- 1. Application
- 2. Definitions
- 3. General Terms And Conditions Of Purchase
- 3.1 Our Contract with you
- 3.2 How the Contract is formed between you and Us
- 3.3 Cancellation of your Order
- 3.4 Returns and refunds
- 3.5 Late or incomplete orders
- 3.6 Damaged Products
- 3.7 Product Availability
- 3.8 Product Description
- 3.9 Delivery and delivery charges
- 3.10 Price and how to pay
- 3.11 Competitions
- 3.12 Our right to vary these terms and our Services
- 3.13 Manufacturer's Guarantee
- 3.14 Our liability to you
- 3.15 Information about Us and how to contact Us
- 3.16 Complaints
- 3.17 Other important terms
- 4. Consumer Finance
- 4.1 Who these terms and conditions apply to
- 4.2 Who We are
- 4.3 Applying for finance (online)
- 4.4 Eligibility
- 4.5 Exclusions
- 4.6 Credit testing
- 4.7 Circumstances where We may refuse your application
- 4.8 Information held by credit reference agencies
- 4.9 Consumer Help Desk
- 4.10 Delivery
- 4.11 Help.
- 4.12 Applying for finance (in store)
- 5. Photo Products
- 6. Jessops Training Academy
- 7.1 Status and Application
- 7.2 Errors and Omissions
- 7.3 Copyright and Trade Marks
- 7.4 Your use of Our Website
- 7.5 Your obligations
- 7.6 Prohibited uses
- 7.7 User name and password
- 7.8 Website suspension and termination
- 7.9 Viruses, hacking and other offences
- 7.10 Data submitted by users
- 7.11 Disclaimer
1.1 Welcome to Jessops Europe Limited trading as 'Jessops' and Jessops.com terms and conditions (Terms). This document tells you information about Us and the legal terms and conditions on which We sell the products (Products) or services (Services) listed on Our website (Website).
You must read these Terms carefully. By accessing Our Website and/or placing an Order with Us, you confirm that you have read, understood and agree to be bound by these Terms and the details set out in your Order.
If you do not agree to these Terms you should not use Our Website and you will not be able to order any Products or Services from it.
If you think there is a mistake in these Terms or your Order, please contact us to discuss it.
These terms and conditions apply to the following:
|(a) your purchase of Products or Services through Jessops.com , including:||("General Terms and Conditions of Purchase")|
|(i) Consumer Finance;||("Consumer Finance Terms")|
|(ii) Photo Products; and||("Photo Product Terms")|
|(iii) Training Academy Services;||("Training Academy Terms")|
|(b) your use of Our Website, Jessops.com; and||("Website Terms and Conditions of Use")|
To help you find the information you are looking for, please use the above links.
1.2 You should print a copy of these Terms or save them to your computer for future reference.
1.3 We amend these Terms from time to time as set out in clause 3.12. Every time you wish to order Products and/or Services or use Our Website, please check these Terms to ensure you understand the terms which will apply at that time.
1.4 If you have any questions relating to these Terms please contact Us or refer to Our help pages on Jessops.com. Information about Us is set out in clause 3.15.
Where the following words with capital letters are used in these Terms, this is what they mean:
Contract: any contract between you and Us, created in line with clauses 3.1 and 3.2 of these Terms;
Event Outside Our Control: any act or event beyond Our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, failure of public or private telecommunications networks, or, for Training Academy Courses, any illness or accident effecting any of Our personnel delivering Services;
Order: your order for the Products and/or a booking for the Services, in each case, made via the Website;
Product: a product displayed for sale on the Website;
Product Description: that part of the Website where certain details, description and specification in respect of the relevant individual Product are provided;
Personal Information: the details provided by you when registering your details on the Website;
Services: the services that we are providing to you as set out in the Order, for example, Training Academy services;
Terms: the terms and conditions set out in this document;
UK: England, Wales, Scotland and Northern Ireland;
Users: the users of the Website collectively;
Website: Our website located at www.jessops.com or any subsequent URL which may replace it.
When We use the words "writing" or "written" in these Terms, this will include e-mail except where We expressly say otherwise in these Terms.
3. GENERAL TERMS AND CONDITIONS OF PURCHASE
3.1 Our Contract with you
(a) Application: This clause 3 applies to any Order you place with Us through the Website. If any of these Terms conflict with any term of the Order, the Order will take priority. Additional terms and conditions which apply to Consumer Finance, Jessops Photo Products and Jessops Training Academy Services are set out at clauses 4, 5 and 6 respectively. We will give each Order an Order number and will inform you of it when We confirm the Order. Please quote the Order number in all subsequent correspondence with Us relating to the Order.
(b) Consumers: If you are a consumer, you may only purchase Products and/or Services from Our Website if you are at least 18 years old.
(c) Business Customers: If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use Our Website to purchase Products and/or Services.
Notice relating to Jessops own-branded Products:
All Jessops own-branded Products purchased after 28 March 2013 are being sold by Jessops Europe Limited, (registered in England and Wales with company number 08384909) whose registered office is at Network House, Third Avenue, Globe Park, Marlow, Buckinghamshire, SL7 1EY. Some of the Jessops own-branded Products incorrectly refer to Jessops Group Limited and that company's address details on its packaging, instructions and the Product itself and should be ignored.
3.2 How the Contract is formed between you and Us
The following conditions need to be met in full before a binding contract is created between you and Us:
(a) Order process: You place an Order for one or more Product(s) and/or Services on the Website by completing the check-out process and following the online instructions via clicking on the "Basket" link on the Website; you will be guided through the order process by following a series of simple online instructions.
(b) Pricing and Order errors: Save in manifest error on Our part, the price for the Products shall be the price stated in the relevant Order confirmation. We reserve the right to refuse any Order where the price is incorrectly stated on the Website or Order and may require you to make any such correction and take all such actions as we require before an Order is in a form acceptable to Us.
(c) Amendment of errors: Our Order process allows you to check and amend errors before submitting your Order to Us. Please take the time to read and check your Order at each page of the Order process. If you need to amend your Order after it has been submitted, it will be necessary to cancel your Order by contacting Our Customer Services Team by phone on 0344 800 4444 or email firstname.lastname@example.org. If you've received confirmation of approval for Consumer Finance from Us, when you decide to change your Order, then the decision will stand from your original application so long as the Order value has not increased. If however, you make subsequent Orders funded via Consumer Finance, then each will be treated as a new application and will be processed in the normal way.
(e) Acknowledgement of your Order: After submitting an Order via Our website We will send you an Order acknowledgement by email confirming receipt of your Order and details of the Products and/or Services that you have ordered. It is your responsibility to check the Order acknowledgement details and advise Us of any errors or omissions as soon as possible and in any event within 2 (two) days of receipt of the Order acknowledgement. Completion of the online check-out process and Our email acknowledging receipt are not an acceptance of your Order.
(f) Acceptance of your Order:
(i) Acceptance of your Order for Products and the formation of a contract between Us will take place when the Products you have ordered have been despatched to you and you have received a despatch confirmation email from Us.
(ii) A contract will not be formed between Us if We have notified you that We do not accept your Order or if you have cancelled your Order in accordance with Our cancellation and returns policy.
(g) Ownership of Products: All Product(s) that you order through the Website will remain Our property until We have received payment in full from you for those Product(s).
