TERMS AND CONDITIONS OF SALE
Welcome to Lux Photography Ltd, by purchasing digital goods from Lux Photography Ltd you are bound by the Conditions of Sale.
Definitions
In this Agreement the following words and expressions shall have the following meanings:-
“Digital Goods” means any intangible digital product or service sold and delivered by “Lux Photography Ltd” in the form of a one-off payment.
“Store” means any web based service operated by “Lux Photography Ltd” for the purposes of marketing and retailing digital goods.
“Customer” means you the person purchasing “Digital Goods” from “Lux Photography Ltd”
“Author” means the person that has the Intellectual Property rights or rights to sell the “Digital Goods” via the “Store”
Words denoting the singular shall include the plural and vice versa and words denoting any gender shall include all genders.
The headings of the paragraphs of this Agreement are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of this Agreement.
Conditions of Sale
Introduction
These Conditions of Sale govern the sale of “Digital Goods” by “Lux Photography Ltd” to the “Customer”.
1. The Contract
When you purchase “Digital Goods” from “Lux Photography Ltd” via any of our “Store” venues you will be required to click the “I Agree” tick box to complete the order. By clicking the “I Agree” tick box you are accepting these terms and conditions of sale. The contract for the purchase of any “Digital Goods” will be between the “Customer” and “Lux Photography Ltd” and will only be formed when “Lux Photography Ltd” make the “Digital Goods” available for download, and we have received payment in full for the “Digital Goods”. Until we make the “Digital Goods” available for download and receive payment in full there is no contract between the “Customer” and “Lux Photography Ltd” for the “Digital Goods”. “Lux Photography Ltd” reserves the right, at our sole discretion to reject any order we receive. By placing an order with “Lux Photography Ltd” you agree you are:-
legally capable of entering into binding contracts
at least 18 years old or are aged 16-18 and have read these terms of sale together with your parent and/or guardian who has explained these conditions of sale to you so that you fully understand them
2. Cancellation and Refunds
By purchasing “Digital Goods” from “Lux Photography Ltd” who are based in the UK the “Customer” if also based in the UK is bound by the UK Consumer Contracts Regulations. By downloading any “Digital Goods” from “Lux Photography Ltd” the “Customer” is waiving their rights to the 14 day cooling-off period.
All sales of “Digital Goods” are final. Refunds for any “Digital Goods” sold by “Lux Photography Ltd” will only be considered for a refund if any of the following conditions apply:-
The “Customer” is exercising their rights under the UK Consumer Contracts Regulations for the sale of digital goods
The “Digital Goods” were incorrectly described on the “Store”
The “Digital Goods” are proven to be defective
All refunds will only be issued to the transaction ID related to the sale of the “Digital Goods”.
3. Price and Payment
The price of any “Digital Goods” will be as quoted on the “Store” at the current time, except in the case of obvious error. We will not accept any offers for “Digital Goods” other than at the current price. Payment for all “Digital Goods” is processed securely by various third party payment gateway services and will be handled in the currency advertised on the “Store”.
4. Delivery
“Digital Goods” are delivered to the “Customer” by the following method:-
via download to the “Customer”‘s personal desktop computer or mobile device.
You hereby agree to download “Digital Goods” for private, non-commercial use only and that you will not copy, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, sub-license or transfer the “Digital Goods” to anyone else. Nothing in these conditions of sale grants the “Customer” any rights other than those expressly set out herein. These terms do not grant the “Customer” any rights in relation to the synchronisation, public performance, promotional use, commercial sale, resale, reproduction, distribution or commercial exploitation of any “Digital Goods”. Any breaches of these terms will be pursued to the full extent of the law. Some “Digital Goods” sold by “Lux Photography Ltd” may contain additional licensing terms or terms of use within the download which the “Customer” hereby agrees to abide by.
5. Customer Requirements
In order for the “Customer” to access the “Digital Goods” the “Customer” is required to have:-
an internet connection
a personal desktop computer or mobile device capable of opening the “Digital Goods”
6. Email Communications
In the process of purchasing “Digital Goods” from “Lux Photography Ltd” the “Customer” email address will be subscribed to the “Lux Photography Ltd” general email list. “Lux Photography Ltd” also use the “Customer” email address to issue a one time ‘Order Receipt’ email upon receipt of a successful order.
General Terms
Force Majeure
Neither party shall 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, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, the act or omission of any Internet Service Provider, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.
Severance
If any provision of this Agreement 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 this Agreement had been agreed with the invalid illegal or unenforceable provision eliminated.
Entire Agreement
This Agreement contains the entire Agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. This Agreement may be updated without notice.
Governing Law and Jurisdiction
These terms shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
Privacy Policy
To protect your privacy we will not distribute any of your details to third parties other than as already described in section 6 of the Conditions of Sale, unless required to do so by law. “Lux Photography Ltd” is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using the “Store”, then you can be assured that it will only be used in accordance with this privacy statement. “Lux Photography Ltd” may change this policy by updating this page. You should check this page from time to time to ensure that you are happy with any changes.
– What we collect and how we use the data
We will collect the following information when you purchase “Digital Goods” from the “Store”:-
Your full name, we use this to identify you in Order Receipt emails and the “Author” may require it to ship a counterpart physical product to you.
Your email address, we use this to communicate to the “Customer”.
Your country of residence, we need this to accurately determine what VAT to apply to your order.
Your address if required to do so for VAT purposes, or if the “Author” requires it to ship a counterpart physical product to you.
Your IP address, this is required for VAT purposes to help establish your country of residence.
– Security
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect and deliver online.
– How we use cookies
A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, cookies allow web applications to respond to you as an individual. “Lux Photography Ltd” utilises cookies for the following purposes:-
to track items added to the “Customer” shopping cart.
Lux Photography Ltd
Registered business address : 6 Lingmell avenue, St Helens, Merseyside, WA11 7AZ