TERMS AND CONDITIONS OF IMAGES AND PHOTOGRAPHY
© Donald Russell Limited reserves all Copyright in photographs and print provided in this Web and otherwise as produced. Any infringement, whether by the replication of photographs or the repetition and/or plagiarism of print, will not be tolerated and Donald Russell Limited reserve the right to raise legal proceedings to protect its commercial interests.
TERMS AND CONDITIONS OF SALES
1.1. "Buyer" means the individual or organisation who buys or agrees to buy the Goods and/or Services from the Supplier;
1.2. "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.3. "Contract" means the contract between the Supplier and the Buyer for the sale and purchase of Goods and/or Services incorporating these Terms and Conditions;
1.4. "Goods" means the articles that the Buyer agrees to buy from the Supplier;
1.5. "Services" means the services that the Buyer agrees to buy from the Supplier;
1.6. "Supplier" means Donald Russell Limited that owns and operates donaldrussell.co.uk and donaldrussell.com;
1.7. "Terms and Conditions" means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Supplier;
1.8. "Website" means Donaldrussell.com
2.1. Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
2.2. These Terms and Conditions shall apply to all contracts for the sale of Goods and/or Services by the Supplier to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.3. Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
2.4. Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Supplier.
2.5. Any special conditions applying to the provision of the Services are set out in the Schedule to this agreement.
2.6. Any complaints should be addressed to the Supplier's address stated in clause 1.6.
3.1. All orders for Goods and/or Services shall be deemed to be an offer by the Buyer to purchase Goods and/or Services pursuant to these Terms and Conditions and are subject to acceptance by the Supplier. The Supplier may choose not to accept an order for any reason
3.2. Where the Goods ordered by the Buyer are not available from stock, Donald Russell will provide an alternative substitution product, which will be of equal or greater value at no additional cost.
3.3. Promotional and discount codes are to be used only once where applicable and may not be combined with any other offers. Should an offer code be used more than once, or is deemed by the Supplier to abuse the fair usage policy then the Supplier can withdraw, withhold or cancel the promotional code at any time.
3.4. Existing customers (Buyers who have placed one or more order with the Supplier) are subject to a minimum order value of £50, when making use of free delivery or other promotional codes. This does not affect the Buyer’s right to place an order below this value if delivery is charged or if no promotional code is being used. This may not apply to special offers available to new customers only
4. PRICE AND PAYMENT
4.1. The price of the Goods and/or Services shall be that stipulated in our marketing communications including on the Website. The price is inclusive of VAT. The shown price excludes delivery charges.
4.2. When ordering online, the total purchase price, including VAT and delivery charges, if any, will be displayed in the Buyer’s shopping cart prior to confirming the order. When placing an order by telephone the total purchase price, including VAT and delivery charges will be confirmed by one of our telephone advisors before the order is placed for you.
4.3. After an online order is received the Supplier shall confirm by email the details, description and price for the Goods and/or Services together with information on the right to cancel if the Buyer is a Consumer. Consumers ordering by telephone will be offered an email to confirm the details, description and price of the Goods / Service purchased together with information on the right to cancel.
4.4. Payment of the price plus VAT and delivery charges, if applicable, must be made at the point of ordering.
4.5. Where applicable, if any payment is not paid on time or any payment is rejected or refused, the amount owing will be treated as overdue and the Supplier will be entitled immediately to cease or suspend the provision of any Service or further deliveries of Goods until payment has been received.
5. PERFORMANCE OF SERVICES
5.1. The Supplier shall perform the Services with reasonable skill and care. However, where applicable, the Supplier does not guarantee that the Services will be uninterrupted, or error-free or that any data generated, stored, transmitted or used via or in connection with the Services will be complete, accurate, up to date, received or delivered correctly or at all. The Supplier may have to suspend the Services for repair, maintenance or improvement. If so, the Supplier will restore them as quickly as is reasonably possible.
