TERMS AND CONDITION

SO Cameras Limited (“SO Cameras”) is an online retailer of new and used photographic equipment to businesses and individuals (“Services”), the Client will be deemed to have read, understood and agreed to these Terms and Conditions (“Terms”).
For the purposes of these Terms, the Client shall be the individual or business taking out the Services.

Background

SO Cameras is an online retailer selling new and used photographic equipment. SO also purchases used photographic equipment. The Service is aimed at individuals or businesses.

AGREED TERMS

INTERPRETATION
The following definitions and rules of interpretation apply in this agreement.
Definitions:
Affiliate: any entity that directly or indirectly controls, is controlled by, or is under common control with another entity. Business Day: a day other than a Saturday, Sunday or public holiday in the United Kingdom when banks are open for business. Business Hours: the period from 9.00 am to 5.00 pm on any Business Day.
Confidential Information: has the meaning given in clause 11
Day: a period of 24 consecutive hours ending at 12.00 midnight
Force Majeure Event: has the meaning given in clause 10.
Intellectual Property Rights: patents, utility models, rights to inventions, copyright and neighbouring and related rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Month: a calendar month.
Service: services provided by SO Cameras to Clients
VAT: value added tax chargeable under the Value Added Tax Act 1994.
Week: any period of seven consecutive Days.
Year: any period of 12 consecutive Months
A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality) and that person's personal representatives, successors and permitted assigns.
A reference to a Client shall include any Client, corporation or other body corporate, wherever and however incorporated or established.
Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
A reference to any party shall include that party's personal representatives, successors and permitted assigns.
A reference to writing or written includes e-mail.
Any obligation on a party not to do something includes an obligation not to allow that thing to be done.
References to clauses and Schedules are to the clauses and Schedules of these Terms.
Where any statement is qualified by the expression so far as Client is aware or to Client’s knowledge (or any similar expression), that statement shall be deemed to include an additional statement that it has been made after due and careful enquiry.
Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

2. COMMENCEMENT AND TERM
These Terms shall be valid from the time that the Client either places an order with SO Cameras partakes in a sale transaction to or from SO Cameras.
The term of agreement between the Client and SO Cameras shall last for the period of the transaction between the parties.

3. SUPPLY OF SERVICES
SO Cameras shall supply the Services to the Client in accordance to the terms and conditions set out between SO Cameras and the Client.
SO Cameras shall provide Services as requested by Client to the Client on time basis mutually agreed between the parties
SO Cameras shall have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services, and SO Cameras shall notify the Client in any such event.
SO Cameras and the Client warrant that the Services will be provided using reasonable care and skill.

1. Terms

1.1 These terms constitute a legal document ("the Agreement"), in which are set out the rights and obligations of you as a purchaser ("you"), and those of SO Cameras ("SO Cameras", "we" or "us"), in relation to any transactions, sales or products offered or entered into by us through this site. By registering or placing an order with SO Cameras you agree to abide by the terms of this Agreement.
1.2 You agree to:
1.2.1 provide true and accurate information on submission of said information.
1.2.2 maintain and update the submitted data to be complete, true and accurate. If SO Cameras has any reason to suspect that such information is untrue or inaccurate we reserve the right to suspend or terminate your account.
1.3 This Agreement shall be governed by the Jurisdiction of the English Courts in the event of dispute.
1.4 At its sole discretion, SO Cameras may modify these terms and conditions by posting the revised version on this web site at any time.

