Chazhome.com Photo Galleries is an Internet based web album and photographic
system operated by The Boston Bears.
The Internet web site provides access to the Chazhome.com
Photo Galleries System, and laid out below are the terms and conditions of use
for the Service.
The web site may only be used in accordance with these
The terms laid out below govern the relationship between you as a
user ("you or user") and Chazhome.com Photo Galleries, the web site. Thhe services provided through the web
site, can only be used if you agree to these terms.
1.0 Purchase Terms
These purchase terms ("Purchase Terms")
comprise a binding contract between you as a user of the Chazhome.com Photo
Galleries Service and Chazhome.com Photo Galleries for the purchase of
photographic prints ("Prints") made from digital files supplied by participating
1.1 Legal Document
Please read these Purchase Terms
carefully because they form a legal document. By submitting an order to the
Chazhome.com Photo Galleries system, you agree to be bound with Chazhome.com
Photo Galleries by these Purchase Terms. If you do not wish to accept these
Purchase Terms, you should not submit an order.
Those who choose to access this Service from any location outside the
UK are solely responsible for compliance with Local Law if, and to the extent
that, it is applicable. In this case, you agree that, by you agreeing to these
Purchase Terms with Chazhome.com Photo Galleries, you waive any consumer rights
you have which are capable of being waived under your Local Law and that these
Purchase Terms are the only terms and conditions that apply between you and
Chazhome.com Photo Galleries in respect of your use of the Service and the
supply by Chazhome.com Photo Galleries of your Prints.
By the display and description of this Service,
Chazhome.com Photo Galleries does not necessarily agree to process your order
and supply your Prints at the prices specified.
These Purchase Terms will not form a binding contract between
you and Chazhome.com Photo Galleries for the purchase and supply of the Prints,
until the following conditions have been met:
a. You have submitted an
offer to buy certain Prints ('Order') using the order facility provided;
b. Chazhome.com Photo Galleries notifies you by e-mail that your
Order for Prints has been accepted and Chazhome.com Photo Galleries agrees to
supply the Prints to you, provided that you have supplied Chazhome.com Photo
Galleries with an e-mail address for the reply. If you fill in the e-mail field
when you make an order, you will receive a confirmation by e-mail. This should
If you do not fill in the e-mail field, or send in an order
by post, you will be sent a confirmation by post. As our order fulfilment system
works automatically as soon as the order is received, it is quite possible that
you may receive your prints before the order confirmation, which requires more
2.2 Loss or Damage
Galleries will not be responsible for any consequential loss or damage,
howsoever arising, as a result of a failure, refusal or inability by
Chazhome.com Photo Galleries to fulfil an Order.
3. Price and
Specification of Prints
3.1 Prices and Taxes
All prices quoted
include United Kingdom Value Added Tax ("VAT"), at the applicable rate from time
to time. There is a separate VAT inclusive postage and packaging charge and this
is listed with the price and specification of Prints. The total cost is the
"Purchase Price". Chazhome.com Photo Galleries shall not be liable for any other
sales taxes, customs or import duties or other taxes, which may be imposed on
you by any relevant taxing authority. You are responsible for any such
3.2 Tax Free
If by nature of where you live you are able to
purchase prints free of tax, or are able to reclaim tax, you must contact
Chazhome.com Photo Galleries before you make your purchase. Once an order has
been placed, and payment made, Chazhome.com Photo Galleries cannot enter into
any correspondence or dialogue regarding tax issues.
All Purchase Prices and specifications of Prints are subject to
change without notice, except where Chazhome.com Photo Galleries has accepted
your Order and agreed to deliver the Prints to you in accordance with Clause
The Purchase Price payable for photographic
prints must be paid in advance by:
a. Secure credit card payment via a
Credit Card Authorisation Bureaux chosen by Chazhome.com Photo Galleries, this
is currently Secure Trading
b. Cheque or Postal Order sent with an order for
prints by post, to Chazhome.com Photo Galleries.
Chazhome.com Photo Galleries retain the right to check with your card
provider and/or any credit reference agency or bank to confirm whether or not
you are able to pay the Purchase Price. Chazhome.com Photo Galleries has the
right to refuse your order at their discretion.
4. Delivery of Prints
All Prints will be delivered to you at the address
given during the order process, within the service time-frame specified of your
Order being accepted by Chazhome.com Photo Galleries, pursuant to Clause 2.1
above, unless an alternative timeframe is notified to you by Chazhome.com Photo
Galleries, prior to the expiry of a 4 working day period.
