Terms & Conditions
Your contract is with "THE IMAGING WAREHOUSE LIMITED" Registered in England & Wales as Company No. 02515872
Registered address: 1A, Black Hill Industrial Estate, Warwick Road, Stratford-Upon-Avon, Warks. CV37 0PT. United Kingdom
UK VAT Number: GB 695-2418-08
Telephone: ++44 (0)1789 739200, Fax: ++44 (0)1789 731569, Email: email@example.com
The three registered brand trade names of "PermaJet", "Nova Darkroom" & "Nova Digital" are the legal property of THE IMAGING WAREHOUSE LTD.
"The Company", "us" or "we" means The Imaging Warehouse Limited. "The Customer" or "you", means the person who enquires about our products, account applicant, or purchaser of goods from the company.
Every quotation, pro-forma invoice, price list or other similar document made or issued by The Imaging Warehouse Ltd ("the company") is made or issued subject to these General Terms and Conditions of Sale. These terms and conditions do not affect consumers' statutory rights as contained in current legislation governing the relationship between consumers and businesses.It is acknowledged by all customers using this website that the action of placing an order via the checkout constitutes an automatic acceptance that you have fully read and are agreeing to be bound by the terms and conditions herein stated below.
ACCEPTANCE OF ORDERS
No order resulting from any quotation, pro-forma invoice, price list, order acknowledgement or other similar document made or issued by the Company shall be binding unless and until it is formally accepted by the company. Acceptance of an order is only made formal and legally accepted by the Company once the goods are despatched and/or actually delivered to the customer's requested address. At all times prior to this, the Company, at its absolute discretion, may proceed to accept or reject any order, whether on account of the equipment being no longer available or for any other reason whatsoever. In all instances of rejection, any monies received by the Company would be refunded in full against the originating payment card or account without further recompense.
PRICING, TAXES & PAYMENTS
All prices quoted at the checkout/basket stage on the company's website are quoted and transacted in Great Britain (UK) Pounds Sterling (GBP). Alternative currencies can be selected using the "Currency Selection Icon" in the very top menu but activate the web prices to be displayed based upon a fixed exchange rate - these prices are for indicative purposes only and are not a guaranteed price that you will pay at the checkout. These indicative prices will, by default, include UK Value Added Tax (VAT) at the current UK rate of 20% (valid from January 4th 2011).
Payments are transacted securely in GBP currency via SAGEPAY payment gateway where the accepted card types are Visa, Mastercard, Solo, Switch etc.. Select the appropriate option in the payment method screen. Full payment of your whole order is taken and charged to your card at this point irrespective of stock availability and an order acknowledgement is sent automatically to the registered e-mail address associated with your account.
All E.U. member states pay the prices shown including UK VAT at the current rate. However, if you are an E.U. commercial business user (except UK) and have a valid VAT/TVA number, you can quote the number in the VAT number box when registering or ordering for the first time and pay for the goods in the normal way.
NOTE:- Your first order will always be charged including UK VAT at the current rate on the whole order value. Once we receive your order your VAT/TVA number has been verified as legally yours and confirmed as registered to you, then subsequent orders through our website will then have the UK VAT element deducted automatically as it will be stored against your web account and recognised in our system. We are legally unable to retrospectively refund any amount of UK VAT paid on the order once you have accepted these terms and conditions and paid for your order.
All non-E.U. customers are exempt from UK value added tax and this is automatically deducted from the prices when you select your non-E.U. country destination (providing you registered your account at least 24 hours prior to placing an order through the checkout). You may, however, be liable to pay customs clearance, duties or local taxes on arrival of the consignment. It is always the customer's responsibility to pay their own country's local duties and taxes.
Please note: Non-UK customers who use non-UK bank cards may well be charged a fee by their credit card issuing company for the transaction conversion to your own currency. These charges are always the responsibility of the customer and do not form part of any of the company's pricing structure.
UK CUSTOMERS —
For most deliveries to the UK mainland, orders processed automatically through the website will incur a delivery/shipping charge irrespective of the actual order value and these delivery charges and services are calculated and offered for selection as you progress through the checkout. UK shipping prices start at £4.95 (inc. VAT) progressing upwards dependent upon the weight of your basket of items, your postcode area and the delivery service you choose.
On occasions, promotions may be in place to waive these charges if a minimum order value is met - this only applies to UK customers and deliveries where they do not fall within a postcode surcharge area listed below.
Any orders placed by non-UK customers from overseas will ALWAYS be subject to additional delivery charges irrespective of whether they meet a minimum order value (please see appropriate section below for the correct overseas ordering procedure).
