Terms and Conditions
Last revised May 5th, 2012
Please read these Terms and Conditions ("Terms") carefully as they contain the legal terms and conditions you agree to whenever you use www.flitzfotos.co.uk or www.flitzfotos.com (collectively, the “Website").
By using the Website you automatically agree to be bound by clauses 1 to 11 (inclusive) of these Terms; these clauses contain provisions applicable to all users of the Website.
If you make a purchase through the Website you will also be asked to check a box to confirm you have read and also agree to be bound by clauses 12 to 20 (inclusive) of these Terms.
Clause 1 to 11 - General Provisions Applicable to all Users of the Website
1) Website Operator
This Website is operated by David John Flitter trading as Flitz Fotos, a privately owned concern whose principal business address is:The Barnhouse, 39 Prince of Wales Road, Upton, NR13 6EW, England.
2) Website Purpose
Through the Website Flitz Fotos offers for sale high quality photographic prints (“Printed Images”) of various subjects available in a variety of sizes.
3) Website Availability
Flitz Fotos uses its best endeavours to ensure the Website is available 24 hours a day, 7 days a week. However, there will be occasions when, for reasons both within and beyond the control of Flitz Fotos, when service is interrupted. We shall take every reasonable care to minimise any such disruptions within the control Flitz Fotos.
You agree that Flitz Fotos shall not be held liable to you for any temporary or permanent suspension of the Website.
You also agree that Flitz Fotos shall not be held liable to you for any change we make to the Website.
4) Website User Privacy
5) Website and Content Copyright
Flitz Fotos is the owner of all copyright and other rights in the Website and its content. You may not publish, distribute, extract, reuse or reproduce any Flitz Fotos Website content in any form other unless and until you first obtain the express permission of Flitz Fotos.
6) Amendment of these Terms
Flitz Fotos reserves the right to amend these Terms at any time.
7) Law and Jurisdiction
These Terms shall be applied in accordance with English law. Any disputes arising in connection with these Terms shall be subject to the jurisdiction of the Courts of England and Wales.
8) Guarantee Disclaimer and Limitation of Liability
The Website is provided and the Printed Images offered for sale "as is" and without guarantee. All implied and statutory guaranties, including any relating to merchantability or fitness for a particular purpose, are specifically disclaimed. Flitz Fotos also disclaims, to the fullest extent allowed by law, any guaranties for the security, reliability and performance of this Website. Flitz Fotos does not guarantee:
- That Website function will be uninterrupted;
- That Website function will be error-free; or
- That the Website will be free from viruses or other harmful components.
Nor does Flitz Fotos guarantee the literal accuracy of any content related to the Printed Images held on the Website.
In addition, to the fullest extent allowed by law, Flitz Fotos will not be held liable for any direct, indirect, incidental or consequential losses or punitive damages arising out of:
- Your use of or your inability to use the Website;
- Any transaction conducted through or facilitated by the Website;
- Any claim attributable to errors, omissions, or other inaccuracies in the Website; or
- Any other matter relating to the Website or the Printed Images offered for sale through the Website, even if we have previously been advised of the possibility of such damages.
Because some legislative areas do not permit either the exclusion or the limitation of liability for consequential or incidental damages, some of the above limitations may not apply to you. In such cases, Flitz Fotos' liability is limited and guaranties excluded, to the maximum extent allowed by law. Under no circumstances will Flitz Fotos' liability exceed £75:00 or the price you paid, whichever is the greater.
9) Website User Conduct
You agree not to use the Website for any unlawful purpose.
You agree not to attempt to use the Website in any way likely to cause harm to any Flitz Fotos, or other computer system, including but not limited to attaching to the Website material containing or suspected of containing any virus or other program code or data designed to damage or to provide unauthorised access to the Website thereby causing a Website malfunction or corruption.
You agree not to use the Website for any commercial purpose other than to purchase one or more of the Printed Images from Flitz Fotos.
You agree not to transmit via the Website any advertising or promotional material, junk mail, spam, chain letter or other form of solicitation.
You also agree not to interfere with or disrupt, or attempt to interfere with or disrupt, the Website in any way.
10) Flitz Fotos Indemnification
You understand and agree that you personally are responsible for your behavior in connection with the Website. You agree to indemnify and hold harmless Flitz Fotos, its employees and third-party providers of information to the Website against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential and indirect damages), and reasonable legal fees, resulting from or arising out of:
- Your use or misuse of the Website;
- Any violation of these Terms; or
- Any violation of the rights of any third party.
