GENERAL TERMS AND CONDITIONS AND DISCLAIMER RELATING TO USE OF THE EDE AND RAVENSCROFT LIMITED WEB SITE
Thank you for visiting the Ede and Ravenscroft Limited ("E&R") web site (the "Web Site"). Please note that everything on this Web Site is subject to these General Terms and Conditions and you should read these before going any further. You are treated as accepting them by using the Web Site in any way including browsing. References in these General Terms and Conditions, and in the Terms and Conditions of Hire and Terms and Conditions of Sale below to "we" or "us" mean E&R.
The Web Site was last updated in August 2006.
Intellectual Property Rights
All copyright, database rights, trade marks and other intellectual property rights in any and all aspects of the Web Site including but not limited to design, text, graphics, photographs, other images and sound and their selection and arrangement, all software (including but not limited to compilations, underlying source code, and applets) and all other material on the Web Site are owned by E&R and its affiliates, or have been licensed to E&R or its affiliates by their content and technology providers or other rights holders so that E&R or its affiliates can use such material as part of their Web Site.
You are only allowed to use the Web Site and the material contained in the Web Site as set out below. If you wish to do anything else with any of the material you must obtain the written permission of E&R or the owner of the rights in that material.
What You Are Allowed To Do
1. You may access any part of the Web Site.
2. You may electronically copy and print in hard copy any individual page for your own personal use, for the purposes of placing an order with E&R or using this Web Site as a shopping resource, as long as you do not do any of the things set out under "What You Are Not Allowed to Do".
What You Are Not Allowed To Do
1. You are not allowed to copy (whether by printing off onto paper, storing on disk or in any other way), distribute (including distributing copies), reproduce, alter, modify, tamper with in any way or otherwise use any material contained in the Web Site except as set out under "What You Are Allowed to Do" or with the express prior written permission of E&R.
2. You are not allowed to copy or use any material appearing on the Web Site for any commercial purpose at all.
3. You are not allowed to copy or otherwise use any copyright, trade mark or other intellectual property notices (whether belonging to E&R or its affiliates or licensed to E&R or its affiliates by their third party rights owners for use on the Web Site) except as set out under "What You Are Allowed to Do" without the written permission of the owner of that trade mark or to remove any such copyright, trade mark or other intellectual property notices contained in the original material from any material copied or printed off from the Web Site.
Governing Law and Contract Formation
You may submit orders to E&R via the Web Site for the sale and/or hire by it to you of any product but no contract will subsist between you and E&R for the sale and/or hire by it to you of any product unless and until E&R confirms, by email, the particulars of your order and gives you a reference number. That acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you when you are able to access it.
All contracts for hire are governed by the Terms and Conditions of Hire (below) as well as these General Terms and Conditions and all contracts for purchase of goods are governed by the Terms and Conditions of Sale (also below) as well as these General Terms and Conditions. In the event of any conflict between such terms and these General Terms and Conditions, the Terms and Conditions of Hire and the Terms and Conditions of Sale (as appropriate) shall apply.
In respect of any orders that are placed by telephone, by correspondence or in person, the standard E&R terms applicable to such orders in force from time to time shall apply to those orders (and only to those orders) instead of these General Terms and Conditions, the Terms and Conditions of Hire and the Terms and Conditions of Sale.
Information displayed on the Web Site relating to pricing and availability is subject to change by E&R without notice.
For the avoidance of doubt, any contract for the sale or hire of any product from the Web Site will be deemed to have been concluded in the United Kingdom. Further, any such contract will be interpreted, construed and enforced in all respects in accordance with the laws of England, and you and E&R irrevocably submit to the non-exclusive jurisdiction of the English Courts.
Disclaimer as to information on Web Site
The information in this Web Site is provided free of charge and on an "as is" basis. Except for any liability in respect of fraudulent misrepresentation, E&R is not liable for any action you may take as a result of relying on any information provided in this Web Site or for any loss or damage suffered by you as a result of you taking this action.
