1.1 These terms constitute a legal document (“the Agreement”), which sets out the rights and obligations of you as a purchaser (“you”), and those of Mark Cleghorn Photography Ltd (“Mark Cleghorn Photography”, “we” or “us”), in relation to the services and products offered by us through this site or any of the other sites owned by us. By registering for Mark Cleghorn Photography services, you agree to the terms of this Agreement, and you re-affirm that agreement every time you use any of our services.
1.2 You agree to:
1.2.1 provide true, accurate, current and complete information about you as prompted by our registration form (such information being the “Registration Data”); and
1.2.2 maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Mark Cleghorn Photography has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Mark Cleghorn Photography has the right to suspend or terminate your account, cease supply and refuse you any and all current or future use of the Mark Cleghorn Photography site (or any portion of it).
2. Place of performance and applicable law.
Mark Cleghorn Photography Ltd is a company registered in Wales. Unless otherwise specified, the materials on this site are directed solely at those who access this site from the United Kingdom mainland. Mark Cleghorn Photography makes no representation that any product referred to in the materials on this site is appropriate for use, or available, in other locations. Those who choose to access this site from other locations are responsible for compliance with local laws if and to the extent local laws are applicable. English law shall govern this Agreement.
You and we each submit to the exclusive jurisdiction of the English courts in relation to disputes arising out of this Agreement.
3. Placing an order
3.1 A notice will be displayed on your web browser before you submit an order with Mark Cleghorn Photography. This contains important information such as a description, price and delivery charges of the good or services ordered. Mark Cleghorn Photography suggests that you print off a hard copy of the notice or save a copy to your hard drive for your own records.
3.2 Goods supplied to you by Mark Cleghorn Photography will correspond with their prices and description (subject to E & OE). If at any time this is not the case Mark Cleghorn Photography will give you the right to reject the goods within a reasonable time period for a full refund.
3.3 In the unlikely event that an incorrect price is shown on our website. Mark Cleghorn Photography reserves the right to abstain from fulfilling the order at that price. You will of course be notified, and at which point you will be informed of the correct price, and given the choice to proceed with the order.
4. Returns Policy
Subject to the right of Consumers to return goods for refund under The Supply of Goods and Services Act and Distance Selling Regulations, Mark Cleghorn Photography does not sell products on a trial basis. Customers are strongly advised to check suitability and specifications of products before ordering.
You have the right to cancel your purchase at any time either before or up to 7 days following the day you receive the goods by:
e-mailing us using the contact form stating your name, a description of the goods or services concerned and the order number of the cancelled order, or
telephone us on 029 2046 4626 (Monday to Friday from 9.30am to 6pm excluding public holidays) – please have your order reference number and delivery details to hand.
4.2 If you exercise your right to cancel your order after the goods have been despatched, you will be responsible for returning the goods to Mark Cleghorn Photography at your own risk and cost, therefore, we strongly recommend you use an insured delivery method such as Royal Mail Special Delivery. All returns are subject to the following conditions, except where the goods are faulty or incorrectly described on the website.
Your product must be complete and in ‘as new’ condition (e.g. if you have opened the box to examine the product you must have done so without damaging or marking the product or packaging).
It must not have been used or installed. It should be returned with the original box, packing and accessories you received with it.
DVDs can only be accepted if still sealed. This policy is to avoid any potential breach of the Copyright Descriptions and Patent act (CDPA) 1988. All opened software is exempt from return under the terms of the distance Selling Regulations (SI2334/2000). Software that arrives damaged or is physically faulty may be returned under our normal returns policy.
A proof of purchase must be supplied.
We will not refund any items that have been specially ordered to your individual specification or personalised.
Goods returned outside the 7 days cancellation period (but within 28 days of receipt) that can not be re-sold as new will only be refunded to their mail order return value and a credit note may be issued.
Where we have made a charge for postage, this will be deducted from your refund if the goods have been despatched to you.
4.3 You cannot cancel your purchase when:
the seal has been broken on any DVDs, or
the goods were a special order to your specification; or
28 days has elapsed following receipt of the goods
Until such time as you return the goods to us you must take reasonable care of the item(s) and not use them. Any use of the delivered goods beyond that necessary to inspect the goods upon delivery will invalidate your right to cancel the contract.
4.4 Authorising the Return
You must prior to returning any goods received, contact us Customer Services on 029 2046 4626 or e-mail us using the contact form stating your name, a description of the goods or services concerned and the order number of the cancelled order. Failure to do so will result in a delay in processing your refund or the product being returned to you. All authorised returns must be returned to the distributor as per shipping note.
