These terms of business (Terms) apply to you as a Customer of Moment Cams Limited and constitute a legally binding agreement which governs the relationship between you, as a Customer purchasing Products, and us. Please read these Terms carefully before you purchase a Product from us. These Terms tell you who we are, how you can purchase our Products, what to do if there is a problem with our Product and other important information.
Last updated: 31 October 2018
- INTERPRETATION AND DEFINITIONS
- The following definitions shall apply to these Terms:
means the individual purchasing the Product from Engagement Cam;
means the description of the Product as set out on our Site or in any other marketing material created by Engagement Cam as amended from time to time;
means Moment Cams Limited with registered company number 11122179 and registered office address at Origin Workspace, 40 Berkeley Square, Bristol, BS8 1HP
means the Products available for purchase through our Site;
means an order or purchase of a Product by a Customer through the Site;
means Engagement Cam and the Customer and Party shall be construed accordingly;
means our website www.engagementcam.co.uk, any other website or application owned by Engagement Cam and any other affiliated platform (including, but not limited to, social media sites and payment applications); and
means these terms of business.
- INFORMATION ABOUT US
- References to we, us or our means Engagement Cam.
- You can contact us by emailing email@example.com.
- Customers can choose to purchase a Product through the Site by adding the Product to the “cart”. The shopping cart can be reviewed, and its contents can be amended at any time prior to submitting an Order. Orders cannot be amended once they have been placed.
- Customers can place Orders through the Site by clicking the “checkout” option in the Cart. You will then be required to enter billing and contact information so that we can process your Order and payment.
- Once you have placed an Order, we will send you an order acknowledgment email detailing the Product you have ordered. This is not an order confirmation or an acceptance of your Order by us. Your Order is an offer to purchase the Product from us and your offer will not be deemed to have been accepted by us until we have sent you a dispatch confirmation email.
- Once your Order has been processed and immediately prior to shipping, we will send you a dispatch confirmation email which will confirm that we have accepted your Order. If we cannot accept your Order for any reason, we will notify you.
- Once you receive a dispatch confirmation email, a legally binding agreement is formed between you and us under these Terms and payment will be taken from the credit or debit card provided at the time your Order was placed. No Product will be shipped until payment has been made in full. We will notify you by email if we are unable to take payment from the card of debit card provided.
- Please check the details of the order acknowledgment email and the dispatch confirmation email carefully. It is your responsibility to notify us if there are any errors or inconsistencies by contacting us at firstname.lastname@example.org.
- We try to be as specific as possible about our Products and product availability in the information provided on our Site, including but not limited to, size, colour, type, quantity of the stock available and the Description.
- We reserve the right to correct any errors, inaccuracies or omissions and to update any Descriptions at any time without prior written notice to you.
- The colours of the Products that you see on the Site depend on your device. We cannot guarantee that the colour of the Products displayed on our Site will be accurate and Product colours may vary. Any samples, drawings or advertising by us contained in any marketing material are produced for the sole purpose of giving an approximate idea of the Products referred to and shall not form part of these Term nor have any contractual force.
- If you Order a Product that is unavailable, we will inform you as soon as possible by email and give you an estimated date of when the Product is available for dispatch to you. Alternatively, you will be entitled to cancel your Order and receive a full refund of the price paid for the Product.
- We always seek to provide the best possible service to our Customers. However, if you not fully satisfied with our Products or services, please contact email@example.com.
- PRICING AND PAYMENT
- The price of Products is quoted on the Site in GBP (£). Prices quoted exclude delivery costs which will be added to the total price of your Order prior to submitting your Order.
- We reserve the right to review and change Product prices on the Site at any time without notice and we reserve the right to refuse or cancel any Orders placed for Products listed at an incorrect price, whether or not the Order has been confirmed and your card has been charged. If your card has already been charged for such a purchase and your Order is cancelled, we will issue a full refund to your card for the incorrect price paid by you.
- We aim to deliver your Order by the estimated date set out in the dispatch confirmation email, or, if no date is given, within 30 days of the date of the dispatch confirmation email. In the event that your delivery is delayed for any reason within our control, we will try to keep you informed of the estimated delivery date.
- If your Order is not delivered within 30 days of the dispatch confirmation email, you will be entitled to cancel your Order and be refunded for any amounts paid by you for that Order.
- Each delivery of the Products shall be accompanied by a delivery note that shows the date of the Order and the Products ordered. Delivery is deemed to have taken place at the time the Products are delivered to the delivery address.
