1 - Identification of the seller: Mike Howlett trading as Suffolkshots.com (‘Suffolkshots’). Our business is selling high-quality fine-art photography in print form via the internet site, www.suffolkshots.com and in various galleries, art fairs and other locations in the UK.
2 - Application: These Terms and Conditions shall govern all sales of goods presented on the Site and made by Suffolkshots with its customers, as well as future sales between the same parties (even if not expressly agreed upon at the time of such future sales). No variation of the terms and conditions set out here will be effective unless agreed in writing by both parties. In the event of any conflict between these Terms and Conditions (including those relating to the time of payment) and those issued or submitted by the customer and in the absence of any contrary agreement in writing, these Terms and Conditions shall prevail. Suffolkshots reserves the right to refuse acceptance of an order or to engage in any dealings where such dealings might be or appear to be inappropriate or for any other reason.
3- Website: The website Suffolkshots.com is owned by Mike Howlett and is available to all to browse without fee or restriction. The owner is not responsible for any losses which may arise as a result of users being unable to access the website at any time, nor any losses arising from (i) any errors or omissions in the website, (ii) the website being unavailable for any period or reason, (iii) any links to third-party website, information, product, service or content, (iv) the Privacy Policies and Terms and Conditions of third-party websites linked to our website or (v) any loss of personal information that is beyond the control of Suffolkshots (no personal information is retained).
Any user ID or password associated with and registered by Suffolkshots.com at any time must be treated by the user as confidential and not disclosed to any third party.
Suffolkshots reserves the right to add, delete or change any material, content or image on its website Suffolkshots.com at any time and for any reason without obligation to any third party.
All images on Suffolkshots.com are the copyright of Mike Howlett and Suffolkshots is the owner, unless otherwise specified, of intellectual property rights in all other materials on the website including, but not restricted to, logos, trademarks, design, database and written material, in text, image or .pdf form.
Images on the website may not be used for commercial purposes without application to do so or with the express permission of Suffolkshots, and any such use must retain the intellectual rights and copyright of the owner.
Users of the website Suffolkshots.com must under no circumstances knowingly introduce to the website any malicious or technologically harmful material, including but not limited to viruses, worms, trojans, DoS or DDoS attack and must not attempt to gain unauthorised access to the server, website or database. To do so would be a criminal offence under the Computer Misuse Act, 1990, and the user’s identity will be forwarded to the relevant authorities.
4 - Offer and Contract: Suffolkshots guarantee the authenticity of all goods as advertised on the website and in confirmation emails. Goods are delivered within a period of 30 days from receipt or clearance of payment. The customer is responsible for the payment and clearance of any local customs charges and import duties.
5 - Prices and payment: Prices are shown in UK pounds sterling. Prices may be shown in foreign currencies for information purposes only. An order will be accepted only when full payment has been made, with no obligation on the part of Suffolkshots to rectify any loss or default caused by the failure of Paypal or any other system to render payment for goods ordered.
Payment by cheque can only be accepted with the permission of Suffolkshots, and in such circumstances goods will be dispatched only when cheques have been cleared.
Price and availability of prints and mounts may be subject to change without prior notice. Prices do not include VAT and no VAT will be added to the purchase price at any time. Other than delivery charges which are specified at the time of ordering, any handling fees, packaging and other expenses for the preservation of the goods and shipping fees or for any other purpose are not included unless specified.
6 - Delivery: Suffolkshots shall not be responsible for delays in delivery and performance that are due to force majeure or events beyond its reasonable control or that of any subcontractors (including, but not limited to, strikes, lock-outs, governmental orders, shortage in energy or transportation, etc.). In such cases, Suffolkshots shall be entitled to either (i) postpone the delivery and performance by a period corresponding to that of the force majeure event or (ii) terminate the sale and reimburse the customer for any payment received, as Suffolkshots may, in its sole discretion, deem appropriate.
7 - Returns: Whilst guaranteeing the customer’s statutory rights under the Sale of Goods Act, 1979 and subsequent amendments, Suffolkshots is under no obligation to effect a refund on bespoke goods delivered that the customer then decides to reject except where such goods are clearly faulty or have been damaged or are otherwise found unsuitable for an expressed purpose. Suffolkshots makes every effort to dispatch goods only when they fully reflect their description on the Suffolkshots website. Suffolkshots works to the highest degree of accuracy in terms of colour management between the screen image and the final print, and cannot be held liable for any discrepancy between the customer’s monitor and our own where the quality of the photographic image may be in dispute. Our monitors are calibrated regularly using industry-standard AdobeRGB or higher as the colour gamut, and each print is produced using International Colour Consortium (ICC) profiles that render the highest degree of accuracy between the screen image and the printing papers and inks used. Unless the customer’s monitor is similarly adjusted, there is a possibility of minor discrepancy between the respective images on screen and Suffolkshots therefore cannot be held responsible for any variation evident in the print.
