Summary of nPhoto Terms & Conditions for Sale of Goods

  1. DEFINITIONS
  2. In this document the following words shall have the following meanings:
    1. "Buyer" means the photographer, organisation or person who buys the Goods.
    2. "Goods" means the articles to be supplied to the Buyer by the Seller.
    3. "Seller" refers to nPhoto, our agents or those acting on our behalf with our expressive permission.
    4. Within this document, the terms ‘nPhoto’, ‘us’, ‘we’, ‘our’ all refer to nPhoto, our registered offices at 190 Zaczernie, 36-062 Zaczernie, Poland and the term ‘you’ refers to the user and /or browser of this website.
    5. These Terms and Conditions apply to the sale of Goods by the Seller to the Buyer. Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall not be applicable unless agreed in writing by the Seller.
  3. USE OF INFORMATION
    1. By using our website www.nphoto.com and the services offered on the website, you agree to follow and be bound by these terms and conditions. If you do not agree to abide by these terms and conditions you will not be granted access to the information contained within.
    2. Sensitive information such as pricing of goods will only be available to users who have registered with us as a professional photographer and have been verified by us as much as reasonably possible to be a bone-fide photographer.
    3. By registering on the www.nphoto.com website you agree to be added to our mailing list for the purpose of the announcing of special offers and/or promotions which may occur from time to time. We do not send spam emails, and you will only receive the minimal amount of email contact from us as deemed necessary by us to keep you updated with news or offers. You may unsubscribe from the mailing list at any time by return email placing the word ‘unsubscribe’ in the title bar. If you unsubscribe from our mailing list, we reserve the right to restrict your access to and delete your registration from the website.
    4. nPhoto reserves the right to restrict your access to information contained on the website if they deem this information is being forwarded by you to third parties.
    5. By using our services, you represent and warrant that all required registration information submitted by you is truthful and accurate.
    6. When you register on our website www.nphoto.com you will be asked to choose a username and password. You are entirely responsible for maintaining the confidentiality of your password, and you agree to notify nPhoto if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
  4. PRICE AND PAYMENT
    1. The price shall be the Price published unless otherwise agreed in writing between the parties.
    2. As credit is NOT offered, payment of the price and any other applicable costs including shipping costs shall be due on the date of the invoice supplied by the Seller, unless otherwise agreed in writing.
    3. Full payment will be required before release of goods by the Seller.
    4. The ownership of goods does not pass to the Buyer until payment in full is received by the Seller.
    5. If payment for the goods is not made when due, the Seller shall be entitled to refuse to make delivery of any Goods without incurring any liability whatever.
    6. Payment for Goods is normally requested when the order is placed.
    7. PayPal is the world’s trusted way to pay and get paid online. We accept PayPal payments, Visa, Mastercard, Discover and American Express via PayPal payment system. You can safely enter your entire credit card number via our secure server, which encrypts all submitted information.
  5. DELIVERY
    1. 1) Delivery of the Goods shall take place at the address specified by the Buyer unless otherwise agreed in writing. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
    2. 2) If the Seller is unable to deliver the Goods because of actions or circumstances under the control of the Buyer, then the Seller shall be entitled to place the Goods in storage until such times as delivery may be executed and the Buyer shall be liable for any expense associated with such storage.
    3. 3) Any damages, shortages or problems should be reported to the Seller within 48 hours of signed receipt to enable replacement or refund.
    4. 4) Any damage to packaging should be noted on the signed receipt and reported immediately to nPhoto.
  6. RETURN OF GOODS
    1. 1). The Seller will not take back any goods not required by, or sold by, the Buyer, unless otherwise agreed, in which case the following terms apply.
    2. 2). Any returns must be authorised and agreed in writing by a representative of the Seller before any credit will be given.
    3. 3). Where the Seller agrees to accept the return of goods that are not damaged the Buyer will be responsible for the cost of carriage and will ensure that they are carefully packaged to avoid any damage in transit. The Seller will not be obliged to accept any goods that are damaged in any way.
    4. 4). Where the Goods have to be returned due to damage or negligence in the manufacturing or transport of the Goods, the Seller’s obligation will be limited to replacing the Goods only.
    5. 5). The buyer must sign and return a credit note application, which will be supplied by the Seller and only after this has been received by the Seller, will any credit note be issued.
  7. LIMITATION OF LIABILITY
    1. 1) The Seller shall not be liable for any loss or damage suffered by the Buyer in excess of the contract price.
    2. 2) Nothing contained in these Terms and Conditions shall be construed so as to limit or exclude the liability of the Seller for death or personal injury as a result of the Seller's negligence or that of its employees or agents.
  8. FORCE MAJEURE
    1. The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as the Seller considers unreasonable, it may, without liability on its part, terminate the contract.
  9. RELATIONSHIP OF PARTIES
    1. Nothing contained in these Terms and Conditions shall be construed as establishing or implying any partnership or joint venture between the parties and nothing in these Terms and Conditions shall be deemed to construe either of the parties as the agent of the other.
  10. WAIVER
    1. The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement.
  11. FULL TERMS AND CONDITIONS
    1. A PDF copy of the full terms and conditions may be requested at any time by sending an email request to info@nphoto.com.
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