These Terms and Conditions (“Terms”) apply when you pre-order a product from Photogram Limited, a company registered in England & Wales under number 12046009 with its registered office at 71-75 Shelton Street, London, Greater London, United Kingdom, WC2H 9JQ (“Photogram”, “we”, “us”).
Please read these Terms carefully as you will be required to accept and be bound by these Terms in order to submit a pre-order.
1.1 Photogram’s products are not yet available for general sale but can be ordered in advance online (“Pre-order”).
1.2 Your Pre-Order will be deemed accepted by Photogram once you have submitted an online form and confirmed your acceptance of these Terms. You will be provided with an order number once your Pre-order is accepted.
1.3 Photogram’s products comprise both hardware and software. You Pre-order is for the hardware product. More details about our available software packages will be available in the future.
1.4 If we are unable to accept your Pre-order for any reason, we will inform you of this in writing as soon as reasonably practical and your Deposit will be refunded to you in accordance with paragraph 2 below.
2.0 PAYMENT AND REFUNDS
2.1 You will be charged a deposit at the time of placing the Pre-Order (“Deposit”). The Deposit shall be £50 of the quoted price of your pre-ordered hardware product, inclusive of VAT.
2.2 In the event that you cancel your Pre-Order in accordance with paragraph 5 of these Terms, Photogram will refund the full amount of your Deposit. Please allow Photogram fourteen (14) days from the date of cancellation to process your refund.
2.3 You will be charged the remainder of the price of your pre-ordered products once you have accepted our terms and conditions relating to purchase, delivery and supply of the hardware and software (the “Full Terms and Conditions”) in accordance with paragraph 3.4 of the Terms. For the avoidance of doubt, the subscription costs of our software packages will not be payable until the Estimated Delivery Date.
3.0 DELIVERY AND SHIPPING
3.1 At present, Photogram estimates that its pre-ordered products will be available for delivery from 31st October 2021 (“Estimated Delivery Date”).
3.2 Although Photogram will make reasonable efforts to begin delivering its products at the Estimated Delivery Date, you hereby acknowledge and agree that the Estimated Delivery Date is only an estimate and is subject to change. Photogram does not represent or warrant that it will be able to deliver pre-ordered products by the Estimated Delivery Date. If for any reason you decide that you do not wish to wait for your products, you may cancel your Pre-order in accordance with paragraph 5 hereof.
3.3 In the event that a delay arises and the Estimated Delivery Date is delayed, Photogram will not be responsible for any losses or damages of any kind that may arise due to the delay, nor shall it be obligated to provide any discounts or refunds due to any such delays, other than refunds for cancellations made in accordance with paragraph 5 of these Terms.
3.4 Photogram will provide you with periodic updates regarding the Estimated Delivery Date. Photogram will contact you prior to the Estimated Delivery Date, at which point you will be required to agree to and accept our Full Terms and Conditions to confirm your intention to purchase. If you do not wish to accept our Full Terms and Conditions, you may cancel your Pre-Order at any time in accordance with paragraph 5 of these Terms.
3.5 For the avoidance of doubt, software products will not be available to access until the Estimated Delivery Date.
3.6 Photogram will ship to delivery addresses worldwide.
4.0 CHANGING YOUR PRE-ORDER
4.1 You can amend your Pre-order within fourteen (14) days after it has been accepted by notifying Photogram in writing at firstname.lastname@example.org.
5.1 You can cancel your Pre-Order for any reason within fourteen (14) days after it has been accepted by notifying Photogram in writing at email@example.com. From that moment on it won't be possible.
5.2 Upon receiving written notice of your cancellation, Photogram will refund your Deposit to you in full in accordance with paragraph 2.2 of these Terms.
6.0 DATA PROTECTION
7.0 LIMITATION OF LIABILITY
7.1 Photogram’s products are currently in the development stage and may be subject to modification prior to their commercial release. The product that may be available for purchase by you may differ from the product selected by you for Pre-Order. Photogram does not give any warranties, express or implied, with respect to the products available for pre-order.
7.2 Under no circumstances will Photogram be liable to you or any other third party for any loss of profit, or any incidental, special or consequential loss arising under or in connection with these Terms. Your sole and exclusive remedy under these Terms will be the cancellation of your Pre-order and refund of your Deposit. Nothing in these Terms will exclude Photogram’s liability for any matter in respect of which it would be unlawful to exclude or restrict liability.
8.0 CHANGES TO THESE TERMS
8.1 Photogram may change these Terms from time to time and will provide you with written notice of any material changes. If you are unhappy with such changes, you can cancel your Pre-order in terms of paragraph 5 hereof.
9.1 These Terms constitute the entire agreement between the parties pertaining to its subject matter and supersedes all prior agreements, representations and understandings of the parties.
9.2 These Terms shall be governed by English Law and the High Court in London shall have exclusive jurisdiction over any dispute arising from these Terms.
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