Xmas Holliday

Conditions of Use

The following terms and conditions apply to the use of this Website and by accessing this Website and/or placing an order you agree to be bound by the terms and conditions set out below. If you have any questions relating to these terms and conditions please contact us by e-mailing enquiries@metalpix.co.uk.co.uk, or call us on 07792889216 between 9am and 5.00pm Monday to Friday, excluding public holidays.

Copyright notice

Photos Engraved assumes that you the buyer / customer has obtained the necessary copyright permission for all images, photos, logos sent to us for engraving purposes. By continuing through the checkout process with us you agree to indemnify Photos Engraved against all or any legal actions should it arise from any copyright infringement.

Definitions
"Conditions" means these terms and conditions. "Cookies" means small text files which our Website places on your computer's hard drive to store information about your shopping session and to identify your computer. "United Kingdom" means England, Wales, Scotland, Northern Ireland and the Channel Islands.

Use of the website
You are provided with access to this Website in accordance with these Conditions and any orders you place must be placed in accordance with these Conditions. You warrant that: The information which you provide when registering as a customer is true, accurate and complete and you will notify us immediately of any changes to the information by e-mailing sales@metalpix.co.uk.co.uk You agree not to impersonate or use a false or unauthorised name. You agree to indemnify us our officers, employees, and suppliers from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising from any breach of these Conditions by you or any other person accessing the Website using your information.

Our rights
We reserve the right to: modify or withdraw, temporarily or permanently, this Website (or any part thereof) or to amend these Conditions with or without notice to you. You confirm that we shall not be liable for any modification to or withdrawal of the Website and/or the Conditions, and your continued use of the Website (or any part thereof) following such modification shall be deemed to be your acceptance of such. It is your responsibility to check regularly to determine whether the Conditions have been changed. If You do not agree to any change or modification to the Conditions you must immediately stop using the Website.

Third party links
We may provide links to other websites or resources. You acknowledge and agree that if you choose to enter any such linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for
(i) the privacy practices of such websites,
(ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.

Purchase Orders
You can place an order by following the website instructions. We will then send an email to acknowledge receipt of your order (not a confirmation or acceptance). We then examine your order and either 1) complete it by delivery (in most cases within 7 working days), or 2) contact you regarding any product discrepancies. The order acceptance and completion of the contract between you and us will take place on dispatch of the products ordered. There may be cases where we have notified you that we are unable to accept your order (for example, the product ordered may be unavailable from stock; an inability to obtain authorisation for your payment; the identification of a pricing or product description error) or you may have cancelled it as provided for in the cancellation and Returns sections below. Any such contract will be deemed concluded in English in the United Kingdom.

Descriptions
We will take all reasonable care to ensure that all details, descriptions and prices of products appearing on the website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information including product descriptions on this Website may not always be absolutely correct at the precise moment of placing an order. We cannot confirm the price of a product until your order is accepted. If we discover a discrepancy in the price we will inform you as soon as possible and give you the option of re-confirming your order at the correct price or cancelling it. If you decide to cancel and have already paid for the goods you will receive a refund in full. We try to ensure that each product has the correct pricing, information and availability, but we do not guarantee that when you place an order stock will be reserved. In the unlikely event of you purchasing an out of stock item we will contact you as soon as possible with all available options.

Payment
Our payment provider is PayPal who are solely responsible for all payment/credit issues and related correspondence. Visit www.paypal.co.uk for details. PayPal utilise a secure server and its payment system uses a combination of both established and innovative techniques to ensure the security and integrity of all sensitive data. In adition PayPal's public web servers are certified by Thawte, a publicly Certificated Authority, ensuring that noone can impersonate PayPal to obtain confidential information. Any communication between you and PayPal is also encrypted to the maximum strength supported by your browser using 128 Bit SSL. Data storage on PayPal systems, and the communication between {ayPal and the worldwide banking networks, is regularly audited by the banking authorities to ensure a secure transaction environment.

Cancellations
In accordance with the UK Distance Selling Regulations, you are entitled to cancel this contract within seven working days, commencing the day following delivery of your order. If you wish to cancel this contract after your order has already been dispatched please follow the procedure set out in our returns procedure below. You will not be charged for the initial delivery costs but must pay for the costs of returning the Products to us. Refunds will only be made once the returned items are received by us. Please note that your right to return products does not apply to any items which have been engraved or personalised at your request. This does not apply to personalised items.

Returns
To return an item: If you are not completely satisfied with your purchase please notify us by email at customerservice@metalpix.co.uk within 10 days of delivery. We will then reply with return instructions. You will need to repackage the product(s) in their original boxes along with the dispatch note (or order acknowledgement) stating the reason for the return. In the case of a defective product, please provide a full description of the fault. Please make sure you wrap the package securely and label the package(s) with our address. If the goods are returned due to our error or are faulty, we will replace where possible or refund the cost in full including delivery. If the goods are returned for any other reason, we will only refund the purchase price paid for the goods excluding the original delivery costs and you will need to pay for the return delivery costs. If a non-faulty product returned is not in fully resaleable condition or the packaging is damaged, we reserve the right to refuse a refund on the item. Refunds will only be made once the returned Products are received by us. Please note, items purchased from the website can only be returned directly to our returns address. This returns policy does not affect your statutory rights.

