The Site is created and controlled by Infinity Photography, a trading name of David Springford. Infinity Photography’s office is 51/2 Mortonhall Road, Edinburgh, EH9 2HN.
1. Terms & Conditions of Trading
All purchases made from Infinity Photography will be regulated by these Terms and Conditions, so it is important that you read them thoroughly before making any purchase. Please note that your use of the Site constitutes your agreement to follow and be bound by those terms.
2. Right to Vary Terms & Conditions
Infinity Photography reserves the right to vary these Terms and Conditions at any time, and those that are available on the Site at the time you place an order will be those that apply. We therefore recommend that you check from time to time for any changes/updates.
3. Site Design and Content
Infinity Photography expressly prohibits the use of this site for any activity which is deemed illegal in any jurisdiction.
In connection with the Terms and Conditions, where we refer to 'Content' we mean all images, photographs, text, information, film, video, and sound contained in, or available from the Site. The images and designs used on the Infinity Photography Site, together with all software developed in relation to it, are the property of Infinity Photography. All rights are reserved.
Infinity Photography and the Infinity Photography logo are trademarks of David Springford, trading as Infinity Photography. All rights in these trademarks are reserved. The Site also contains trademarks belonging to third parties, the copyright, trademarks and other rights to which are the property of their respective owners, who in turn reserve all of their rights in respect thereof. You may not use or reproduce any trademarks appearing on the Site for any purpose without the prior agreement of the relevant owner.
Infinity Photography shall not be deemed liable for any personal loss or damage, which may arise from the use of any of the information contained in the Site.
4. Reproduction, Distribution and Modification
Reproduction, Distribution and Modification of any Content is expressly prohibited for any purpose without express written agreement from Infinity Photography or that of the relevant Content owner.
5. Customer and User Privacy and Data Protection
All information provided by you to Infinity Photography will be treated in strict confidence with respect to privacy and according to the terms of the Data Protection Act 1998.
Certain links in the Infinity Photography Site will lead you to other websites. Infinity Photography is not responsible for the content of any third party sites which may be accessed via the website.
You agree to indemnify Infinity Photography and keep Infinity Photography indemnified against any damages, claims, liabilities, losses and expenses arising out of any misuse by you of any part of the web site or information contained therein.
8. The Contract
All orders are subject to acceptance and availability of the goods ordered. Infinity Photography is entitled to refuse any order placed by you. On placing an order, you will receive an email acknowledging receipt of the order. However, no contract will exist between you and Infinity Photography for the sale by us to you of any product unless and until Infinity Photography accepts your order by email confirming that it has dispatched your product. That acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you at the time Infinity Photography sends the email to you (whether or not you receive that email). All contracts shall be deemed to have been formed in Scotland, and shall be subject to these Terms and Conditions.
9. Product Availability
Infinity Photography makes every effort to ensure that all prices and descriptions quoted on the Site or any other medium are correct and accurate. In the event of that an error does occur, Infinity Photography will be entitled to rescind the contract and the extent of Infinity Photography's liability will be the return of any monies you have paid in respect of the order.
10. Product Specification
Infinity Photography makes every effort to supply the goods as shown/advertised, but reserves the right to supply goods subject to minor variations in actual dimensions and specifications. Please Note: COLOUR AND APPEARANCE OF IMAGES, MOUNTS AND FRAMES MAY VARY SLIGHTLY FROM THE WAY THEY APPEAR ON THE SCREEN.
Delivery will be made by a National (or International) Delivery Company. Delivery will be made to the address specified by you when you place your order, unless agreed otherwise by us. Goods will normally be dispatched to you within 10 working days of accepting your order.
Any time or date stated for delivery is an estimate only, and although Infinity Photography makes every effort to dispatch on time, we do not accept any liability whatsoever for failure to deliver within the stated time.
Please note that if you are requiring delivery of goods to an address outwith the European Union you will be responsible for any duties levied in that country.
All Infinity Photography's prices are in British Pounds (GBP). Your payment card will be debited in GBP.
Infinity Photography also accept cheque payment, but will not reserve the goods for you until your cheque has been received. Goods will then be immediately reserved for you and will be dispatched to your requested delivery address after your cheque has cleared. In the unlikely event that by the time your cheque has arrived with Infinity Photography your selected item is out of stock, or is no longer available for whatever reason, Infinity Photography will notify you by email and will return your cheque where possible or provide a full refund.