2. Purchases and Part Exchanges

2.2 In the case of purchases and part exchanges where a courier is arranged to collect your items, SO Cameras takes no responsibility for late or failed collections, however they arise.
2.2.1 In the instance that the courier is unable to collect due to an error by the courier company or by us, we will arrange an alternative date for collection free of change.
2.2.2 In the instance that the courier is unable to collect due to no response at the agreed collection address, incorrect address details or any other responsibility of the seller (you), an added charge of £12 will be incurred to re-arrange collection.
2.3 In entering into any sale or part exchange of equipment with SO Cameras you agree to abide by our terms and conditions of purchase.
2.3.1 Before entering into a sale or part exchange the seller (you) must be the full and legal owner of all equipment offered.
2.3.2 In entering into a sale or part exchange the seller (you) is responsible for assuring that all equipment offered for sale has been legally imported into the EU. SO Cameras reserve the right to refuse purchase on any items purchased from non EU sellers or sellers based within the EU where evidence of full VAT compliance is not available. Where the seller (you) is the first owner of the equipment a VAT receipt may be required as proof of purchase. Where the seller (you) is the second owner of the equipment further information may be requested and acceptance of the transaction is at the discretion of SO Cameras.
2.3.3 You are at least 16 years old; or if you are under 16 years of age, that you have obtained your parent’s or guardian’s consent to sell your items to us for the sum indicated on our website and you and your parents/guardians release SO Cameras of any liabilities or claims that may arise if you send your items to us in breach of these terms.
2.4 SO Cameras retains full rights to refuse or cancel a purchase or exchange at any time, or to offer a revised quotation on equipment offered.
2.5 Once we have received and checked your items, and the payment has been made, ownership of the items passes immediately and irrevocably to SO Cameras.
2.6 Quotations on equipment are based on expected condition and subject to completing our quality checks. Quotations are valid for a period of 7 days from the date quoted and are subject to revision at any time at the discretion of SO Cameras. 
2.6.1 On receipt and checking of the equipment SO Cameras retains the right to revise any quotation or to cancel the transaction at anytime up until the point that payment is made.
2.6.2 Where revisions to any quotation are necessary, you, the seller, will be informed and have the right to cancel the transaction and request return of the items up until the point where payment is made.
2.6.3  SO Cameras retain the right to cancel the transaction or adjust the valuation for any reason inclusive of, but not limited to:
If items differ in age, usage or exact model from that quoted
If items are faulty or show signs of imminent failure
If items are not as described
If items do not include necessities such as batteries or chargers.
If items show signs of excessive wear not previously described
If items show signs of having impact or other damage
If items show signs of internal fungal growth or damp
If items are not EU or UK stock
If SO Cameras suspects the product is 'non original' in any way
2.6.4 Each item that you sell to us should match the make, model and condition that you describe when the quote is submitted. When we assess your items we will use the Condition Specifications given below, which correspond to the rating suggested in our initial quotations.
2.6.5 The Condition you described items to be in when requesting a quotation directly affects the price we offer for it and if we determine the condition to be different from that which you described we may offer you a revised valuation. 

CONDITION SPECIFICATIONS:

Condition 1:       “mint-"
Looks brand new i.e. no cosmetic wear and tear
Any casings, sensor, glass, buttons and screen(s) are in pristine condition
No scuffs, marks or scratches
Excellent working order 
No marks / damage to glass or sensor  

Condition 2:       “Exc++"
Looks close to new i.e. only the lightest signs of cosmetic wear 
Any casings, sensor, glass, buttons and screen(s) are in excellent condition
No significant scuffs, marks or scratches
Excellent working order
No marks / damage to glass or sensor  

Condition 3:       “Exc+"
Good overall condition, may have some signs of cosmetic wear i.e. light scuffing to some areas / slight shiny surfaces
Any casings, sensor, glass, buttons and screen(s) are in good condition
No significant chips / scratches or damage
Excellent working order
No marks / damage to glass or sensor  

Condition 4:       “Exc"
Well used condition, may have significant signs of cosmetic wear i.e. scuffing to some areas / shiny surfaces / marks 
Any casings, sensor, glass, buttons and screen(s) are full working condition
Full working order
No marks / damage to glass or sensor unless specifically stated  

Condition 5:       “Exc-"
Heavily used condition, may have significant signs of cosmetic wear, i.e. scuffing  / shiny surfaces / marks / scratches / chipping to paint / peeling surfaces
Full working order
No marks / damage to glass or sensor unless specifically stated  

Condition 6:       “Faulty" -  WE DO NOT ACCEPT ITEMS IN THIS CONDITION
Not in fully working order
Internal fungus or damage to glass
Damage to sensor
Working parts missing or not functioning

2.6.7 If your items fail our checking process or require an adjustment to the quotation we will contact you via email and inform you of the new valuation we have determined for the item you have sent us. In this email you will be provided with the option of accepting the revised valuation or declining it. Should you chose to decline the new valuation the item or items will be returned to you free of charge.
2.6.8 If you accept the revised valuation, the new price agreed between you and SO Cameras for the item will be updated and when processing your payment this revised valuation will be the new price paid for that specific item. The revised valuation is the last and only price we will offer for the item. Once the revised valuation has been accepted verbally or through written communication the valuation is deemed accepted and no further negotiation or cancellation can occur. 