Suffolkshots does not maintain a stock of the goods that are on sale from the website. As a result, every order for prints, whether as print-only, or as a mounted or mounted and framed print, is a specific one-off bespoke order, whether or not the size of print (and mount if included) constitutes a recognised ‘standard size’. Consequently, and as stated above, Suffolkshots is under no obligation to refund the customer for goods he later decides to reject, unless the goods are faulty and the fault is clearly with Suffolkshots.
Where a refund is agreed between the parties for whatever reason, the refund will only be transacted upon receipt of the goods in the same condition in which they were dispatched. Any returns must be sanctioned by Suffolkshots, which should be notified immediately upon delivery by the customer with full details of his/her dissatisfaction with the goods. In such a case, the customer may ask for either (i) a refund of the price paid to Suffolkshots, or (ii) the exchange of the piece of artwork for a credit of the corresponding amount toward any new goods purchased. The return right shall be deemed correctly exercised once the following conditions have been fully met:
a. The return of goods has been sanctioned by Suffolkshots;
b. Goods must not have been used or damaged in any way;
c. The goods must be returned, complete and unused, in their original packaging or suitable packaging to at least an equal standard;
d. Return items must be shipped back to Suffolkshots within seven (7) working days from the date the package was delivered to you if you are UK resident and fourteen (14) working days if you are non-UK resident.
With the above conditions met, Suffolkshots shall refund or credit the sums paid for the purchase of the returned goods, and the shipping costs for the delivery of the purchased goods, to the customer only if the products are returned for reasons that may be due to Suffolkshots, as in the case where the products do not have the required quality, have production defects or they have been erroneously delivered. In the event that your return does not comply with the terms and conditions set out above, you will not be entitled to any refund of sums already paid to Suffolkshots; nevertheless, you shall be entitled, at your own expense, to receive the products in the conditions in which they were sent back to Suffolkshots. If you do not wish to receive the products in the conditions in which they were sent back to Suffolkshots, Suffolkshots shall be entitled to keep the products and withhold the sums already received. If not claimed by the original purchaser, and cost of delivery paid, within six (6) months, the goods will be donated to charity.
If the recipient of the goods is different from the individual who made the payment for such goods, the sums paid shall be refunded by Suffolkshots to the person who made the payment.
Any currency exchange rate for the refund shall be the same as the currency exchange rate of the original payment.
If you decide to return products shipping costs will be your sole responsibility, and you will be responsible for any loss or damage to the products (howsoever caused).
Refunds will be made within thirty (30) days of receipt of the returned goods.
8 - Transfer of risks: Risks pertaining to the goods are transferred to the customer upon the handing over of the goods to the carrier or transportation company or agency or the moment the goods have left Suffolkshots for delivery. In the event that the delivery is delayed upon the customer's request, the risks shall pass to the customer as soon as the latter has been informed that the goods are ready for delivery.
9 - Warranty: To be valid, claims for defective goods must be notified to and acknowledged by Suffolkshots immediately upon examination of the goods at the time of delivery and at the latest within forty-eight (48) hours from the delivery, failing which the customer shall be foreclosed. Suffolkshots’s liability for damages is limited to the price of the goods and Suffolkshots shall not be liable for any indirect, consequential or punitive damages, which are expressly excluded. While Suffolkshots has taken reasonable care to correctly identify, caption and orientate the pictures, it does not accept any liability for loss or damage incurred by the customer or any third party caused by any such errors
12 - Notices: Notices to customers will be made by email only.
13 -Links: This site may contain links to websites owned by third parties. These links are provided solely as a convenience to the site visitor and are not an endorsement by Suffolkshots of the contents or services on those other sites. Suffolkshots cannot be held responsible for the content of any linked sites and makes no representations regarding the content or accuracy of materials or information on such sites. If the user decides to visit any third-party sites using links from this website, it is understood he/she does so at their own risk.
14 - Amendment: Suffolkshots reserves the right to amend these Terms and Conditions at any time. Amendments shall in any event be deemed to have been accepted within fifteen (15) days from their notification to the customer, unless the customer opposes the same, in which case Suffolkshots shall have the right to terminate any sales in progress or other contractual relations with the customer.
15 - Governing law and Jurisdiction: All sales of goods by Suffolkshots are governed by the laws of England, to the exclusion of (i) any international treaty or convention on the sale of goods and (ii) England rules of international private law or conflict of laws. All disputes relating to the interpretation, existence and sale of Suffolkshots artworks shall be submitted to the exclusive jurisdiction of the courts of England, without prejudice to the rights of Suffolkshots to institute proceedings before the courts having jurisdiction over the place of residence of the customer.