(h) Non-acceptance of your Order: We may decline your Order (or part of it) for any reason. Other than set out in these Terms, We will not be responsible for any loss or damage you might suffer due to Us not accepting or otherwise declining your Order. If We cannot supply you with the Product(s) and/or Service(s) you ordered, We will:
(i) inform you of this in writing by phone or email; and
(ii) if you have already paid for the Product(s) and/or Service(s) refund you in full as soon as possible.
Non-acceptance of your Order may be for any one or more of the following reasons:
(i) the Product(s) no longer being in stock or the Product(s) and/or Service(s) are no longer available; or
(ii) the identification of a pricing or other error in the Order; or
(iii) your payment in respect of the Order is not authorised by your card issuer or is otherwise rejected/not accepted; or
(iv) the delivery address specified is not in the UK (this does not apply to Our Photo Products – see clause 5); or
(v) you fail Our fraud or credit checks.
(i) Security of your Order: We will take all reasonable care, in so far as it is in Our power to do so, to keep the details of your Order and payment secure. However, unless we are negligent, We cannot be held liable for any loss you may suffer if a person who is not authorised by you or Us accesses the data you provide when accessing or ordering from the Website.
(j) Special Order Items: these are Products that We would not ordinarily stock and which we order in especially to fulfil your Order request for such Products. When you place an Order with Us which contains a Special Order Item, we reserve the right in our absolute discretion, to charge you the full price for that Order (including delivery charges) at the time of our acceptance of your Order; such acceptance being the time that we place Our order for the relevant Special Order Item(s) with the relevant supplier. Once your Special Order Item order has been accepted by Us you may not cancel it and clause 3.3 shall be deemed to have been amended accordingly.
3.3 Cancellation of your Order
(a) Our right to cancel an Order: If your payment is not received We will cancel your Order. If you have already received the Product(s) you ordered from Us, you must pay for the Product(s) or return those Product(s) to Us in accordance with clause 3.4 (Refunds and Returns) of these Terms and any other instructions that We provide to you. If you do not return Product(s) to Us or pay for them within 5 (five) days of the date on which We cancel your Order, We may collect or arrange for collection of the Product(s) at your expense. We reserve the right to charge you for damage to or adverse interference with any Product(s) that are the subject of an unpaid Order.
(b) Your right to cancel your Order before dispatch of the Products or provision of the Services: You have the right to cancel your Order at any time prior to dispatch of the Products by Us conditional upon:
(i) the Product(s) ordered being normally stocked by Us and the Product(s) not being special order items; and
(ii) the Products not having been specially and/or specifically made/produced/finished to your individual specification or personalised; and
(iii) the Products not having been being picked and packed ready for despatch/delivery; or
(iv) a period of 7 days not having elapsed since you receive our written acceptance of your Order for Services,
The process you must follow to cancel your Order is in clause 3.3(d) and 3.3(e). If you do not follow this process your refund or product exchange may be delayed.
(i) the Product(s) ordered are not normally stocked by Us and the Product(s) are special order items; or
(ii) the Products have been specially and/or specifically made/produced/finished to your individual specification or personalised,
You have no right to cancel your Order and clauses 3.3(d) and 3.3(e) shall not apply. If you have any questions in relation to your rights to cancel your Order please contact Our Customer Service Team by phone on 0344 800 4444 or email email@example.com.
(c) Your right to cancel an Order after dispatch of the Products: If you are a consumer, then subject to the exclusions set out below, you have a legal right to cancel a Contract within 14 days of receiving your Order from Us (under the Consumer Protection (Distance Selling) Regulations 2000). This means that during the 14 day period, if you change your mind or for any other reason you decide that you do not want to keep a Product or to have the Services, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizen's Advice Bureau or Trading Standards Office.
You do not have the right to cancel your Order:
(i) if the Product(s) ordered are not normally stocked by Us and the Product(s) are special order items;
(ii) for a Product which contains computer software, or for DVDs or CDs which have been unsealed by you, or for consumable goods which, by their nature, cannot be returned, except where a fault is discovered which could not have been discovered unless you unsealed the Products; or
(iii) if the Products have been specially and/or specifically made/produced/finished to your specification or are clearly personalised such as film, developing or printing Services products.
In the unlikely event that you have to return your purchase to Us, it is important that you don't return anything that you may want to keep. For example, any memory cards, video tapes, DVD's or other items returned with your purchase cannot be located and returned to you. If you have any concerns, please contact a member of Our Customer Support team by phone on 0344 800 4444 or email firstname.lastname@example.org prior to returning anything.
(d) Cancellation method for online Orders: You may cancel your Order by contacting Customer services by phone on 0344 800 4444 or by email email@example.com.
(e) Cancellation method for Collect@Store reservations: You may cancel your Order by contacting Our customer services by phone on 0344 800 4444 or by email to firstname.lastname@example.org.
(f) When the cancellation is effective: If you send us your cancellation notice by email or by post, then your cancellation is effective from the date you sent Us the email or posted the letter to Us. If you call Us to notify Us of your cancellation, then your cancellation is effective from the date you call Us.
3.4 Returns and refunds
(a) Change of mind returns: if for whatever reason you change your mind and would like to return all or any Products that are the subject of your Order after delivery to you, you have the right to return your Product(s) to Us within 14 days of delivery as per clause 3.3(c) above subject always to the provisions of clause 3.4(i) below and your compliance with clauses 3.4(d), 3.4(e), 3.4(f), 3.4(g), 3.4(h), 3.4(j), 3.4(k) and 3.4(l).
(b) Missing, Damaged or Incorrect Orders: We do everything We can to ensure your Order arrives at your delivery address in a complete and pristine condition. If you don't receive all of the Products pursuant to your Order please contact Customer services by phone on 0344 800 4444 or by email email@example.com with the following information:
(i) original Order reference number;
(ii) your name;
(iii) your daytime contact number; and
(iv) details of the missing Product(s).
You must inspect your Products immediately upon your receipt of them and notify us within 3 days of delivery if they arrive damaged, incomplete or not otherwise in pristine condition. If the Product(s) arrive damaged, incomplete or not otherwise in pristine condition please follow the returns procedure set out in clauses 3.4(d) to 3.4(f) (inclusive).
(c) Faulty Products:
Faults caused by accident, neglect, misuse or normal wear and tear will not be: (i) capable of return by you to Us pursuant to this clause 3.4(c) and We will have no liability to you in relation to the same; or (ii) covered under the relevant manufacturer's warranty; in relation to such faults, We do provide a service where by We will return the unit to the authorised repair agent to obtain an estimate to repair the unit.
Within 14 days of delivery of the Product: If a Product you have ordered from us develops a fault or is incorrectly described you may request a refund from Us or an exchange provided that you notify us of the fault or problem within 14 days of the delivery of that Product to you and you may return the Products following the process set out at clauses 3.4(d) to (f) inclusive below. A Product returned as faulty or incorrect within the 14 day time period specified above will be subject to Our inspection and testing to determine, at our sole and absolute discretion (acting in good faith and reasonably), that that Product is in fact faulty or incorrect (as the case may be) and if it is We will refund the price of the defective Product in full together with any applicable delivery charges and any reasonable costs you incur in returning that Product to Us.
Within 21 days of delivery of the Product: If a Product you have ordered from us develops a fault within 21 days of delivery of the Product you may request an exchange (but not a refund) from Us provided that you notify us of the fault or problem within 21 days of the delivery of that Product to you and you may return the Products following the process set out at clauses 3.4(d) to (f) inclusive below. A Product returned as faulty or incorrect within the 21 day time period specified above will be subject to Our inspection and testing to determine, at our sole and absolute discretion (acting in good faith and reasonably), that that Product is in fact faulty or incorrect (as the case may be) and if it is We will offer you a credit note or exchange equal to the price of the defective Product and waive any applicable delivery charges in relation to the exchanged Product.