2.6.9 The following is offered as a guide only, for the timescale that the transaction will take to complete:
Sending your items to us by Free Courier, means that items are usually received the next working day following collection, except from remote locations. We will then check your items against you order and ALL of your items will go through our checking process as quickly as possible. This is usually completed within 1 working day, although it may take longer. Bank transfers are processed for payment in groups and once your items have been checked and you have verified your bank details and these have passed to our payment system, payment is made within 3 working days. When the funds are cleared and available to you in your bank account can vary depending on which organisation your account is held by. Please note that we will regularly communicate with you by email regarding the progress and status of each sale. SO Cameras can take no responsibilities for any delays in this process however they arise.
2.6.10 - In entering into a part exchange or cash purchase you agree to abide by the terms and conditions of our COURIER  SERVICE as laid out below.

3. Delivery Information

3.1 All orders are dispatched via DPD or ipostparcels and will require a signature on delivery. SO Cameras shall have no liability for any late delivery however arising.
3.2 Please ensure that you are at the delivery address given to sign for your package. If you are unable to sign for the item the courier will not leave the item and it will be returned to the local depot or to a local post office. Please follow any instructions left by the courier to rearrange or collect the missed delivery.
3.3 SO Cameras shall not be liable for loss or damage to any part of any Parcel (whether comprising one or more packages in the Parcel), or for the loss or non-delivery of the whole of any Parcel, or for damage, delay or detention or any part thereof however caused, unless the Company is advised thereof in writing, of the fact of the loss or damage or mis-delivery or failure of delivery within 10 days from the date shipped.

4. Liability

4.1 SO Cameras shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question.
4.1.1 SO Cameras shall not be liable in any manner for any acts, omissions, failures or delays resulting in issues such as (without limitation) loss of business, loss of sales, loss of profits, loss of reputation, business interuption, non payment of sums due or any other pecuniary loss.
4.2 Nothing within the Agreement shall affect the statutory rights of any consumer.

5. The Warranty

5.1 All Second Hand/Used Items purchased directly from SO Cameras or from our ebay shop carry a 3 month warranty (unless otherwise stated).  Accidental damage and misuse is NOT covered by this warranty. What is and is not covered is detailed specifically in this document. SO Cameras reserves the right to repair/replace or refund goods under warranty.
5.2 The warranty is valid from the date of purchase until the end of the 3 month period. The warranty is subject to proof of purchase being provided; you should therefore retain your sales invoice. The warranty is not transferable to a third party. All works carried out under warranty must be pre-approved and authorised by SO Cameras.
5.3 Authorising the Return
5.3.1 In the unlikely event that you have any complaints or you wish to return your purchase under warranty you can contact us by: emailing us at info@socameras.co.uk stating your name and order number, and describing the issue with your purchase.
5.3.2 Please note that you must contact us prior to returning any goods received and obtain a Returns Authorisation number
5.3.3 All goods returned as faulty will be checked thoroughly by us and if no fault is found the item will be returned to you. We reserve the right not to offer a full refund or replacement unless a fault with the item can be established.
5.4 What is covered:
5.4.1 Parts and labour cost in relation to the repair of any fault which occurred during normal usage of the item.
5.4.1.1 Please note that you must contact us for agreement prior to arranging any repair.
5.5 Specific exclusions:
5.5.1 Consumables, including batteries, are not covered by the warranty.
5.6 General exclusions (What's NOT covered):
5.6.1 - wear and tear
5.6.2 - faults caused by shock or fall, sand, dust, dirt, damp or corrosion, leaky batteries, an act of war or terrorism, fire, theft, attempted theft, accidental or malicious damage, vandalism, corrosion, water contamination or ingress, frost, flooding or other adverse weather conditions, repair or cleaning by unauthorised personnel impact;
5.6.3 - accidental damage;
5.6.3.1 - inclusive of but not limited to: faults that have occurred because you have not used, stored or handled the product properly; or have not followed our written instructions for the product, or those of the manufacturer; or damage or defect due to wilful neglect or negligence by anyone other than us;
5.6.3.2 - faults relating to damage to components such as connector pins deemed by us to be the result of accidental damage or misuse;
5.6.4 - faults relating to image sharpness of a lens that is clearly open to human judgement;
5.6.5 - faults occuring to items where parts are no longer produced, such that the item cannot be repaired
5.6.6 - loss of quality, degradation of performance or actual damage that results from the use of spare parts or other replaceable items (such as consumables) that are neither made nor recommended by the manufacturer;
5.6.7 - faults due to the connection of other fittings or accessories to the product which we have not approved;
5.6.8 - lost or damaged data;

6. Errors and Omissions

6.1 We make every effort to ensure that all information given on our website is accurate. If you do find an error please let us know by contacting us via email at info@socameras.co.uk and we will get it corrected as soon as possible.  
6.2 All our used items are carefully described in our description and sold as described. Items for sale do not necessarily come with all accessories as new, such as lens hoods, straps or memory cards, unless specifically stated. In the case of errors with our listings you are within your rights to return the item within the 7 day return period if we are unable to resolve the matter.

