1. Use of this website, or any other websites or services operated by PiXAPRO LTD/EssentilaPhoto 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 ("we" or "us") in relation to the products and services owned by us (“PiXAPRO LTD/EssentialPhoto”).
2. You agree to provide true and accurate information about you when creating an account with PiXAPRO/EssentialPhoto and agree to update your provided information with us to keep it accurate. Failure to do this may result in PiXAPRO LTD/EssentialPhoto the right to suspend or terminate your account and refuse you any current or future use of the PiXAPRO LTD/EssentialPhoto 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.
EssentialPhoto 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. 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 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;
4. Returns and cancellation policy
You have the right to cancel an order within 14 days without giving any reason. The cancellation period will expire after 14 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 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. 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) 14 days after the day we receive back from you any goods supplied, or
(b) (if earlier) 14 days after the day you provide evidence that you have returned the goods, or
(c) If there were no goods supplied, 14 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 14 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 14 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.
Made to Order/Bespoke Items
Items that are manufactured to order or tailor made cannot be returned or exchanged unless they are faulty. These products include, but are not limited to, all custom printed products.
For more information on our delivery services, please follow the link below;
6. 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:
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.
Links which are not under the control of PiXAPRO LTD/EssentialPhoto and result in you leaving the PiXAPRO LTD/EssentialPhoto site are under no control of PiXAPRO/EssentialPhoto 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.
8. 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.
This Website is owned, controlled or licensed by PiXAPRO LTD/EssentialPhoto 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.
10. Warranty on sale of new and used products
In the event that you need to make a claim under a warranty, please contact our support tram team who will be able to assist you with processing your claim.
11. 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 may cancel a Preorder 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.
12. Other terms
1. Indemnity: PiXAPRO LTD/Essentialphoto (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.
2. Severance: If any part of this Agreement is found to be void will not have an affect on the validity/enforceability of any other remaining Agreements.
3. Waiver: No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
4. Survival: Each provision of the Agreement shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
5. Entire agreement: Your statutory rights are not affected by these terms and conditions.
13. 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.
14. 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