After 21 days of delivery of the Product: If a Product you have ordered from us develops a fault after 21 days of delivery of the Product then you will need to rely on the terms of any manufacturer guarantee (if any) that is supplied with the Product in respect of which We will offer you a repair service; such repairs will often be carried out by the manufacturer's own authorised repair/service teams with whom we have arrangements in place to ensure that your Product is repaired by skilled and qualified persons.
All Products returned as faulty or incorrect will be checked and if found to have no fault will be returned to you.
No refund will be processed until the returned Products have been received back into Our warehouse and have been confirmed to be faulty and/or incorrect by Us.
(d) How to tell Us that you want to return a Product: If you wish to return a Product to Us please send an email to contacting Customer services by phone on 0344 800 4444 or by email firstname.lastname@example.org with the following information:
(i) original Order reference number;
(ii) your name;
(iii) your daytime contact number;
(iv) the Product(s) you are returning; and
(v) the reason you wish to return the Product(s).
If you do not comply with this clause it may result in a delay in processing your refund.
(e) Method of return:
You can return the item to Us in one of the following ways:
(i) take the Products and your proof of purchase to your nearest Jessops store. To find your closest store please see Our Store Finder. You do not need an RMA number do to this; or
(ii) return the Products to Us by post. To do this you will need an RMA number: please see "Getting an RMA number" below. When returning Products by post, please send them, along with your proof of purchase and your RMA number (please write this clearly on the outside of the packaging) to the address given to you at the time of receiving your RMA number. Please also include a copy of your invoice with your return and again, please write your RMA number on this copy invoice. If you are posting the Products, We strongly recommend you use secure packaging and an insured delivery method such as Royal Mail Special Delivery as the Products will be your responsibility until received by Our Distribution Centre. Once you have been issued with a RMA number you must return the Products to Us within 7 days.
(f) Getting an RMA number:
(i) Before you return any Products to Us by post you must obtain a Returns Authorisation number (RMA) by calling Customer services on 0344 800 4444 or by emailing Us at email@example.com.
(ii) We will then raise a "Returns Authorisation" and email it to you. This email will clearly detail the address to return the items to. Please allow 2 (two) working days from Our receipt of your call or email to receiving a response.
(g) Costs of returning Products to Us: If you cancel your Order after the Products have been despatched, you will be responsible for returning the Products to Us at your expense in the condition described in clause 3.4(i).
(h) No refund of postage charges: If We charged you for postage on your original Order, this will be deducted from your refund if the Products have been despatched to you (except within the first 7 days of receiving the Order).
(i) Condition of Products returned to Us: If you return Products to Us, you must comply with the following conditions:
(i) the Products must be returned in its original sealed packaging together with all accessories, packaging, instructions and any other items included with it at time of sale (including free gifts). You must take reasonable care of the Products and return them in its original and undamaged condition.
(ii) unless faulty, digital products can only be accepted if the software is still sealed.
(iii) a proof of purchase must be supplied.
(iv) we will not refund any items that have been specially made to your individual specification or personalised such as film, developing or printing services Products.
If you do not comply with the above conditions we cannot refund or cancel your Order.
(j) Damaged Products: If any Product returned by you to Us is not in fully resaleable condition or the packaging is damaged by you and you have not notified Us of such within the time period and as specified in clause 3.4(b) above, We may refuse a refund on the item, or deduct up to 20% of the original selling price from the refund amount. This does not affect your statutory rights.
(k) Refunds: You will be notified by e-mail of any refund (including as a result of a cancellation of your Order) within a reasonable period of time. Refunds can only be made to the original card of purchase. We will aim to process refunds for any sum that has been paid by you for Product(s) which have been returned to Us undamaged and/or Services cancelled in accordance with these Terms as soon as reasonably practicable and in any event within 30 (thirty) days of receipt of the returned Product(s) or the date We confirmed to you by e-mail that you were entitled to a refund.
(l) Legal rights: If you are a consumer, you will always have statutory rights in relation to Products and/or Services that are faulty, damaged or not as described. These statutory rights are not affected by the returns policy in this clause or these Terms. Advice about your statutory rights is available from your local Citizens' Advice Bureau or Trading Standards office.
3.5 Late or incomplete orders
If your Order has not arrived within the expected time after dispatch or arrives incomplete please email firstname.lastname@example.org or telephone Our contact centre on 0344 800 4444.
3.6 Damaged Products
If your Order arrives and the Product(s) are damaged, please comply with Our returns policy as set out in clause 3.4 of these Terms, email email@example.com or telephone Our contact centre on 0344 800 4444.
3.7 Product Availability
(a) Online Product availability: Our next working day delivery service is only available on items which are in stock at Our warehouse. All Product(s) featured on the Website are subject to availability. Each product page displays an indication as to current availability:
(i) "In Stock": next working day delivery available - Item is in stock in Our warehouse and qualifies for Our next working day delivery offer (see delivery times and charges below).
(ii) "Usually available within 10 days": Item is out of stock, but is expected soon. The product will be despatched to you when received at Our warehouse.
(iii) "Usually available within 28 days": Items is not a stocked line and We will try to order it in to fulfil any orders placed.
Subject always to clause 4.11 of these Terms, we will normally ship Products as soon as they are in stock and we reserve the right at Our discretion to deliver the Products that you have ordered in multiple deliveries where we don't have all of the Products that you have ordered in stock. You will not be charged extra for any split deliveries.
(b) Collect@Store Product availability: Collect@Store Product availability is identified once you have selected the store that you wish to collect from. Availability for Collect@Store is not shown prior to entering items into your shopping basket and selecting this service. You will need to enter your postcode for availability to be shown at your local stores. The Products subject to your Collect@Store reservation will be held at the relevant store for up to three days after which time you will be deemed to have cancelled such reservation.
Not all products listed on Jessops.com are available for Our Collect@Store service.
(c) If your Product is not available: We will inform you by email as soon as possible if the Product you have ordered is not available and We will not process your Order if made.
3.8 Product Description
(a) Each Product is sold subject to its Product Description as detailed on the Website.
(b) Accuracy of Product Description: We take all reasonable care to ensure that all details, descriptions and prices of Products and Services appearing on the Website are correct at the time when the relevant information was entered onto Our system. We aim to keep the Website as up to date as possible but the information at a particular time may not always reflect the position exactly at the moment you place an Order. We cannot confirm the price of a Product until your Order is accepted in accordance with Our Order acceptance policy set out in clause 3.2 of these Terms. You acknowledge that We cannot guarantee the accuracy of information of the Website and that such information will be error free and you acknowledge that information published on the Website may include inaccuracies and typographical errors.
(c) Images and measurements of Products and Services Our Website: The images of the Products and Services on Our Website are for illustrative purposes only. We have made every effort to portray Product(s) on the Website accurately, but slight variations may occur. All measurements are approximate and colour representation and reproduction are dependent upon publishing processes and the set-up of the device from which you are viewing the Website.
