subject to the consent of any person or body corporate who is not a party to this Agreement.
This Agreement will be governed by and interpreted in accordance with the laws of England, and the English courts shall have exclusive jurisdiction with respect to any dispute arising under this Agreement.This Agreement comprises entire agreement between the parties to it with respect to it’s subject, and supersedes all prior or contemporaneous agreements, arrangements or understandings, whether oral or written in respect of the same subject matter.