At checkout, some UK postcode areas incur higher delivery charges.The following list details some of those areas but is not a complete and definitive listing. Northern Ireland, Islands & Highlands of Scotland, Scilly Isles, Isle of Man.AB31-AB56, FK19-FK21, all HS, all IV, KA27-KA28, all KW, PA20-PA78, all PH, all ZE, all BT, all IM, TR21-TR25.
NOTE:- JERSEY (JE), GUERNSEY (GY) and other Channel Island territories/postcodes are classified as non-UK customers and are therefore subject to overseas charging rates - see "Non-UK Customers" section below.
If your delivery is to one of the areas above, a delivery surcharge may be applied after the time of ordering (dependent upon weight and volume). Delivery times to these higher postcode areas are generally 2 to 4 working days.
The UK delivery services are generally based on a next day delivery service (non-guaranteed) using a parcel carrier or 1st Class Letter Post depending upon the weight or value of the items ordered and will always be fully insured within the cost. Deliveries are usually completed within 72 hours but no standard delivery charge service is guaranteed within any binding timeframe unless you have paid for a "Priority Next Day Delivery Before 1pm" service. Whilst failure of this service choice would entitle the customer to a refund of their postage charge, the company will not liable for any compensation for any consequential losses that may have been incurred because of the delivery failure.
If you select a 'Priority Next Day - before 1pm' option then your order has to be placed on the website before 1pm to guarantee a same day despatch on that service. Orders placed after that time will not be guaranteed to leave the same day on that selected service, but will definitely leave by the following working day on that service (subject to stock availability - you will be advised if there is a product shortage). Priority Services DO NOT include Saturday or Sunday and so any order placed on Friday using this service would be delivered before 1pm on Monday which is the next working day. Under no circumstances will The Company be liable for any consequential losses incurred by the customer because of late despatch or product non-availability.
Signatures for consignments are usually required by the carriers. If this is seriously inconvenient, please specify a safe place to leave parcels without signatures in the "SPECIAL DELIVERY NOTES" section when ordering - this action may invalidate any insurance cover provided for mislaid parcels and the customer ultimately becomes responsible for any losses by theft or mis-delivery.
NON-UK CUSTOMERS —
The Imaging Warehouse has a long tradition of exporting its products throughout the World. Please proceed through the checkout ensuring that you select your particular country. Deliveries can only be made to addresses within the same country as the registered billing address.
The system will offer you a shipping price for some countries where we have been able to set fixed delivery prices. Shipping costs to countries that do not have stored shipping prices will make our system forward your basket contents to our sales team for a shipping quotation and can only be calculated by our office sales staff once you have completed the order process through the checkout - you will not be charged for any goods at this stage but we will receive a notification of your details and what you would like to order. You will be contacted by telephone or by e-mail detailing the appropriate shipping costs and describing your options to make the payment securely and correctly.
NOTE:- Certain goods, particularly liquids or aerosols, may be deemed hazardous or restricted for overseas shipping and you will be advised by email if this is the case.
Depending upon the items purchased, we usually use Parcelforce airmail or a special freight forwarding agent. Non-EU customers may well be liable to have to pay customs clearance, import duties or local taxes upon arrival of the consignment. These costs will always be at the customer's expense and responsibility.
Where possible, all items are insured and despatched on the same day of the order being placed if your order is placed online by 3pm Monday to Friday. Whilst every reasonable effort shall be made to keep to a same day despatch and next day delivery date, the time of delivery is not guaranteed. The company shall not be liable for any losses, costs, damages or expenses incurred by the customer or any other person or company arising directly or indirectly out of any failure to meet any estimated delivery date. The risk in the goods shall pass from the company to the customer upon delivery of such goods to the customer's specified address and provided said goods have been paid for in full.
The company warrants that the goods will, at the time of delivery, correspond to the description given by the company in its brochure or website (unless otherwise advised). It is the responsibility of the customer to check the compatibility and suitability of goods for any particular purpose before ordering. The company hereby reserves the right to make, without notice, such minor modifications in specifications, designs or materials as it may deem necessary or desirable by experience.
Whilst the company ensures that stocks are kept at good levels at all times to meet demand, there will be occasions where it will unable to complete your order to go out on a same day despatch.
In such cases, you will be advised by e-mail or telephone within 24 hours offering alternative products or asking what you would like the company to do. This may take the form of accepting the alternative product advised or accepting a refund for the items that cannot be supplied.
In some instances, the company will, depending upon the value of the order or the nature of its suppliers terms, insist that you must allow a certain lead time for the supply of the goods. In other instances, the company will send part orders and be responsible for any further shipping costs of backordered items once they arrive in stock.
