MotorFilms Ltd Trading as MotorGraphs, Terms and Conditions of Sale
1. We are MOTORFILMS, a Company registered in England under Registration Number 05733326, and our Registered Office is situated at WOOTTON FARM, PENCOMBE, BROMYARD, HEREFORD, UNITED KINGDOM, HR7 4RR (hereinafter referred to as "MotorGraphs" or "we" or "us" or "our").
2. Save in respect of a term of condition that is stated herein to apply more narrowly, or for all practical purposes can only so apply, these terms and conditions apply to all sales and supply of goods or services from us, whether ordered from us online at one of our websites, or by telephone, or by mail order, or in person at a shop or stall or concessionary outlet.
3. Our email address for contact by customers purchasing goods or services is: firstname.lastname@example.org.
5. MotorGraphs reserves the right to change these Terms at any time, effective immediately upon posting on our website. Please revisit this page of our website on a regular basis if you wish to learn of any changes. If you violate these Terms and Conditions, MotorGraphs may cancel any product or service you may have ordered from us and/or take appropriate legal action against you.
6. You agree that MotorGraphs are not liable for any losses or damage occasioned to you as a result of any amendment to the content of our website.
Information and Items Provided By You
7. You warrant that you are of eighteen year of age or above and that any information or content provided by you on our website whether or not in connection with an order of any goods or services is truthful and accurate and the provision of such and your use of our website, does not amount to any breach of the law of any country with jurisdiction over your use of, and purchase of goods or services on, our website, or of the rights of any other individual, company or organisation, and that should any complaint be raised of defamation of any person, company or organisation or other breach of the rights of others or of a breach of any law or regulation , that you will fully indemnify, and keep fully indemnified, ourselves, our affiliates, other partners, any of our officers, directors, employees, or agents against all claims, rights ,demands in law (including any legal costs incurred) arising as a result in any way of any breach by you of these Terms and Conditions. In particular you agree that we have the right to remove any content uploaded by you to our website for any reason whatsoever and without notice to yourself.
8. You agree not to upload to, or transmit through, our website any viruses, bots, trojans or other forms of malware or anything else that can disrupt the normal operating processes of this our website or of any equipment operated in connection therewith and in particular not to upload any material which is defamatory, racist, sexist, offensive or of an obscene nature or similar or causative, or likely to cause, anxiety and upset to others or otherwise likely to cause a breach of the peace or otherwise may be in breach of any law of any country that has jurisdiction over the operation, and your use of, our website.
9. You agree and warrant that you hold exclusively all intellectual property rights in all photographs, images, designs, graphics, paintings, works of art or other products that you provide to us, whether via our website, through our affiliates or agents, or directly to ourselves, and have the full and unconditional licence and permission of any person whose image is included in such items, in order for us to incorporate same in the part or the whole of any product or service you offer to purchase from us and will indemnify, and keep indemnified, ourselves, our affiliates, other partners, any of our officers, directors, employees, or agents against all losses, claims and demands by third parties over such photographs, images, designs, graphics, paintings, works of art or other products.
When the Contract Between Us is Formed
10. Any description on our website or in any written advertisement or promotion or on display in a shop or stall or concessionary outlet of any goods or services which can be purchased from us is an invitation by us to you to put to us an offer to buy the goods or services at the price shown. We will refer to this offer to buy as your 'order'.
11. Even though you may pay to us the price for such goods, we do not, by enabling the payment, accept your order.
12. Your order will not be accepted until such time as we are able to check that there has been no error in the description or price displayed for the goods and that we have the capacity and items and equipment to enable us to deliver the goods or services as ordered. We may send you an email acknowledging your wish to purchase the goods or services but this is not acceptance of your order. We will confirm our acceptance of your order by sending to you an email ('the acceptance email') that is clearly to that effect, at which point a legally binding contract will be formed, but not before. Up until the time when we send that acceptance email, we reserve the right to cancel the order for any reason by notice to you to that effect whereupon we will make full reimbursement to you of the purchase price paid.
13. All prices shown for goods include UK Value Added Tax at the appropriate rates. We reserve the right to change the VAT rate at any time as may be required by law.
14. There may be additional custom duties and/or taxes payable in respect of delivery outside of the UK. These are the responsibility of the customer and are not payable by ourselves in any circumstances.
