www.fixandframe.co.uk is a website owned and operated by Fix and Frame
The following constitutes a legal agreement between a buyer ("you") and us with respect to our website service, the terms of which are set out below. You must be at least 18 years of age to agree to and enter into this Agreement on your own behalf and to register for use of this Site. Children under the age of 15 may not register for this Site, and parents or legal guardians may not register on their behalf. By checking the box indicating your acceptance of this Agreement, you represent that (i) you have read, understood and agree to be bound by this Agreement and (ii) you are at least 18 years old, either entering into this Agreement for yourself or entering into it on behalf of your child or a child in your legal care. If you are a parent or guardian entering this Agreement for the benefit of your child, please be aware that you are fully responsible for his or her use of this Site, including all legal liability that he or she may incur. Each registration is for a single user only. We do not permit you to share your user name with any other person nor with multiple users on a network. If you do not agree to (or cannot comply with) any of these terms and conditions, do not check the acceptance box and do not attempt to access the Site. Our Site is established to enable you to chose and purchase products from our Site ("Products) that we offer for sale online.
Accessing our site
Access to our Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Site without notice (see below). We will not be liable if for any reason our Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Site, or our entire Site, to users who have registered with us.
Terms and Conditions for Purchase of Products
1. Our website service permits you to purchase our Products made available to you on this Site. These purchases can be made and are permitted strictly pursuant to the terms and conditions set out below.
2. After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that we have accepted your order together with an invoice.
3. Your purchase order cannot be accepted until payment in full for the Products ordered has been received by us at which time a legally binding agreement on the terms set out herein will become effective.
4. PRICE AND PAYMENT
4.1 The price to be paid by you for any Products will be as quoted on our Site except in cases of obvious error.
4.2 Our prices exclude VAT and delivery costs, which will be added to the total amount due before completion of your order.
4.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an invoice.
4.4 Our Site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our Site may be incorrectly priced. We will normally verify prices as part of our order confirmation procedures, so that where a Product's correct price is less than our stated price, we will charge the lower amount when invoicing you. If a Product's correct price is higher than the price stated on our Site, or we are no longer able to supply a particular Product for some reason, we will contact you by e-mail to obtain your confirmation that the amended price is acceptable.
4.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an invoice, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
4.6 Payment for all Products must be by credit, debit card or Paypal. We accept payment with MasterCard, Visa, Visa Debit, Visa Electron, Maestro, JCB and Solo. We will not charge your credit or debit card until we send you an invoice.
4.7 All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses or does not for any reason, authorise payment to us, whether in advance or subsequent to a payment, we will not be liable for any delay or nondelivery.
5. AVAILABILITY AND DELIVERY
5.1 We will endeavour to deliver your order in accordance with the agreed delivery periods unless there are exceptional circumstances. 5.2 We do not accept any liability whatsoever for delayed delivery caused by any third parties.
6. RISK AND TITLE
The Products will be at your risk from the time we commence delivery.
7. Ownership of the Products
Will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
8. RETURNS, REFUNDS & CANCELLATION POLICIES
8.1 Cancellation: Due to the bespoke nature of our products, orders CANNOT be cancelled once a despatch date has been allocated and production has commenced or a proof has been agreed.
8.2 Refunds: Due to the bespoke nature of our products, orders CANNOT be refunded.
8.3 Returns: We cannot accept returns as the product has been custom made or personalised specifically to your measurements or instructions. We only accept returns in the event that the product is delivered in a damaged condition. This does not affect your statutory rights.
8.3.1 All returns must be sent via Recorded Delivery, as we cannot be responsible for any items that are lost in transit. You must also retain proof of postage.
8.3.2 To return a product, please send it back securely wrapped, in the original packaging to the following address: fix & Frame Unit 6, St Margaret’s Business Park, Moor Mead Road, London TW1 1JN 8.4 If your order arrives and the Products are not those you ordered, or the order is incomplete, or any Product is in a damaged condition when you receive it, please contact us immediately detailing, in full, the damage relating to your order. Along with the email we ask you to provide photographic evidence to support your claim. 8.5 We will not accept the return of Products that have been purchased from any outlet other than this online Site.
8.6 The provisions of this clause do not affect your statutory rights.
9. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
9.1 We have the right to revise and amend these Terms and Conditions from time to time, for example, to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
9.2 You will be subject to the policies and Terms and Conditions in force at the time that you order Products from us, unless any change to those policies or these Terms and Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these Terms and Conditions before we send you the invoice (in which case we have the right to assume that you have accepted the change to the Terms and Conditions).