Notwithstanding Clause 4.0, the time of delivery is an estimate
only and Chazhome.com Photo Galleries, shall not be liable for any late delivery
of the Prints or any consequential loss or damage caused as a result.
In the event that the Prints are
damaged or defective when you receive them, or do not match the description
specified in the Service, you will be entitled to return the Prints to
Chazhome.com Photo Galleries, within 14 days of receipt by you. In those
circumstances, Chazhome.com Photo Galleries, will either reprint the photographs
or provide a full refund of the Purchase Price, together with the return postage
5.1 Not Faulty
In the event that you return any
Prints to Chazhome.com Photo Galleries, in accordance with Clause 5.0, and
Chazhome.com Photo Galleries, can demonstrate that they were not faulty when
received by you, Chazhome.com Photo Galleries, reserves the right to return the
Prints to you and to claim the cost of such return postage from you.
Duration of Purchase Terms and Termination
Purchase Terms are binding upon you immediately you accept them in accordance
with Clause 2 and they will remain in force until both parties have performed
their obligations under these Purchase Terms or either party breaches its
obligations under these Purchase Terms.
Termination in accordance with this Clause 6.0 shall not
prejudice or affect any right of action or remedy, which shall have accrued or
shall thereafter accrue to either party.
7. Chazhome.com Photo Galleries'
Chazhome.com Photo Galleries
undertakes to use commercially reasonable endeavours to prevent breaches of
security of the Service (including the credit card details provided by you when
you submit an Order for any Prints), and to use reasonable endeavours to ensure
that any Chazhome.com Photo Galleries suppliers, subcontractors or agents comply
with this Clause.
Chazhome.com Photo Galleries will
use reasonable endeavours to respond to your Order within the stated
7.2 'As Is'
The service is provided on an 'as is' and 'as
available' basis, and Chazhome.com Photo Galleries makes no representation or
warranty that the Service offered will be accessible, or useable by you, or
7.3 Suspend or Alter
Chazhome.com Photo Galleries
reserves the right, at its sole discretion, to suspend or alter the operation of
the Service for legal, technical or any other reason. Chazhome.com Photo
Galleries will give as much notice as possible prior to taking any of the
actions described in this Clause, but prior notice may not always be
8. User's Responsibilities
You warrant that you are at least 18 years old and are the proper
authorised owner of the credit card, details of which you supply to Chazhome.com
Photo Galleries's Credit Card Authorisation Bureau when using the
8.1 Accurate Information
You warrant that all information
given by you in your use of this Service is accurate and not misleading and that
you will not use this Service:
a. for any fraudulent or illegal
b. for the transmission or posting of any computer viruses or any
material which is defamatory, offensive or of an obscene or menacing character,
or in such a way as to cause annoyance, inconvenience or needless anxiety. You
agree that you will be liable for any action taken against Chazhome.com Photo
Galleries or against you in relation to such use; and
c. in a manner which
constitutes a violation or infringement of any right of person, firm or company,
including but not limited to, rights of copyright or confidentiality.
You confirm that all pictures purchased using the
Chazhome.com Photo Galleries Service are purchased strictly for your own
personal use. If you wish to use any picture within the system for any other
purpose, you agree to contact the individual photographer to negotiate terms. An
e-mail link is provided within the system to facilitate this.
You acknowledge and accept that all copyright, trademarks and
all other intellectual property rights in any part of the Service or any
material supplied as part of the Service belongs to Chazhome.com Photo Galleries
or its contracted photographers. You agree not to remove any copyright,
trademark or any other intellectual property notices contained in the original
material and/or from any prints purchased through the service.
You agree to indemnify Chazhome.com Photo Galleries against any
claims, costs, expenses or legal proceedings caused as a result of your use of
this Service in contravention of Clause 8.1. Further, in these circumstances,
Chazhome.com Photo Galleries shall be entitled to treat the contravention as a
material breach of these Purchase Terms and terminate the Purchase Terms, cancel
any pending orders for Prints made by you and terminate any access permission
granted to you by Chazhome.com Photo Galleries forthwith, without notice to
Personal data provided to Chazhome.com Photo
Galleries through this web site will only be used in accordance with our Privacy
Policy. Please read through this carefully before proceeding. By providing your
personal data you are consenting to its use in accordance with the privacy
9. Limitation of Liability
9.0 Limit of
To the extent that Chazhome.com Photo Galleries is deemed by a
court of competent jurisdiction, to have any liability to you in relation to the
Service or any Prints supplied by Chazhome.com Photo Galleries, Chazhome.com
Photo Galleries's contractors or participating photographers, Chazhome.com Photo
Galleries entire liability shall be limited to £500 for any one incident or
series of related incidents and up to £1,000 for all incidents in any period of
9.1 Control of Images
Although Chazhome.com Photo
Galleries prohibits the uploading of certain types of image to the web site,
they cannot directly control the images that are uploaded by the participating
photographers. It is possible that images may appear on the web site, which are
unlawful or offensive. Chazhome.com Photo Galleries cannot accept any liability
for any such images or material. If you become aware of any such images or
material on the web site that are unlawful or may cause offence, you should
contact Chazhome.com Photo Galleries without delay and they will take the matter
up with the image owner.