7. Personal data and effects

7.1 We recommend that before collection on any items you delete or remove ALL personal information that is or maybe stored on the device such as, but not limited to, digital images/pictures or contact information.
7.1.1 We accept no responsibility whatsoever in relation to the data that you may, whether knowingly or unknowingly, have provided, whether personal, confidential, private or otherwise your own and furthermore we take absolutely no responsibility for the security of such or any data that reaches us as a result of the sale of your items. 
7.1.2 We accept no responsibility whatsoever in relation to the data that you may, whether knowingly or unknowingly, have provided, whether personal, confidential, private or otherwise your own and furthermore we take absolutely no responsibility for the security of such or any data that reaches us as a result of the sale of your items. 
7.2 Please be sure to remove any and all  media storage / memory cards from your items prior to sending them to us. If we discover on receipt that storage devices, memory cards or similar devices have been sent to us we will NOT return them, they will be recycled/disposed of responsibly and we accept no liability for these items sent in error.
7.3 SO Cameras accept no liability for any items whatsoever of any nature included either intentionally or unintentionally other than those items stated on the paperwork for the transaction. Any additional items are included at your own risk and SO Cameras can accept no responsibity for returning such items.
7.4 If we find upon inspection of equipment that you have sold that they have been registered/reported lost or stolen we will notify you by email and quarantine the device whilst we contact the relevant/appropriate authorities.

8. Ordering

8.1 We accept orders online and over the telephone. Please include full contact details for yourself and the stock numbers with all orders. We aim to ship all orders for in-stock items the same day for orders placed before 4PM.
8.2 After submitting an order via our website you will receive an order acknowledgement via email. Please note that this email is not a legal acceptance of your order and we reserve the right to cancel your order at any time should we be unable to fulfil it or should we have any concerns about your registration data.

9. Matters beyond our Reasonable Control

9.1 SO Cameras shall not be held responsible for any breach of this Agreement due to matters beyond our reasonable control, inclusive of, but not limited to acts of God, fire, flooding, severe weather, industrial disputes or acts of internet providers, governament, or other authorities.

10. CONDITIONS  OF  OUR  COURIER  SERVICE

10.1 Only customers within the UK are eligible for our free courier service.
10.2 SO Cameras offers customers a number of ways to send your items to us for FREE. They include using:
10.2.1 Our FREE insured Courier Service, which is offered to customers within the UK.
10.2.2 Alternatively SO Cameras are happy to refund postage costs upto £5 for customers who wish to post items in to us themselves.
10.2.3 SO Cameras are also able to email customers a royal mail freepost label for customers to print and attach to package before sending
10.3 SO Cameras take no responsibility for damage or loss for items sent to us by the Royal Mail or other couriers. Customers wishing to send in items themselves are recommended to use insured post and to get proof of postage from the Post Office or courier service.
10.4 All collections will be booked for only one box unless otherwise specified, if your items require more than one box or package you are required to inform us before the courier is booked. 
10.5 You must ensure that the appropriate details such as your reference number and the words “SO Cameras", are displayed clearly on the package and that the appropriate paperwork is fully and accurately completed and is included in the box. Any failure to do so may result in delays in processing your equipment or in errors processing your items. 
10.6 Our Courier Service allows the items to be sent to us, to be insured up to the value we have placed on the items, which is described item-by-item, in the final quotation. No other valuations will be accepted other than that of SO Cameras for these insurance purposes. Only items included in the paperwork associated with the transaction will be covered by this insurance.
10.7 Please ensure that all items are fully and carefully packaged for reasonable impact and movement during transit. Failure to package items in a suitable manner may impact on any insurance claim for damage to items during transit. SO Cameras will not be responsible for any damage incurred during transit as a direct result of insufficient packaging or padding.
10.8 To make a claim for a lost or damaged order please contact SO Cameras directly.
10.9 SO Cameras reserves the right to reject a Parcel on delivery if there is not a valid label attached.
10.10 You shall not require us or our courier to carry or convey anything if such carriage or conveyance would be unlawful. We and our courier will NOT carry ANY ITEMS that are NOT previously agreed with SO Cameras and included on the paperwork for the transaction. Should you nevertheless deliver goods that we do not accept for carriage, you shall be liable for any and all loss or damage caused by, or in connection with the goods however arising and shall indemnify SO Cameras against all penalties, claims, damages, costs and expenses whatsoever arising in connection therewith and the goods may be destroyed or otherwise dealt with at the sole discretion of the Company or by any other person in whose custody they may be at the relevant time;
10.11 SO Cameras reserves the right to refuse any Parcels which are neither the property of, nor sent on behalf of, you.

