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Terms and Conditions FQ



Terms and Conditions FQ

1. Status of terms
1.1 These terms constitute a legal document ("the Agreement"), which sets out the rights and obligations of you as a user or buyer ("you") and those of FotoQuantum("FotoQuantum", "we" or "us") in relation to the services and products offered by us through this or any of the other websites owned by us (“the Website”). By using the Website, ordering articles from us or registering for FotoQuantum services, you agree to the Terms of this Agreement, and you re-acknowledge that agreement every time you use the Websiteas well as any of our services.
1.2 You agree to: provide true, accurate, current and complete information about you as prompted by our registration form (referred to as "Registration Details"); and maintain and promptly update the Registration Details to keep them true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or FotoQuantum has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, FotoQuantum has the right to suspend or terminate your account, cease supply and refuse you any and all current or future use of the FotoQuantum site (or any portion of it).
1.3 We reserve the right to: modify / withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or change the Agreement from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Agreement has been changed. If you do not agree to any change to the Agreement then you must immediately stop using the Website.

2. Place of performance and applicable law
2.1FotoQuantum is a registered trademark owned by Intelince SL. Intelince SL is a company registered in Spain (Registered Number ES B14879456). This Agreement is governed by Spanish law. You and we each submit to the exclusive jurisdiction of the Spanish courts of Malaga in relation to disputes arising out of this Agreement.
2.2 For all orders for delivery outside of the UK, Northern Ireland, the Channel Islands and the Isle of Man, all ownership, title and risk in goods will pass to you immediately at the point and time at which such goods are placed at your disposal at our premises in the UK. Prices payable for goods as set out on our Website are inclusive of applicable VAT, but exclusive of local taxes, import duties and clearances. You acknowledge and agree that FotoQuantum has no liability to you in respect of any such taxes including VAT, duties or clearances which may become payable, after the goods have been placed at your disposal at our premises in the UK.

3. Placing an order
3.1 A notice will be displayed on your web browser before you submit an order with FotoQuantum. This contains important information such as article title, price and delivery charges of the good or services ordered. We suggest that you print a copy of the for your records.
3.2 You place the order for your products on the Website by pressing the confirm order button (or any other relevantly marked button) at the end of the checkout process. We will send to you an order acknowledgement email detailing the products you have ordered. This is not an order confirmation or order acceptance from FotoQuantum. As your product is shipped from our warehouse we will send you a dispatch confirmation email. Order acceptance and the completion of the contract between you and us will take place only once the article or service ordered is dispatchedor rendered to you.
3.3 We will take all reasonable care to ensure that all details such as descriptions, prices etc. of products appearing on the Website are correct at the time when the relevant information was entered into the system database. Although we aim to keep the Website as up to date as possible, the information including product descriptions appearing on this Website at a particular time may not always reflect the position at the moment you place an order. In the event the products ordered are not as described, FotoQuantum will give you the right to reject the goods within a reasonable time period for a full refund.
3.4 All prices shown include VAT at the standard rate. Should the applicable VAT rate change, FotoQuantum reserve the right to adjust retail prices accordingly. For items which are placed on back order, VAT will be charged at the applicable rate at time of dispatch.
3.5 In the unlikely event that an incorrect price is shown on the Website. FotoQuantum reserves the right to not fulfill the order at that price. In such a circumstance, you will be notified, and given the choice to proceed with the order at the correct price.
3.6 We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Website. You further agree that we may use personal information provided by you in the course of placing your order to conduct any appropriate fraud checks involving a credit check or fraud prevention service agency, which may keep a record of your information.