Infinity Photography retains the right to modify the prices from time to time.
We will debit payment for the goods at the point of dispatch of the first item of your order.
In the case of cheque payment, we will wait for clearance of your cheque before dispatching your order, be it in whole or in parts as goods become ready. For cheque payments, you will be entitled to a full refund if the goods or service are not provided within 30 days. Cards will not be debited until goods are ready for dispatch.
13. Credit card safety
Infinity Photography intends to provide you with the safest and most secure shopping experience possible. The secure payment service providers use the latest technology to protect your credit card information and do not release it to any outside organisation. Orders are placed using secure encryption (the Internet standard for secure transactions).
Under the Consumer Protection (Distance Selling) Regulations 2000, you may cancel your order by sending a notice of cancellation to Customer Services, Infinity Photography, 51/2 Mortonhall Road, Edinburgh, EH9 2HN or by email to firstname.lastname@example.org. Infinity Photography must receive the notice of cancellation within 7 days of the date of delivery of the goods. NB. Orders for products made to your own specification cannot be cancelled.
Infinity Photography will refund any payment you have made as soon as we receive your order to cancel. We will send you an email to let you know that your refund has been processed.
You are under an obligation throughout the cancellation period to retain possession of the goods and take reasonable care of them. You must return the goods to Infinity Photography within 14 days after cancelling your order, and you will be responsible for the cost of returning the goods. Infinity Photography recommends the use of recorded delivery for your protection and peace of mind.
At Infinity Photography we want you to be completely satisfied with your purchases. If for any reason you are unhappy with your goods, you can return them to us for a refund to Customer Services, Infinity Photography, 51/2 Mortonhall Road, Edinburgh, EH9 2HN in their original condition and in their original packaging with the dispatch note, within 14 days of delivery. Please also enclose a note stating the reason for return. Refunds will be made less the cost of delivery (and framing if relevant).
Should goods prove to be defective in any way or have been misrepresented on the site, Infinity Photography will either replace the goods without charge or refund the price of the goods and delivery. Please also enclose a note stating the nature of the defect.
Infinity Photography will send you an email to let you know that your refund has been processed.
Infinity Photography does not accept liability for damage to goods during delivery unless they are notified within 3 working days from the date of delivery. Please notify us by email of the exact details and we will advise you on the next steps.
Delivery is deemed to have taken place when the goods have been delivered to your nominated delivery address, whereupon the risks of loss, breakage and all damages then pass to you.
The foregoing does not affect your statutory rights.
This site and all contents of the site are provided on an "as is" basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge, by your use of the site, that your use of the site is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of the site, and that Infinity Photography shall not be liable for any damages of any kind related to your use of this site.
17. Limitation of Liability
All warranties, conditions and other terms implied by statue or common law are, to the fullest extent permitted by law, excluded. Infinity Photography’s total liability in contract, delict (including negligence or breach of statutory duty), misrepresentation or otherwise, arising in connection with the goods or the supply of the goods shall be limited to the price of the goods, and Infinity Photography shall not be liable to you or any third party for any pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise, in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever and howsoever caused, which arise out of or in connection with the goods and/or the supply of the goods.
18. Intellectual Property
Copyright and Intellectual Property Rights remain with the artist (or other Copyright owner) even after you buy the Original work. Purchase of any product from Infinity Photography does not grant you any right other than that of ownership of the product.
If we fail at any time during the term of the contract between us to insist upon strict performance of any of your obligations under the contract or any of these terms and conditions, or if we fail to exercise any of the rights and remedies to which we are entitled, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations unless expressly stated by us in writing to you to be a waiver.
20. Whole Contract
These Terms and Conditions contain all of the terms governing the contract relationship between you and Infinity Photography and any variation must be explicitly agreed by us in writing. Any advice, recommendation, representation or other information given by us concerning the products, which is not confirmed in writing is given on an informal basis and shall not form part of the relationship between us.
If any provision of these terms and conditions are determined by any competent authority to be unlawful, invalid or unenforceable, then the remainder of the agreement shall remain valid and enforceable.
22. Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the law of Scotland and all parties agree to submit to the exclusive jurisdiction of the Scottish Courts.