Terms and Conditions
The agreement is concluded between you, the Buyer, and the Repair Service, Camera Obscura Repairs, if you place an order via www.cameraobscurarepairs.co.uk or cameraobscurarepairs@gmail.com.
The Website and all its content is owned by www.cameraobscurarepairs.co.uk; Company names, Product names, Image designs, Illustrative designs, and information about products, services and others made by Camera Obscura Repairs or www.cameraobscurarepairs.co.uk may not be copied or used without the prior written consent of Camera Obscura Repairs or www.cameraobscurarepairs.co.uk.
1. Definitions
1.1 “Consumer” shall have the meaning ascribed in section 2 of the Consumer Rights Act 2015;
1.2 “Buyer” means the individual or organisation who buys or agrees to buy the Services from the Repair Service;
1.3 “Contract” means the contract between the Repair Service and the Buyer for the sale and purchase of Services incorporating these Terms and Conditions;
1.4 “Consumer’s Goods” means the article(s) that the Buyer agrees to send to the Repair Service for Services to be carried out on the Consumer’s Goods;
1.5 “Services” means the work(s) to be done (usually by repair, restoration, modification, assembly, or dismantling), which will be itemised as separate Services, that the Buyer agrees to buy from the Repair Service;
1.6 “Repair Service” means Camera Obscura Repairs that owns and operates www.cameraobscurarepairs.co.uk;
1.7 “Terms and Conditions” means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Repair Service;
1.8 “Website” means www.cameraobscurarepairs.co.uk.
2. Images, Descriptions, Prices, Specifications On Website
All images, descriptive matter and specifications listed on the Repair Service’s Website are for the sole purpose of giving the most accurate approximate description of the goods. The Repair Service reserves the right to correct any errors of any kind across the entire Website. As a result, all prices, images, and specifications are subject to change without forewarning.
3. Buyer and Consumer Information
When the Buyer/Consumer places and/or completes an order, the Consumer will be asked to provide some personal data. The Buyer/Consumer confirms that the information provided is correct and complete and is responsible for any errors in the information provided. Please find the Repair Service’s Privacy Policy for further information as part of these Terms and Conditions.
4. Services (Work[s] To Be Done)
Camera Obscura Repairs maintains the sole discretion to decide the nature, extent, and method of repairs and the type of replacement parts to be used at all times. No liability is accepted for replacement parts as set out in these conditions.
5. Ordering
5.1 All orders placed for Services shall be deemed to be an offer by the Buyer to purchase Services pursuant to these Terms and Conditions and Privacy Policy and are subject to acceptance by the Repair Service. The Repair Service may choose not to accept an order for any reason.
5.2 Where the Services ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Services are available from stock or cancel the order and receive a full refund within 14 days.
5.3 When making an order through the Website, the technical steps the Buyer needs to take to complete the order process are described in ‘Book Repair’ and ‘Payments, Orders, Returns’.
6. Price And Payment
6.1 The price of the Services shall be that stipulated on the Website. The price is inclusive of VAT.
6.2 The total purchase price, including VAT, delivery and other charges, if any, will be quoted to the buyer prior to confirming the order.
6.3 After the order is received the Repair Service shall confirm by email the details, description and price for the Services.
6.4 Payment of the price plus VAT and delivery charges must be made in full by the Buyer before the Consumer’s Goods are dispatched to the Consumer.
6.5 The Repair Service provides written estimates for zero pounds sterling per item. If additional Services are discovered as being required to be carried out during the Service period by the Repair Service, the Repair Service will inform the Consumer and quote a cost for the additional Services. The Consumer will then have fourteen days to accept or decline the quote for the additional Services and pay the total sum of the cost of the additional Services. Once the fourteen-day period expires, the Repair Service will return the Consumer’s Goods to the Consumer.
6.6 When the Repair Service supplies a revised estimate and this is not accepted by the Consumer, the Repair Service reserves the right to make a charge for handling and examination of fifteen pounds sterling. The Repair Service faces no liability for the re-assembly of equipment dismantled for the purpose of examination. The Repair Service also reserves the right to withhold the Consumer’s Goods until the charge for handling and examination of fifteen pounds sterling is paid.
6.7 If the Consumer fails to pay all sums due for repair of the Consumer’s Goods within 3 months of receiving the Consumer’s Goods, the Repair Service reserves the right to sell any or all of the Consumer’s Goods and retain the full amount.
7. Cancellations For Services-In-Progress
Once Services have been paid for by the Consumer, they are agreeing to the Terms and Conditions. If a request for a cancellation is made while work is in progress pursuant to the Services, this request will be subject to a penalty fee to be determined by the technician. The decision to charge is made by the Repair Service and the value of the charge non-negotiable. The Repair Service is within its rights to withhold the Consumer’s Goods until this charge is paid.
8. Refunds And Returns
8.1 The Repair Service shall provide a full refund on selected Services if the selected Services are unable to be completed to the Repair Service. Completed Services, if any, will not be eligible for a refund. This does not include failure to meet a deadline.
8.2 If solicited or unsolicited goods are returned at a later date to the Repair Service for further Services, the Repair Service shall be under no obligation to complete Services for the cost previously estimated or quoted or to refund charges made for the estimate or quote declined or not accepted.
9. Delivery
9.1 Once the item has been dispatched, the Repair Service cannot be held responsible for any service delays from the courier that is used. The Repair Service always posts items (including the Consumer’s Goods) with delivery confirmation. Requests for shipping without tracking or insurance will be declined.
9.2 Shipping costs are non-refundable. If the Buyer or Consumer receives a refund, the cost of return shipping will be deducted from the Buyer or Consumer’s refund.