DAMAGES & SHORTAGES
Upon receipt of the delivery of any goods by a parcel carrier, it is the responsibility of the customer to check the external condition of the packaging prior to signing the carrier driver's consignment note. If the external packaging appears marked or damaged in absolutely any respect, the driver's note must be marked with the words "Packaging received damaged - goods not checked" and cross out the carrier's statement saying "Goods received in good condition". Failure to do this will mean that the customer becomes liable for all damage and has no recourse for replacement or refund of the goods from The Imaging Warehouse Ltd. NEVER discard any of the packaging or goods as they will be required for future inspection in the event of a valid claim against the carrier.
In any event, the customer shall report any damage or shortage to the company by e-mail or telephone within 3 days of delivery and supply digital images of the damaged items and packaging. Provided prompt notice of transit damage or loss is given and provided it is proved to the company's satisfaction that such damage occurred in transit in the UK but not otherwise, the company will refund, repair or replace such equipment free of charge to the customer. (see also Warranty & Returns)
OWNERSHIP & RISK
The risk in the goods shall pass from the company to the customer upon delivery of such goods to the customer. However, notwithstanding delivery and the passing of risk in the goods, title and property in the goods, including full legal and beneficial ownership, shall not pass to the customer until the company has received in cash or cleared funds, payment in full for all goods delivered to the customer under this and all other contracts between the company and the customer for which payment of the full price of the goods thereunder has not been paid. Payment of the full price of the goods shall include the amount of any interest or other sum payable under the terms of this and all other contracts between the company and the customer under which the goods were delivered.
PRODUCT MISUSE & GUARANTEE
All products supplied are manufactured to exacting standards and are designed to give years of satisfaction and pleasure to its user. They are guaranteed by their respective manufacturers against defects in manufacture for a period of twelve months from the original date of purchase. OEM branded electronic products and equipment such as Epson/Canon scanners and printers, X-Rite profiling devices and all other brands are covered by a manufacturer's 12 month warranty. Any extension of that warranty can only be agreed directly between yourself as the buyer and the OEM manufacturer. All guarantees apply only to products sold within the United Kingdom/E.U. and do not effect your statutory rights as a purchasing consumer.
Any product that becomes faulty outside of the 12 month warranty period from date of purchase will fall outside of the responsibility of The Imaging Warehouse in terms of costs of repair/replacement or handling. You are welcome to consult us for advice or guidance for local repair centres or manufacturers' addresses but we are not legally obliged to act upon your behalf in communication with the manufacturer in order to rectify the problem.
In the event of any equipment, or part thereof, becoming defective owing to defects in materials and/or manufacturing within the guarantee period, The Imaging Warehouse Ltd undertake to repair or replace the product at their sole discretion, totally free of charge. This undertaking applies only if the equipment has, at all times, been used in STRICT ADHERANCE TO THE OPERATING INSTRUCTIONS supplied with the product.
Should any equipment malfunction as a result of abnormal environmental factors (including without prejudice to the generality of the foregoing mains power transients or dropouts, electromagnetic interference, extremes of humidity, vibration, electro-static damage, temperature or pressure or chemical corrosion then all costs incurred by the company in repairing such equipment and investigating the causes of the malfunction shall be payable to the company by the customer.
Procedure for repair or replacement - In the event of experiencing a product fault please contact our Customer Service Department in writing, or by e-mail to firstname.lastname@example.org clearly stating the product code, serial no. (if applicable), date of purchase and the actual fault. The company will advise you, in writing, of the best course of action to take in dealing with the faulty product and if necessary, will issue an official Returns number.
WARRANTY & RETURNS POLICY
Under UK/E.U. law, we are governed by the "Consumer Contracts Regulations 2013". Your statutory rights and legal entitlement to replacement/refund of goods is covered by this procedural document.
Once a delivery is received from us, you are expected to inspect the consignment of goods and check that they are as you ordered and listed on the paperwork. This must be carried out within 14 working days from the delivery date.
You must inform us in writing by letter or e-mail in all instances of delivery shortages (unless noted on the paperwork), incorrectly picked items, or damaged/faulty items.
Once the 14 working days have passed, The Imaging Warehouse Ltd is not liable to accept responsibility to send you any products to correct the damaged items or picking errors without cost. In cases of faulty items or goods not fit for their purpose, your statutory rights remain unaffected.
No goods can be returned to us for credit or replacement without an authorised returns number which will be submitted from our customer service department by telephone or e-mail. This must be quoted on all correspondence when writing to us or returning the product.
In instances where the customer returns goods which were ordered in error, the company reserves the right to charge 15% of each product's value as an administration/restocking fee - these goods must have a valid authorised returns number and be received in original packaging and in perfect condition.