15. If so stated on our website along with the price, you will also pay a delivery charge as indicated. In the absence of such a statement, the delivery charge will be included in the price charged for the goods.
Use of The Purchased Goods
16. Use of all goods provided by us are agreed by you to be provided for purely personal use and unless you state in writing to us to the contrary when requested on submitting the order, and we acknowledge and agree, in writing, to supply you on that basis at the price agreed, you undertake and warrant that you will not make use of the goods for any business, trade or professional purpose and warrant that you have no such intention of resale.
17. Should you breach this term and seek to use the goods for any business, trade or professional service without our such agreement in writing, then you agree to indemnify, and keep fully indemnified, ourselves, our affiliates, other partners, any of our officers, directors, employees, or agents against any resultant loss of sales value or revenue or other losses or any claim or demand by any third parties or any other form of direct or consequential damages or losses we or such others may sustain,(including legal costs incurred) such as, but not exclusively, by being required to make payments to third parties.
18. Whilst every reasonable effort is believed to have been made to ensure the accuracy of information we provide in any form or medium connected with the offer for sale by us of our products or services, whether on this website or elsewhere, you agree that errors can, notwithstanding, appear in the content. You agree that no liability whatsoever rests with us for any losses or damage, direct or otherwise, resulting from such errors or incorrect statements.
19. On being notified by you, by email to us to our contact email address, within 14 days of delivery of the goods, of any error that was of significance to your decision to purchase the same, we may offer to you, at our complete discretion, an opportunity to cancel the order with a full refund.
20. Notwithstanding any decision by us to offer to you a refund, you also agree that there is no liability on us whatsoever for any damage or loss, direct or otherwise, that may arise in any way as a result of any such error or incorrect statement.
21. You agree that images, graphics, photographs, specification and descriptions are for illustration and guidance only and the actual goods may differ from as shown.
22. We reserve the right to withdraw any goods from sale for whatever reason whether before or after receipt of an order from yourself.
23. In some cases an goods may be described as only to be sold to customers above a minimum age. It is your responsibility to establish whether or not such age requirement is met by yourself and, in the absence of notification to us at our contact email address that it is not met, any prejudice, damage, right claim flowing as a result is to be met in full by yourself.
24. In view of the fact that some of our products and services involve the taking by us or others on our behalf of photographs or other forms of reproduction of images of you or other persons, animals or objects at your request , which procedure is reliant on technology over some of which we have no control and cannot guarantee the standards of performance and may be subject to human error, whether by ourselves or by others with whom we may contract, that, whilst every effort is made to provide to you goods that meet the description we give there are many reasons why the resulting end-product may not conform to your reasonable expectation. In view of such we give no warranty that such goods will be supplied to you as ordered and anticipated and, should the quality be, in our own opinion , not of an acceptable standard, and you agree with us, then we reserve the right to return the monies paid for such goods in full and final satisfaction of all and any claim for any damage, loss , dissatisfaction or disappointment that you may suffer. In particular, you agree that we are not liable for any consequential or other losses of which you may suffer.
25. Delivery will be on the dates declared by us at the time of your order or shown on the website unless a different date is specified in any email from us.
26. You agree that either yourself or some other person with appropriate authority from yourself will be available to sign for your goods. The goods will not be left unless signed for. If nobody is available to receive the goods, you will be given instructions as to where and when to collect. You agree that the offering up of the goods at your address satisfies our obligations to deliver under this contract and under any law or regulation in force at the time.
27. You agree that, whilst we will make every effort to ensure delivery is made as expected, delays can occur for a host of reasons, and that, therefore, we do not give any guarantee as to the precise date or time of delivery nor liable for any losses , damages, direct or otherwise or for any inconvenience arising from delay for whatever reason.
28. If for any reason delivery is not made by the date stated, as amended by any email from us, or generally within the period required by any law in force at the time, due to fault on your behalf, then you agree this contract of sale to you is at an end and you will accept reimbursement of all monies paid to us in full satisfaction of any rights you may have under the contract or under law generally.
Your Right To Cancel
29. If you are not intending when buying the goods to use it for business or professional reasons or trade purposes, whether or not also used for personal purposes, then, and subject to the clauses below, you are entitled to cancel the order for any reason whatsoever up to seven (7) working days (excluding week-end and public holidays) following receipt by you of the goods. You must notify us if you wish to cancel by email to our contact email address given above or by letter to our physical address as above.