(d) Ex-Demonstration and Used Items: Ex-Demonstration and Used products are either ex-display, pre-owned or discontinued. Clearance products are identical to new stock however there may be defects such as missing accessories, blemishes, scratches etc. which will be detailed on the Website product page. Multiple orders for Ex-Demonstration and Used Items cannot be placed. Ex-Demonstration and Used products are not included in any cashback promotions. Consumer Finance is not available on Ex-Demonstration and Used Products. Ex-Demonstration and Used products are subject to Our returns policy in clause 3.4 save that you will not be entitled to request an exchange or replacement Product in relation to any Ex-Demonstration or Used Product returned to us pursuant to clause 3.4.
3.9 Delivery and delivery charges
Order in time for Christmas
FREE Order online, collect in store
Order online by 4pm on Tuesday 24th December and collect in store within 30 minutes. Note all stores will close at 4.30pm on Christmas Eve.
First collection will be available 1 hour after opening
Cut Off for placing orders is 1 hour before closing (except Christmas eve where it is 30 minutes)
All stores closed Christmas Day
Aberdeen, Inverness and Belfast also closed New Years Day
Collect at Store service is not available in Guernsey
The above applies to in stock items only.
(a) When delivery takes place: Delivery of Products will be completed when We deliver Products to the address you gave Us or when you collect the Products from Our store. Your Order will be fulfilled by the estimated delivery date set out in the Order confirmation or acceptance of your Order for Services unless there is an Event Outside Our Control – see clause 3.17(e).
Our Collect@Store service combines all the convenience and ease of shopping online with Our store network and expert staff. You can choose from Our extended range of Products and pay the online price on collection at Our store of your choice. There is no delivery costs or waiting for the courier, and Our expert staff are happy to offer additional help and advice when you collect your Order. We'll even email or text you when your Order is ready for collection at the selected Store. Benefits of Collect@Store are:
(i) You can choose from Our extended range of products online
(ii) You can pay and collect in as little as 30 minutes
(iii) We'll email or text you when your Order is ready for collection
(iv) You pay no delivery charges
How Collect @ Store works
(1.) Add available items to your shopping basket and when ready to checkout opt for 'Collect@ Store';
(2.) Enter a postcode to find stores in your area and We will let you know the collection times from each store; this can be in as little as 30 minutes;
(3.) Enter your contact details;
(4.) You will receive an email acknowledging your Order which you need to print out and take with you to the store;
(5.) Please pay for your items in-store and enjoy your new purchase.
We will send you a text message when the status of your Collect@Store order changes.
Collect@Store Specific Terms
(A.) From time to time some stores may be excluded from Collect@Store
(B.) Not all products listed on Jessops.com are included in our Collect@Store offering.
(C.) Payment is only taken when you collect your order in store, by credit card, cash, finance or gift vouchers in store. The online Order is intended to reserve the stock for your Order.
(D.) The price of your reserved Order will be the price shown on your basket total at the checkout of the Website.
(E.) We take all reasonable care to ensure that the correct stock in store is shown as available online for the Collect@Store service. We, however, cannot be held liable in the event that a stock discrepancy exists and We will endeavour to contact you within a reasonable time to inform you of such a discrepancy.
(F.) Reserving a Product online for collection in store is not an offer to purchase goods and no contract will exist until the transaction has taken place in Our store.
(G.) As the transaction takes place in Our store, your contract with Us for the purchase of Products via Our Collect@Store service will be governed by Our retail terms and conditions available in-store and will not be subject to or governed by the Consumer Protection (Distance Selling) Regulations 2000.
(c) Orders which are in stock:
(i) If your Order is placed before 5pm on a working day (which is not a Bank or Public Holiday) We will despatch your Product to you on the same day (a "working day" being each of Monday to Friday (inclusive) (excluding Bank or Public Holidays)).
(ii) If your Order is placed after 5pm on a working day it will not be despatched until the following working day.
(iii) Next day working delivery will be available excluding delivery to the following places: Northern Ireland, Scottish Highlands and Scottish Islands, Isle of Man, Isle of Wight, Inverness, Aberdeen and Dumfries & Galloway.
(iv) We are not able to guarantee next working day delivery.
(d) Orders which are in stock:
You will be charged for delivery of your Order depending on its value, size and the delivery option that you choose (for addresses in mainland UK). Estimated delivery times will be as selected by you based upon the delivery option you choose at Order basket checkout, if the items are in stock. Orders under £50 will be subject to a standard delivery charge of £1.99 or £3.99 depending on size (for addresses in mainland UK). Delivery time is up to 5 working days, if items in stock. Orders over £50 qualify for free standard delivery to addressed in mainland UK.
(e) Delivery method:
Any Order for Product(s) with an aggregate purchase price of more than £30.00 will normally be despatched via Parcelforce.
Parcelforce deliver Monday to Friday, 8am - 6pm only. No deliveries will be made on weekends or Bank or Public Holidays.
If you want your Order to be delivered on a Saturday it will cost you £8.99. This applies to items that are in stock, on orders placed before 5pm on Friday (which is not a Bank or Public Holiday).
You can track your Order online to find a scheduled delivery date.
(ii) Royal Mail 2nd Class Post
Any Order for Product(s) with an aggregate purchase price of less than £50.00 will normally be despatched via Royal Mail 2nd class post.
(f) Signature for your parcel: if your Order is sent via Parcelforce you must ensure someone is available to sign for your parcel as it will not be left without a signature. If you are not there to receive your delivery a note will be left to advise where your Order can be collected from.
(g) Alternative address for delivery: Delivery will be to the UK address specified in your Order in order to safeguard against fraudulent applications, We can only deliver Products ordered with Consumer Finance to the home address of the applicant.
(h) Additional instructions: Any additional instructions to the carrier must be agreed by Us.
(i) Delivery costs are per Order: Any costs quoted for delivery are per Order. The cost does not depend on the number of boxes which will be delivered to you.
(j) No overseas delivery: We will only deliver Product(s) to an address in the UK. We will not deliver Product(s) to British Forces Post Office Boxes.
(k) Responsibility for Products: The Products will be your responsibility from completion of delivery.
3.10 Price and how to pay
(a) Our advertised prices: Product prices are correct at the time of publishing and include VAT. If the rate of VAT changes between the date of your Order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for your Order in full before the change in VAT takes effect. Any Product price changes will be confirmed to you in the relevant Order acknowledgement.
(b) Payment method: All orders must be paid for using a UK registered credit / debit card. We offer various ways for you to pay online including Visa, MasterCard, Maestro, American Express, Solo and Paypal:
(i) Paypal is currently only available for home delivery orders, not Collect@Store and special order items (e.g. backorder Products, non-stock items and items sourced to your individual specification). Choose 'Home Delivery' and 'Checkout with Paypal' from the Shopping Basket' page.
(ii) We do not accept cheques, bank transfers or some other Internet payments.
(c) When your payment for Products is taken: During the checkout process, all credit/debit card payments are subject to authorisation by your card issuer. We take payment when We accept your Order shortly before We despatch the Product(s) that you have ordered, except for certain special order items. The Merchant ID/payment reference that will show up on your credit card/bank statement in respect of the transaction will be "Jessops Europe Limited".
(d) When your payment for Services is taken: Payment will be reserved at the time your Order is placed and collected after your Order is completed. By accepting these Terms you are stating that the details you provide when placing your Order, including the details of your credit or debit card, will be correct, that the credit or debit card which you use is your own and that there are sufficient funds or credit facilities to cover the cost of your purchase. We may confirm the validity of your credit or debit card details from any relevant financial services provider or credit reference agency. This service is provided by a third party and all payments are handled by Barclays Bank plc.
See clause 6.8 regarding payment for Training Academy Services.