4. Returns policy
4.1 Subject to the right of consumers to return goods for refund under The Sale of Goods Act and Distance Selling Regulations, FotoQuantum does not sell products on a trial basis. Customers are strongly advised to check suitability and specifications of products before ordering.
4.2 You have the right to cancel your purchase at any time either before or up to 14 (fourteen) days following the day you receive the goods by: using our HELPDESK providing at least your name, a description of the goods or services concerned and the order number of the cancelled order. We will redirect you to the HELPDESK in case of a call and help you to fill out the form if you have problems - please have your order reference number and delivery details to hand.
4.3 Cancellations: In case you exercise your right to cancel your order after the articles have been dispatched, you will be responsible for returning the goods to FotoQuantum at your own risk and cost, therefore, we strongly recommend you use an insured delivery method.
4.4 All returns are subject to the following conditions, with exception where the goods are faulty or were incorrectly described on the Website.
• A proof of purchase must be supplied.
• You must return any free gifts which came with the product.
• Your product must be complete and in 'as new' condition (e.g. if you opened the box to examine the product you must have done it without damaging or marking the product or its packaging).
• The product must not have been used or installed. It should be returned in its original box, packing including all accessories you received with it.
• Sealed products such as vinyls can only be returned if left sealed. Opened software is exempt from return under the terms of the Distance Selling Regulations (SI2334/2000). Software that arrives damaged or is physically faulty may be returned under our normal returns policy.
• We will not refund items that have been made to order to your individual specification or personalized (engraving etc…). In case raised a charge for postage, this will be deducted from your refund if the goods have been dispatched to you.
4.5 Cancellation of your purchase is not possible when:
• the seal has been broken; or
• the goods were a special order to your specification; or
• fourteen days has elapsed following receipt of the goods Until such time as you return the goods to us you must take reasonable care of the item(s) and not use them. Any use of the delivered goods beyond that necessary to inspect the goods upon delivery will invalidate your right to cancel the contract.
4.6 Authorising the Return: You mustcontact our HelpDesk before returning any goods received stating your name, a description of the goods or services concerned and the order number of the cancelled order. Failure to do so will result in a delay in processing your refund or the product being returned to you. All authorised returns must be returned to the warehouse indicated by us when you contact us about a return.
4.7 Faulty or incorrectly described goods: You will always have the option of an exchange or refund if the fault occurs within 28 days of delivery. If there is a fault with your product within six months of delivery but after the first 28 days, we will always offer a repair in the first instance. As an exception you may be offered an exchange or (full or partial) refund. After six months but within 12 months we will offer a repair only. In all cases we reserve the right to inspect the product and verify the fault and, if no fault is found return the product to you. No refund will be processed until the returned goods have been received by us and an appraisal made as to any fault. This promise does not cover faults caused by accident, neglect, misuse or normal wear and tear.
4.8 Any refund due to a fault or other defect within the first six months of purchase will include a refund of the delivery charge. We will also pay for your costs of returning the goods (between 15-70€ depending on country of origin) for replacement or refund providing you have not had the goods longer than six months. Beyond six months you will be responsible for covering the costs of returning the goods. We strongly recommend you use an insured postage method. Replacement goods are sent by standard delivery only. Refunds will be processed within 30 days of receipt of the returned products.
4.9 This returns policy does not affect your legal rights.

5. Delivery
5.1 Details of our delivery service are set out in our FAQ page.

6. Complaints handling procedure
In the unlikely event that you have any complaints as to our service or any of the goods and services supplied to you from our site, please contact us via HelpDesk or write to: FotoQuantum
, Plaza Arriola 12, Planta 1, 29015 Malaga, Spain. All complaints are taken seriously and will be investigated as soon as they are brought to our notice. We will endeavour to rectify any problems as soon as possible.

7. Content
7.1 FotoQuantum shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on the Websites and specifically excludes all such liability.
7.2 Certain links in this Website (typically a banner advert or icon) will lead to other Websites, which are not under the control of FotoQuantum. When you activate any of these links you will leave the FotoQuantum site and FotoQuantum has no control over and will accept no responsibility or liability for the material on any site, which is not under the control of FotoQuantum.