9.2 Not Liable
Galleries shall not be liable to you, other than through fraudulent or negligent
a. any economic loss, including without
limitation, loss of revenue, business, contracts, profits or anticipated
b. any loss of goodwill or reputation;
c. any loss of data;
d. any special, indirect or consequential loss.
10. Operation of
the web site
Chazhome.com Photo Galleries may at its
discretion change the format and content of the web site, or any products or
services offered, at any time without notice.
Chazhome.com Photo Galleries may suspend or terminate the
operation of this web site, or suspend or terminate provision of any products or
services offered, for support, maintenance work, in order to update the content
or for any other reason. Chazhome.com Photo Galleries may do this at any time
and without notice.
11.0 Legal Notices
send a legal notice to Chazhome.com Photo Galleries, or any questions you may
have concerning these Purchase Terms, by e-mail to firstname.lastname@example.org. Such notices will
be effective within 3 days of receipt by Chazhome.com Photo
11.1 Give Notice
Chazhome.com Photo Galleries may give
notice to you by general notice on its web site, Chazhome.com by e-mail to your e-mail
address on record with Chazhome.com Photo Galleries, or by post to the
geographical address on record with Chazhome.com Photo Galleries. Such notice
will be effective if sent by e-mail or posted on Chazhome.com Photo Galleries's
web site, 3 days from the date it was sent or posted. If sent by regular post,
it will be effective 3 days after posting by Chazhome.com Photo
12. Third Parties
12.0 Third Party Rights
in these Purchase Terms shall confer on any third party any benefit or the right
to enforce any term of this Agreement. For the avoidance of doubt, the Contracts
(Rights of Third Parties) Act 1999 shall not apply to these Purchase
13.0 Entire Agreement
Terms form the entire agreement between you and Chazhome.com Photo Galleries and
supersede any other oral or written communications, agreements or
representations with respect to your use of this Service.
13.1 Change of
Chazhome.com Photo Galleries reserves the right to add to or change
the terms of these Purchase Terms in its sole discretion without prior notice.
All changes to the Purchase Terms will be effective once posted on the
Chazhome.com Photo Galleries site. Chazhome.com Photo Galleries will provide
notice of the changes to the Purchase Terms for (30) days after posting the
amended Purchase Terms on the Service.
Your continued use of the Service
and submission of any Order in accordance with Clause 2.1 above following
Chazhome.com Photo Galleries's posting of such changes will be regarded by
Chazhome.com Photo Galleries as acceptance of the amended Purchase Terms. If you
do not agree to be bound by the amended Purchase Terms, you should exit the
Service and not access the Service or submit any Orders for Prints to
Chazhome.com Photo Galleries.
13.2 Statutory Rights
these Purchase Terms affects your statutory rights as a consumer.
If any part of these Purchase Terms are held by a court of
competent jurisdiction to be unenforceable, the validity of the remainder of
these Purchase Terms will not be affected.
13.4 Beyond Control
Chazhome.com Photo Galleries is unable to perform any obligation under these
Purchase Terms because of a matter beyond its reasonable control, including but
not limited to; fire, flood, explosion, war, civil disorder, industrial
disputes, whether or not involving its employees, or other disasters or
governmental laws and regulations imposed after the fact, or events beyond the
reasonable control of Chazhome.com Photo Galleries, Chazhome.com Photo Galleries
will have no liability for failure to perform the Service.
13.5 At Own
Your use of the Internet is solely at your own risk and subject to
all applicable laws, and Chazhome.com Photo Galleries has no responsibility for
any information, software, services or other materials accessed or obtained by
you using the Internet.
13.6 No Representation
Galleries makes no representation that any Prints purchased using the
Chazhome.com Photo Galleries service are appropriate for your use, or available,
in any other locations.
13.7 Laws of England
These Purchase Terms
are governed by the laws of England, and subject to the non-exclusive
jurisdiction of the English Courts.