Version 1.3 : Last updated: April 12, 2021
1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply goods and / or provide design services to you.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide goods and services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms please contact us to discuss.
2. Information about us and how to contact us
2.1 Who we are. PhoticMedia is an online store owned by AL NAFIS Limited a company registered in England and Wales. Our Company Registration number is 13211072 and our registered office is at 71-75, Shelton Street, London WC2H 9JQ, UK.
2.2 How to contact us. You can contact us by telephoning our customer service team on +44 7868758265 or by writing to us at firstname.lastname@example.org or 71-75, Shelton Street, London WC2H 9JQ.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this will include e-mail.
3. Our contract with you
3.1 These terms apply to orders for goods and services placed via our website.
3.2 Each order for goods and services from you to us shall be an offer by you to purchase the goods and these terms will apply. Please ensure that you read these terms carefully, and check that the details on the order and in these terms are complete and accurate, before you submit the order.
3.3 If you are a business customer these terms apply to the exclusion of all other terms and conditions including any terms or conditions contained in or referred to in your purchase order, confirmation of order or other document or implied by law, custom, practice or course of dealing or simply as a result of such document being referred to in the contract.
3.4 How we will accept your order. Our acceptance of your order will take place when we issue an order confirmation email sent to your provides email during checkout, at which point a contract will come into existence between you and us.
3.5 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you. This might be because the goods are out of stock, because we have identified an error in the price or description of the goods or because we are unable to meet a delivery deadline you have specified.
3.6 These terms apply to all our sales and any variation to these terms and any statements made by us or our employees about the goods shall not be binding on us unless agreed in writing and signed by an authorized representative of AL NAFIS Limited.
We reserve the right not to accept orders from you if your address is outside the United Kingdom.
Amendments to our catalogue and website: We may amend our catalogue and website from time to time to correct any typographical, pricing, clerical or other error or omission.
4. Your rights to make changes to your order
4.1 If you wish to make a change to the goods you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price, the timing for delivery or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
5. If you are a consumer: your rights to end the contract, cancel the services, return the goods and right to a refund
You can always end your contract with us for the supply of the GOODS. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
- If the goods are faulty or misdescribed. If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the goods repaired or replaced or to get some or all of your money back), see Clause 17 for further information on your rights;
- If you want to end the contract because of something we have done or have told you we are going to do. If you are ending a contract for a reason set out at Clauses below the contract will end immediately and we will refund you in full for any goods which have not been provided and you may also be entitled to compensation. The reasons are:
- we have told you about an upcoming change to the goods, or these terms which you do not agree to;
- if we have told you about an error in the price or description of the goods you have ordered and you do not wish to proceed;
- if there is a risk that the supply of the goods may be significantly delayed because of events outside our control;
- if we have suspended the supply of the goods for technical reasons, or notify you we are going to suspend them for technical reasons; or
- if you have a legal right to end the contract because of something we have done wrong.
6. Your information
6.1 You shall supply us with such information as we may request and shall ensure that it is complete and accurate in all respects (Buyer Information).
6.2 You acknowledge that you are solely responsible for providing the Buyer Information and that we shall rely on the Buyer Information in determining and selecting the appropriate goods and/or services.
6.3 Any Buyer Information supplied by you in relation to the goods and/or services shall include all relevant details which relate to your requirements.
6.4 We shall be entitled to rely upon the specification and any advice given by you (in relation to the suitability of the goods and/or services for meeting your requirements) such that to the extent that the goods and/or services comply with such specification and or such advice then we shall be deemed to have supplied in accordance with these terms, notwithstanding the Buyer Information.
6.5 No changes to the Buyer Information, the goods and/or the services will form part of the contract unless agreed in writing by the parties.
6.6 If you wish to amend the Buyer Information or if the Buyer Information is subsequently found to be inaccurate and/or not complete for any reason other than our negligence we will be entitled to alter these terms for the provision of the goods and/or services (including without limitation increasing the price of the goods and/or services).
7. Description of products
Each Product purchased is sold subject to its Product Description which sets out additional Specific Conditions related to that product including, without limitation, terms and conditions concerning estimated delivery dates and times, warranties, after-sales service and guarantees.
We will take all reasonable care to ensure that all details, descriptions and prices of products appearing on the website are correct at the time when the relevant information was entered onto the system. 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 exactly at the moment you place an order. All sizes and measurements are approximated; however we do try to make sure that they are as accurate as possible.
