Terms of Sale

(1) Introduction

Please read these terms of sale carefully.

You will be asked to expressly agree to these terms of sale before you purchase products or services from our website.

(2) Interpretation

In these terms of sale, “we” means Folio Albums Ltd (and “us” and “our” will be construed accordingly); and “you” means our customer or potential customer for products (and “your” will be construed accordingly).

(3) Order process

The advertising of products on our website constitutes an “invitation to treat”; and your order for services constitutes a contractual offer.  No contract will come into force between you and us unless and until we accept your order in accordance with the procedure detailed below.

In order to enter into a contract to purchase products from us, you will need to take the following steps:

  1. if you are a new customer you must create an account with us; if you are an existing customer, you must login;
  2. select the products and/or service you wish to purchase and choose any customisation options, add to cart and confirm your order and your consent to these terms of sale;
  3. depending on your payment method you either pay directly through our website or you will be transferred to the PayPal website, and PayPal will handle your payment;
  4. we will then display an initial acknowledgement; and
  5. once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.

We will not file a copy of these terms of sale specifically in relation to your order.  We may update the version of these terms of sale on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible.  We therefore recommend that you download, print and retain a copy of these terms of sale for your records.

The only language in which we provide these terms of sale is English.

Before you place your order, you will have the opportunity of identifying whether you have made any input errors by reviewing the order summary.  You may correct those input errors before placing your order by cancelling the process and re-submitting the request.

(4) The products

Bespoke photographic albums, album design service, prints, image presentation and album marketing accessories. See also descriptions of each item on website.

(5) Price and payment

Prices for products are quoted on the Folio Albums store website.  It is possible that some of the prices on the website may be incorrect.  We will verify prices as part of our sale procedures so that a product’s correct price will be stated when you pay for the product.

Payment must be made upon the submission of your order.  We may withhold the products and/or cancel the contract between us if the price is not received from you in full in cleared funds.

The prices on the website include are exclusive of value added taxes (where applicable).

Payment for all products must be made by credit or debit card.

Prices for products are liable to change at any time, but changes will not affect contracts which have come into force.

(6) Your warranties

You warrant to us that:

  • you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these terms of sale;
  • the information provided in your order is accurate and complete; and
  • you will be able to accept delivery of the services.

(7) Delivery policy

Once products have been despatched in the UK, they normally arrive next working day. Parcels which are not delivered or are late are the responsibility of the carrier.

All parcels require a signature.

If you are unable to sign for your package, items sent by Royal Mail will be held at either your local sorting office or local Post Office. Items sent by UPS or DPD will be either redelivered according to carrier’s policy or held at you local UPS or DPD sorting office.

If not collected or redelivered, the package will then be returned to us. In the event that we use an alternative courier, they will leave a card to inform you of how you may arrange for a redelivery and how long the item will be held before being returned to us.

We do not take responsibility for late or non-delivery due to factors outside our control.

(8) Risk and ownership

The products will be at your risk from the time of delivery. Ownership of the products will only pass to you upon the later of:

  • delivery of the products; and
  • receipt by us of full payment of all sums due in respect of the products (including delivery charges).

We will be entitled to recover payment for the products even where ownership has not passed to you.

(9) Business customers: limitation of warranties

This Section applies only to business customers, not consumers.

We warrant to business customers that the products and services purchased from our website will conform in all material respects to any applicable specification of such products published on our website.

These terms of sale set out the full extent of our obligations and liabilities in respect of the products supplied to business customers hereunder. To the maximum extent permitted by applicable law and subject to the first paragraph of Section [13], all conditions, warranties or other terms concerning the products which might otherwise be implied into a contract with a business customer under these terms of sale are expressly excluded.

(10) Business customers: returns policy

Where you cancel services from us in accordance with the provisions of this Section, and in our reasonable opinion those products do not conform with the warranties set out in Section [9], then you will be entitled to a refund of the price paid in respect of those services.

(11) Refunds

If you cancel a contract before manufacture of your order has commenced and are entitled to a refund, we will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as possible and, in any event, within 30 days of the day we received your valid notice of cancellation.