30. If you cancel your order in accordance with such above rights on or after the goods have been received by you, then you agree to return the goods to us at your own risk and cost.
31. You agree that the goods are not returned to us until safely received by us and, save where return is for any breach by us over the description or quality of the goods, the goods must be unused and must include all original packaging, instructions, accessories and any free gifts, tokens and other items included with it when dispatched by us
32. This right of return does not apply to:-
a. goods or services that have not been ordered at a distance , ie by telephone mail order or via our website.
b. goods that have been made and /or tailored or otherwise personalised, in whole or in part, to your own specification or requirement, such to include in or on the goods any photographs, images, designs, graphics, paintings, works of art, text or other products that you provide to us or which otherwise relate only to yourself or to a significantly reduced percentage of the members of the public.
c. videos, music or other digital products or software or recordable media whether on DVD, CD, CD-Rom or other medium, once they have been unwrapped and any seal broken.
d. goods that for any other reason cannot be reasonably expected to be returned and to have any commercial value for resale by ourselves.
33. Pending return of the goods, you agree to take full care of the goods to avoid any damage occurring to the goods and that no damage does occur.
34. On cancellation as above we will refund you in full the purchase price but if the goods have been despatched, or the procedure commenced to dispatch them, not any delivery charge to yourself that you may have paid.
35. You agree to give the goods a thorough check as soon as possible following receipt to ensure it is as ordered and, should the goods be faulty in any way, you agree to notify us by email to our contact email address as soon as possible after receipt.
36. If we agree that the goods may have been faulty on initial delivery to yourself, we shall collect the goods from you at our own cost and either, at our discretion, arrange to reimburse you the purchase price paid or provide to you with replacement goods of the same, or similar, specification. No refund will be processed until the returned goods have been received back into our warehouse.
37. All goods returned as faulty will be checked and if found to have no fault will be returned to you, in which event you agree to pay to us any additional delivery costs incurred by us.
38. You agree that should you post or upload onto any area of the World Wide Web any review or comment as to our Site and its content or as to any product or service offered by MotorGraphs, that should we decide that such review or comment is inaccurate and/or unfair, that you will participate in a form of independent Alternative Dispute Resolution in relation to such review or comment as provided by the service at www.modria.com and will comply with any outcome or decision from that Alternative Dispute Resolution including withdrawal of such review and/or posting of additional comment. Further, and subject to any view or determination over compensation by the service at www.modria.com, you will compensate us for any loss or damage to our business and reputation as a results from any such review or comment that is held by such independent form of Alternative Dispute Resolution to be inaccurate and/ or unfair.
39. If any section of these Terms and Conditions shall be deemed unlawful, void or for any other reason unenforceable or invalid, then such section shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of the remainder of Terms and Conditions.
40. We shall not be under any liability to you or to any other party in any way whatsoever as a result of loss or damage of any nature arising out of matters beyond our reasonable control, including denial of service attacks, war, rebellion, civil commotion, strikes, lockouts or industrial disputes; fire, explosion, earthquake, acts of God, flood, drought or bad weather; the unavailability of deliveries, supplies, or the requisitioning or other act or order by any government department, council or other constituted body including The British Motor Industry Heritage Trust.
41. MotorGraphs may assign to a third party all of its rights and obligations under these Terms and Conditions.
42. MotorGraphs's successors, or assigns may enforce these terms in accordance with the provisions of the Contracts (Rights of Third Parties) Act 1999 (the "Act"). Except as provided above, this agreement does not create any right enforceable by any person who is not a party to it under the Act, but does not affect any right or remedy that a third party has which exists or is available apart from that Act.
43. You agree that your use of this our website and all transactions undertaken under it or otherwise between us are governed and construed exclusively by the laws of England and Wales and you agree to submit to the exclusive jurisdiction of the courts of England.
44. You agree that in the event of any dispute between us that you will, before issuing any proceedings in a court of law, agree to attempt to resolve same with us directly in the first instance and , if unsuccessful, through a form of Online Dispute Resolution in accordance with the European Union Regulation on Online Dispute Resolution for consumer disputes (2011/0374) and conducted by the service at www.modria.com and that you will make every effort to participate in such online mediation in order to reach a satisfactory resolution of the dispute with ourselves allowing for solutions that are proportionate and economic.
Effective – June 2013