Delivery
Delivery cost is specified on the website up to a maximum of £7.50 per order for deliveries within the UK mainland (Unless your chosen postage method is Royal Mail Special Delivery (Next Day) in which case further costs may apply depending on the weight and value of your order). Delivery will normally be made within 2-8 working days of receipt of your order. We shall not be liable for any loss, damage or expense arising from any delay in delivery from any cause whatsoever. We may deliver the goods by instalments each of which shall be deemed to be the subject of a separate contract and, unless otherwise agreed in writing, no failure by us in any one or more instalments shall entitle you to repudiate any contract for goods previously delivered or to refuse to accept any undelivered goods.

General
The website may be used only for lawful purposes. You agree to comply with all pertinent laws, statutes and regulations regarding your use of the website and any related transactions. You acknowledge and agree that all copyright, trademarks, logos and service marks (where applicable) and all other intellectual property rights in all material or content supplied as part of the website shall remain our or our licensors property. You are permitted to use this material only if expressly authorised by us or our licensors. 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 (to make a Purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the content of the website is prohibited. You agree not to (or assist a third party to) copy, transmit, publish, display, distribute, modify or exploit any such content.
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 the Website.

Guarantee
We require high standards from our suppliers and will therefore, at our own cost, within a reasonable time make good any loss by replacing or, at our discretion, giving credit for the invoice value of any goods (other than goods supplied as sale, promotion or not of first quality) in which any defect in materials or workmanship is shown to have existed at the time of dispatch provided that we receive written notice from you of the defect when first apparent and in any event within 10 days of receipt. We reserve the right to assign to you (without affecting your statutory rights) any warranty given by the manufacturer or supplier of such products. We are not liable for: 1) any goods which after delivery have been incorrectly handling stored or suffered any misuse or accident; 2) any discrepancy which results from any inaccurate or incomplete information, details or materials supplied by or for you; or 3) any goods where the customer has defaulted in making payment or is in breach of any contractual obligations. Except as provided in these conditions or otherwise we make no guarantee or warranty and accept no liability, express or implied, for any life or wear of any goods or their quality or suitability for any particular purpose or use under specific conditions (whether or not known to us) and it is your sole responsibility to ensure that the goods will meet with your requirements. We use our best endevours to verify the accuracy of any information on the website, but make no warranties as to its accuracy. We make no representations, endorsements or warranties of any kind whether express or implied, in relation to the website and content. We do not guarantee or warrant that any advice, opinion or other information available to you on our website is accurate, error free or free from viruses. We accept no liability for any unauthorised access to, theft or destruction of information or data.

Price Promise
Buy from us confident in the knowledge that our prices are the lowest available on or offline. If you can show that an identical purchase is offered for sale cheaper elsewhere by a genuine retailer as a regular instock line within 21 days we'll refund the difference

Extent of liability
Except as stated in these conditions neither we nor any of our agents, contractors, subcontractors, or distributors, nor any of our or their directors, officers, partners or employees shall have any obligation or liability in law (including negligence or breach of statutory duty) or otherwise howsoever under or in connection with the use of the Website or any contract for the sale of any goods other than, in the case of any of the foregoing persons, for death or personal injury resulting from its or his negligence or for fraud on its part or on the part of any of its directors, officers or employees whilst acting in the course of their duties or employment; and neither we nor any of the other foregoing persons shall have any liability whether in contract, tort or otherwise for any consequential loss or damage suffered, directly or indirectly, by you or any third party arising from the use of the website or under or in connection with any contract for the sale of any goods, including but not limited to wasted time or expenditure, loss of profits, production, business revenue, expected savings or goodwill or any claim against you by any persons. Subject to those liabilities specified above relating to death or personal injury caused by negligence, our liability under or in connection with any contract for the sale of any goods shall in no circumstances exceed their invoice value. Except for death or personal injury caused by negligence on our part, we shall be discharged of all liability to which these conditions apply unless proceedings are begun within twelve (12) months after the customer became aware (or should reasonably have become aware) of the facts giving rise to such liability. Nothing in these conditions shall affect the statutory rights of a customer who is a consumer as defined in Section 2(1) of the Consumer Protection from Unfair Trading Regulations 2008.

Severance Waiver Survival Law
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions. No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision. Each provision of the Conditions 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. These Conditions govern our relationship with You. You confirm that, in agreeing to accept the Conditions, You have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and You agree that You shall have no remedy in respect of any representation. Your Statutory Rights are not affected by these terms and conditions. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions. The Conditions shall be governed by and construed in accordance with the laws of England and You irrevocably submit to the exclusive jurisdiction of the courts of England.

Third Party Rights
These Conditions do not confirm any right enforceable by any third party under or in connection with the use of the Website or any contract for the sale of any goods made through the Website.

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