11. Liability of the SO Cameras when using our courier service

11.1 SO Cameras shall only be responsible for any loss or damage to a Parcel for non-delivery or mis-delivery if it is proved that the loss, damage, non-delivery or mis-delivery was not due to the negligence or fault of you.
11.2 SO Cameras can under no circumstances whatsoever, accept any responsibility for any delay to parcels whilst in transit.
11.3 Since SO Cameras is unable to assess the cost to a Customer of the loss or damage of any Parcel, in no case whatsoever shall any liability of the Company, however arising and notwithstanding any lack of explanation, exceed the quoted value of the relevant goods in a Parcel or the value of compensation cover selected at the point of purchase whichever is less. If the goods in the Parcel have any extra intrinsic value to the Customer or the Customer would suffer consequential losses in the event of loss or damage to the goods in the Parcel, then the Customer is advised to insure against such risks and losses since the Company is not liable for any such loss or damage.
11.4 SO Cameras shall not be liable for loss or damage to any part of any Parcel (whether comprising one or more packages in the Parcel), or for the loss or non-delivery of the whole of any Parcel, or for damage, delay or detention or any part thereof however caused, unless the Company is advised thereof in writing, of the fact of the loss or damage or mis-delivery (as the case may be) within 10 days from the date that you had your Parcel(s) accepted by the courier. 
11.5 The Company shall not be liable for loss or damage to any part of any Parcel (whether comprising one or more packages in the Parcel), or for the loss or non-delivery of the whole of any Parcel, or for damage, delay or detention or any part thereof however caused, if the parcel is not correctly labelled.

12. Returns Policy

12.1 You have the right to cancel your order of to return items if not as described within 7 days by:
emailing us at customerservice{at}socameras.co.uk stating your name and order number.
Phoning us on 01273 252360 stating your name and order number.
12.2 Please note that you must contact us prior to returning any goods.
12.3 Items must be returned to us via an insured and trackable delivery service. If you return an item because of an error on our part we will refund return postage charges. In all other cases you will be responsible for return postage charges.
12.4 All returns must also be accompanied by the original sales invoice and all items must be returned in the exact same condition as at the original point of sale. SO Cameras is not liable for lost or damaged returned items.
12.5. SO Cameras retain the right to issue a refund rather then replacement on any item returned, including those items returned due to faults or where items are considered not as described.
12.6. Reduced items. Items sold at a discounted or reduced rate will only be eligible for a refund and will not be eligible for a like for like replacement.

13. Payments to you

13.1 Payment Method is via bank transfer (BACS). Once a transaction is agreed you will be contacted and prompted to provide a valid sort code and account number.
13.2 It is your responsibility to ensure that the Payment Details including Account Number and Sort Code are correct and accurate. We may prompt you via email to ask you to check that the Payment Details you have provided are correct and accurate. Such communications or prompts of this type from us to you, does not mean that we assume any responsibility whatsoever for the validity of the details that you submit/provide and it remains your sole responsibility to ensure that the Payment Details you have provided are correct, complete and accurate. We will not be liable if you fail to receive a payment or suffer any loss, including but not limited to if a payment is sent to an incorrect account or recipient, as a result of any failure by you to correctly, completely and accurately provide and/or submit all Payment Details required when providing details in any manner.
13.3 Failing to provide correct and accurate payment details when prompted may result in delays in payments being made. SO Cameras hold no responsibility for any such delays however arising. Failing to provide correct and accurate payment details when prompted may result in delays in payments being made. SO Cameras hold no responsibility for any such delays however arising.
13.3 You understand, accept and agree that some of the Payment Methods made available to you depend on third parties, who we cannot and do not control, to process these payment including, but not limited, to payments by bank transfer (BACS). We will not be liable for delay in receipt of payment as a result of the actions or inactions taken by such third parties. Payments may be subject to validation and security checks that we may or third parties may require at their discretion from time to time.

