Help & Support

 

1. Acceptance

1. Use of this website, or any other websites or services operated by PiXAPRO LTD/EssentialPhoto & Video are subject to the same terms and conditions and sets out the rights and obligations of you as a user or purchaser ("you") and those of PiXAPRO LTD or EssentialPhoto  & Video ("we" or "us") in relation to the products and services owned by us (“PiXAPRO LTD/EssentialPhoto  & Video”).
2. You agree to provide true and accurate information about you when creating an account with PiXAPRO/EssentialPhoto  & Video and agree to update your provided information with us to keep it accurate. Failure to do this may result in PiXAPRO LTD/EssentialPhoto  & Video the right to suspend or terminate your account and refuse you any current or future use of the PiXAPRO LTD/EssentialPhoto  & Video site (or any portion of it).
3. Without notice to we reserve the right to: Modify or withdraw this Website (or any part thereof) and/or change the Agreement from time to time, and your continued use will result in acceptance of this change. It is your responsibility to check regularly to determine whether the Agreement has been changed

 

2. Trading

EssentialPhoto & Video is a trading name of PiXAPRO LTD is a company registered in England and Wales (Registered Number 07601334, VAT number GB112445747). Those who choose to access this site from other locations are responsible for local laws.

This Agreement is governed by English law. You and we each submit to the exclusive jurisdiction of the English courts in relation to disputes arising out of this Agreement.

 

3. Application of Terms and Conditions

1. These Terms and Conditions shall apply to every sale or supply made by the Company.
2. No Terms and Conditions contained in, delivered with or otherwise communicated to the Company by the Customer shall form part of the Contract unless agreed pursuant to clause 3.4.
3. Any variation to these Terms and Conditions must be expressly agreed by the Company in writing. The Customer acknowledges that it has not relied on any statement, representation or promise made by or on behalf of the Company which is not set out in the Contract.
4. The Customer shall be deemed to have adopted these Terms and Conditions as the Customer’s standard terms of business in relation to all present and future dealings between the parties. No other terms are implied by trade, custom, practice or course of dealing.

5. No Company employee who is not a director, or authorised by a director, of the Company has any authority to modify or deviate from the Terms and Conditions.

 

4. Placing an order

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.

Once your product has been dispatched from our warehouse, the third-party courier will send you a confirmation email. This will then trigger an order acceptance and the completion of the contract between you and us of the products ordered.

Although we aim to keep the Website up to date, the information including product descriptions may not always be correct, including incorrect prices. PiXAPRO LTD/EssentialPhoto & Video reserves the right to not dispatch the order at that price. You will be given the option of a full refund, or to make payment of the additional outstanding amount.

For more information on VAT, import and tax duties prices please see our Q&A;
https://www.essentialphoto.co.uk/pages/faqs/

For more information on our privacy policy, please see the link below;
https://www.essentialphoto.co.uk/privacy-and-cookie-policy/

 

5. Your Status

In placing an Order through our website or through credit account, you warrant that you are legally capable of entering into a binding contract, and that you are ordering for and on behalf of your business. We only sell Goods and Services to business customers.

 

6. The Contract

1. For orders placed on the website, phone order, credit account etc, the Contract shall be formed when we dispatch the Goods.
2. For the avoidance of doubt, the Contract will only be formed in relation to those Goods that we have confirmed are available for delivery in the delivery note. We will not be obliged to supply anything comprised in your Order until we have either dispatched the Goods or sent you a delivery note.
3. Where Goods ordered are out of stock or no longer available, we will inform you.

 
7. Product / Service Specification 

1. Some of the products shown in the Company’s catalogue or on the website may vary slightly on delivery if the Company’s suppliers alter the product specification after catalogue printing or publication on the website. In the event of the product being unsuitable following such alteration, the Company will supply the Customer with a suitable alternative, if such an item is currently in stock.
2. All Goods are subject to availability.
3. All illustrations, colours, dimensions, weights and capacities given are intended merely to present a general idea of the Goods and Services described and none of these shall form part of the Contract. Goods described in the catalogue and on the website, although often of a standard design, are subject to the Company’s policy of continuous improvement and the Company reserve the right to incorporate changes or make substitutions without prior notice.
     