3.10a Cashback Offers
(a) Please refer to the relevant manufacturer's/promoter's ("Promoter") Cashback terms and conditions, and any instructions from the Promoter of the relevant Cashback promotion. Such terms constitute the entire agreement between you and the Promoter in relation to the offer of Cashback and We will have no liability or other obligation to you in relation to the same.
(b) By entering/applying for a Cashback promotion you agree to the Promoter's Cashback terms and conditions that apply to such Cashback promotion which will at that time become binding between you and the Promoter.
(c) Promoters of Cashback promotion reserves the right to cancel or extend the promotion or amend the terms and conditions without notice.
(a) Eligibility: Competitions that are run by Us are open to residents of the UK, Channel Islands, Isle of Man and Republic of Ireland aged 18 years or over, and excludes Our employees or suppliers or any employees or suppliers of Our group or associated companies. The decision of the judges is final and no correspondence will be entered into. Submission of an entry will be taken to mean acceptance of these Terms.
(b) Conditions: A maximum of 3 entries per person (unless stated otherwise) should be submitted via email to the address stated within the competition. Entries must be labelled with the entrant's name and image files must be 72 dpi and between 1MB and 3MB. Entrants should include their own name, address and telephone number on the email.
We regret that We are unable to accept postal entries. Closing date will also be stated within the competition material, entries received after this date may not be eligible for inclusion. Images must have been taken by the individual submitting each file and whilst copyright of that image will remain with the entrant, submitting an entry to this competition will be seen as permission for Us to use that image in forthcoming publications and promotions as We see fit. See also clause 7.3 (Copyright and Trade Marks).
3.12 Our right to vary these terms and our Services
(a) We may revise these Terms from time to time, including but not limited to, in the following circumstances:
(i) changes in how We accept payment from you;
(ii) changes to the products or services that we offer or to Our Website; or
(iii) changes in relevant laws and regulatory requirements.
(b) Unless We state otherwise, every time you order Products or Services from Us, the Terms in force at that time will apply to the Contract between you and Us.
(c) Whenever we revise these Terms in accordance with this clause 3.12, We will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
(d) We may alter, correct, suspend or discontinue any part of Our Services, how you can use them, and their description on Our Website.
3.13 Manufacturer's Guarantee
Some of the Products We sell to you come with a manufacturer's guarantee. For details of the applicable terms and conditions of such guarantee, please refer to the manufacturer's guarantee provided with the Product(s).
If you are a consumer, a manufacturer's guarantee is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
3.14 Our liability to you
(a) If you are a business customer: We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise under or in connection with these Terms for:
(i) any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
(ii) any loss of goodwill or reputation; or
(iii) any loss or corruption of data, information or software; or
(iv) any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under these Terms.
To the fullest extent permissible under applicable law, We disclaim any and all warranties of any kind, whether express or implied, in relation to the Products and Services.
(b) If you are a consumer:
(i) if We fail to comply with these Terms, We are responsible for loss or damage you suffer that is a foreseeable result of Our breach of these Terms or Our negligence, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of Our breach or if they were contemplated by you and Us at the time We entered into the Contract.
(ii) We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Nothing in the Terms will exclude or limit Our liability for:
(i) fraud, fraudulent misrepresentation, death or personal injury resulting from Our negligence or that of Our servants, agents or employees;
(ii) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(iii) defective products under the Consumer Protection Act 1987; or
(iv) if you are a consumer, any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples).
3.15 Information about Us and how to contact Us
We operate the Website Jessops.com. We are a company registered in England and Wales under company number is 08384909 and with Our registered office at Network House, Third Avenue, Globe Park, Marlow, Buckinghamshire, SL7 1EY. Our registered VAT number GB 156 009 915.
If you have any queries about these Terms or any Order or Contract, please email firstname.lastname@example.org or telephone Our contact centre on 0344 800 4444.
We value Our customers' satisfaction very highly. If you have any complaints regarding your Jessops.com order please email Our Customer Support Team at email@example.com or call 0344 800 4444.
If your complaint relates to Collect@Store orders please contact Our Collect@Store customer services on 0344 800 4444 or email firstname.lastname@example.org.
3.17 Other important terms
(a) Communications between Us: Unless We state otherwise in these Terms, if you wish to contact Us in writing, or if any clause in these Terms requires you to contact Us in writing, you can send this to Us by e-mail, by hand delivery, or by pre-paid post to Jessops Europe Limited, Network House, Third Avenue, Globe Park, Marlow, Buckinghamshire, SL7 1EY. We will confirm receipt of this by contacting you in writing. If We have to contact you or give you notice in writing, We will do so by e-mail, by hand delivery, or by pre-paid post to the address you provide to Us in your Order.
(b) Transfer of a Contract to someone else: We may transfer Our rights and obligations under a Contract to another organisation, but this will not affect your rights or Our obligations under these Terms. You may only transfer your rights or your obligations under these Terms to another person if We agree in writing.
(c) Enforcement of these terms by someone else: Each Contract is between you and Us. No other person shall have any rights to enforce any of its terms except as expressly set out in these Terms.
(d) Whole agreement: If you are a business, these Terms and any document expressly referred to in them constitute the whole agreement between you and Us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of Us which is not set out in these Terms or any document expressly referred to in them.
(e) Events Outside Our control: We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under a Contract that is caused by an Event Outside Our Control. If an Event Outside Our Control takes place that affects the performance of Our obligations under a Contract:
(i) We will contact you as soon as reasonably possible to notify you; and
(ii) Our obligations under a Contract will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our delivery of Products to you, We will arrange a new delivery date with you after the Event Outside Our Control is over.
(f) Waiver: If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you. Unless specifically provided otherwise, rights arising under the Contract or these Terms are cumulative and do not exclude rights provided by law.
(g) Each of the clauses of these Terms operates separately: If any court or relevant authority decides that any of these clauses are unlawful or unenforceable, such clauses shall be deemed to have been deleted or amended to such extent as is strictly necessary for such clauses to be lawful and enforceable and all other remaining clauses will remain in full force and effect.
(h) Governing Law:
(i) If you are a consumer, please note that these Terms are governed by English law (including non-contractual disputes or claims). This means a Contract for the purchase of Products and/or Services through Our Website and any dispute or claim arising out of or in connection with it will be governed by English law. You and We both agree to that the courts of England and Wales will have exclusive jurisdiction (including non-contractual disputes or claims). However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
(ii) If you are a business, these Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales (including non-contractual disputes or claims).
4. CONSUMER FINANCE
Applying for online finance (home delivery orders)
Applying for online finance couldn't be easier or more convenient. Once you've chosen the Products you'd like to purchase, simply complete a brief on-line application form accessed via the 'checkout' area of the Website. Just follow the simple instructions, entering your personal details as required and We'll do the rest.
4.1 Who these terms and conditions apply to: These additional terms and conditions in clause 4 apply if you are a consumer and you choose to obtain Consumer Finance from Us. If these terms conflict with any terms in clause 3, this clause 4 will take precedence.
4.2 Who We are: We are licensed credit brokers with Licence Number 656561. Credit is subject to status and available to permanent UK residents only. Finance will be provided by a third party, V12 Retail Finance Limited (company registration number 04585692) whose registered office is at V12 Retail Finance Limited, One Arleston Way, Shirley, Solihull, West Midlands, United Kingdom, B90 4LH. The retailer is Jessops Europe Limited. Full terms are available on request from V12 Retail Finance Limited.