YOUR AGREEMENTS YOU AGREE that:
10. it is your responsibility to provide accurate personal information ("Personal Data") and to update your Personal Data as necessary to keep it accurate. You undertake that all the details you provide to us for the purpose of selling and delivering Products to you are correct and that the credit card or debit card that you propose to use is your own or that of a third party who has given you full permission and authority to use it and that you or such third party have sufficient funds to meet the costs of Products ordered. We will not store your credit card or debit card details anywhere in the Site;
12. it is your responsibility to maintain the confidentiality and security of your Personal Data especially your user name . You will not allow others to use your user name and you will notify us immediately of any unauthorised use of your user name. We shall not be responsible for any losses arising out of the unauthorised use of your user name and you agree to indemnify and hold us harmless, for any improper, unauthorised or illegal uses of the same.
13. you are responsible for all of the images you upload, share or copy using our site. You must have the legal right to copy and display each image that you upload, share or print. Professional images that are provided to you by professional photographers or made available through websites, magazines, books or other resources, are protected by copyright and should not be uploaded, shared or copied using the Service. You agree not to use our site: a. for any unlawful purposes; b. to upload, post, order for print, email or otherwise transmit or communicate any material that is obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libellous, vulgar, illegal or otherwise objectionable; c. to upload, post, order for print, email or otherwise transmit or communicate any material that you do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes any copyright, trade mark, patent or other intellectual property right or any moral right of any party; d. to harm minors in any way, including, but not limited to, content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct; e. to forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through our site; f. to upload, post, email or otherwise transmit any material which is likely to cause harm to fix&Frame or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to our site which may cause any defect, error, malfunction or corruption to the Service.
14. We do not provide a colour matching service and although we will endeavour to produce the best quality from each image there will be colour variations and colour shifts caused by many factors including your own monitor settings and calibration. If you have any questions, please use the contact us section of the Website.
15. we shall be entitled to withdraw from any purchase order made by you if the Product is inaccurately described on the Site or where obvious errors have been made;
16. whilst we will utilise anti-virus protections, it is your obligation to ensure that any use you make of our Site is free of any virus, Trojan horse, worm or any other items of a destructive nature. You will not hold us responsible for any damages that result from you accessing the Site (including any software or systems you use to access the Site).
17. you will not attempt or permit or encourage others to attempt to copy or make use of any intellectual property appearing on our Site for any commercial use or in any manner which would constitute an infringement of our copyright.
16. SYSTEM REQUIREMENTS
The computer, internet access and system operated by you and your ability to use the same may affect your ability to purchase any Products from our Site. You acknowledge and agree that any system requirements necessary to preview, and /or view and/or purchase any Products from our Site are your responsibility.
17. MISUSE OF THE SITE
17.1 We reserve the right to suspend or terminate your access to the Site or parts of it if in our sole discretion we believe you are in breach of any provision of this Agreement. If your access has been suspended or terminated you will not be permitted to re-register or to re-access the Site without our prior consent.
17.2 You will only use the Site for the purposes referred to in this Agreement and not access the Site or use information gathered from it to send unsolicited e-mails. 18. INDEMNITY You agree to indemnify and hold harmless us, our directors, employees and consultants from and against any and all claims, losses, demands, causes of action and judgments (including solicitors' or attorneys' fees and court costs) arising from or concerning any breach by you of this Agreement and/or these Terms and Conditions for your use of the Site and you agree to reimburse us on demand for any losses, costs or expenses we incur as a result thereof.
19.1 You may not assign this Agreement.
19.2 We may assign our rights under this Agreement in whole or in part.
20.1 We may require you to change your user name or any other information which permits you access to purchase Products from the Site.
20.2 We have the right to withdraw any Product from the Site for any reason without notice to you and you agree that we will not be responsible for any loss, damage or cost as a result of such unavailability.
20.3 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased.
20.4 We will not be liable for errors or omissions on the Site nor for loss or damage suffered by you as a result of any unavailability of the Site or by any use by you or reliance placed on the Site or its contents including any damage caused to your computer or otherwise howsoever, or any direct, indirect or consequential loss or loss of data.
20.5 We shall not be liable to you for the failure of any equipment, data processing system or transmission link and will not be liable to you as a result of any down-time which may occur upon the Site. 20.6 The Site is provided "as is" and you acknowledge that despite our reasonable endeavours the Site may contain bugs, errors and other problems (including, but not by way of limitation) infection by viruses (despite anti-virus protections which may be incorporated) or anything else which may cause contamination or destruction of any sort that may cause system failures. Notwithstanding, we will use all reasonable endeavours to correct any errors and omissions as quickly as practicable after being notified in writing to contact us
20.7 We shall not be responsible to you for damages or otherwise in respect of any error made to any listing of or reference to Products.