14. Pricing

14.1 All prices quoted on the website are in Pounds Sterling and include VAT where applicable. VAT is included at the standard rate of 20% on all brand new products. All second hand goods are sold on the VAT margin scheme such that there is no VAT applicable to be reclaimed.
14.2 Prices are exclusive of local taxes, import duties and clearances and SO Cameras has no liability for any such charges if arising.
14.3 We always do our best to honour advertised prices but we reserve the right not to do so in the event of an incorrect price being published.

15. Payment

15.1 We accept all major credit and debit cards. Alternatively you may pay by:
15.1.1 Sterling bank transfers (bank details provided to customers on request)
15.2 Credit and debit cards for all customers are subject to security clearance. Additional information may be requested at our discretion for this purpose.
15.3 By entering into the agreement with us you acknowledge that we may use personal information provided by you in the ordering process to conduct any necessary fraud checks.

16. INDEMNITY

16.1 The Client shall indemnify SO Cameras against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by Client arising out of or in connection with:
(a) the Client’s breach or negligent performance or non-performance of these Terms
(b) the enforcement of these Terms
(c) any claim made against the Client by a third party arising out of or in connection with the provision of the Services, to the extent that such claim arises out of the breach, negligent performance or failure or delay in performance of these Terms by SO Cameras, its employees, agents or subcontractors;
16.2 Nothing in this clause shall restrict or limit SO Cameras’s general obligation at law to mitigate a loss it may suffer or incur as a result of an event that may give rise to a claim under this indemnity.
16.3 The Client understands that SO Cameras is a retailer and as such cannot guarantee the skill set of the Client and therefore their ability to use the equipment.

17. CANCELLATION

17.1. In line with the Distance Selling Regulations, any order placed online by a Client who is an individual rather than a business shall be entitled to a 14 day cancellation period during which the Client may cancel the order for a full refund (excluding delivery costs).
17.2. Where the Client is a business, the Client is entitled to cancel any order pre-payment.
17.3. All Clients are entitled to a refund in full (excluding delivery costs) where the item is incorrect, damaged on arrival (where delivered by an SO Camera’s chosen courier) or where the item is incorrect. For items which are faulty the Client should contact SO Cameras for advice.

18. ANNOUNCEMENTS

The Client shall not make, or permit any person to make, any public announcement concerning these Terms without the prior written consent of SO Cameras, except as required by law, any governmental or regulatory authority (including, without limitation, any relevant securities exchange), any court or other authority of competent jurisdiction.

19. ENTIRE AGREEMENT

19.1 These Terms constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
19.2 Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

20. CONFLICT

If there is an inconsistency between any of the provisions in the main body of these Terms, the provisions in the main body of these Terms shall prevail.

21. VARIATION

No variation of these Terms shall be effective unless it is in writing and signed by the parties (or their authorised representatives).

22. WAIVER

No failure or delay by a party to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

23. RIGHTS AND REMEDIES

Except as expressly provided in these Terms, the rights and remedies provided are in addition to, and not exclusive of, any rights or remedies provided by law.

24. SEVERANCE

24.1 If any provision or part-provision of this agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this agreement.
24.2 If one party gives notice to the other of the possibility that any provision or part-provision of this agreement is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.

24. LANGUAGE

These Terms are drafted in the English language. If these Terms are translated into any other language, the English language version shall prevail.

25. NOTICES

25.1 Any notice or other communication given to a party under or in connection with this contract shall be in writing and shall be delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a Client) or its principal place of business (in any other case);
25.2 Any notice or communication shall be deemed to have been received:
(a) if delivered by hand, on signature of a delivery receipt or at the time the notice is left at the proper address;
(b) if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or at the time recorded by the delivery service.
(c) if sent by fax, at 9.00 am on the next Business Day after transmission.
25.3 This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution. For the purposes of this clause, "writing" shall not include e-mail.

26. COUNTERPARTS

26.1 These Terms may be executed in any number of counterparts, each of which when executed and delivered shall constitute a duplicate original, but all the counterparts shall together constitute the one agreement.
26.2 No counterpart shall be effective until each party has executed and delivered at least one counterpart.

27. THIRD PARTY RIGHTS

No one other than a party to these Terms their successors and permitted assignees, shall have any right to enforce any of its terms.

28. GOVERNING LAW

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

29. JURISDICTION

Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or its subject matter or formation (including non-contractual disputes or claims).