8. Special Orders

1. Where the Customer places an Order that is not capable of being placed using the catalogue or website (due to the quantity ordered, price of the Goods, unusual specifications of the products, etc.) it shall be deemed a “Special Order”. All Special Orders placed by the Customer shall be confirmed by the Company in writing showing prices, quantity and printing details. Any amendments to Special Orders must be notified by the Customer immediately on receipt of the Company’s confirmation, by telephone, and confirmed in writing on the same day. Payment for Special Orders shall be made at the time of placing the Order. Special Orders are non-cancellable.
2. Made to Order/Bespoke Items
   1. Items that are manufactured to order or tailor made are considered as special order. Payment for Special Orders shall be made at the time of placing the Order. Special Orders are non-cancellable. These products include, but are not limited to, all custom printed products.

 

9. Returns and cancellation policy

You have the right to cancel an order within 28 days without giving any reason. The cancellation period will expire after 28 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good. To exercise the right to cancel, you must inform PiXAPRO Ltd/EssentialPhoto & Video of your decision to cancel this by a clear statement (e.g. an e-mail or a letter sent by post).

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

9.1. Effects of cancellation:

If you cancel, we will reimburse to you any payments received from you up to the total of the items cancelled, this does not include the costs of delivery should the goods be dispatched. We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement without undue delay, and not later than –

(a) 28 days after the day we receive back from you any goods supplied, or

(b) (if earlier) 28 days after the day you provide evidence that you have returned the goods, or

(c) If there were no goods supplied, 28 days after the day on which we are informed about your decision to cancel this contract.

We will make the reimbursement using the same means of payment as you used for the initial transaction. We may withhold reimbursement until we have received the goods back to our warehouse and checked by our team.

You shall send back the goods or hand them over to us without undue delay and in any event not later than 28 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 28 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

9.2. International Returns: 

Please note, for all International orders that are returned to us within the 28 day return period, whilst we are able to refund the price of the order if applicable, unfortunately the cost for any import duty and tax is not refundable.

9.3. Pre-Loved & Clearance Products: 

From 6th December 2022, all of the Pre-Loved and Clearance Products on EssentialPhoto.co.uk will receive a 14 Day Returns Policy. Buyers are entitled to cancel the order and return the goods within 14 days for a full refund of the purchase price of the goods. Please be aware any missing original packaging, or damage to the item(s) returned may result in the amount due to be refunded being affected.

9.4 Returning After 28 Days:

We have a strict 28-day return policy which cannot be overturned due to our system not allowing any returns beyond this period. Any returns after this time will not be accepted for a refund or an exchange.

For any returns which come back without authorisation, or a return case already opened, they will remain in an unidentified pile for 3 months. During this time, you may pick the goods back up or arrange for a courier to collect these and have them re-delivered to you. If the goods are still with us after 3 months, they will be moved to a disposal pile.

Any returns which come back to us within the 28 day returns period but without a prior authorised return ticket will be contacted by a member of our team (providing that we are able to identify the return and who it belongs to) and if we do not receive further instructions before your 28 days expire, the returned goods will automatically be applied as credit on your account to be redeemed against a future order.

 

10. Returns: Requesting a video/photo.

When you experience an issue with your item, our customer team may ask for a video or photo to help with the case. This is required so that our customer support team are able to open a case log for you. This case log then also gets passed across to our trained technician team who will pick up the case and look into your issue for you. This allows each case to be dealt with individually and be given the time and expertise it deserves.

If a warranty return is needed, then the case log which includes the video/picture will help to speed up the process of the investigation from the technicians when they receive the original item. Sometimes, on some occasions it may be that when the unit is returned back to us, the technicians cannot find the same fault, the unit suddenly starts acting differently to first reported, or the same sequence of events of the issue may not occur. Therefore, if the technician does have the video, it will help the technicians have more flexibility when issuing the final report on how the case needs to be resolved.