E&R uses reasonable efforts to make sure that all material and information contained on the Web Site is correct but, subject to the above statement about fraudulent misrepresentation:
1. E&R does not accept any liability for any error or omission in the material or information;
2. All material and information contained on the Web Site is only provided for the purpose of providing information about E&R and the products and services it supplies;
3. E&R does not make any representation, term or warranty of any kind in respect of the material or information.
The Web Site includes links to external web sites. These links are provided in order to help you find out further information quickly and easily. E&R is not responsible nor liable for the content of these web sites.
E&R may correct any typographical error or other errors or omissions in any promotional literature, quotation or other document relating to the provision without any liability to its customers and clients.
Changes to terms and conditions
E&R reserves the right to make any changes to these Web Site Terms and Conditions, Terms and Conditions of Hire or the Terms and Conditions of Sale. By browsing the Web Site you are accepting that you are bound by the current Web Site Terms and Conditions and Disclaimer and the Terms and Conditions of Hire and the Terms and Conditions of Sale so you should check these each time you revisit the site.
Variations to these General Terms and Conditions, the Terms and Conditions of Hire or the Terms and Conditions of Sale, whether in relation to any Hire Contract, Sale Contract or otherwise, shall only be effective if (a) reflected in a new version posted in this Web Site in accordance with the above paragraph or (b) specifically accepted and agreed by us in writing.
Our company details & address:
Ede and Ravenscroft Limited93 Chancery LaneLondonWC2A 1DU
For all customer enquiries please email customer.services@edeandravenscroft.co.uk
TERMS AND TERMS AND CONDITIONS OF HIRE
These Terms and Conditions of Hire govern all products you enter into a contract to hire on this Web Site ("Hire Products" and a "Hire Contract" respectively). These terms are specific to Hire Products but Hire Contracts are also governed by the General Terms and Conditions above which you should also read. Variations to these Terms and Conditions of Hire shall only be effective if (a) reflected in a new version posted in this Web Site or (b) specifically accepted and agreed by us in writing.
Supplier of Hire Products
The products you hire will be supplied by Ede and Ravenscroft Limited which is located at the address set out in the General Terms and Conditions above.
Description of Hire ProductsEvery care has been taken to describe and portray Hire Products on this Web Site accurately using current technology, but variations in actual goods may occur.
Price
The prices of Hire Products are stated on the Web Site and include VAT. The prices are subject to change without notice.
Hire Contracts
Hire Contracts are formed in accordance with the timing and procedure set out in the General Terms and Conditions above. Please book early to be sure of your order as we cannot always guarantee an order if you leave your booking later than 21 days before the ceremony in respect of which you have hired a Hire Product (the "Ceremony"). Hire Contacts are performed at the Ceremony specified when ordering. The availability of Hire Products for each Ceremony is stated on the Web Site and as all Hire Products are subject to availability at all times you should check the Web Site and book early to avoid disappointment.
Changes to Hire Contracts
You may change the detail (such as the Ceremony or the Hire Products - subject to availability) of any Hire Contract in accordance with the procedures available on the Web Site up to the day falling five days before the Ceremony and any such change will only be deemed to be effective once we confirm it by e-mail (on the email address you supply when ordering on the Web Site). We reserve the right to withdraw the right to change referred to in this paragraph at any time without notice and all Hire Products are subject to availability at all times. Except in respect of cancellations of Hire Contracts pursuant to cooling off rights (see below) we may charge an admin fee in respect of any changes to any Hire Contract made by you. The admin fee will be the fee specified on the Web Site at the time.
Input of Incorrect Information
We cannot accept any liability for any failure to comply with specific instructions stated on the Web Site or for any incorrect information you provide.
