TERMS
This page states the terms and conditions under which you use the fotocast website. Use of the Fotocast website constitutes full agreement with these Terms & Conditions are stated below.
PAYMENT FOR GOODS & DELIVERY CHARGES
Fotocats can only supply goods that are ordered online via the website. All payments, including shipping costs, must be paid by credit or debit card. Fotocast will not accept any other form of payment. All transactions are completed on a secure server and Fotocast will process all card transactions in store.
Fotocast is not responsible for parcels damaged during shipping.
Fotocast is not responsible for international duties or taxes. All international duties and taxes in relationship to your order are the responsibility of the purchaser.
DELIVERY TIMES
Orders are collated at 9am Monday to Friday. All orders received after 9am will not be dispatched until the next shipping day. All UK parcels are shipped via the 1st Class Recorded ‘Signed For’ service.
PRICES
Prices are as stated on the website and are subject to change at any time without notice.
WARRANTIES
Fotocast is unable to provide any warranties in relation to the goods provided over and above its statutory obligation to provide goods of satisfactory quality in accordance with the Sale of Goods Act 1979 as amended by the Sale and Supply of Goods Act 1994.
LIMITED LIABILITY
Fotocast liability for negligence shall be limited to the total value of the transaction. Fotocast shall not be liable for any indirect, consequential, or special losses even if Fotocast has previously been advised of the likelihood of such losses.
AVAILABILITY OF THE WEBSITE & GOODS
Fotocast will use all reasonable endeavours to ensure that the website does not have any problems and that the goods displayed are available. However we cannot guarantee the availability of the website or that any goods on the site are in stock or available. In the case of an ordered item becoming out of stock, items will be allocated on a time-ordered basis and a full refund offered to all excess orders.
TYPOGRAPHICAL ERRORS
In the event that a Fotocast item is mistakenly listed at an incorrect price, Fotocast reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Fotocast reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Fotocast shall issue a refund in the amount of the incorrect price.
INTELLECTUAL PROPERTY RIGHTS
The rights in the designs and content of this website are owned by Fotocast. They are protected by copyright and other intellectual property rights. You may not copy, reproduce, modify, distribute, display, post or transmit any part of this site without permission. All trademarks, product names and company names or logos featured on this website are the property of their owners.
RETURNS & EXCHANGE
Fotocast is confident you will be satisfied with your purchase however if not, please return the piece within 14 days of receipt. Shipped photographs can be returned to us via post and refunded minus the shipping cost. Fotocast cannot accept responsibility for loss or damage to returned goods whilst in transit. If you do have to return any item, kindly use a trackable system such as a parcel delivery or courier service.
All orders found to be faulty or not as described will be refunded in full.
If you have any problems with your order or wish to cancel/exchange, please contact us to arrange a refund, replacement or exchange. These terms and conditions do not affect your statutory rights as a consumer.
PRIVACY & COOKIES POLICY
Fotocast acknowledges that it is bound by the Data Protection Act 1998 and that it will not disclose your details to any third party without your express written consent. As a matter of good practice, we do not share any personal information with anyone and certainly will not sell it to others.
RIGHT TO ALTER TERMS & CONDITIONS
The Fotocast website is constantly changing and these terms and conditions may be updated from time to time. Fotocast reserves the right to change the terms and conditions without notice.
THIRD PARTY LINKS
In an attempt to provide increased value to our visitors, Fotocast may link to sites operated by third parties. Fotocast has no control over these linked sites, all of which have separate privacy and data collection practices.These linked sites are only for your convenience and therefore you access them at your own risk.
SUBMITTED CONTENT
Please read this section carefully before posting, uploading, or otherwise submitting any Visual Content to the site. By submitting content to the site you are granting Fotocast a worldwide, non-exclusive license to use the Visual Content and are representing and warranting to Fotocast that the Visual Content is either owned or you are authorized to represent or distribute the Visual Content, and that Fotocast is free to publish, distribute and use the Visual Content as provided in these Terms without obtaining permission, consent or any license from any third party.
In consideration of Fotocast's agreement to allow you to use the Services, you agree with the following:
You acknowledge that:
Any Visual Content uploaded must be photographed by you;
By uploading your photographic works to Fotocast you retain full rights to those works that you had prior to uploading;
By posting Visual Content to the Site you grant to Fotocast a non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Visual Content in connection with the Services. This license will exist for the period during which the Visual Content is posted on the Site and will automatically terminate upon the removal of the Visual Content from the Site;
The license granted to Fotocast includes the right to use Visual Content fully or partially for promotional reasons and to distribute and redistribute Visual Content to other parties, websites, authorized agents, applications, and other entities, provided such Visual Content is attributed in accordance with the credits if any and as appropriate, as submitted to Fotocast (notwithstanding the foregoing, no inadvertent failure to provide attribution shall be considered a breach of these Terms);
Fotocast has the right to modify, alter and amend photo titles, descriptions, tags, and other accompanying information for any Visual Content and the right to submit Visual Content to other parties and authorized agents for the purpose of creating tags for Visual Content;
Notwithstanding this, Fotocast makes no representation and warranty that Visual Content posted on the Site will not be unlawfully copied without your consent. Fotocast does not restrict the ability of users and visitors to the Site to make low resolution or ‘thumbnail’ copies of Visual Content posted on the Site and you hereby expressly authorize Fotocast to permit users and visitors to the Site to make such low resolution copies of the Visual Content; and
Subject to the terms of the foregoing license, ownership or other rights in the Visual Content including any intellectual property rights or other proprietary rights associated with the Visual Content are retained by you or the Visual Content owner represented by You.
You represent and warrant that:
You are the owner or the authorized representative of the owner of all rights, including all copyrights in and to all Visual Content you submit to the site;
You have the full and complete authority and right to enter into this agreement and to grant to Fotocast the rights in the Visual Content herein granted, and that no further permissions are required from, nor payments required to be made to any other person in connection with the use by Fotocast of the Visual Content as contemplated herein; and
The Visual Content does not defame any person and does not infringe upon the copyright, moral rights, publicity rights, privacy rights or any other right of any person, or violate any law or judicial or governmental order.
You shall not have any right to terminate the permissions granted herein, nor to seek, obtain, or enforce any injunctive or other equitable relief against Fotocast, all of which such rights are hereby expressly and irrevocably waived by you in favour of Fotocast.