FOLIO ALBUMS TERMS AND CONDITIONS
These are the terms and conditions of Folio Albums Limited, a company incorporated in England and Wales under company number 05373725, with registered office at Unit 7b Shortwood Court, Shortwood Business Park, Hoyland, Barnsley, South Yorkshire S74 9LH (“we” or “us”).
These terms and conditions apply to you, as our customer, when you make a purchase from our website (folioalbums.com, prints.folioalbums.com and my.folioalbums.com). If you do not agree to these terms and conditions, please do not make a purchase.
These terms and conditions were last updated in February 2022. We can update these terms and conditions at any time, so please check back regularly to make sure you have read the most current version.
At folioalbums.com and my.folioalbuns.com we provide wedding albums and other quality products to photographers, and directly to consumers (where they have been introduced by their photographer) through our websites.
Products available at prints.folioalbums.com are available to both trade and directly to consumers.
Our products are bespoke and personalised to each customer.
We may provide you with login details to access our website. Where we do this, you must keep the login details private, and not share them with any third parties. If we discover you have shared these details with third parties, we may suspend your account.
If you choose to purchase a product on our website, you will be taken through a sales process, where you will make payment at the website checkout. Payment will be based on the pricing displayed on our website at the time you make the purchase. You will receive an automatic email acknowledgment, confirming that payment has been received. At this stage, a legally binding contract is formed between you and us.
Once your order is accepted, you may request that we make changes to your order. We don’t need to accept this change, and we may quote you to take account of the request made. We will contact you to discuss the change you have requested, and how this impacts your order. Where there is a substantial change required, we may require that you cancel your order. We will issue a credit note to you, and you may place a new order. If you do make a change to your order, or place a new order, and a promotion we were running at the time of your original order has expired, such promotional pricing will not apply to the amended order.
Once your order is accepted, you must send us the files we need to produce your order within 2 weeks. If you do not, your order will be cancelled, and you will receive a credit note.
Our team will check and process your order before sending it into production. We endeavour to spot any mistakes in your order; however, we cannot guarantee this. You are responsible for submitting a correct order. For most products, we will send you a production PDF, confirming that your order has gone into production. At this stage, if we are required to make a change to your order (which may be due to an issue with our suppliers and what they are able to provide), we will notify you and offer you an alternative or a refund. We will not process your order until we have heard from you.
If you are purchasing as a consumer, we will direct you to your photographer, where they are registered with us, to assist with placing the order. Where your photographer is not registered with us, or is no longer operating, we will provide the product to you directly at recommended retail prices (as displayed on our website). We do our best to always direct you to a photographer first, before selling directly to you as a consumer.
At times, we might need to make changes to your products (including changing a book cover or paper used for a product). Where we do so, we will notify you, and you are entitled to a refund if you do not wish to proceed with the purchase.
Our pricing for each product is as displayed on our website when you make a purchase. But mistakes happen. If we have made a mistake with our pricing, we will let you know. If the product should have been less expensive, we will refund you the difference. If our product should have been more expensive, we will give you the option of increasing the payment, or cancelling your order (and receiving a full refund).
We can change our pricing at any time, and this will be shown on our website. This will not impact orders already confirmed by us.
Our pricing will vary depending on whether you are a photographer or a consumer. Please check the correct pricing on our website, applicable to you, before making your purchase.
Trade prices, available to photographers only, are exclusive of VAT.
If you change your mind
Things happen, and sometimes you might change your mind about your order. Here are our policies around returns and refunds.
For consumers, making a purchase for their personal use, your normal consumer right to change your mind within a 14 day cooling off period does not apply to purchases made from our website. This is because the products we provide are bespoke to you, and have been specifically designed at your request. You are therefore not entitled to a refund if you change your mind.
This does not affect your rights as a consumer if the product isn’t of satisfactory quality, fit for purpose or as described on our website. In such a case, you may receive a refund, repair or replacement product within 30 days of you receiving the product. After the 30 day period, you are entitled to a repair or replacement only. Please contact us if you have any issues with the quality, fitness or description of the product you have received.