Cooling off period
After entering into a Hire Contract we will send you an email (on the email address you supply when ordering on the Web Site) confirming details of the Hire Product and Hire Contract. You will then have a "cooling off" period during which you have a right to cancel the Hire Contract without charge. You may exercise that right by using the cancel function provided on the Web Site or by notifying us by email at customer.services@edeandravenscroft.co.uk. We will refund any payments made by you if you exercise that right to cancel. The cooling off period and related right to cancel will end on the earlier of:
(a) unless agreed otherwise in writing, when you collect the Hire Product(s) covered by the Hire Contract; or
(b) seven working days from the date the Hire Contract first subsists (in accordance with the General Terms and Conditions above).
General cancellation right
In addition to your right to cancel during the cooling off period as explained above, if you are unable to attend the relevant Ceremony, for whatever reason, we will refund the payment you've made under the Hire Contract provided we have received your notification of cancellation at least seven full days before the date of the Ceremony. An administration fee will be charged for making such cancellations (except where you notified us of cancellation within your cooling off period referred to above). The admin fee will be the fee specified on the Web Site at the time.
Statutory rights
The rights of cancellation and refund and any limitations on those rights expressed in these terms and conditions do not affect your statutory rights.
Refunds for Products hired on this Web Site can only be credited to the credit or debit card originally used to make the purchase.
Special requests
If you have any special requirements, e.g. an extra small Hire Outfit, please notify us of these requirements when placing your order and we will do our best to meet your needs (but you acknowledge we may not be able to do so and it is not a term of the Hire Contract that we will).
Collection Day
Your Hire Product(s) will be ready for collection on the date of the Ceremony from the E&R collection area set aside by your institution . On the inside of the Hire Product(s) will be a ticket with your name and reference number on it. Please do not remove this ticket, as it will be needed to register the return of the Hire Product after the Ceremony.
Extra Time
For an extra charge, and when ordered at the time you enter into the relevant Hire Contract (or when making a change to the detail of the Hire Contract in accordance with these terms and conditions) you may keep your Hire Product for an extra 7 days after the Ceremony. You have the responsibility for the cost of returning the Hire Product and you should obtain and retain proof of postage when posting the Hire Product to Ede and Ravenscroft. The Hire Product must not be taken out of the United Kingdom. Any agreement for you to retain a Hire Product as contemplated in this section shall form part of the Hire Contract and your rights of return and refund will be as set out in these Terms and Conditions of Hire. You will only be entitled to a refund in respect of such an agreement as part of a full cancellation of the relevant Hire Contract in accordance with these terms and conditions.
Return of Hire Product
Hire Products that are not subject to agreed extra time as contemplated above must be returned on the date of the Ceremony in good time and in good condition to the E&R collection area set aside by your institution. Customers who are making use of the extra time option as explained above must return the Hire Product to E & R at the address listed in the General Terms and Conditions in the bags provided with them. Overdue returns will incur an extra charge at the rate of ½ the original hire fee per week or part thereof.
Liability
During the Hire Period, you are responsible for the safekeeping of the Hire Product and will be liable for the full retail price in the event of any damage or loss occurring to it, whether or not this is due to negligence on your part. E&R's total liability for any claim in relation to any Hire Contract howsoever arising shall not exceed the price payable under that Hire Contract. E&R shall not be liable for any loss of profits, wasted time or any indirect, special or consequential losses whether any such losses or wastage arise from a breach of contract, negligence or in any other way and irrespective of whether E&R was or ought reasonably to have been aware of the possibility of such things.
For the avoidance of doubt, E&R's liability for: (a) death or personal injury resulting from its negligence or that of its servants or agents; (b) breach of any condition as to title or quiet enjoyment of or in relation to any goods supplied by it under any agreement for hire or sale; (c) under Part I of the Consumer Protection Act 1987; (d) fraudulent misrepresentation or (e) in relation to any other liability, including any liabilities under sale of goods or supply of services legislation, that may not by applicable law be excluded or limited; is not excluded or limited by these terms and conditions, even if any other term of this agreement would otherwise suggest that this might be the case.