Please note, on some occasions, if a video or photo request if denied, this will mean the unit will undergo thorough checks in order to understand the issue you are having which can cause delays to the turnaround of the returns case.

 

11. Incorrect Items

We do everything possible to try and minimise the risk of incorrect items being dispatched out to our customers however, sometimes mistakes do happen and it is our utmost priority to try and resolve this in the quickest, most efficient way possible.

If an incorrect item has been received then we do request that this is notified to us within the first 14 days of receiving the item. If this is reported after this time, we may not be able to carry out the necessary internal investigations in order to get this resolved. Therefore, the case may be closed.

We then request for the incorrect item to be returned to our warehouse within the first 28 days of purchase. If an incorrect item is reported then please kindly note that we must receive the original item back in our warehouse before we are able to be able to authorise and issue a replacement for the item. 

 

12. Availability, Delivery and Additional charges

1. We will endeavour to deliver worldwide. However, from time to time restrictions may be placed upon accepting Orders from specific countries. You should contact us prior to placing an Order if you think this may apply to you.
2. If you are situated outside the UK, there may be additional charges including import duties and taxes payable on your Order. You will be responsible for all such charges. You should contact your local customs office for further information. We accept no liability for such charges or loss resulting from failed delivery as a result of non-payment of any such charges.
3. Any dates or times for delivery of Goods or Services quoted by the Company are estimates only and the Company shall not be liable for any costs, charges or expenses incurred as a result of any delay or loss or damage occurring through any failure or liability to meet such date.
4. Goods shall be deemed delivered when they are made available to the Customer at the Customer’s place of home, business or any other place specified by the Customer in the Order.
5. If the Customer fails to take delivery of the Goods ordered by them on the date agreed (or at all) they shall be liable to the Company for any loss occasioned by such failure or refusal and for any charges thereby incurred by the Company and for a reasonable charge by the Company for the care and custody of the Goods.
6. The Company reserves the right to deliver the Goods by instalments and in such event every such instalment shall be treated as a separate Contract. Further instalments may be withheld until the Goods comprised in earlier instalments have been paid for in full. No cancellation or termination of any one instalment shall entitle the Customer to cancel or terminate any other instalment.

For more information on our delivery services, please follow the link below;
https://www.essentialphoto.co.uk/delivery-information/

a. Please note, once an order has been placed, the address will no longer be able to be amended due to security reasons. We would recommend checking your Billing/Delivery address thoroughly before placing the order to ensure this is correct. If you do notice that the address is incorrect, then you can contact us before the order has been dispatched for the order to be cancelled and then you can re-place your order with the correct address.

If you notice that this is going to the incorrect address after this has been shipped out then unfortunately, this can’t be altered however, you can contact the courier to request a return to sender. Once the package is returned to us, you will then be required to pay the postage fee again to get this dispatched to the correct address.

b. Please be aware, when the safe place option is selected, this is not something which is done by us but it is done via the chosen courier. The courier does state that any safe place requests are left at the customers own risk. Therefore, as this is something which is set up externally to us, we are unable to take any responsibility for any loss or damage which may result from the package being left in the requested safe place.

c. Please note, if an item is classed as a large item, we cannot guarantee Next Working Day Delivery, Express Delivery or Timed Delivery. Please note, large items may be delayed while being processed by the courier company and due to this, we would be unable to refund any postage paid due to a delivery delay. This includes UK and International deliveries.

d. Please be aware that some of our products are too large for our regular courier, this means that we will have to use an alternative courier in order to deliver your item at an additional shipping charge. This charge will be taken after purchase and will be required to send your item out. We will contact you before dispatching your order. This service can take up to 48 hours and is not available on Saturdays or timed deliveries.

e. Please note, timed and next day services are not available to Scottish Highlands or Scottish Islands. Please do not select a timed or next day service if you are in any of the following postcodes:

Scottish Highlands- FK17-21, IV1-39, IV52-54, IV63, KW1-14, PA21-40 (excluding PA38), PH19-26, PH30-41, PH49-50

Scottish Islands - HS1-9, IV40-51, IV55-56, KA27-28, KW15-17, PA20, PA38, PA41-49, PA60-78, PH42-44, ZE1-3

Our express and standard service are both unaffected.