4.5 Faulty or incorrectly described Goods
You will always have the option of an exchange or refund if the fault occurs within 28 days of delivery. If there is a fault with your product within 6 months of delivery, we will normally offer a repair, exchange or (full or partial) refund. After 6 months but within 12 months we will offer a repair only. In all cases we reserve the right to inspect the product and verify the fault and, if no fault is found return the product to you. No refund will be processed until the returned goods have been received by ourselves and an appraisal made as to any fault.
4.6 To qualify for a refund or exchange the products must be:
in otherwise “as new” condition; and
complete with any accessories and free gifts offered with it (and, if possible, the original box and packaging and warranty).
4.7 All monies for authorised returns will be refunded within 30 days of receipt of your returned goods.
4.8 This promise does not cover faults caused by accident, neglect, misuse or normal wear and tear.
4.9 Any refund due to a fault or other defect will include a refund of the delivery charge. We will also pay for your costs of returning the goods for replacement or refund. Replacement goods are sent by standard delivery only (i.e. premium services are not available).
4.10 THIS RETURNS POLICY DOES NOT AFFECT YOUR LEGAL RIGHTS. DETAILS OF YOUR LEGAL RIGHTS ARE AVAILABLE FROM THE CITIZENS ADVICE BUREAU OR CONSUMER DIRECT.
5.1 Mark Cleghorn Photography shall not be liable to any person for any loss or damage, which may arise from the use of any of the information contained in any of the materials on this site. Mark Cleghorn Photography will only be liable for consequential losses within the contemplation of the parties.
5.2 Certain links in this site (typically a banner advert or icon) will lead to sites, which are not under the control of Mark Cleghorn Photography. When you activate any of these you will leave the Mark Cleghorn Photography site and Mark Cleghorn Photography has no control over and will accept no responsibility or liability for the material on any site, which is not under the control of Mark Cleghorn Photography.
6. Limitation of Liability
6.1 Nothing in this Agreement shall affect the statutory rights of any consumer or exclude or restrict any liability for death or personal injury arising from the negligence or fraud of Mark Cleghorn Photography.
6.2 Subject to clause 6.1, you agree that Mark Cleghorn Photography shall not be liable either in contract, tort, negligence, statutory duty or otherwise, for any direct loss or damage (including loss or damage which is reasonably foreseeable or occurs naturally in the course of things) resulting from any acts, omissions, failures or delays occurring on or in relation to those parts of the Internet not under Mark Cleghorn Photography’s direct control including, without limitation, damage for loss of business, loss of sales, non payment of sums due, loss of profits, business interruption, loss of reputation, loss of business information, or any other pecuniary loss (even where Mark Cleghorn Photography has been advised of the possibility of such loss or damage).
6.3 The only liabilities that Mark Cleghorn Photography can exclude are those arising from the following.
6.3.1 In cases where losses were not foreseeable to both parties when the contract was formed.
6.3.2 Where losses were not caused by any breach on the part of Mark Cleghorn Photography.
6.3.3 For any business losses, and/or losses to non-consumers.
We guarantee all orders will be received within 30 days. If Mark Cleghorn Photography cannot delivery within 30 days you will be notified immediately to arrange another time for delivery, or if you would prefer, to cancel your order. For a full explanation of delivery charges please read thedelivery details page.
8. Complaints handling procedure
In the unlikely event that you have any complaints as to our service or any of the goods and services supplied to you from our site, please contact us by either:
E-mail: using the email contact form
Phone: 029 2046 4626
or write to:
Mark Cleghorn Photography
Graig Church Studio,
Graig, Pontypridd. CF37 1RD, United Kingdom
All complaints are taken seriously and will be investigated as soon as they are brought to our notice. We will endeavour to rectify any problems as soon as possible.
All designs, text, graphics and their selection and arrangement on this site are the copyright of Mark Cleghorn Photography or its content providers. As a visitor to this site you are only permitted to copy electronically or to print portions of this site that have been prior agreed by Mark Cleghorn Photography in advance. Any other use of materials on this site without Mark Cleghorn Photography’s prior written consent is strictly prohibited.
10. Matters Beyond our Reasonable Control
Mark Cleghorn Photography shall not be held liable for any breach of this Agreement caused by circumstances out of its control including, but not limited to, Acts of God, fire, lightening, flood, or extremely severe weather, explosion, war, disorder, flood, industrial disputes (whether or not involving our employees), acts or omissions of Internet services providers or acts of local or central Government or other competent authorities.
In the event of conflict or inconsistency between the terms of the English language version of this Agreement and any translation provided by us, the English language version shall prevail.