- Ownership and risk in the Products you have Ordered will pass to you from the time they are delivered to you. If you decide to return the Product(s) to use for a refund or exchange in accordance with the cancellations, return and exchange provisions detailed below, the risk in the Products will remain with you until you have posted the returned Product(s) to us and you will be liable for any damage to the Product whilst it is in your possession.
- CANCELLATION, RETURNS AND EXCHANGE
- If you wish to return a Product for any reason, it must be returned to Engagement Cam within 14 days of delivery (the Return Period). You will not be entitled to a refund if Products are returned after the Return Period.
- Products must be returned in the same condition as received, must not have been used (unless faulty) and must be void of any visual marks including but not limited to scuffs, scratches, dents, discolouring or otherwise.
- If your Product is faulty, you must notify us by email at firstname.lastname@example.org as soon as reasonably practicable and the faulty Product must be returned to us within 28 days of delivery.
- Subject to clause 7.2, Products that are returned during the Return Period for an exchange are subject to stock availability. If we are unable to provide you with a replacement Product, you will receive a full refund of the price paid for the Product.
- Customers will be provided with a free returns label to return the Product. The Product must be returned in the same packaging as it was received. Customers are advised to keep a proof of postage when returning Products.
- Please direct all enquiries relating to cancellation, returns and exchanges to email@example.com.
- We warrant that at the time of delivery, the Product shall:
- conform in all material respects with the Description on our Site;
- be free from material defects in design, material and workmanship;
- are of satisfactory quality (within the meaning of the Sale of Goods Act 1979);
- be fit for purpose in accordance with the information available on our Site at the time the Order was placed.
- We shall not be liable for the Product’s failure to comply with clause 8.1, in any of the following events:
- you make any further use of the Product after giving notice of a fault in accordance with clause 7.3
- the defect arises as a result of any instructions from you in respect of the Product design;
- you alter or repair the Product without our written consent;
- the fault arises as a result of fair wear and tear, wilful damage, negligence or abnormal storage of the Product; or
- the Product differs from the Description as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
- The terms implied by sections 13 to 15 of the Sales of Goods Act 1979 are, to the fullest extent permitted by law, excluded from these Terms.
- These Terms shall apply to any repaired or replacement Products supplied by us.
- OUR LIABILITY
- Subject to the limitations set out in these Terms and to the extent permitted by law, we shall only be liable for direct damages suffered, paid or incurred by you as a result of a breach by Engagement Cam of these Terms, up to £800.
- Nothing in these Terms shall limit any liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation; or
- liability for any breach of the terms implied by section 8 of the Supply of Goods (Implied Terms) Act 1973 or any other liability which cannot be excluded by law.
- To the extent permitted by law, Engagement Cam shall not be liable for:
- any punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim;
- any inaccuracy relating to Descriptions on the Site;
- the Customer failing to ‘capture the moment’ for any reason other than due to a fault or malfunction with the Product itself directly caused by an act or omission of Engagement Cam; or
- the Customer engaging in any act contrary to these Terms or applicable laws and regulations.
- These Terms set out the full extent of Engagement Cam’s obligations and liabilities in respect of the Product and its hiring to the Customer. In particular, there are no conditions, warranties or other terms, express or implied, including as to quality, fitness for a particular purpose or any other kind whatsoever, that are binding on the Customer except as specifically stated in these Terms. Any condition, warranty or other term concerning the Product which might otherwise be implied into or incorporated within these Terms, whether by statue, common law or otherwise, is expressly excluded.
- DATA PROTECTION
- FORCE MAJEURE
Neither Party shall be in breach of these Terms nor liable for delay in performing, or failure to perform, any obligation under these Terms if such delay or failure results from an event which is beyond that Party’s reasonable control including, without limitation, strikes, lock-outs or other industrial disputes, an act of God, war, riot, civil commotion, threats of or acts of terrorism, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood or storm.
- We may transfer our rights and obligations under these Terms to another organisation.
- If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause 11.3 shall not affect the validity and enforceability of the rest of these Terms.
- Engagement Cam reserves the right to amend these Terms at any time. If we make changes to these Terms, we will post the revised Terms on the Site and update the “Last Updated” date at the top of these Terms.
- Unless it expressly states otherwise, these Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of these Terms.
- These Terms shall be governed by the law of England and Wales and subject to the exclusive jurisdiction of the English courts.