If you purchase any goods and/or services from X-Rite Photo Europe in the course of your business, the terms set out below will not apply to you and, instead, your contract with X-Rite Photo Europe will be governed by X-Rite Photo Europe's business terms.
- The definitions below apply in these conditions.
"X-Rite Photo Europe": Typemaker Limited trading as X-Rite Photo Europe, a company registered in England and Wales with number 2850281 whose registered office is at Spectrum Point,164 Clapgate Lane, Birmingham, B32 3DE;
"Contract": any contract between X-Rite Photo Europe and You for the sale and purchase of the Goods and/or Services, incorporating these conditions;
"Goods": any goods X-Rite Photo Europe is supplying to You in the Contract;
"Services": any services X-Rite Photo Europe is supplying to You in the Contract;
"Working days": Monday to Friday inclusive, with the exception of any day which is a public or bank holiday in England and Wales;
"writing" shall include facsimile and email;
"You": the person purchasing Goods and/or Services from X-Rite Photo Europe.
- Condition headings do not affect the interpretation of these conditions.
- Application of terms
- The Contract shall be on these conditions. No variation to these conditions shall have effect unless agreed in writing by an authorised representative of X-Rite Photo Europe.
- Each order for Goods and/or Services by You from X-Rite Photo Europe is an offer by You to buy Goods and/or Services subject to these conditions.
- No order placed by You shall be accepted by X-Rite Photo Europe until X-Rite Photo Europe despatches the Goods to You or commences performance of the Services. Until that time there is no legally binding contract between You and X-Rite Photo Europe. Any acknowledgement of order which X-Rite Photo Europe sends to You is simply confirmation that it has received your order.
- Right of Cancellation
- You have the right to cancel the Contract at any time up to the end of seven working days after the day on which the Contract is made or the Goods are received (whichever is the later).
- You do not have the right to cancel the Contract if:
- the performance of any Services begins with Your agreement before the end of the seven working day cancellation period; or
- the order is for audio or video recordings or computer software which have been unsealed.
- To cancel a Contract, You must inform X-Rite Photo Europe in writing by post, fax or email. You must also return the Goods to X-Rite Photo Europe immediately, in the same condition in which You received them, and at Your own cost and risk. You have a legal obligation to take reasonable care of the Goods while they are in Your possession. If You fail to comply with this obligation, X-Rite Photo Europe may have a right of action against You for compensation.
- To help us process your Contract cancellation, we recommend first telephoning X-Rite Photo Europe before cancelling a Contract for a Returns Authorisation Number which should be stated on the packaging in which the Goods are returned. Nothing in this clause 3.4 restricts the means referred to in condition 3.3 by which you may cancel a Contract.
- Once you have notified X-Rite Photo Europe that You are cancelling the Contract, X-Rite Photo Europe will within 30 days refund or re-credit to You any sum that has been paid by You or debited from Your credit card for the Goods and/or Services.
- Nothing in these conditions affects your statutory rights.
- The quantity and description of the Goods (if any) and/or Services shall be as set out in X-Rite Photo Europe's acknowledgement of order.
- Any descriptions or illustrations contained in X-Rite Photo Europe's catalogues, brochures or this website are issued or published for the sole purpose of giving an approximate idea of the Goods or Services described in them and they shall not form part of the Contract, unless You are buying Services described as being provided for a specific length of time when that length of time will form part of the Contract.
- Delivery of the Goods
- Delivery of the Goods shall take place at the address You provided to X-Rite Photo Europe when you placed Your order.
- X-Rite Photo Europe will not be liable for any loss or damages suffered by You through delay in delivery following despatch of the Goods.
- X-Rite Photo Europe shall repair or replace, free of charge any Goods damaged or lost in transit where delivery has been made by its carrier, provided that you notify X-Rite Photo Europe in writing of such damage or loss within 7 days of the date of X-Rite Photo Europe's invoice.
- Performance of the Services
- Performance of the Services shall take place at the place and time(s) specified on this website or at such other place and time(s) agreed between X-Rite Photo Europe and You.
- The extent of any Services is more fully described on this website.
- You shall take all steps necessary to ensure that X-Rite Photo Europe is able to perform the Services on the date they are due to be performed.
- The price payable for the Goods or Services shall be the price set out on the X-Rite Photo Europe website on the date the Goods are despatched or performance of the Services commences.
- Value added tax, delivery costs, any customs duty or import tariffs and travel and subsistence (where applicable in the case of Services) shall be added to the total amount due from You and paid by You.
- Payment of the price for the Goods and/or Services is due on the date of the Contract.
- If you do not pay any sums due to X-Rite Photo Europe on time then You are in breach of the Contract and X-Rite Photo Europe can terminate the Contract immediately and claim damages from you.
- No payment shall be deemed to have been received until X-Rite Photo Europe has received cleared funds.
- All payments payable to X-Rite Photo Europe under the Contract shall become due immediately on its termination despite any other provision.
- X-Rite Photo Europe warrants that:
- on delivery, and for a period of 12 months from the date of delivery, the Goods shall be of satisfactory quality within the meaning of the Sale of Goods Act 1979; and
- it will perform the Services with reasonable skill and care.
- The above warranty does not apply to any defect in the Goods arising from fair wear and tear, wilful damage, accident, negligence by You or any third party, if You use the Goods in any way that X-Rite Photo Europe does not recommend, Your failure to follow X-Rite Photo Europe's instructions, or any alteration or repair You carry out without X-Rite Photo Europe's written approval.
- In addition X-Rite Photo Europe shall endeavour to pass to You the benefit of any warranty or guarantee given to X-Rite Photo Europe by the manufacturer of the Goods.
- Limitation of liability
- YOUR ATTENTION IS PARTICULARLY DRAWN TO THE PROVISIONS OF THIS CONDITION 10. NOTHING IN THESE CONDITIONS EXCLUDES X-RITE PHOTO EUROPE'S LIABILITY FOR DEATH OR PERSONAL INJURY DUE TO ITS NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION.
- SUBJECT TO CONDITION 11.1 X-RITE PHOTO EUROPE'S TOTAL LIABILITY IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR BREACH OF STATUTORY DUTY), MISREPRESENTATION, RESTITUTION OR OTHERWISE ARISING IN CONNECTION WITH THE PERFORMANCE, OR CONTEMPLATED PERFORMANCE OF THE SERVICES SHALL BE LIMITED TO THE PRICE PAYABLE FOR THE SERVICES UNDER THE CONTRACT IN ANY YEAR.
- X-Rite Photo Europe may assign the Contract or any part of it to any person, firm or company.
- You shall not be entitled to assign the Contract or any part of it without the prior written consent of X-Rite Photo Europe.
- Each right or remedy of X-Rite Photo Europe under the Contract is without prejudice to any other right or remedy of X-Rite Photo Europe whether under the Contract or not.
- X-Rite Photo Europe shall not be liable to You by reason of any delay in performing, or any failure to perform, any of its obligations in relation to the Goods or Services, if the delay or failure was due to an act of God, war, terrorism, power failure, or any other cause beyond X-Rite Photo Europe's reasonable control.
- The parties to the Contract do not intend that any term of the Contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
- The Contract shall be governed by English law and the parties submit to the non-exclusive jurisdiction of the English courts.
- These conditions are drafted in the English language. If the conditions are translated into any other language, the English language text shall prevail.