4.3 Applying for finance (online):
(a) Your Application (online): If you'd like to apply for Our Consumer Finance you must complete an on-line application form accessed via the 'checkout' on Our Website. You will be sent an email to confirm the status of your application as soon as it has been processed. If your application is approved and you accept the terms of the Consumer Finance contract, you will return to the checkout and will proceed through to the completion of your Order. Following completion, you will receive an email with a link to download a copy of your credit agreement for your records.
(b) Subject to availability, typical consumer finance deals available are:
(i) 6 months Interest Free Credit; or
(ii) 24 month Interest Bearing Credit at 15.9% APR representative
(c) Interest and deposit: All consumer finance orders are subject to a minimum deposit of 20% which will be taken from your Debit/Credit Card once your Order has been confirmed and approved.
4.4 Eligibility: You must be between the ages of 21 and 75, work at least 16 hours a week, or be retired with an income. You must also be a resident of the UK and have lived in the UK for the last three years or more. Homemakers are not excluded from application under their own names; however the employment details of your spouse will be required in order to process your application. We can only deliver Products ordered with Consumer Finance to the home address of the applicant.
4.5 Exclusions: Consumer Finance is not available:
(a) on Ex-Demonstration and Used Products; or
(b) if you are resident in Eire.
4.6 Credit testing: Credit scoring is the process used by financial services companies to evaluate the credit risk of new applicants. This technique will be applied to your application for online finance. Credit scoring works by awarding points for each answer given on the application form such as age, income and occupation, together with information obtained from credit reference agencies. This information allows Us to produce consistent decisions, ensuring all Our applicants are treated fairly.
4.7 Circumstances where We may refuse your application: If We decline your application We are not able to confirm the reason for this. Applications are usually declined due to one, or a combination of, the following:
(a) your credit score (note that every finance company will score you differently);
(b) adverse credit reference agency information;
(c) you are considered to be overcommitted;
(d) you are aged under 21; or
(e) your existing account performance with other lenders.
If your application has been refused, it does not mean that a further request will be automatically turned down but We suggest that you leave at least 3 months between applications.
4.8 How quickly your application will be processed: if your online application is received between 9am and 8pm, Monday to Friday (excluding Bank and Public holidays), 9am and 6pm on Saturday, or 10am and 5pm on Sunday then in the majority of cases, you will receive a decision within a matter of minutes.
If you submit your application outside of these hours, then you will likely receive a response the next working day.
You will be sent an email to confirm the status of your application as soon as it has been processed.
Once my application is approved, what happens next?
Within minutes of your application being approved, you'll be asked to accept the terms of the Consumer Finance Credit Agreement - once you select YES you will return to the Website checkout area and will proceed through to the completion of your Order following which your Order will be dispatched for home delivery. Following completion, you will receive an email with a link to download a copy of your Credit Agreement for your records.
4.9 Information held by credit reference agencies:
Some of the information is public information, for example electoral roll, County Court Judgements and bankruptcies. Other lenders may also file information about accounts you hold with them for instance this could include your payment history and outstanding balance on these accounts.
Any requests for credit, where a credit reference search has been undertaken, will also be filed, although the result of the request is not recorded.
You can obtain copies of this information by sending a cheque for £2, made payable to the relevant credit reference agency, together with details of all addresses at which you have lived over the last 6 (six) years:
4.10 Consumer Help Desk:
Experian LTD P.O. Box 8000 Nottingham NG1 5GX
Equifax Department 1E P.O. Box 3001 Glasgow G81 2DT
You can also find out more about credit decisions by visiting the above companies' websites: Experian and Equifax the above listed agencies will provide details of information relating via these addresses.
If you believe that the information is incorrect, you can ask the agency to correct it.
4.11 Delivery: Products are allocated to your Order only when your application for Consumer Finance has been approved. This means there's a small chance that the Product you ordered may be sold out by the time your agreement is received. For Orders that are subject to consumer finance, NO Products that are subject to your Order will be dispatched until ALL Products that are subject to this Order are in stock and available.
4.12 Help: Simply email Our customer services team at email@example.com or call them on 0344 800 4444 detailing the nature of your enquiry.
A customer services advisor or a member of Our online finance team will get back to you as soon as possible with an answer to your question.
4.13 Applying for finance (in store):
We will take your details (including credit or debit card details) and process your application. If your application is approved you will be asked to sign the credit agreement and you can take your purchase away that day.
5. PHOTO PRODUCTS
5.1 The Jessops Photo website located at www.jessops.com/photo is operated by Our licensee, CeWe Color Limited, registered in England and Wales with company Number 00485715 and with registered office and trading address at Unit 4 Spartan Close, Tachbrook Park, Warwick, Warwickshire CV34 6RR ("CeWe").
5.2 All orders placed on the Website for Photo Products are subject to CeWe's terms and conditions (see: http://photo.jessops.com/terms-of-use.html) and We have no liability or other obligations in relation to any services or products ordered by you from CeWe or www.jessops.com/photo.
6. JESSOPS TRAINING ACADEMY
6.1 Who these terms and conditions apply to: The additional terms and conditions in this clause 6 apply if you choose to purchase Training Academy Services from Us. If these terms conflict with any terms in clause 3, this clause 6 will take precedence.
6.2 Additional definitions:
When the following words with capital letters are used in this section 6 this is what they will mean:
Course(s): are the training course(s) provided by Us;
Equipment: means all and any cameras, camera equipment and apparatus, and any other materials brought to the Venue and/or the Course by you;
Owners: means the owners and/or management of the Venue;
Services: the training services to be provided to you through the means of the Course and/ or workshops and any additional activities which We deem appropriate from time to time incorporated into the Course;
Venue: means the venue the Course(s) are to be held at;
We/Us/Our: Jessops Europe Limited (registered in England and Wales with company number 08384909) whose registered office is at Network House, Third Avenue, Globe Park, Marlow, Buckinghamshire, SL7 1EY, VAT number GB 156 009 915; and
Website: Our website located at www.jessops.com or any subsequent URL which may replace it.
6.3 Submitting an Order:
You can only attend a Course if you over 16 years of age on the date of attendance at the relevant Course or you attend the Course with a parent or guardian. By placing an Order for a Course you unconditionally warrant and represent that you are over the age of 16 or you will attend the Course with your parent or guardian. If you are under 16 at the time of the Course and you do not attend the Course with your parent or guardian you will not be permitted to participate in the Course.
You may submit a Order to Us via the Website or by contacting Our customer services team at firstname.lastname@example.org, calling them on 0344 800 4444 or by placing your Order in one of Our stores.
All Orders for Courses are processed and administered by Bookingbug Limited Our third party booking services provider and whilst Bookingbug Limited will process you details your data will be processed in accordance with the Data Protection Act 1998 (as amended), used only for the purposes of the provision of such services and not passed on by Bookingbug Limited to any one or more third parties.
If you place an Order for a Course but do not immediately book a specific Course at the time of such Order you must attend a Course within 12 months of the date of your Order; if you fail to do so, you will lose your chance to attend a Course,you will still be charged for your Order and you will not be entitled to a refund.