Please be aware, if your order is returned to sender due to failed delivery attempts, incorrect address or failure to pick up from a pickup shop, the postage to send the goods out again will be charged at the standard rate depending on your chosen delivery option. The postage payment will be required before the goods can be re-dispatched to your chosen delivery address.

 

13. Missing, Lost or D.O.A Item

Please check all packages as soon as these have been delivered immediately and confirm all items have been received. If you have not received your order or received your package but one or more items are missing please contact us immediately, or within at least 7 days of receiving your order. For missing items, should there be any delay with contacting us, it will effect the success of any investigations that we will have to undergo and may invalidate the missing item claim.

If you have contacted us after 7 days of receiving your order we will unable to investigate. For non delivered items or items that are showing delivered but have not been received, this will require investigation with the courier. Please contact us immediately as the likelihood of locating your item is reduced the later this investigation is started.

Please note for any items which are "dead on arrival" or damaged during transit, we will need to be notified about this within the first 14 days of receiving your parcel. If this is not reported back to us during this time, we will be unable to carry out appropriate investigations. Therefore, we would recommend checking and testing all items as quickly as possible so if on the rare occasion anything does seem to be wrong, we can start an investigation and get it resolved as soon as possible.

Any items which have not been received within 7 days of dispatch must be reported to us within this time in order for us to carry out appropriate investigations to be able to get this resolved. Contacting us after the 7 days may result in us being unable to investigate which unfortunately may mean we are unable to refund our replace the missing items. We would always recommend keeping an eye on your tracking information and if anything seems to be out of the ordinary then please speak with our customer services immediately so we can find out the cause of the delay. We would recommend allowing up to 3 working days for standard delivery and 2 working days for express. If it is now past this estimated delivery time, please get in touch straight away so we can get this resolved.

Orders placed over the Christmas Closedown Period will be dispatched in the New Year once we have re-opened. 

 

14. Title and Risk

1. Risk in the Goods shall pass to the Customer from the time of delivery or deemed delivery.

2. Ownership in the Goods shall not pass until the Company’s invoice has been paid in full (in cash or cleared funds) in respect of;

(a) the Goods or Services; and

(b) all other sums that are or may become due to the Company from the Customer.

3. Until ownership of the Goods has passed to the Customer, the Customer shall:

(a) hold the Goods on a fiduciary basis as the Company’s bailee;

(b) store the Goods (at no cost to the Company) separately from all other goods and items it holds so that they are readily identifiable as property of the Company;

(c) maintain the Goods in satisfactory condition and keep them insured on the Company’s behalf for their full price against all risks, producing such policy to the Company if the Company so requests.

4. Until ownership has passed the Customer shall be entitled to resell or use the Goods in the ordinary course of its business, but shall hold the proceeds of sale of Goods and the proceeds of any insurance claim on trust for the Company and shall keep all such proceeds separate from any monies or property of the Customer and third parties in a separate bank account clearly denoted as an account containing monies deposited for the benefit of the Company by the Customer acting in a fiduciary capacity.