For business customers (photographers), you are not entitled to a refund, unless we choose to provide one in our sole discretion.
No customer can cancel an order once we have started manufacturing it.
If there is a fault with our products, please let us know as soon as possible, and we will arrange for the faulty product to be collected from your original delivery address, and arrange for a repair or replacement to be provided. This allows us to inspect the fault, in order to learn and improve our processes.
If you do not wish to return the product, we cannot provide a repair or replacement to you.
Only in exceptional circumstances, and in our discretion, will you be permitted to keep the product, and we will send a replacement without the faulty item being returned.
Delivery of our products
We do our best to specify accurate production times on our website. However, please be aware that sometimes these can increase, particularly during busy periods.
We deliver products worldwide. Where we are delivering to the UK, we typically expect them to arrive the working day following dispatch, but we cannot guarantee this. We rely on the relevant carrier as to their timing. Where we are delivering internationally, we expect your delivery to take 2-3 days from dispatch, but again this is depend on the relevant carrier and border checks.
Our parcels require a signature (or equivalent). If you miss a parcel, the standard practices of the carrier will apply, and you will receive instructions on where you can collect your parcel, or whether it can be redelivered.
If your product is returned to us, we will contact you to confirm how long we will hold the product for. If we have to re-deliver it to you, there will be an additional charge associated with delivery. After this time, the product may be disposed of, but you will not be entitled to a refund.
If you wish to change delivery address once the product is in transit, there may be an additional charge. This will depend on the fees imposed on us by couriers.
Risk and title for the products passes to you on delivery. This means that you own and are responsible for the products once delivered. This includes where you have asked us to leave the products in a safe place.
Reward programme for business customers
We operate a reward programme for our business customers only. With every purchase you make of ‘Studio Sample’ products “qualifying products”, you have the opportunity to earn “reward points“.
Your reward points are earned on 50% of the cart value where you purchase qualifying products (after discounts have been applied). Each reward point is equivalent to £1 (and we will round down to the nearest whole reward point). For instance, if you buy £100 worth of qualifying products, you will earn 50 reward points.
The reward points for each purchase will be credited to your account as soon as the order has been shipped. You will not be credited reward points on an order that is cancelled and if you return any qualifying product, you forfeit the reward points for that purchase.
Reward points can only be used against the purchase of any product advertised on our website to reduce the amount payable by £1 per reward point. Reward points cannot be used toward VAT or shipping costs.
Reward points are personal to you only and they cannot be transferred to another customer or account. Reward points have no cash value and so they cannot be exchanged for cash or credit notes. Reward points are valid for a period of 365 days from the date they were awarded to you.
We reserve the right, at our sole discretion, to withdraw the rewards programme at any time and any reward points earned will be removed from your account and will no longer be redeemable. We will do our best to give you as much advance notice if we choose to do this.
If you are a business customer, our liability under these terms and conditions is limited to the price you paid for the products. We are not liable for any indirect, special or consequential loss that arises under these terms and conditions.
If you are a consumer, our liability under these terms and conditions is limited to twice the price you paid for the products. We are not liable for any unforeseeable losses (which means that any loss that was not foreseeable at the time you made the purchase).
Nothing in these terms and conditions limits or excludes our liability for death or personal injury caused by negligence.
Where an event outside our control occurs, this is known as a “Force Majeure Event”. This includes, but is not limited to, storm, fire, earthquake, an Act of God, a natural disaster, a failure of electricity or power supplies, epidemic, pandemic, government rules, regulations or guidance, or a failure of a third party supplier to do as they are contracted to do. Where a Force Majeure Event occurs, we are excused from performance under these terms and conditions, and are not liable for failure to perform.
No third parties have any rights under these terms and conditions, and the Contracts (Rights of Third Parties) Act 1999 is expressly excluded.
These terms and conditions are not capable of being assigned or transferred by you.
These terms and conditions, and any non-contractual obligations arising hereunder, are governed and construed in accordance with English law, and the English courts have exclusive jurisdiction to deal with any dispute arising hereunder. If you are a consumer based in England and Wales, Scotland or Northern Ireland, the country in which you reside will also have jurisdiction to hear any dispute.