6.4 Your Obligations:
(a) ensure that you attend the Course wearing appropriate clothing and footwear;
(b) inform Us at the time of submitting your Order whether you have mobility problems, walk with the aid of walking aids or require a wheelchair;
(c) comply with all reasonable instructions and directions issued by Us or any applicable venue where the Course will take place (including, without limitation, in relation to health and safety or security requirements);
(d) at all times throughout the Course and whilst in attendance at the Venue conduct yourself in an orderly manner and must not act in any manner which causes offence, annoyance or inconvenience to other Course attendees, the Venue, or Us;
(e) take out and maintain applicable adequate insurance to cover your participation in the Course and for the Equipment;
(f) not cause or permit any damage to the Venue or any part of it or to any fixtures or fittings;
(g) be responsible for the payment of any and all expenses incurred by you in relation to the Course;
(h) inform Us either during the Course or within twenty eight (28) days after the final day of the Course of any complaint or problem with the Services, the Course or Us which you may have.
You agree and acknowledge that you have full responsibility for your mobility whilst on the Course and attending the Venue (both travel arrangements to and from the Course and your general mobility once at the Course Venue and whilst participating in the Course).
6.5 Changes to your Order:
(a) Prior to the Course date We reserve the right, for any reason (whether or not due to Events Outside Our Control), to change the price of, format, content, Venue and timing of the Course as advertised on the Website; We will use reasonable endeavours to notify you of any such change(s).
(b) We reserve the right at any time after We have accepted your Order and for any reason (whether or not due to Events Outside Our Control) to cancel or change the format, content, Venue and timing of the Course.
6.6 If we cancel or make changes to your Course: In the event that We cancel or amend the Course under clause 6.5 you will be entitled to a full refund of the fees paid to Us under clause 6 of these Terms. If any changes are made to the Course under this clause 6.6 or clause 6.9(c), these Terms will continue to be binding on both you and Us and the Order will be deemed to be amended accordingly.
6.7 Providing Services:
(a) We will supply the Services to you for the duration of the Course stipulated in your Order.
(b) As a consumer, you have legal rights in relation to Services not carried out with reasonable skill and care, or if the materials We use are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
6.8 Price and payment:
We will take full payment for the relevant Course(s) at the time that you place your Order in relation to the same pursuant to clause 6.3 above. For the avoidance of doubt the prices as referred to in your Order will include the following:
(a) tuition for the Course; and
(b) Course materials
You should bring your own refreshments.
In order to complete your Order you will be required to pay the applicable Course fees. Where you place your Order over the telephone payment can be made by credit or debit card. If you place your Order at a Jessops store then payment may also be made in cash.
6.9 Additional limitations on Our liability to you:
(a) We do not make any warranty as to the Course in general and in particular in relation to: (i) the presence or absence of any other attendees or the Venue; or (ii) the benefit or outcome (commercial or otherwise) that You may achieve as a result of attending the Course.
(b) We will have no responsibility or liability for any loss, theft, or damage to your property or effects, including but not limited to the Equipment.
(c) In the event that the date of the Course is changed or the Course is cancelled due to an Event Outside Our Control you will be informed as soon as possible (and we will use all reasonable endeavours to give you at least 24 hours' notice) prior to the scheduled commencement date for the Course and you will be entitled to either:
(i) a full refund of the fees paid to Us under clause 6 of these Terms; or
(ii) attend the Course on the alternative date suggested by Us except in extreme cases where it is no longer possible to provide the Course.
6.10 Amendments to your booking/Amendment Fees:
(a) You are entitled to amend your Order at any time using the email link provided at the time of placing your Order, however, unfortunately We cannot accept an amendment to your Order less than seven (7) days before the proposed date of your original Course booking. Any request for a cancellation of a Course or amendment to your Order less than seven (7) days before the proposed date of your original Course booking: (i) will only be granted or qualify for a refund (either in whole or in part at Our sole and absolute discretion) in extreme circumstances; and (ii) must be made by contacting Our customer services team at email@example.com, calling them on 0344 800 4444 or calling in to one of Our stores.
(b) Where you wish to amend your Order to attend a Course that is more expensive than your Original Course, you must cancel your Order in relation to your original Course (subject always to clause 6.10(a) above) and then submit a new Order in relation to the new Course.
6.11 Intellectual Property Rights:
Any and all intellectual property rights in the Course materials are owned by Us and will continue to be owned by Us.
7.1 Status and Application
This clause 7 applies to your use of the Website.
You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are:
(a) aware of these Terms, and that they comply with them; and
(b) they are not under the age of 13 and if they are over the age of 13 but under the age of 18 they are being supervised by an adult over the age of 18 at all times.
Access to the Website by anyone under the age of 13 is unauthorised and is not permitted by these Terms; by using the Website you confirm that you are over the age of 13 and if you are over the age of 13 but under the age of 18 you are being supervised by an adult over the age of 18 at all times.
The information provided by us on the Website is not in any way an invitation or recommendation to buy any products or services featured and you should seek appropriate independent advice.
7.2 Errors and Omissions:
We make every effort to ensure that the information on Our Website is accurate and up to date. However we cannot guarantee such information will be error-free and you acknowledge that information published on this Website may include inaccuracies and typological errors. We will promptly correct any errors brought to Our attention. If you find an error please let Us know via Our Contact Us section.
We can accept no responsibility for information or opinions from third-parties, contained within this Website, or for the content of links from this Website.
Product photographs are for illustration only, products may differ from those shown. Descriptions are supplied by the manufacturer and may change without notice.
We reserve the right to withdraw any item from sale, at any point prior to despatch, for whatever reason.
Offers, prices, specifications and services are subject to change.
Collect@Store Service: From time to time some stores may be excluded from the Collect@Store service.
7.3 Copyright and Trade Marks:
The Website is owned, controlled or licensed by Us. You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website will remain at all times vested in Us or Our licensors. You are permitted to use this material only as expressly authorised by Us or Our licensors.
You shall retain ownership of all copyright in data you submit to Us or the Website. You grant us a word-wide, exclusive, royalty-free, non-terminable licence, to use, copy, distribute, publish and transmit such data in any manner.
7.4 Your use of Our Website:
The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through it.
You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content. You may print off one copy, and may download extracts of any page(s) from the Website for your personal reference and you may draw the attention of others within your organisation to material posted on the Website. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way under this clause, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status as the authors of material on Our Site must always be acknowledged. If you print off, copy or download any part of the Website in breach of these Terms your right to use the Website will cease immediately and you must, at Our option, return or destroy any copies of the materials you have printed off copied or downloaded.
We will enedeavour to allow uninterrupted access to the Website but We reserve the right to modify or withdraw, temporarily or permanently, this Website (or any part of it, including any Service or Product advertised on it) with or without notice to you and you confirm that We will not be liable to you or any third party for any modification to or withdrawal of the Website.
We do not warrant that the Website will meet your requirements or will be uninterrupted, timely or error-free or that defects will be corrected.
If you access the Website from outside the UK you are responsible for compliance will all local laws in respect of such access/use.
7.5 Your obligations:
You confirm that:
(a) you have parental consent if under 18 years of age where you are providing Personal Information;
(b) the Personal Information which you provide to Us is true, accurate, current and complete in all respects; and
(c) you will notify Us immediately of any changes to the Personal Information by contacting Us by email at firstname.lastname@example.org or call Us on 0344 800 4444.
You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
7.6 Prohibited uses:
You may use the Website only for lawful purposes. You must not use the Website:
(a) in any way that breaches any applicable local, national or international law or regulation; or
(b) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; or
(c) for the purpose of harming or attempting to harm minors in any way; or
(d) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
(e) to knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You must not:
(a) reproduce, duplicate, copy or re-sell any part of the Website in contravention of the provisions of these Terms; or
(b) access without authority, interfere with, damage or disrupt:
(i) any part of the Website;
(ii) any equipment or network on which the Website is stored;
(iii) any software used in the provision of the Website; or
(iv) any equipment or network or software owned or used by any third party.