5. The Customer’s right to possession of the Goods shall terminate immediately, and all monies owing by the Customer in respect of Goods delivered but not paid for shall immediately become due if:

(a) the Customer is adjudged insolvent; bankrupt; makes an arrangement with creditors or otherwise takes the benefit of any statutory provision for the time being in force for the relief of insolvent debtors; or (if a body corporate) convenes a meeting of creditors or enters into liquidation whether voluntary or compulsory (except a solvent voluntary liquidation for the purposes of reconstruction or amalgamation), or has a receiver or manager, administrator, administrative receiver appointed of its undertaking or any part thereof, or documents are filed with the court for the appointment of an administrator of the Customer or notice of intention to appoint an administrator is  given  by the  Customer or its  directors or by a qualifying  floating charge holder (as defined in paragraph 14 of Schedule B1 of the Insolvency Act 1986), or a resolution is passed or a petition presented to the court for the winding-up of the Customer or for the granting of an administration order in respect of  the Customer, or any proceedings are commenced relating to the insolvency or possible insolvency of the Customer; or

(b) the Customer suffers or allows any execution, whether legal or equitable, to be levied on his/its property or obtained against him/it, or fails to observe or perform any of his/its obligations under the Contract or any other contract between the Company and the Customer, or is unable to pay its debts within the meaning of section of 123 of the Insolvency Act 1986 or the Customer ceases to trade; or

 (c) the Customer encumbers or in any way charges any of the Goods.

6. The Customer grants the Company, and all persons authorised by it, an irrevocable licence to enter during normal business hours upon the premises where the Goods are stored in order to recover the Goods if the Customer’s right to possession is terminated.

7. On termination of the Contract, the Company’s rights under these Terms and Conditions shall remain in effect.
    

15. Credit Accounts

Credit accounts may be granted to (and withdrawn from) the Customer at the Company’s sole discretion on the following conditions: 

(a) Formal application in writing for a credit account shall be made by the Customer to the Company before any Goods are ordered on credit. Finance account form must be completed.

(b) Two satisfactory trade references and a Bank reference shall be furnished to the Company by the Customer on or before application for such credit account.

(c) The Company reserves the right to request three pro forma transactions before a credit account is opened.

(d) Failure to pay or late payment will result in an account strike

(d) The Company reserves the right to withdraw credit facilities or to close a credit account at the Company's sole discretion, without cause, or if any of the Terms and Conditions are not strictly complied with, or, in the Company’s opinion an insufficient amount of business is transacted within a reasonable period of time.
 

16. Prices

1. The prices set out in our most current catalogue and website are subject to change and the Company reserves the right to increase the price at any time between submission of your Order and delivery. Changes will not affect Goods/Services for which we have already sent you a delivery note.

2. If in the unlikely event that a product or service on our website or in our catalogue is incorrectly priced, we shall inform you of the correct price prior to delivery.

3. Payment for all Orders must be made by payment methods display at the checkout unless we have agreed that the Customer may open a credit account with us. We do not accept payment by Cheque.
4. Where a credit account has been opened the Company’s invoice shall be paid in full in pounds sterling within 30 days of the date of the invoice unless otherwise agreed by the Company in writing. Under no circumstances shall the Customer withhold payment for reason of (but not limited to) set-off, counterclaim or deduction.
5. All prices are published inclusive of any value added tax and exclusive costs of delivery, packaging, insurance and any other charges that may occur. The Customer shall pay any such costs, taxes or charges in addition to the cost of the Goods which shall be included in the Company’s invoice.

6. Time for payment shall be of the essence.

7. If the Company’s invoice is not paid in full by the date specified in clause 14.4, the Customer shall be liable to pay interest to the Company on such sums from the due date for payment at an annual rate of 2% above the base rate of HSBC and Lloyds Banks (or other UK clearing bank as may be notified to the Customer by the Company) accruing on a daily basis until payment is made, whether before or after any judgment.
8. The Company additionally reserves the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.
    

16. Offer and Discount Terms

All discount codes and offers, unless stated otherwise, apply to full-priced new items online only and will not apply to clearance stock, pre-loved products, or items with pre-applied discounts. Repeat order codes and standard welcome codes also do not apply to gift cards, extended warranties, MagMod or KNOWLED products.

Discount codes will not stack, including rewards points codes, meaning only one can be used at any time at the checkout, with most codes also being redeemable once. Fixed value discount vouchers cannot be exchanged for cash value.