8. Limitation of liability
8.1 While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an "as is" basis without any representations made, and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
8.2 We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
8.3 To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the products offered for sale on the Website. This does not affect your statutory rights as a consumer.
8.4 We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Agreement for: any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or any loss of goodwill or reputation; or any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Agreement.
8.5 Nothing in the Agreement shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.

9. Copyright
9.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
9.2 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 (if necessary to make a Purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

10. Software
10.1 Intellectual property rights in any software or any other copyrighted materials ("Software") and supporting documentation supplied by us to you remain our property or that of our licensors.
10.2 Without our written consent and without affecting any applicable statutory rights under the Copyright (Computer Program) Regulations 1992 (as amended, supplemented or replaced from time to time) you shall not and shall not permit any other person to: disassemble, reverse engineer, decompile or in any other way interfere with the Software; copy or modify the Software; or create any new Software partly or wholly based on the Software.
10.3 Subject to the terms of this Agreement, you are licensed to use the Software and associated documentation non-exclusively, but only for the purposes identified on the site in relation to the Software.
10.4 You must not transfer, assign or sub-license your right to use the Software or attempt to do so.

11. Matters beyond our reasonable control FotoQuantum shall not be held liable for any breach of this Agreement caused by circumstances out of its control including, but not limited to, Acts of God, fire, lightning, flood, or extremely severe weather, explosion, war, disorder, flood, industrial disputes (whether or not involving our employees), acts or omissions of Internet services providers or acts of local or central Government or other competent authorities.

12. Other terms
12.1 Indemnity: You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Agreement by you or any other liabilities arising out of your use of the Websites, or the use by any other person accessing the Website using your shopping account and/or your personal information.
12.2 Severance: If any part of this Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Agreement and shall not affect the validity and enforceability of any of the remaining provisions of the Agreement.
12.3 Waiver: No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
12.4 Survival: Each provision of the Agreement 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.
12.5 Entire agreement: This Agreement governs our relationship with you. Any changes to this Agreement must be in writing and signed by both parties. You confirm that, in agreeing to accept the Agreement, you have not relied on any representation save insofar as the same has expressly been made a term of this Agreement 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 Agreement. In the event of conflict or inconsistency between the terms of the English language version of this Agreement and any translation provided by us, the English language version shall prevail.

13. Competition rules Unless otherwise specified, the following conditions apply to all competitions run from this site.
13.1 The Promoter is FotoQuantum - Intelince SL, Plaza de Arriola Nº12, Planta 1, 29015, Malaga, Spain
13.2 One entry per person only, no bulk or third party entries will be accepted.
13.3 Competitions are open to all residents specified in the competition rules except employees of FotoQuantum, the companies or organisations with whom the competition is being run, their agents or anyone directly connected with the competition.
13.4 No responsibility can be accepted for entries lost, delayed, or have insufficient postage applied or damaged in the post. Proof of delivery will not be accepted as proof of receipt.
13.5 Prizes are as stated only and no cash alternatives will be given. However, FotoQuantum retains the full and free right to alter prizes should circumstances change.
13.6 In the case of prize draws, winner(s) will be chosen at random from all valid entries and will be notified within four weeks of the closing date.
13.7 The name(s) of prizewinner(s) will be made available to those who send a stamped addressed envelope to the competition entry address.
13.8 All entrants to competitions and offers are deemed to have accepted these rules and agree to co-operate in any future publicity that may arise.
13.9 The closing date for receipt of entries is as stated for each competition where applicable.

14. Battery recycling and WEEE
Under the Waste Battery Regulations, FotoQuantum offers a take back scheme for all portable waste batteries. You can return your waste batteries to our business premises in person (PLEASE DO NOT POST). Most shops that sell batteries will have collection points for used batteries. You can also find your local waste portable battery recycling facility online. FotoQuantum is a member of the WEEE Recycling Scheme. Your nearest collection point can be found by visiting the following website: http://www.recolight.co.uk

 

 

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