Payment of return postage costs are always the customer's responsibility unless otherwise agreed in writing.
The company will not be liable for any breach of agreement, for delay or failure to perform if the delay or failure is due to acts of God, civil commotion, riots, floods, drought , fire, legislation or other cause beyond the companies reasonable control. This does not affect your statutory rights. If the company choose not to enforce a right under this agreement, that decision will not prevent the enforcement of other rights, or the same right on a later occasion.
Under no circumstances shall the company be responsible for any indirect, incidental or consequential damages resulting from any correspondence or sales transaction.
DISTANCE SELLING REGULATIONS & CUSTOMER'S RIGHTS
The Imaging Warehouse Ltd has a longstanding trading tradition of good customer service and after-sales support. We abide by the Consumer Contracts Regulations 2013 set down in consumer law and will, at all times, honour our legal responsibilities with regard to any sales of goods.The terms and conditions of sale detailed below are provided for your information, in line with legislation contained in Consumer Contracts Regulations 2013. This legislation covers items bought where there is no direct contact between the supplier and the consumer. It does not apply where goods are bought for business use, from showrooms, fairs or exhibitions or any goods made to a custom specification.
Under current legislation, the Consumer Contracts Regulations 2013 allow for a "cooling off" period of 14 days from the date of the customer's receipt of the last item of goods from an order. Under this law, the Customer may return specified goods for a full refund without any reason following written notification by e-mail, fax or letter (a telephone notification alone is NOT acceptable) - you will be issued with an official returns number which needs to be quoted with all goods returned to our premises - the goods are expected to be returned with a period of 14 days following notification of an intended return. This cooling off period explicitly excludes goods made to a customer's personal specifications. It also does not apply to goods intended for everyday consumption, video recordings or computer software where the seal is broken by the customer. Goods returned have to be unused, complete, in perfect resaleable condition and including original packaging.
All costs of returning and appropriately insuring the goods until a satisfactory receipt by the company will be borne in full by the customer.
Once all specified goods have been received in good condition by the company, it will ensure that the customer is fully re-imbursed for said items for the original amount paid within a period of 14 days from the date of receiving the goods back. If a complete order is being returned then the company will fully refund any original postage costs (excluding any priority service cost in which case the basic next day charge will be refunded). In instances where only part of the original order is being returned then the company is not liable to refund any of the original postage charges.
In all instances, the address for the return of goods is stated below:-
The Imaging Warehouse Ltd, 1A, Black Hill Industrial Estate, Warwick Road, Stratford-Upon-Avon, Warks. CV37 0PT. UK.
In compliance with the Consumer Contracts Regulations 2013, the Company reserves the right to seek recompense for goods returned and found to be mistreated or used and beyond the expectation of the customer's duty of reasonable care and handling.
Details of the specification, price and arrangements for payment of the goods purchased by distance selling are available on our website. The Imaging Warehouse sales team are happy to send a quote by fax or mail detailing specifications, or customers may want to print out copies of web orders for their records.
Customers always have the right to cancel their contract by telephone (subject to additional written confirmation) or in writing at any time. The Customer Services department of the company will always issue a RETURN TO MANUFACTURER (RMA) number to the Customer as soon as possible. This number must be quoted on all returned goods so that the goods can be properly identified. In all cases, the customer will be required to return the goods to the company before a refund can be processed. The company cannot be held responsible for goods returned without proper identification becoming mislaid or transit damaged by the mishandling of carriers and in such cases, the customer will be required to provide definitive proof of sending.
The Imaging Warehouse Ltd is seriously committed to the privacy and security of your personal information.In order to comply with UK and relevant European (GDPR) law, we are registered with the Information Commissioner's Office under the UK Data Protection Act 1998 and the subsequent Data Protection Act 2018 legal requirements. The registration number is Z5767134.
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LEGAL COMPLAINTS PROCEDURE
If you have any questions or complaints regarding the company, these can be addressed to the Customer Services Manager at the main registered address. The company will endeavour to acknowledge written complaints by return. The time it takes to reach complete resolution of complaints will be governed by the nature and complexity of the issue but we will endeavour to ensure that consumers are informed of the progress of complaints as appropriate.
Under the E.U. directive, "The Alternative Dispute Resolution for Consumer Disputes Regulations 2015", instances of unresolved dispute between The Company and the Customer, where all other reasonable actions have been exhausted, are recommended to use an official online mediation service to make their case. Each side will use the service in order to come to a satisfactory conclusion of the dispute. The official online E.U. service for both traders and consumers within the E.U. can be located here:- http://ec.europa.eu/odr