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Terms & Conditions - For Robert White

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1. Status of Terms & Legal Rights

1.1: Robert White is a trading name owned by Flaghead Photographic Limited. Flaghead Photographic Ltd is a company registered in England and Wales (Company Reg No: 5338134, VAT Reg No: GB 854 2303 43) at: 1 Winchester Place, North St, Poole, Dorset, BH15 1NX. Our primary place of trading is: Unit 6 Alder Hills Industrial Estate, 16 Alder Hills, Poole, Dorset, BH12 4AR.

1.2: These terms and conditions constitute a legal document, which sets out the rights and obligations of you as a user or purchaser ("you") and those of Flaghead Photographic Ltd, trading as: Robert White ("Robert White", "Flaghead," "we" or "us") in relation to the products and services offered by us through robertwhite.co.uk. By using the web site, ordering products from us (online or by telephone, fax or post) or registering for services, you agree to these terms & conditions, and you re-affirm these every time you use the web sites or any of our services.

1.3: Your statutory (legal) rights are not affected by these terms and conditions. All orders & purchases are subject to English law and to the jurisdiction of the English courts.

1.4: Flaghead Photographic Ltd, Trading as Robert White, shall not be held liable for any breach of a sales agreement caused by circumstances beyond our control, e.g. internet failure, fire, flood, strikes etc.

1.5: These terms and conditions are prepared in accordance with The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 & Consumer Rights Act 2015.

1.6: These terms and conditions apply to retail sales only. Trade customers of Flaghead Photographic Limited should refer to the specific terms and conditions which form part of their contract with Flaghead.

2. Descriptions

2.1: We take care that all details, descriptions and prices of products listed on our web site are correct at the time of listing. If these descriptions are not correct at the time of delivery we will accept the return of those goods for a full refund in accordance with the conditions detailed below.

2.2: All prices are quoted in £ - GBP Sterling and the full price being paid will be shown on all invoices.

2.3: We do our best to ensure that all prices are quoted correctly but we reserve the right to not accept an order in the unlikely event that a price be displayed or quoted incorrectly. In such a circumstance you will be notified by email or telephone.

3. Orders

3.1: All orders for goods or services are subject to these terms and conditions and are subject to English Law.

3.2: VAT – Value Added Tax (Sales Tax) & Duty

i) Value Added Tax (VAT) is included at the UK rate applicable at the time of purchase (Currently 20% as of 2011) and is payable on all purchases delivered in the UK or within the EU.
ii) Companies or individuals registered for VAT in an EU country may be able to offset the VAT charge at time of purchase: this is conditional on provision of full, valid VAT registration details.
iii) All purchases by persons outside the EU will be exclusive of VAT; however it is the purchaser’s responsibility to pay all import duties, customs duties, sales tax, brokerage fees and any/all other charges within the country of delivery. Our charge for items purchased is net of all costs at the point of dispatch. Duty is often payable to the courier on, or prior to delivery of the goods, who may have already paid these in advance on your behalf to clear customs. The courier may also add a brokerage fee for this service. We will describe all goods accurately on all documentation: we will not comply with any requests to falsely declare goods to avoid charges (i.e. undervalue or mark items as gifts).
iv) If the item/s ordered are not available and the VAT rate changes before we are due to ship the goods we will notify you of the change and give you an opportunity to cancel the order.

3.3: Orders may be made via the internet, by email, telephone, post, or in store.

3.4: Please note, the law allows for goods to be delivered without undue delay and within 30 days, however, subject to the availability of the item purchased we will do our best to dispatch all orders within 24 hours between Monday to Friday. For orders made over a weekend or public holiday we will do our best to ship those during the next working day. During busy times such as at Christmas please allow for additional time for shipping and delivery. For urgent orders please telephone us. Unless we have agreed otherwise, we shall not be held in breach of contract unless goods fail to reach you within 30 days.

3.5: If an item is out of stock we will aim to advise you of the expected delivery date, although we may not be able to guarantee a date and you will have the option to cancel the order if you so wish.

3.6: Any goods that are supplied at no cost, or a reduced cost, as part of a deal or promotion (whether advertised or negotiated) are conditional on the sale of all the goods within the contract that form part of that deal or promotion.

3.7: Order acceptance and the completion of the contract between us will take place on the dispatch to you of the order, or at the point at which you collect the goods from the premises or other nominated business location (e.g. a trade show or event)

3.8: We shall not be liable for any consequential or other loss by the failure of an order to be delivered.

