Terms & Conditions

User Agreement

Fraudulent attempts to obtain goods via unsolicited means are deemed a criminal offence and will be reported to the appropriate authorities. We hold the right to make changes to these prices at any time prior to a contract becoming legally binding.

We will not refund you what you paid for the goods unless the manufacturer proves the products is faulty, in which case, we shall not be liable for any harm or damage the product may cause.

The South West Collective of Photography Ltd prohibits copying, hacking and any other forms of site misconduct. We hold no responsibility for loss of use resulting from bugs or site coding. The South West Collective Ltd holds all Intellectual Property Rights, therefore consent must be obtained from The South West Collective of Photography Ltd for reproduction of any part of the site. Although we take every care to check the content of the site we cannot be held liable for Links or Postings that may become offensive due to a third party.

All artists featured are consulted before their work is featured on the website. The artist owns their work in its entirety and we seek permission before we use this content on any of our social platforms.

Proper Posting Behaviour

Please be advised we will not tolerate any abusive content posted to the site. Therefore we hold the right to amend any posts that may be offensive.

Loss of Use Upon Violation

The user’s failure to conduct themselves in a proper manner within the site will result in the termination of their user status.

Any disputes or enquiries should be sent to:

The South West Collective of Photography Ltd, Marine Building, 2nd Floor, Plymouth University, Drake Circus, Plymouth PL4 8AA

Place of Registration: England

Company Registration number: 11423996

Terms of Service

In General

Access to and use of this website and the products and services available through this website (collectively, the “services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the services without notice. We will not be liable if for any reason this website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this website.

This website also contains links to other websites, which are not operated by The South West Collective Ltd. The South West Collective Ltd has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

Prohibitions

You must not misuse this website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this website. Breaching this provision would constitute a criminal offence under the Computer Misuse Act 1990. The South West Collective of Photography Ltd will report any such breach to the relevant law enforcement authorities and disclose your identity to them. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this website or to your downloading of any material posted on it, or on any website linked to it.

Intellectual Property, Software and Content

The intellectual property rights in all software and content made available to you on or through this website remains the property of The South West Collective Ltd, its licensors and its artists and are protected by copyright laws and treaties around the world. All such rights are reserved by The South West Collective of Photography Ltd, its licensors and artists. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this website nor may you use any such content in connection with any business or commercial enterprise.

You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by The South West Collective of Photography Ltd, its licensors or its artists. The South West Collective of Photography Ltd TM is a trade mark belonging to The South West Collective of Photography Ltd. No licence or consent is granted to you to use these marks in any way, and you agree not to use these marks or any marks which are colourably similar without the written permission of The South West Collective of Photography Ltd.

The South West Collective Community Areas Policy

Registration

The South West Collective of Photography Ltd reserves the right to close accounts if any user is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple accounts or disrupt any of our services in any way. If you use multiple logins for the purpose of disrupting the community you may have action taken against all of your accounts.

Submission of material

By submitting any material to us, you automatically grant The South West Collective of Photography Ltd the royalty-free, perpetual, exclusive right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. Any adjustments to artists work shall be discussed with the artist and only changed with their expressed permission.

We advise that you never reveal any personal information about yourself or anyone else (telephone number, home address, business address, delivery address or email address or any other details that would allow you to be personally identified).

By submitting any material to us, you agree to use the The South West Collective of Photography Ltd’s Community areas Policy in accordance with the Community Guidelines and these Terms and Conditions and the Community Terms and Conditions.

Failure to comply

If you fail to abide by these Community Rules you may be sent an email which informs you why your contribution has been refused or edited. This email will also include a warning that continuing to break the rules may result in action being taken against your account or accounts.

This action may include any content posted by you being checked before allowed to go on the site or a temporary or permanent suspension of your ability to participate in any or all areas of The South West Collective of Photography Ltd.

The South West Collective of Photography Ltd reserves the right to delete any contribution or take action against any The South West Collective of Photography Ltd account, at any time, for any reason.

If you do not want to grant The South West Collective of Photography Ltd the permission set out above on these terms, please do not submit or share your contribution on the website.

Terms of Sale

By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.

Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are limited to mainland UK and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.

In order to contract with The South West Collective of Photography Ltd you must be over 16 years of age and possess a valid credit or debit card issued by a bank acceptable to us. The South West Collective of Photography Ltd retains the right to refuse any request made by you. If your order is accepted we will inform you by email. Where a contract is made with a third party The South West Collective of Photography Ltd is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The South West Collective of Photography Ltd will not be held liable for any loss of goods due to incorrectly input details. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes at any time.

Promotions

All offers and promotions are for the time period stated in the respective offer.

Our Contract

When you place an order, you will receive an acknowledgement email confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by email that the goods which you ordered have been dispatched to you.

Pricing and Availability

Whilst we try and ensure that all details, descriptions and prices which appear on this website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.

All stock is offered subject to availability. Prices can be subject to change at any time and without prior notice. If the items you have requested are not available when your order is processed we will contact you within one working day of order receipt, if we are not able to make contact with you within 5 working days, the balance for the unavailable goods will be refunded to you via the original payment method.

Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.

Payment

Upon receiving your order card payments are processed through Stripe. Card payments are dealt through Stripes own terms and conditions or via Paypal.

Stripe: https://stripe.com/gb/privacy

Paypal: https://www.paypal.com/uk/webapps/mpp/ua/legalhub-full

Disclaimer of Liability

The material displayed on this website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law The South West Collective of Photography Ltd and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect The South West Collective of Photography Ltd liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

Linking to this Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you.

This website must not be framed on any other site, nor may you create a link to any part of this website other than the home page. We reserve the right to withdraw linking permission without notice.

Disclaimer as to ownership of trademarks, images of personalities and third party copyright

Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and images of third party products, services and/or locations featured on this website are in no way associated, linked or affiliated with The South West Collective of Photography Ltd and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this website are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to The South West Collective of Photography Ltd.

Indemnity

You agree to indemnify, defend and hold harmless The South West Collective of Photography Ltd, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this website or your breach of the Terms of Service.

Variation

The South West Collective of Photography Ltd shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this website.

Invalidity

If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.

Complaints

The South West Collective of Photography Ltd takes complaints very seriously. If you have any reason to complain please let us know. Contact Us.

Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Governing Law and Jurisdiction

These terms and conditions are to be construed in accordance with the laws of England and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the English courts.

Entire Agreement

The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and The South West Collective. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a director of The South West Collective of Photography Ltd.