20.8 We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently the Site (or any part thereof) without notice to you and without any liability to you or to any third party.
20.9 We reserve the right to deactivate your account if it has not been active for a period of 12 months or more, and to remove it from the database if no communication has been received from you for a further 3 months after deactivation has occurred.
20.10 Links to third party websites on the Site are provided solely for your convenience. If you use these links, you leave the Site. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk.
20.11 We welcome 'hot links' to the Site, but not 'deep linking' by which we mean that you may not include a link to our Site, or display the contents of our Site, surrounded or framed or otherwise surrounded by content not originating from us without our consent. Any unauthorized framing of or linking to the Site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress and may result in the termination of this Agreement or other remedies as set out in this Agreement.
20.12 It is the responsibility of advertisers and sponsors on this Site to ensure that any content submitted by them for inclusion on the Site complies with applicable laws and regulations and we shall not be responsible for or liable to any extent for any error or inaccuracy which may appear in such content.
21. INTELLECTUAL PROPERTY RIGHTS
21.1 All intellectual property content on the Site including, without limitation trademarks, button icons, logos, graphics and images is owned by us and is protected by International Copyright laws and your use of them is governed by this Agreement, certain end-user licence agreements, and applicable law.
21.2 You will infringe our rights if you copy or reproduce any part of the Site save for:
21.2.1 a temporary copy of any part of the Site which is automatically made or retained by your browser as you browse the Site; or 21.2.2 you printing out any pages from the Site as a record of any Products you have purchased from it; or 21.2.3 you printing out a copy of the Terms and Conditions which we would request you to do; or 21.2.4 your own personal use provided that: (a) no documents or related graphics on the Site are modified in any way; (b) no graphics on the Site are used separately from the corresponding text; and (c) the Company's copyright and trade mark notices and this permission notice appear in all copies. Other than for the above four exceptions you must not copy the intellectual property in question for any purpose. 21.3 For the purposes of this Clause 16 "copy" and "copying" shall include non-literal copying as well as the copying of the structure and form of the Site and any elements within it.
22.1 You understand and agree that your use of the Site is at your own sole risk. The Site is provided "as is" and without warranty by us, and, to the maximum extent allowed by applicable law, we expressly disclaim all warranties, express or implied including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and any warranty of noninfringement. We do not warrant, guarantee, or make any representations regarding the use or the results of the use of the Site with respect to performance, accuracy, reliability, security capability or otherwise. You will not hold us responsible for any damages that result from you accessing (including any software or systems you use to access) the website service or using the Site including, but not limited to, infection by virus, damage to any computer, software or systems or portable devices you use to access the same. No oral or written information or advice given by any person shall create a warranty or a representation from us.
22.2 We make no warranty that any particular device or software you use will be compatible with this Site. It is your sole responsibility to ensure that your system(s) will function correctly with this Site.
22.3 Under no circumstances shall we be liable for any unauthorised use of the Site or the Products.
22.4 Under no circumstances shall we be liable to you for any direct, indirect, consequential, incidental or special damages arising out of your use of or inability to use the Site, even if we have been advised of the possibility of such damages. To the extent that in a particular circumstance any disclaimer or limitation on damages or liability set out in this Agreement is prohibited by any law which is applicable, then, instead of the provisions hereof in such particular circumstance, we shall be entitled to the maximum disclaimers and/or limitations on damages and liability available at law or in equity by such applicable law and in no event shall such damages or liability exceed ten pounds (£10).
23. THIRD PARTY RIGHTS
This Agreement is only for the benefit of you and us and no other person can claim a benefit from this agreement by virtue of the Contracts (Rights of Third Parties) Act 1999 which Act shall not apply to this Agreement.
24. LAW AND LEGAL NOTICES
This Agreement and any other terms or documents referred to herein represent your entire agreement with us with respect to your use of this Site. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with the applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. English Law governs this Agreement and your use of the Site, and you expressly agree that the English courts shall have exclusive jurisdiction over any claim or dispute between us or relating in any way to your account or your use of this Site.
You acknowledge that we may change the terms of this Agreement by posting a new Agreement on the Site. You acknowledge that it is your responsibility to check the Site regularly to ascertain if changes have been made and your continued use of the Site after such a change will constitute your acceptance of the changes.