4. Payments & Refunds

4.1: There are a variety of payment options available. Payment online can be made by debit or credit card, PayPal and direct bank transfer. Payment over the telephone can only be made by debit or credit card. Payment for orders on premises is by either a card machine (PDQ / Chip & Pin) or cash. Please see our 'Payment Options' page for helpful information regarding payment methods.

4.2: All orders placed through our website or over the phone by PayPal or card are charged immediately, irrespective of stock status.

4.3: Financial Transactions:

i) All financial transactions are charged in £ - GBP Sterling.
ii) Any subsequent refunds issued on a transaction will also be in £ - GBP Sterling, and will normally be processed via the method used to make the original payment. 
iii) Fluctuations in exchange rate may mean that international customers could receive any refunds issued at a higher, or lower exchange rate, than were charged by their bank or card provider at the time of the original transaction. We shall not be liable for any financial loss caused by fluctuations in exchange rate.

4.4: No order will be dispatched until payment, including any shipping costs, has been received by us in full.

4.5: For international payments by bank transfer you must make the payment in £ - GBP Sterling (See 2.2 & 4.3). This may require you to pay a fee to your bank. As per 4.4 orders will not be dispatched until the full payment has been received.

4.6: Payments by bank transfer are to be made to our Barclays Bank account. Account details can be found at the checkout when selecting this option, or on request by email. 

5. Delivery

5.1: We will dispatch all goods by the selected method and will charge the actual cost (which will include insurance and packing charges) which is shown on the website and will be included at checkout.

5.2: We do not accept any liability for any delay of delivery as this is outside our control. Any delivery time quoted is a best estimate. Where appropriate tracking numbers will be given to the customer.

5.3: Certain couriers offer direct tracking notification via email and/or SMS (text message) You agree that email and mobile telephone details may be passed to couriers to facilitate this process. (See section 9)

5.4: Delivery to countries outside the EU may be liable for additional charges in the form of import duty, taxes & brokerage fees: please see section 3.2 above.

6. Cancellation Policy for Distance Sales

6.1: Right to cancel

i) You may have the right to cancel a contract for the sale of goods or services under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. This only applies to sales made by distance, off-premises, such as over the telephone, via the internet, or by post. The purpose of this right to cancel is to allow distance buyers the fair opportunity of inspection to establish the nature, characteristics and functioning of the goods, that might reasonably be allowed in a shop. For goods that you think are not as described, not fit for purpose or not of satisfactory quality (e.g. faulty) please see section 7 (Returns Policy and Manufacturer Warranties), relating to the Consumer Rights Act 2015.

ii) The right to cancel does not apply to any goods that are made to your specifications or are clearly personalised. Software, memory cards, DVDs, photographic film and similar products (e.g software, digital memory hardware or media & perishable items) can only be cancelled after receipt if still sealed.

iii) You may cancel any eligible order for goods that has not yet been dispatched or collected, at any time and without giving any reason.

iv) You have the right to cancel any eligible contract for received goods within 14 days without giving any reason.

v) The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. In the case of multiple goods ordered by you in one order and delivered separately, the cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires possession of the last good.

vi) If our records do not show the existence of a sale, proof of purchase will be required to cancel.

vii) To exercise your right to cancel, you must inform us (Flaghead Photographic Ltd, Trading as: Robert White, Unit 6 Alder Hills Industrial Estate, 16 Alder Hills, Poole, Dorset, BH12 4AR, United Kingdom) of your decision to cancel a contract by a clear statement (e.g. a letter sent by post to the address above, or by email to contact@robertwhite.co.uk) detailing your name, a description of the goods or services concerned, the order number of the cancelled order, delivery details and other relevant information. You may use the model cancellation form provided by clicking here, but it is not obligatory. Failure to contact us in respect of a return or cancellation in line with one of the methods set out above may result in a delay in processing your return or the goods being returned to you.

viii) By purchasing from us you agree that we may send you information relating to your right to cancel via email as a durable medium. A copy of these terms and conditions will be included in an email sent you at time of dispatch.