Expiry dates on codes and sales are final, and discounts cannot be used or applied to orders after expiry, and codes cannot be retroactively applied to orders if made without applying the code. Please check the individual terms for the sale or code provided. This also includes any discounts applied to products on listings. No part refunds can be issued if an order is not placed at the time of an active sale.

If you are having trouble with your discount code or would like the full terms and conditions for the specific sale or discount that you are shopping with, please contact our team at info@essentialphoto.co.uk.

 

17. Prize Draws

Reviews made on chosen review platforms between specified dates will be entered into a prize draw to win a £250 voucher comprised of rewards points for their EssentialPhoto account.

1. Winners will be chosen at random and the prize draw will include all reviews made during the set timeframe.
2. Winners will be contacted by updating the reply to the review
3. Rewards points can be gifted to a registered account only. If the winner has no account, 14 days will be given for an account to be made before a new winner will be chosen.
4. Rewards points expire 6 months after being applied to an account, and so must be used within this timeframe.
5. Points can only be gifted and redeemed via www.essentialphoto.co.uk
6. Rewards points can be redeemed as needed towards different orders by redeeming a portion of the points to create a code.
7. Points codes cannot be stacked on top of other codes or discounts on an order.
8. If the chosen winner does not contact us or reply within 14 days of being notified of winning, a new winner will be chosen to receive the prize.
9. Please see here for how to redeem EssentialPhoto rewards points: https://www.essentialphoto.co.uk/blogs/news/how-to-redeem-your-rewards-points

18. Gift Cards

Gift cards cannot be exchanged for a cash value. Please note, all gift cards will be valid for 1 year from the date of purchase (starting 1st December 2022). Once this time period has ended, the Gift Card will no longer be applicable to orders on EssentialPhoto.co.uk

 

19. Reward Points

Please note, all Reward Points will be valid for a period of 6 months from the date of the original order (starting 1^st December 2022). Once this time period has ended, the points will automatically be removed from your account and will no longer be valid on EssentialPhoto.co.uk.

a) Reward Points can only be claimed on orders over £60 in value before discount.

b) Rewards Points cannot be used in conjunction with any other discount or offer. 

1. Rewards can only be redeemed in intervals of £1, or 300 points. Codes can only be used via the account that redeemed them. 
2. Points for Reviews: Reviews must be placed via your account at EssentialPhoto.co.uk, on products that have been purchased. Reviews on other platforms or products not purchased via your account will not grant rewards points. 
3. Refer a Friend: Referrals can only be made to new customers who have not yet registered an EssentialPhoto account. Referred customers must place an order with the value over £100 within 30 days of registering to receive the £15 discount, and for the original customer to receive rewards points. £15 referral discount can only be applied to non-sale items. 

 

20. 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 the form below:
Online Contact Form

All complaints are taken seriously and will be investigated as soon as they are brought to our notice. Rest assured, a member of the correct department will get back to you as soon as possible to help get your issue resolved for you. Please note, when contacting our team by telephone, they will request for you to fill in a complaints form, for this to be emailed to the correct department.

 

21. Content

Links which are not under the control of PiXAPRO LTD/EssentialPhoto & Video and result in you leaving the PiXAPRO LTD/EssentialPhoto & Video site are under no control of PiXAPRO/EssentialPhoto & Video and we cannot be held responsible or liability for the material on any site, even if this results in any damage or loss of any kind.

 

22. Copyright

This Website is owned, controlled or licensed by PiXAPRO LTD/EssentialPhoto & Video and 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.

 

23. Warranty on sale of new and used product

(a) you give us notice in writing within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 15.1;

(b) we are given a reasonable opportunity of examining the Goods; and

(c) if we ask you to do so, you return the Goods to us at your cost,we will, at our discretion, repair or replace the defective Goods.
 

3. The warranty is given by the Company subject to the following conditions:

(a) the Company shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the Company’s or manufacturer’s instructions (whether verbal or in writing), misuse or alteration or repair of the Goods without the Company’s approval:

(b) the Company shall be under no liability (or any other warranty, condition or guarantee) if the total price of the Goods has not been paid by the due date for payment as specified on the Company’s invoice.