5.2. The product star rating system used on this website is generated by genuine customer reviews, both positive and negative. The Supplier reserves the right not to publish any reviews containing content with the potential to offend.
6. RIGHTS OF SUPPLIER
6.1. The Supplier reserves the right to periodically update prices in marketing communications and on the Website, which cannot be guaranteed for any period of time. The Supplier shall make every effort to ensure prices are correct at the point at which the Buyer places an order.
6.2. The Supplier reserves the right to withdraw any Goods and/or Services from marketing materials or the Website at any time.
6.3. The Supplier reserves the right to withdraw or suspend any promotional or offer code at any time.
6.4. The Supplier shall not be liable to anyone for withdrawing any Goods and/or Services from the marketing communications or the Website or for refusing to process an order.
7. AGE OF CONSENT
7.1. Where Goods and/or Services may only be purchased by persons of a certain age, the Buyer, in placing the order, attests that they are of the required age or older.
7.2. If the Supplier discovers that the Buyer is not legally entitled to order certain Goods and/or Services, the Supplier shall be entitled to cancel the order immediately, without notice.
8.1. Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund.
8.2. The Supplier shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Supplier shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date
8.3. Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
8.4. Risk in the Goods shall pass to the Buyer upon delivery of the Goods, or where the Buyer fails to take delivery at the agreed time, at the time delivery was attempted
8.5. Title in the Goods shall not pass to the Buyer until payment of the price has been made in full.
9. CANCELLATION AND RETURN
9.1. The Buyer may cancel any order for Goods for any reason up to 72 hours before the point of dispatch and any payments made by the Buyer shall be refunded in full within 28 days. The Buyer may cancel any Contract for Services at any time before seven working days has passed from the day after the Contract was made and any payments made by the Buyer shall be refunded in full within 28 days. If, however, the Supplier starts to perform its side of the Contract with the agreement of the Buyer before the Buyer exercises this right to cancel, the right to cancel is lost.
9.2. Where a claim of defect or damage is made, the Goods may have to be returned by the Buyer to the Supplier within the best before date or use by date on the product. The Buyer shall be entitled to a replacement or a full refund (including delivery costs) plus any return postal charges if the Goods are in fact defective and/or need to be returned.
9.3. Goods to be returned must clearly show the order number obtained from the Supplier on the package.
10. LIMITATION OF LIABILITY
10.1. Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Supplier the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Goods and/or Services and the Supplier shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
10.2. Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury resulting from the negligence of the Supplier or that of the Supplier’s agents or employees.
No waiver by the Supplier (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
12. FORCE MAJEURE
The Supplier shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to, acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Supplier shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
14. CHANGES TO TERMS AND CONDITIONS
The Supplier shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
15. GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the law of Scotland and the parties hereby submit to the exclusive jurisdiction of the Scottish courts.
16. INTRODUCTORY BOXES
Strictly limited to 1 per customer/household
Any queries? Call us on 01467 629666. Lines open Monday - Friday: 9am - 5pm, Saturday: 9am - 4pm, and Sunday: 10am - 4 pm.
*Free delivery is only available for standard delivery, Tuesday - Friday, to addresses on the UK mainland, Isle of Wight, and Scottish Islands. Additional surcharges may apply for: next day delivery, AM delivery, Saturday delivery, and deliveries to NI and Channel Islands - if in doubt please call first to check.
Orders being delivered to Channel Islands need to be under £122, excluding delivery or customer will be charged customs tax.
Donald Russell reserve the right to replace any offer with something of equal or greater value. Cannot be used in conjunction with any other Donald Russell offer including, but not exclusive to discount codes and free gift offers (unless otherwise specified).
17. COMPETITIONS AND PRIZE DRAWS
17.1 By participating you agree to the requirements set out in all promotional materials and the following General Terms and Conditions.
17.2 Open to residents of the mainland UK unless otherwise stated. Not open to employees (or their immediate families) of Donald Russell Ltd, its agencies, owners or anyone else professionally associated with this promotion. Donald Russell Ltd reserves the right to request proof of identity or to verify eligibility conditions and to award any prize to the winner in person.