(12) Force majeure

In this Section and Section [13] below, “force majeure event” means:

  • any event which is beyond our reasonable control;
  • the unavailability of raw materials, components or products; and/or
  • power failure, industrial disputes affecting any third party, governmental regulations, fires, floods, disasters, pandemics, civil riots, terrorist attacks or wars.

Where a force majeure event gives rise to a failure or delay in us performing our obligations under these terms of sale, those obligations will be suspended for the duration of the force majeure event.

If we become aware of a force majeure event which gives rise to, or which is likely to give rise to, any failure or delay in us performing our obligations under these terms of sale, we will notify you forthwith.

We will take reasonable steps to mitigate the effects of the any force majeure event.

(13) Limitations and exclusions of liability

Nothing in the terms of sale will: (a) limit or exclude the liability of a party for death or personal injury resulting from negligence; (b) limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party; (c) limit any liability of a party in any way that is not permitted under applicable law; or (d) exclude any liability of a party that may not be excluded under applicable law.  If you are a consumer, any statutory rights which you have, which cannot be excluded or limited, will not be affected by the terms of sale.

The limitations and exclusions of liability set out in this Section and elsewhere in the terms of sale: (a) are subject to the preceding paragraph; (b) govern all liabilities arising under the terms of sale or in relation to the subject matter of the terms of sale,  including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

We will not be liable to you in respect of any losses arising out of a force majeure event.

We will not be liable to you in respect of any business losses, such as loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

If you are a business customer, we will not be liable to you in respect of any loss or corruption of any data, database or software.

If you are a business customer, we will not be liable to you in respect of any special, indirect or consequential loss or damage.

If you are a business customer, our aggregate liability to you under the terms of sale will not exceed the total amount paid or (if greater) payable by you to us under the terms of sale.

(14) Business customers: indemnity

If you are a business customer, you hereby indemnify us and undertake to keep us indemnified against all and any liabilities, losses, damages, expenses and costs (including legal expenses and amounts paid in settlement of any demand, action or claim) arising, directly or indirectly, out of a breach by you of any of your obligations under these terms of sale.

(15) Scope of these terms of sale

These terms of sale do not constitute or contain any assignment or licence of any intellectual property rights, do not govern the licensing of works (including software and literary works) comprised or stored in products, and do not govern the provision of any services by us or any third party in relation to the products.

(16) General terms

We will treat all your personal information that we collect in connection with your order in accordance with the terms of our privacy policy; use of our website will be subject to our website terms of use.

Contracts under these terms of sale may only be varied by an instrument in writing signed by both you and us.  We may revise these terms of sale from time-to-time, but such revisions will not affect the terms of any contracts which we have entered into with you.

If any provision of these terms of sale is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted.

No waiver of any provision of these terms of sale, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these terms of sale.

You may not assign, charge, sub-contract or otherwise transfer any of your rights or obligations arising under these terms of sale.   Any attempt by you to do so will be null and void.  We may assign, charge, sub-contract or otherwise transfer any of our rights or obligations arising under these terms of sale, at any time providing where you are a consumer that such action does not serve to reduce the guarantees benefiting you under these terms of sale.

Each contract under these terms of sale is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under such contracts is not subject to the consent of any person who is not a party to the relevant contract.

Subject to the first paragraph of Section [13]: these terms of sale contain the entire agreement and understanding of the parties in relation to the purchase of products from our website, and supersede all previous agreements and understandings between the parties in relation to the purchase of products from our website; and each party acknowledges that no representations not expressly contained in these terms of sale have been made by or on behalf of the other party in relation to the purchase of products from our website.

These terms of sale will be governed by and construed in accordance with English law, and the courts of England and Wales will have exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms of sale.

(17) About us

Our full name is Folio Albums Ltd.

Our principal trading address is Folio Albums, 7B Shortwood Court, Shortwood Business Park, Barnsley S74 9LH

Our company registration number is 05373725.

Our email address is hello@folioalbums.com