(c) except as expressly stated in these Terms and Conditions, we do not give any representations, warranties or undertakings in relation to the Goods. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Goods are suitable for your purposes.

4. The Company shall not be liable to the Customer for any claims for indirect or consequential loss whatsoever including without limitation loss of profit or loss of goodwill.

In the event that you need to make a claim under a warranty, please contact our support team who will be able to assist you with processing your claim. 

24. Limitation of liability

1. We make no warranties (express or implied) in relation to the accuracy of content on the Website. The Web Site is provided on a “as seen” basis without any representations. This includes any transaction that may be conducted on or through the Website and any Implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
2. We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free. All errors will be corrected as quick as possible. Please note, we also cannot promise that the Web Site or the server is completely free of viruses or bugs. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
3. 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 offered for sale on the Website. This does not affect your statutory rights as a consumer.
4. We will not be liable for any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, any special or indirect losses suffered or incurred under this Agreement.
5. We will not be held responsible for any loss or damage which occurs due to following; insufficient or improper packing, labelling, or addressing, including incorrect or missing postcode information. All of these factors are considered the customers own responsibility.

 

25. Resellers and distributor

1. On account of the technical nature of the Goods, and in order to maintain the prestigious image of the Goods and the Company’s reputation, the Customer shall not offer any Goods for sale through third party online platforms (such as Amazon or eBay) without the Company’s prior written consent.
2. The Customer may list the Goods for sale on the Customer’s own website, subject to prior written agreement with the Company and in compliance with the Company’s written instructions as to content, images, description and the range of Goods which may be sold.
3. Such listings shall be subject to the Company’s final approval, and the Customer agrees to update such listings in accordance with the reasonable instructions of the Company from time to time (which for the purposes of these Terms and Conditions may include any online sales guidelines, brand/style guidelines or other written instructions).
4. The Company may cease the supply of Goods and terminate the Customer’s rights set out in this clause and these Terms and Conditions if the Customer fails to comply with these Terms and Conditions, any reasonable instructions of the Company from time to time or otherwise behaves in a manner which is detrimental to the reputation and brand of the Company or the Goods (including in the event of adverse publicity caused by the Customer’s poor service or bad packaging).

 

26. Pre-release orders (Pre-orders)

Pre-released orders (“Pre-orders”) are orders for products that are not yet available for sale on EssentialPhoto.co.uk.

The availability of the item will be displayed on each listing under the title, this will include information on whether the product is in stock and if not, if it is available to pre-order. Should an item be available to pre-order this will be displayed in the availability section and also as a pre-order button.

In order to place a Pre-order you will need to provide certain information, including but not limited to your name, address and billing information, payment will be required at the time of placing the pre-order, not when the item is available. It is your responsibility to make sure this information is accurate and up to date. If we do not have accurate information, we will not be able to inform you when the Pre-order is available for purchase or refund any Pre-order payments, if applicable.

When placing a pre-order you will be informed of this including an estimate date on when the item is expected back in stock. Release dates are decided by the manufacturers and are subject to change. As a result, we cannot be liable for any changes to Release dates or Pre-order windows advertised by Us.

Either you or EssentialPhoto & Video may cancel a Pre-order at any time for any or no reason prior to our notice to you that the Product has been despatched. If cancellation occurs before the Despatch Notice, you will be entitled to a full refund of your Pre-order Payment.

 

27. Used, Ex Demo or Pre-Loved.

Used, Ex Demo, Pre-Loved items will not be included as part of the normal PIXAPRO warranty. For items that are £50 and above these will include a 3-month warranty.

As New - Not used as new but may be missingpackaging.

Excellent - Removed from packaging once or twice, may have worn, soiled or missing packaging.

Good - Used condition but in good condition, may show slight signs of wear and tear but in good working order. May have worn, soiled or missing packaging.