17.3 Maximum one entry per person unless otherwise stated. Entries via agents or third parties or the use of multiple identities and email addresses are not permitted.
17.4 Only online entries via the channels promoted will be accepted. You must register with the Donald Russell Ltd website to enter online competitions. Entries must be submitted as promoted by the closing date.
17.5 Use of automated entries or programs is prohibited and all such entries will be disqualified if discovered.
17.6 Winners will be selected by Donald Russell Ltd or a co-promoter in a random draw within 5 days of the closing date from all valid and correct entries received.
17.7 Donald Russell Ltd reserves the right to disqualify late, misdirected, incomplete, corrupted, lost, illegible or invalid entries.
17.8 For online entries: Donald Russell Ltd cannot guarantee continuous, uninterrupted or secure access to the website and is not responsible for any disruption to the promotion or the website due to technical problems or otherwise due to events outside of its reasonable control.
17.10 Prizes will be delivered in a timely manner once confirmation of an email or postal addressed (as necessary) is confirmed. Donald Russell Ltd reserves the right to select an alternative winner or re-distribute the prize in a future competition or prize draw. Donald Russell Ltd has no responsibility and no compensation will be due if prizes are lost or stolen.
17.11 If we require a response before we award any prize and no response is received after the stated time, Donald Russell Ltd reserves the right to withdraw prize entitlement and award the prize to someone else. Donald Russell Ltd has no responsibility to anyone who has not responded and no compensation will be due.
17.12 No cash or other alternative prizes are available, except when in the event of circumstances outside of its control Donald Russell Ltd reserves the right to substitute a prize of equal or greater value. Prizes cannot be transferred or sold.
17.13 Donald Russell Ltd has arranged this Promotion in good faith but, to the fullest extent allowed by law, accepts no responsibility for loss or damages as a result of anyone participating in the Promotion or any aspect of any prize awarded. Your legal rights as a consumer are not affected.
17.14 Donald Russell Ltd reserves the right to modify, suspend, cancel or terminate the promotion or extend or resume the entry period or disqualify any participant at any time without giving advance notice and will do so if it cannot be guaranteed that the promotion can be carried out fairly or correctly for technical, legal or other reasons or if Donald Russell Ltd suspects that any person has been manipulating entries or the results or has acted unethically in any other way.
17.15 If we require a response before awarding any prize and no response is received within the stated time, Donald Russell Ltd reserves the right to withdraw the prize entitlement and will award the prize to a substitute winner.
17.16 In the event that Donald Russell Ltd wishes to contact you in connection with your entry we will do so via an email ending in @donaldrussell.com or by phone with a follow up e-mail. Any email which appears to come from Donald Russell Ltd but using a different suffix should be treated with suspicion and forwarded to email@example.com for verification. Please do not respond or act on any e-mail if you are not sure that it comes from Donald Russell Ltd. If you are in any doubt please contact Marketing.
17.17 Winners may be required to participate in reasonable related publicity without further payment or permission. Donald Russell Ltd may publish first name, surname initial, age and/or town/city in printed or digital communications.
17.18 Winners entering via Donald Russell Ltd’s Facebook page or Twitter feeds will be notified via same medium and agree to their full name or other moniker being announced online and reasonable additional publicity.
17.19 For information regarding the names of the winners (and, if applicable, their winning entries) email Marketing quoting the name of the prize draw or competition. Unfortunately we are unable to return any entries sent to us by post.
17.20 Any images on the website are for illustration only.
17.21 The judge’s decision is final and we reserve the right not to correspond on any matter.
17.22 The laws of Scotland apply and any disputes will be dealt with in the Scottish courts only.
17.23 Standard terms & conditions to be read in conjunction with specific terms and conditions available on each web page. Specific T&Cs take precedence where the two sets diverge.