8. Pricing policy
The price you pay is the price displayed on this website at the time we receive your order with the following exception:
- While we try and ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of re confirming your order at the correct price or cancelling it. Therefore we cannot confirm the price of a Product until your order is accepted in accordance with our Order acceptance policy. If we are unable to contact you within 48 hours we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
- If the on-line price of the goods is reduced after you have placed your order, but before you have received the goods, we will happily honour this price reduction. Please contact us.
The ownership of any products you order on this website shall pass to you on delivery of the products provided that we have processed and received payment in full for the products.
All prices shown on our website are inclusive of local applicable taxes at the current rate. Prices exclude delivery charges, unless expressly stated otherwise. We reserve the right to change prices if there is a change to the rate of VAT and we will endeavour to ensure that prices are correctly shown. As part of our commitment to low prices we check prices daily to ensure our simply value for money offer.
Orders from outside Great Britain may be subject to import duties and taxes depending on your location. You may need to complete a customs declaration form and/or provide identification when receiving an imported delivery. All applicable duties, fees and any additional charges for customs clearance levied by the importing country at the time the shipment arrives in your country are your sole responsibility.
We accept payment by credit or debit cards, or PayPal. We accept the following cards: Maestro, Visa Debit, Visa Electron, MasterCard, Solo and Visa Credit.
To ensure that your credit or debit card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third part databases. By accepting these terms and conditions you content to such checks being made. We confirm that any Personal Information which you provide to us and any User Information from which we can identify you, is strictly held in accordance with the registration we have with the Data Commissioner’s Office.
We will take all reasonable care to keep your order and payment details 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 unauthorised access to any data you provide when accessing or ordering from our website.
- All prices shown on our website are inclusive of local applicable taxes at the current rate.
- We accept online payment in a secure environment and we accept all major credit and debit cards .
- We also accept payment via PayPal accounts.
- We do not accept payment by cheque or cash.
- We will only charge postage once per order, no matter how many parcels we need to dispatch.
- You confirm that the credit/debit card that is being used is yours.
- All credit/debit cardholders are subject to validation checks and authorisation by the card issuer.
- If the issuer of your payment card refuses to authorise payment, we will not be liable for delay or non-delivery.
For full details on costs and timings visit our Delivery Information page.
- We try to fulfil orders as quickly as possible. We will inform you if an item is temporarily out of stock. We do not ship part orders, and we may cancel out of stock items from your order to enable us to ship the remaining items.
- Next day delivery is only available on selected products, and only applies when an order is placed before 8pm Monday to Thursday.
- All deliveries must be deliverable to the address stated, however, special instructions can be given i.e. deliver to your office, neighbour, etc. All delivery instructions must be agreed at the time of placing the order.
- We cannot offer timed deliveries.
- A VAT Invoice will be despatched with the goods.
View our Returns Policy
Find out more about Recycling and Waste Electrical and Electronic Equipment (WEEE) Regulations.
11. Ownership of rights
All rights including copyright in this website are owned by or licensed to us. Any use of this website or its contents, including copying or storing in whole or part, other than for your own personal, non commercial use is prohibited without the written consent of AL NAFIS LTD (PhoticMedia.com). You may not modify, distribute or re-post anything on this website for any purpose without express permission.
12. Intellectual property
You acknowledge and agree that all copyright, trademarks and all other intellectual rights in all materials and/or content made available as part of your use of PhoticMedia.com remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by our licensors or us. The website is made available for your personal non-commercial use only and you may download and print the content of the website for such purpose as making a purchase. Any other use of the website (including, without limitation, linking to or framing the website) without our prior written consent is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) modify, copy, reproduce, transmit, publish, display, distribute, perform, license, commercially exploit or create derivative works of material and content. You may not use this website, or its content, to further any commercial purpose, including any advertising or advertising revenue generation activity.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
14. Data Protection:
- PhoticMedia will take your name, address, email and telephone number when you submit Content. This enables PhoticMedia to contact you about your submission of Content and to arrange for the credit voucher to be sent to you.
- Your personal details and Content will be uploaded to PhoticMedia via a secure platform, and access to these details and the Content will only be made available to those colleagues at PhoticMedia who need such access to review and communicate with you about your Content. PhoticMedia will not share your personal details or the Content with any third party.
- If PhoticMedia elects to use your Content, PhoticMedia will securely retain the personal information that you submitted together with the Content for a period of up to 2 years. Your personal details and the Content will then be deleted.
- If we decides not to use your Content, both the Content and your personal details will be deleted on confirmation to you, within 28 days of submission
15. Compliance with laws
The website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the website and any transactions conducted on or through the website.