Payment
Payment for Hire Products will be made via the Web Site in accordance with the procedure explained in the Web Site.
Delay and failure to perform
E&R shall not be liable for any breach of any Hire Contract which arises by reason of any delay in performing, or any failure to perform, any of its obligations in relation to the service of hiring the Hire Outfit, if the delay or failure was due to any cause beyond its reasonable control.
Representations
Our employees or agents are not authorised to make any representations concerning Hire Products unless confirmed by E&R in writing. Subject to the above statement about fraudulent misrepresentation, in entering into the contract of hire you acknowledge that you do not rely on any such representations which are not so confirmed.
TERMS AND CONDITIONS OF SALE
These Terms and Conditions of Sale govern all products you enter into a contract to purchase on this Web Site ("Products" and a "Contract" respectively). These terms are specific to Products but Contracts are also governed by the General Terms and Conditions above which you should also read. Variations to these Terms and Conditions of Sale shall only be effective if (a) reflected in a new version posted in this Web Site or (b) specifically accepted and agreed by us in writing.
Supplier of Products
The Products you purchase will be supplied by Ede and Ravenscroft Limited which is located at the address set out in the General Terms and Conditions above. E&R Photography is located in Peterborough
Description of Products
Every care has been taken to describe and portray Products on this Web Site accurately using current technology, but variations in actual goods may occur.
The prices of Products are stated on the Web Site and are quoted inclusive of VAT applicable to supply in the UK. Where VAT does not apply a price adjustment will be made and a copy of your ex VAT invoice will be dispatched with your goods. The prices are subject to change without notice.
Contracts
Contracts are formed in accordance with the timing and procedure set out in the General Terms and Conditions above.
We cannot accept any liability for any failure to comply with specific instructions stated on this Web Site or for any incorrect information provided by the customer.
Stock and Delivery Dates
We cannot guarantee permanent or continuous availability of all Products. Dispatch times for all Products will be stated on the "shopping basket" and "final details" screens on the Web Site. Depending upon the method of dispatch chosen and the delivery address, delivery of products will normally be between 1 and 7 days of dispatch. We will only dispatch when all items of the order have become available in stock and as such the delivery time for the Products will be 1-7 days after the longest dispatch time specified on those screens. Non-stock items will be ordered in and will therefore carry longer delivery times to stock items.
Unless otherwise stated on the Web Site, photographs will be delivered within 6 weeks after the Ceremony at which they were taken.
Delivery address and overseas deliveries
We will deliver Products to the address you supply when ordering on the Web Site. You must provide an address where someone will be in (work address, neighbour, friend etc.). If something is not a stock item, we will send it to you as soon as it is available.
Delivery charges
Delivery charges vary by location and type and combination of Products ordered. Delivery charges will be notified to you on the Web Site when you place an order and confirmed to you in the confirmatory email (see below).
Overseas orders
We can accept orders from most overseas addresses. Local import duties may be payable by you upon receipt.
Photographs
Between you and Ede & Ravenscroft, we retain full, unlimited, worldwide copyright and other intellectual property rights in all photographs purchased on this Web Site and we do not supply negatives. The photographs are solely for personal display purposes and may not be copied, published, reproduced or stored on any electronic retrieval system without the express written permission of Ede & Ravenscroft. The photographs will be supplied on paper or on CD as indicated on the Web Site.
Photographs will, in time, fade. This is particularly true if they are left in bright sunlight and are not behind glass. Ede & Ravenscroft Photography cannot accept any responsibility for this gradual image deterioration.
Anyone taking part in a group photograph at a ceremony does so voluntarily and on the basis that they consent to the fact that it may be displayed and made generally available for sale on this Web Site (and any successor to this web site) and in other Ede & Ravenscroft publications and used for promotional purposes. This consent cannot be withdrawn.