7.7 User name and password:
On registering with Us, you register a user name and password which must be used in order to access certain restricted parts of the Website. The user name and password are personal to you and are not transferable.
Your name and password are the methods used by us to identify you and so are very important. You are responsible for all information posted on the Website by anyone using your user name and password and any payments due for services accessed through the Website by anyone using your user name and password. Any breach of security of a user name and password should be notified to Us immediately.
We have the right to disable your password, if in Our opinion, you have failed to comply with or otherwise breach any of the provisions of these Terms.
You may not adapt or circumvent the systems in place in connection with the Website, nor access the Website other than through normal operations.
7.8 Website suspension and termination:
(a) From time to time, We may restrict Users' access to all or any part of the Website, or any User's access to the Website who have registered with Us.
(b) We will determine, in Our discretion, whether there has been a breach of these Terms through your use of the Website. When a breach of these Terms has occurred, We may take such action against you or any other third party as We in Our absolute discretion deem appropriate.
(c) Failure by you to comply with these Terms, may in Our absolute discretion result in Our taking all or any of the following actions:
(i) immediate, temporary or permanent withdrawal of your right to use the Website;
(ii) issue of a formal warning to you;
(iii) legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from your failure to comply with these Terms;
(iv) further legal action against you; or
(v) disclosure of such information to such law enforcement or other regulatory authorities as We in Our absolute discretion decide.
All disclaimers, indemnities and exclusions in this clause 7 shall survive termination of any Contract between us for any reason.
7.9 Viruses, hacking and other offences:
We will not be liable to you for any loss or damage caused by a distributed denial-of-service attack, viruses or other harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it. We make no warranty that the Website or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
7.10 Data submitted by users:
We accept no liability for data supplied by any user for display on the Website.
If you submit data for display on the Website you are responsible for ensuring that the data is accurate, complete and up to date and for updating that data where necessary.
If you submit data for display on the Website you are responsible for ensuring that no data is uploaded or submitted which is untrue, defamatory, obscene or abusive or otherwise objectionable or in breach of any applicable laws or rights of third parties.
You warrant that you have taken all reasonable precautions to ensure that any data you upload or otherwise submit to the Website is free from viruses and anything else which may have a contaminating or destructive effect on any part of the Website or any other technology.
We reserve the right (without limiting our rights to seek other remedies) to remove offending material placed on the Website that we consider to constitute a misuse of the Website or which is otherwise harmful to other users of the Website.
The information on the Website is provided by Us and is for general information purposes only.
Due to the nature of electronic transmission of data over the internet, and the number of users by whom data is posted on to the Website, We do not accept any responsibility or liability for loss or damage including without limitation, any economic losses, indirect or consequential loss or damage, or any loss or damage whatsoever arising from use or loss of use of data arising out of or in connection with the use of the Website.
We assume no responsibility for the content of any other websites to which this Website has links. Linking should not be taken as endorsement of a website, including any products and services referred to in that website, nor does it imply that there is an association between Us and the operators of that website. We cannot guarantee that these links will work all the time and has no control over the availability of linked pages. We endeavour to keep the Website running smoothly but We do not guarantee uninterrupted access to the Website.
8.2 Security of your information: We will treat all your Personal Information as confidential (although We reserve the right to disclose this information in the circumstances set out below). We will fully comply with all applicable UK Data Protection and consumer legislation from time to time in force. If you wish to read the information that We hold about you, you should contact the web team via the Contact page. While We reserve the right to make a nominal charge for such for information requests, We are unlikely to do so.
8.3 Your Personal Information: When you use this Website, We will ask you to input and will collect Personal Information from you such as your name, e-mail address and information We need about you in order to supply you with Products and Services you order from Us such as your postal address, telephone number and credit and/or debit card details. We may also collect, and Our third party providers of advertisements and content may collect, information about where you are on the internet (e.g. the URL you came from, IP address, domain types like .co.uk and .com), your browser type, the country and telephone area code where your computer is located, the pages of Our website that were viewed during your visit, the advertisements you clicked on, and any search terms that you entered on Our Website (User Information). You have the right to ask Us to correct and update any out-of-date or incorrect Personal Information that We hold about you free of charge.
8.4 Our monitoring of the Website: You should be aware that the Website is monitored and may capture information about your visit that will help Us improve the quality of Our service.
8.5 How We will use the information you provide to Us: We confirm that any Personal Information which you provide to Us (or which is available on public registers) and any User Information from which We can identify you, is held in accordance with the registration We have with the Data Commissioner's Office. We use your information only for the following purposes:
(a) to make the Website available to you and to complete any purchases you make through this Website;
(b) to customise the Website according to your interests;
(c) to improve this Website and Our products and services;
(d) to provide you with Services that you require;
(e) to contact you for market research purposes (including by SMS and email); although We will only pass on your details to third parties who may contact you for market research purposes with your prior approval;
(f) to serve website content and advertisements to you;
(g) for internal record keeping;
(h) to administer the Website;
(i) where you have given Us your consent, to periodically send promotional emails about new products, special offers or other information which We think you may find interesting (including by SMS and email); and
Finally, we may also collect anonymised details about visitors to Our Website for the purposes of aggregate statistics or reporting purposes. However, no single individual will be identifiable from the anonymised details We collect for these purposes.
8.6 How We may contact you: You agree that you do not object to Us contacting you for any of the above purposes whether by telephone, e-mail or in writing and you confirm that you do not and will not consider any of the above as being a breach of any of your rights under the Privacy and Electronic Communications (EC Directive) Regulations 2003. You may unsubscribe from Our contact list at any time by clicking on the unsubscribe link at the bottom of the email.
8.7 Sharing your information with others:
(a) We will not disclose, sell or rent your personal information to any third party unless you have consented to this. If you do consent but later change your mind, you may contact Us and We will cease any such activity. However, if a third party acquires all (or substantially all) of Our business and/or assets, We may disclose your personal information to that third party in connection with the acquisition. We may also disclose your personal information where We are required to do so by applicable law, by a governmental body or by a law enforcement agency.
(b) Your Personal Information may be disclosed to other businesses and companies within the same group as Us and to reputable third parties who will help process your Order. We require all such third parties to treat your Personal Information as fully confidential and to fully comply with all applicable UK Data Protection and consumer legislation from time to time in place.
(c) You should be aware that if We are requested by the police or any other regulatory or government authority investigating suspected illegal activities to provide your Personal Information and /or User Information, We are entitled do so.
8.8 Cookies: Cookies are small text files that are placed on your computer by websites that you visit. They are widely used in order to make websites work, or work more efficiently, as well as to provide information to the owners of the Website. To find out more about Cookies, please visit www.aboutcookies.org.
We realise how important it is to securely store any information that you provide. We maintain the highest levels of security. You can therefore rest assured that We take the privacy and security of your Personal Information very seriously.
Most web browsers allow some control of most cookies through the browser settings. To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit www.aboutcookies.org or www.allaboutcookies.org.
To opt out of being tracked by Google Analytics across all websites visit https://tools.google.com/dlpage/gaoptout.
8.9 Security: You can tell whether a page is secure as 'https' will replace the 'http' at the front of the www.jessops.com in your browser address window. A small locked padlock will also appear in the bottom bar of your browser window.