Selected products are subject to age restrictions, as shown on individual product pages. By ordering any of these products, you are confirming that you have reached the age stated, as required by law. All parts of your order will be cancelled if we cannot verify your age using the details you provide.
16. Our responsibility for loss or damage suffered by you
1 The following provisions set out the entire financial liability of AL NAFIS Limited (including any liability for the acts or omissions of our employees, agents and sub-contractors) to you in respect of:
1.1 any breach of the contract; and
1.2 any representation, statement or tortious act or omission (including negligence) arising out of or in connection with the contract.
2 Nothing in these terms excludes or limits our liability:
2.1 for death or personal injury caused by our negligence; or
2.2 breach of the terms implied by section 2 of the Supply of goods and services Act 1982 (title and quiet possession);
2.3 breach of the terms implied by section 12 of the Sale of goods Act 1979 (title and quiet possession); or
2.4 defective products under the Consumer Protection Act 1987; or
2.5 for fraud or fraudulent misrepresentation; or
2.6 any matter in respect of which it would be unlawful for us to exclude our liability.
3 If you are a business customer:
3.1 Subject to Clause 2, except as expressly stated in these terms, we do not give any representations, warranties or undertakings in relation to the goods or services. Any representation, condition or warranty which might be implied or incorporated into these terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the goods or services are suitable for your purposes.
3.2 We only supply the goods for internal use by your business, and you agree not to use the goods for any resale purposes.
3.3 Subject to Clauses 2 we shall not be liable, whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation or otherwise for:
3.3.1 loss of profits; or
3.3.2 loss of business; or
3.3.3 depletion of goodwill or similar losses; or
3.3.4 loss of anticipated savings; or
3.3.5 loss of goods; or
3.3.6 loss of contract; or
3.3.7 loss of use; or
3.3.8 loss or corruption of data or information; or
3.3.9 any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.
3.4 Subject to Clause 2, our total aggregate 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 contract shall be limited to 1.5 times the price paid for the goods and / or services by you during the 12 months preceding the date acknowledged by us as being the date of the event giving rise to any liability.
4 If you are a consumer:
4.1 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach, of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if at the time the contract was made, both we and you knew it might happen, for example if you discussed it with us during the sales process.
4.2 When we are liable for damage to your property. We will make good any damage to your property caused by us while delivering the goods or providing the services. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover.
4.3 We only supply the goods for domestic and private use. If you use the goods for any commercial, business or resale purposes, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
5 This Clause shall survive termination of the contract.
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
Each provision of the Conditions 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.
20. Competitions & Giveaways
All winners are chosen at random by an independent adjudicator. All entrants must provide full name, address, and contact information. Winners will be contacted to arrange delivery of their prize. We will not share your information with any third party. Entries are limited to one contact per address. You shall indemnify AL NAFIS Limited against all costs, claims or liabilities incurred by AL NAFIS Limited arising out of or in connection with any claim made against AL NAFIS Limited for payment of your employees Income Tax, National Insurance contributions and any other taxes and deductions payable in respect of the incentive. The Incentive is open to all business customers. AL NAFIS Limited reserves all rights to request proof of eligibility at the time of the order being processed.
21. Promotions, Promotional Items & Discount Vouchers
Promotional items and vouchers cannot be used in conjunction with any other offer, promotion or pricing agreement. Promotional items are subject to availability and we reserve the right to substitute for alternative goods. Only 1 promotional item can be claimed per order. Any promotional item provided as a result of placing a sales order with us is provided directly to the ordering company. If the promotional goods are then given to an employee by the company, the company will be liable for any Income Tax, National Insurance contributions and any other taxes and deductions payable in respect of the value of the promotional goods or for any sums as may be required by law
Promotional Discount Vouchers cannot be exchanged for cash or used for payment of a credit account. Only one voucher per customer and no change will be given if the value of the items ordered is less than the value of the voucher. Vouchers can only be redeemed against orders that are over the value stated on the voucher. The monetary value of a voucher is stated on the individual vouchers.
22. Entire agreement
These Conditions govern our relationship with you. Any changes to these Conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what we and you are expected to do. You confirm that, in agreeing to accept the Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these Conditions 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 Conditions.
The Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.
All of the above does not affect your statutory rights.
24. Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by AL NAFIS LTD.
AL NAFIS LTD has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that AL NAFIS LTD shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
If you have any questions about these Terms, please contact us.
AL NAFIS LTD (PhoticMedia.com)
Phone : +447868758265
Email : email@example.com
Address : 71-75, Shelton Street, London WC2H 9JQ, United Kingdom