These Terms constitute the full extent of the agreement between Flitz Fotos and you the customer with respect to your use of the Website. Any failure on our part to enforce any right or provision within these Terms shall not constitute a waiver of that or any other right or provision. If a court should find one or more rights or provisions contained in these Terms to be invalid, you agree that the remainder of the Terms shall remain enforceable.
Your rights under these Terms are specific to you and may not be assigned or otherwise transferred in whole or in part to any other party.
Clause 12 to 20 - Additional Provisions Applicable to Flitz Fotos’ Customers
In addition to the provisions of the above clauses 1 to 11, the following provisions in clauses 12 to 20, shall also apply to all purchasers of Printed Images from the Website.
To purchase from the Website you must be 18 years or over.
You agree that the information you provide to us at the time of purchase and at all other times will be true, accurate, current and complete.
13) Formation of a Binding Contract
No contract will exist between you and Flitz Fotos for the supply of any Printed Image until Flitz Fotos has confirmecd acceptance of your order by means of a confirmation email to you.
14) Printed Image Size and Pricing Information
Flitz Fotos makes every effort to provide only accurate and current information, paticularly image size and pricing information, in respect of the Printed Images offered for sale via the Website.
However, information about products is subject to change without notice. This includes Printed Image price information which may change before we have accepted your order. In the event your order contains outdated price information, Flitz Fotos will email you to let you know the correct pricing and ask you whether you still wish to proceed with your order.
Picture sizes quoted are of the actual image excluding borders, rounded up or down to the nearest whole inch. Please note that actual image sizes may vary slightly due to minor inconsistencies occurring within the printing process.
15) Printed Image Special Delivery Charge
In general the Printed Image prices we quote on our Website include Value Added Tax and postage and packing. However, where delivery involves Flitz Fotos in the payment of any special delivery charges or additional taxes, we reserve the right to add these costs to your order. In the event that your order does involve any such additional costs, Flitz Fotos will email you to let you know about any additional charges and ask you whether you still wish to proceed with you order.
16) Delivery Dates
Delivery times stated for Printed Images are provided only as a guide. Delivery to international destinations may be subject to delays beyond the control of Flitz Fotos.
Unless you have previously agreed alternative arrangements with Flitz Fotos, you must make full payment, using an approved debit or credit card, when you place your order. In return for payment of the correct amount we will supply the required Printed Images.
Where, under exceptional circumstances, we agree special payment arrangements with you, a sales invoice will be issued to you at the time of despatch. Then, unless your Printed Images are damaged in transit and it is agreed that they may be returned for replacement, you must pay the invoice in full within thirty days of invoice date.
If you fail to pay an invoice in full within thirty days of invoice date, we shall be entitled to charge interest on the outstanding amounts at a rate of five percent per annum over UK bank base rate.
Also, should you fail to pay any invoice within ninety days, we shall be entitled to pass on to you any debt recovery costs we incur including, but is not limited to any associated legal costs.
18) Right to Return
We regret we are unable to accept the return of a Printed Image simply because you’ve changed your mind about your purchase. We urge you therefore to take care to order only those Printed Images you really want.
However, if a Printed Image is damaged in transit you may of course return it to us for replacement. All damaged Printed Images returned to Flitz Fotos for replacement must be accompanied by the original packaging.
Before returning a damaged Printed Image you must contact Flitz Fotos to obtain return authorisation.
Please read carefully the following Return Policy which forms part of these Terms.
19) Returns Policy
Here at the Flitz Fotos, we stand firmly behind all of our Printed Images and we hope you are delighted with the quality of everything you purchase from us.
In the unlikely event that you receive an image that has been damaged in transit, we shall replace that image entirely free of charge, providing you first obtain from us a Return Authorisation Number and you then return the Printed Image with our original packaging to:Flitz Fotos The Barnhouse, 39 Prince of Wales Road, Upton. NR13 6EW. United Kingdom.
When we receive a damaged Printed Image we shall examine the damage to establish the precise cause and then replace that Printed Image at no cost to you. We shall also refund in full your return postage costs.
20) Copyright Policy
All copyright in the material contained on the Website (the "Material") is owned by Flitz Fotos. All rights are reserved.
Reproduction in any form of any part or all of the Material is strictly prohibited. You are specifically, but not exclusively forbidden from:
- Incorporating the Material or any part of it in any other work or publication, whether in hard copy, electronic or any other form.
- In particular (but without limitation) you may not distribute or copy for any commercial purpose any page or part of a page from the Site; and
- Reproducing on, transmitting to or storing in any other website or other form of electronic retrieval system any part of this Site.