Individual photographs available on the Web site are not reproduced on the Web Site. Any sample individual photograph included, whether in "thumbnail" or full form is for sample purposes only.
After entering into a Contract we will send you an email (on the email address you supply when ordering on the Web Site) confirming details of the Product and the Contract. Except in relation to the purchase of photographs, you will then have a "cooling off" period during which you have a right to cancel the Contract without charge. You may exercise that right by using the cancel function provided on the Web Site or by notifying us by email at customer.services@edeandravenscroft.co.uk. Following such notice you must return the Products covered by the cancelled Contract undamaged to us at the address set out in the General Terms and Conditions. Following you exercising your right of cancellation we will refund any payments made by you. The cooling off period and related right to cancel will end seven working days from the date the Contract first subsists (in accordance with the General Terms and Conditions).
General guarantee and returns policy
Products other than Photographs
Without prejudice to your cooling off rights set out above, if you are not satisfied with any Product other than a photograph, please return it to us along with details of your Contract (date, product, your name) and we will, at our choice and subject to the Product being unused and in a resaleable condition, either exchange it or provide you with a refund. You should return any such Products to;
Ede & Ravenscroft Web SalesUnit 51 Denny Industrial EstatePembroke AvenueWaterbeachCambridgeshireCB25 9QDYou are responsible for the costs of returning the Products. We will process returns as soon as they arrive, except during extremely busy periods when there may be a short delay. We reserve the right to charge an administration fee for returns outside the cooling off period. The fee will be specified on the Web Site.
When returning Products on which you have received any promotional or other discount the refund will only cover the price you paid.
If you are unhappy with any photographs purchased on the Web Site you should contact Customer Services. However, without prejudice to your statutory rights, in accordance with the accepted practises of all professional photographers and photographic laboratories, the return of, or demands for refund or refusal to settle charges in relation to, any photographs or prints of reasonable quality will not be accepted. We cannot be responsible for individual tastes or expectations.
Transit
When sending a return (whether under your cooling off rights or otherwise), you must take reasonable care to see the Product reaches us undamaged and we therefore strongly recommend that you send it by registered post (or international equivalent).
Refunds for Products purchased on this Web Site can only be credited to the credit or debit card originally used to make the purchase.
Amendments to Contracts
We will consider requests to amend Contracts, in terms of changing Products or other details, but subject to anything to the contrary set out in these terms and conditions and subject to your cooling off rights, we are not obliged to accept any and we reserve the right to charge an administration fee for any amendment we agree to.
E&R's total liability for any claim howsoever arising shall not exceed the price of the Products supplied by E&R to you. E&R shall not be liable for any loss of profits, wasted time or any indirect, special or consequential losses whether any such losses or wastage arise from a breach of contract, negligence or in any other way and irrespective of whether E&R was or ought reasonable to have been, aware of the possibility of such losses.
For the avoidance of doubt, E&R's liability for: (a) death or personal injury resulting from its negligence or that of its servants or agents; (b) breach of any condition as to title or quiet enjoyment of or in relation to any goods supplied by it under any agreement for hire or sale; (c) under Part I of the Consumer Protection Act 1987; (d) fraudulent misrepresentation or (e) in relation to any other liability, including any liabilities under sale of goods or supply of services legislation, that may not by applicable law be excluded or limited; is not excluded or limited by this agreement, even if any other term of this agreement would otherwise suggest that this might be the case.
Payment for Products will be made via the Web Site in accordance with the procedure explained in the Web Site.
E&R shall not be liable for any breach of any Contract which arises by reason of any delay in performing, or any failure to perform, any of its obligations in relation to any Product, if the delay or failure was due to any cause beyond its reasonable control.
Our employees or agents are not authorised to make any representations concerning the Products unless confirmed by E & R in writing. Subject to the above statement about fraudulent misrepresentation , in entering into a Contract you acknowledge that you do not rely on any such representations which are not so confirmed.