9.3 The Repair Service reserves the right to charge a storage fee for holding the Consumer’s Goods after Services have been completed for up to 90 days after completion. This charge is five pounds sterling per subsequent week, payable in full upon termination of the holding period. No goods will be released without the appropriate charges paid to the Repair Service.
9.4 The Repair Service is not liable for any import taxes, duties or customs charges incurred by the buyer. These are the sole responsibility of the buyer and in the unfortunate event of an international order being returned to us, the Repair Service cannot refund customs charges, or import duties/taxes.
10. Rights Of Repair Service
10.1 The Repair Service reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time.
10.2 The Repair Service reserves the right to submit a further or revised estimate at any stage during the active Service period. The Repair Service reserves the right to change an estimate or quote provided to the Buyer.
10.3 The Repair Service reserves the right to withdraw any Services from the Website at any time.
10.4 The Repair Service shall not be liable to anyone for withdrawing any Services from the Website or for refusing to process an order.
11. Repair Service’s Liability
The Repair Service shall be responsible for Consumer’s Goods until the Consumer’s Goods are dispatched to the courier. All Consumer’s Goods dispatched by the Repair Service will be insured for the secondhand value at the date of sending.
12. Limitations Of Repair Service’s Liability
12.1 The Repair Service shall not be responsible for:
12.1.1 losses that were not caused by any breach on the part of the Repair Service; or
12.1.2 any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure); or
12.1.3 any indirect or consequential losses that were not foreseeable to both the Buyer and Consumer and the Repair Service; or
12.1.4 any loss/compensation resulting from failure to meet the Repair Service’s timing estimates for Services to be completed. Failure to meet such dates shall not entitle the Buyer and Consumer to cancel the order; or
12.1.5 any consequential loss or damage whatsoever claimed by reason of repairs carried out, nor any damage, injury or loss arising from the use of the Consumer’s Goods. No claims whatsoever will be entertained for loss or damage to photographic or video materials, tubes, batteries or lamps nor will the Repair Service be responsible for parts or assemblies requiring replacement being sent to suppliers by way of sample or replacement; or
12.1.6 any accessories left by the Consumer accompanying the Consumer’s Goods. Any accessories are left at the Consumer’s risk i.e film, tape, filter, cap, strap, card, batteries, charger.
12.1.7 The Repair Service shall not be held responsible for any delay or failure to comply with its obligations under these Terms and Conditions if the delay or failure arises from any cause which is beyond its reasonable control.
13. Buyer’s Liability
The Buyer warrants that the Consumer’s Goods are not dangerous or potentially dangerous and shall indemnify the Repair Service against any loss or damage caused by the breach hereof.
14. Age Of Consent
14.1 Where Services may only be purchased by persons of a certain age the Buyer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Services.
14.2 If the Repair Service discovers that the Buyer is not legally entitled to order certain Services, the Repair Service shall be entitled to cancel the order immediately, without notice.
15. Repair Service’s Guarantee
15.1 The Consumer’s Goods are accepted by the Consumer on the condition that their value does not exceed the current second-hand value of such equipment.
15.2 The Repair Service guarantees Services against defects in workmanship, or defects in parts or replacements supplied for three months from the start of the guarantee period.
15.3. Guarantees are only valid with the original invoice of the specific repair/purchase.
15.4 The guarantee period starts from the date the Consumer receives the Consumer’s Goods.
15.5 It is the responsibility of the Consumer to confirm by themselves that goods are tested as working within the period of the guarantee.
15.6 Any claim under this guarantee can only be considered if received by the Repair Service in writing within the stated guarantee period, and the Consumer’s Goods properly packaged together with an itemised list of alleged defects are sent at the Consumer’s expense to the Repair Service. The decision of the Repair Service as to the extent of its obligation thereunder shall be final.
16. Limitations of the Repair Service’s Guarantee
16.1 No proof of receipt. Without the original invoice supplied with the returned Consumer’s Goods, the Repair Service will not honour the guarantee.
16.2 A late collection of goods. It is the responsibility of the Consumer to collect the Consumer’s Goods as to benefit fully from the guarantee period. Non-collection will not extend the guarantee period.
16.3 Damage or deterioration caused through transportation or negligence of any party other than the Repair Service, misuse accident, or any attempted repair by any party other than the Repair Service is not covered by the guarantee.
16.4 Motors, meters, tubes, valves, transistors, lamps and batteries save where such parts have been fitted by the Repair Service and replacement is available under guarantee from the suppliers of the aforementioned items.
16.5 Non-use of the Consumer’s Goods does not extend the period of the guarantee.
16.6 The Repair Service shall not extend the guarantee on any Service if a repair is carried out under an existing guarantee.
16.7 The Repair Service shall on no account be liable for any charges made by another party for repairing the Goods save where such repairs are expressly authorised by the Repair Service in writing.
16.8 Additional works (including undoing or removing parts) carried out by the Consumer or any other third party on the Consumer’s Goods during the guarantee period will void the three-month guarantee.
17. Waiver
No waiver by the Repair Service (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
18. Force Majeure
The Repair Service shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to, acts of God, strikes, lockouts, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Repair Service shall be entitled to a reasonable extension of its obligations.
19. Communications
The Repair Service may record text messages, emails, and phone conversations for proof of business transactions. In the unlikely event that a Buyer or Consumer violates the Terms and Conditions, these recordings may be used confidentially in support of any legal action taken by the Repair Service against the Buyer or Consumer.
20. External Information And Links
20.1 The Repair Service is not responsible for any information by third parties.
20.2 The Repair Service does not take responsibility for external links.
21. Changes to Terms And Conditions
21.1 The Terms and Conditions shall not be varied by the Consumer.
21.2 The Repair Service have the right to amend/alter the Terms and Conditions without prior notification of the Buyer and/or Consumer.
22. Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.