Ok - Used condition, may show signs of wear and tear, including damages or loss of certain functions, missing items. May have worn, soiled or missing packaging. (please see description for more info)

We will not be eligible for the return cost of any Used, Ex Demo or Refurbished items.

Please Note: We do not have a buying service for Used, Ex Demo or Pre-Loved products, these are only sold by PIXAPRO and go through strict quality checks before selling.

 

28. International Bank Transfer

Should an order be paid through bank transfer, the amount received must match the amount on the invoice. All of our prices will be in pound sterling, the conversion price listed will be an estimate only. The price of this will be determined by your bank going by the current exchange rate at that time. If the amount does not match the invoice amount, this may cause delays in shipping your item out.

When making international bank transfer a payment may be required by your bank in order to exchange the amount, also known as an admin charge. Any charges by your bank will have to be paid by yourself and will not be included as part of the total invoice amount. This may be taken off the total amount by your bank, in this case you will need to get in contact with your bank prior to sending the amount to confirm the admin charge will not be taken off the total amount sent.

Please be aware if you return your items, then the exchange rate will also apply depending on the spot currency exchange rate when it comes down to your refund, this may be less than the initial payment amount. We will not be responsible to cover any loss of refund amount should you wish to refund the order.

Please be aware that there may be a clearing time for the payment to hit our account, until this happens, we cannot dispatch any orders. We would recommend checking with your bank to see how long payments usually take to clear.

 

29. Matters beyond our control

We will not be held liable for any breach of this Agreement caused by any damage, deterioration or malfunction resulting from any alteration, modification, improper or unreasonable use or maintenance, misuse, abuse, accident, neglect, exposure to excess moisture, flood, fire, improper packing and shipping (such claims must be presented to the carrier), lightning, power surges, or other acts of nature

Please be aware, when the safe place option is selected, this is not something which is done by us but it is done via the chosen courier. The courier does state that any safe place requests are left at the customers own risk. Therefore, as this is something which is set up externally to us, we are unable to take any responsibility for any loss or damage which may result from the package being left in the requested safe place.

 

30. Other terms

1. Indemnity: PiXAPRO LTD/EssentialPhoto & Video (including offices, directors, employees, agents and suppliers) will not be held responsible, against any claims which may have resulted in liability, damages, losses, costs and expenses, including reasonable legal fees. This includes by any other person accessing the Website using your shopping account and/or your personal information.

 

31. General Provisions

1. No clerical error in any documentation relating to any transaction shall entitle the Customer to reject the Goods which are the subject of that transaction.
2. All notices or written communications shall be deemed to be delivered to the Customer two days after the date of posting addressed to the Customer at the last address of the Customer known to the Company.
3. In the event of any dispute in connection with the Terms and Conditions leading to legal proceedings in the County Court, the Court of Jurisdiction shall be the Black Country County Court.
4. Every contract to which the Terms and Conditions shall apply shall be construed and governed by English law and subject to the jurisdiction of the English Courts.

5 (a) Failure by Us to insist upon strict performance of any of your obligations under the Contract, or failure by Us to exercise any of the rights or remedies available to Us at any time shall not constitute a waiver of such rights or obligations.

5 (b) No waiver by Us of any term shall be valid unless communicated to you in writing

6. If any of these Terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the extent permitted by law.
7. We intend to reply upon these Terms and Conditions and any documents expressly referred to in them in relation to our Contract with you. Any variations will be confirmed by Us in writing.

 

Mobile Terms of Service

Last updated: Oct. 6, 2023

The Essential Photo mobile message service (the "Service") is operated by Essential Photo (“Essential Photo”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to EssentialPhoto & Video SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of EssentialPhoto & Video through your wireless provider to the mobile number you provided, even if your mobile number is registered on any Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this programme in order to make any purchases, and your consent is not a condition of any purchase with EssentialPhoto & Video. Your participation in this programme is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to +44 7400 042849 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other EssentialPhoto & Video mobile message programmes and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to +44 7400 042849 or email info@essentialphoto.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honouring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the programme with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.