6.2: Effects of Cancellation

i) If you cancel a contract, we will reimburse to you all payments received from you, including the costs of delivery (except supplementary costs arising if you choose a type of delivery other than the least expensive type of standard delivery offered by us). See section 4 for important information on refunds.

ii) We will not impose any fees upon the reimbursement, but-

(a) we may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result on unnecessary handling by you, (e.g. in particular, if it goes beyond the sort of handling that might reasonably be allowed in a shop). Any goods should be handled with due care and returned with the original packaging and accessories it was received with. (e.g. if the box / packaging has been opened to examine the product it should be done so without unduly damaging or marking the product, packaging or any accessories).
(b) any promotional items or gifts supplied as part of the contract are conditional (see 3.6) and must be returned (in same condition as point (a) above), or the retail price of the items will be deducted from any reimbursement. 
(c) if the contract consists of multiple goods that are part of a combined promotion or deal, all related items must be returned, or the reimbursement will be relative to the goods within the contract. (e.g. if several goods are purchased together at a group discount and one is returned, it nullifies the deal/promotion and the reimbursement will be adjusted to reflect the relative increase in price of the goods kept)

iii) We will make reimbursement without undue delay, and not later than-

(a) 14 days after the day we receive back from you any goods supplied, or
(b) (if earlier) 14 days after the day you provide evidence that you have returned the goods, or
(c) if there were no goods supplied, 14 days after the day on which we were informed about your decision to cancel the contract.

iv) We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees by us as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is earliest.

v) If you have received goods in connection with the contract-

(a) you shall send back the goods or hand them over to us (Flaghead Photographic Ltd, Trading as: Robert White, Unit 6 Alder Hills Industrial Estate, 16 Alder Hills, Poole, Dorset, BH12 4AR, United Kingdom), without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of the contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
(b) you will have to bear the direct cost of returning the goods, and are responsible for providing and managing adequate insurance to cover the eventuality of loss or damage in transit.
(c) you are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

6.3: No liability will be accepted for items delivered outside the EU, which may be in contravention of the laws relevant at the point of delivery.

7. Returns for faulty goods and Manufacturer Warranties

7.1  If goods you have purchased from us are reported as faulty or misdescribed, they will be dealt with under The Consumer Rights Act 2015.

7.2 The majority of our new goods also come with a 12 month manufacturer’s warranty. Manufacturer’s warranties are given in addition to the law. Some manufacturers offer longer periods which will be shown on the product descriptions. A manufacturer’s warranty does not restrict your statutory rights.

7.3 If a customer wishes to return faulty goods please contact us before returning them. We will advise of the correct paperwork and method of shipment required. We may arrange for our own courier to collect

7.4 We will not accept liability for goods lost in transit unless we have arranged the postage or collection. Therefore, we recommend that when you return goods to us you obtain proof of posting or a courier receipt and confirmation of insurance cover to the full value of the goods.

7.5 Business buyers: we reserve the right to replace, refund or repair the goods under the Manufacturer’s warranty. No damages will be paid for consequential loss.

7.6 If goods are faulty we will refund, replace or repair in accordance with current English law.

7.7 Flaghead Photographic Ltd shall not be liable for any consequential loss or damage resulting from the supply of goods or services or their failure, malfunction or unsuitability or any circumstances beyond our reasonable control.

7.8 Faults or damage caused by accident, neglect, misuse or normal wear and tear will not be covered by any warranty.

8. Personal Data

8.1 We comply with the Personal Data/Protection applicable to the UK.

9. Links to and from other websites

9.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.

9.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions: (a) you do not remove, distort or otherwise alter the size or appearance of The Robert White logo; (b) you do not create a frame or any other browser or border environment around this Website; (c) you do not in any way imply that we are endorsing any products or services other than our own; (d) you do not misrepresent your relationship with us nor present any other false information about us; (e) you do not otherwise use any of Robert White's trademarks displayed on this Website without our express written permission; (f) you do not link from a website that is not owned by you; and (g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations. We expressly reserve the right to revoke the right granted in this clause 9.2 for breach of these terms and to take any action we deem appropriate.

9.3 You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of clause 9.2.

10. Registration

10.1 Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.

10.2 Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.

10.3 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.

11. Complaints

11.1 If you wish to make a complaint about our service or any other issue please contact us by:

i) Email: contact@robertwhite.co.uk; or
ii) Telephone: +44 (0) 1202 723046; or
iii) In writing to:

Flaghead Photographic Ltd
Trading as Robert White
Unit 6 Alder Hills Industrial Estate
16 Alder Hills
Poole
Dorset
BH12 4AR
U.K

11.2 We endeavor to provide an excellent service and all complaints and constructive criticism will be taken seriously and we will respond within five working days.

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