These terms and conditions are the contract between you and Focus Studio (Midlands) Limited, company registration number 07639753 (‘we’, ‘our’, ‘us’). They apply when you browse or buy from us through our Website.

Our address is 19 Waterloo Rd, Smethwick, B66 4JX.
 

1.Definitions
 

In this agreement:
 

‘Consumer’
 

means any individual who, in connection with this agreement, is acting for a purpose that is outside his or her business.
 

‘Content’
 

means the textual, visual or audio content that is encountered on our Website. It may include, among other things: text, images, sounds, videos and animations.

‘Products’
 

means any of the products we offer for sale on our Website, or, if the context requires, products we sell to you. It includes Specified Products.

‘Post’
 

means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on to our Website, and the phrases ‘Posted’ and ‘Posting’ shall be interpreted accordingly.
 

‘Specified Products’

‘Our Website’

means Products which have been subject to work or process to your specific order.

means this website and any other websites or webpages that we control, including those on social media platforms.
 

2.Interpretation
 

Unless the context clearly requires otherwise, the interpretation of this agreement shall be subject to the matters listed below.
 

1. A reference to one gender shall include any or all genders and a reference to the singular may be interpreted where appropriate as a reference to the plural and vice versa.
    

2. A reference to a person includes a human individual, a corporate entity and any organisation that is managed or controlled as a unit.
    

3. The headings to the paragraphs of this agreement are inserted for convenience only and do not affect the interpretation.
    

4. In the context of permission, ‘may not’ in connection with an action of yours, means ‘must not’.
    

5. Any agreement by either party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.
    

6. A reference to an act or regulation includes new law of substantially the same intent as the act or regulation referred to.
    

7. In any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party.
    

3.Our contract with you
 

1. This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.
    

2. Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty, information or document or other term not forming part of this agreement.
    

3. If you use our Website in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.
    

4. Because we rely on our suppliers and partners, we do not guarantee that Products advertised on our Website are available until we have accepted your order.
    

5. We may change these terms from time to time. The terms that apply to you are those posted on our Website on the day you order Products.
    

6. The price of any Product may be changed at any time. We will never change a price so as to affect the price charged to you at the time when you buy that Product.
    

7. These terms and conditions apply to all supplies of Products by us to you ordered through our Website. They prevail over any terms proposed by you.
    

8. If in future, you buy Products from us under any arrangement that does not involve your payment through our Website, these terms still apply so far as they can be applied.
   
    

4.Acceptance of your order
 

1. This paragraph applies to Products that you buy from us as advertised, without change to your specific requirements.
    

2. Your order is an offer to buy from us.
    

3. Nothing that we do or say will amount to any acceptance of your offer until we actually dispatch the Products to you. At any point up until then, we may decline to supply the Products to you without giving any reason.
    

4. If we do not have all of the Products you order in stock, we will offer you alternatives. If this happens you may:
    

   1. accept the alternatives we offer; or
       

   2. cancel all or part of your order.
       

5.Prices
 

1. The price of each Product is shown on our Website.
    

2. It is possible that a price may have increased since being Posted on our Website. If that happens, we will not dispatch the Product until you have confirmed that you wish to buy at the new price.
    

3. Prices include UK value added tax. If you show by your delivery address that you reside outside the United Kingdom, VAT will be deducted at the payment point.
    

6.Payment
 

1. If, by mistake, we have under-priced a Product, we will not be liable to supply that Product to you at the stated price, provided that we notify you before we dispatch it to you.
    

2. The price of a Product does not include the delivery charge that will be charged at the rates applicable at the date you place your order and that will be displayed on a page of our Website before we ask you to pay.
    

3. If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 14 days from the date when we accept that repayment is due.
    

7.Security of your credit card information
 

Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
 

8.Cancellation and refunds
 

1. The following rules apply to cancellation of your order:
   
   If you have ordered a Product but not received it, then you may cancel your order without giving a reason, at any time within 14 days of your order. You will have no obligation and we will return your money.
   
   If you have ordered a Product and received it, then you may cancel your order at any time within 14 days of the date you received it. You must tell us that you wish to cancel. You must also send the Product back to us within that same 14 day period
   
   We will return your money subject to the following conditions:
   
   We receive the Product in a condition in which we can re-sell it at full price, in new condition, with labels and packaging intact.
   
   You comply with our procedure for returns and refunds.
    

2. The option to cancel your order is not available if:
    

   1. the Product is a Specified Product;
       

   2. if the Product is a hard medium for a product in soft copy, which comes to you sealed and is returned to us unsealed; and
       

   3. if the Product is mixed with other products so that we cannot identify or easily separate it.
       

3. You are responsible for the cost of returning the Product. We have no obligation to refund your cost of re-packing and of returning the Product.
    

4. In any of the above scenarios, we will return your money within 14 days.
    

9.Liability for subsequent defects
 

1. Please examine each Product received from us immediately when you receive it. If you do not tell us of any defect or problem within 30 days of receipt, then we shall assume that you have accepted it.
    

2. We will return your money subject to the following conditions:
    

   1. the Product must be returned to us as soon as any defect is discovered but not later than six months from receipt by you;
       

   2. we receive the Products with labels and packaging intact;
       

   3. you comply with our returns procedure; and
       

   4. you tell us clearly about the fault you complain of, when it first became apparent, and other information to enable us to identify or reproduce it.
       

3. If any defect is found, then we shall:
    

   1. repair or replace the Product; or
       

   2. refund the full cost you have paid including the cost of returning the Product.
       

10.Delivery
 

1. Products are delivered within 30 days from the day you place an order to purchase the Products.
    

2. Delivery of Products will be made by the carrier to the address stipulated in your order. You must ensure that someone is present to accept delivery.
    

3. If we are not able to deliver your Products within 30 days of the date of your order, we shall notify you by e-mail to arrange another date for delivery.
    

4. We may deliver the Products in instalments if they are not all available at the same time for delivery.
    

5. Products are sent at our risk until signed for by you or by any other person at the address you have given to us unless you have instructed us in the order process that you wish us to leave the Products without an acceptance signature.
    

6. Products are sent by post. We will send you a message by email to tell you when we have despatched your order.
    

7. If we agree with you to deliver on a particular day or at a particular time, we will do our best to comply. But no time given is to be treated as contractual. So we are not liable to you for any expense or inconvenience you incur on account of delayed delivery or non-delivery.
    

8. Some Products may be delivered direct from a manufacturer or a partner who will contact you to arrange delivery. When delivery of the Products has been arranged directly with the manufacturer or partner, you will be subject to their delivery policy.
    

9. Time for delivery specified on the order, if any, is an estimate only and time shall not be of the essence.
    

11.Waste Electronic and Electrical Equipment Regulations 2013
 

1. Our obligation is to take back from you any electronic or electrical product free of charge when you buy a replacement product for similar use.
    

2. If you wish to take advantage of this service, you must return your waste item within 28 days of buying your new one. You must pay the carriage cost to us.
    

12.Security of our Website
 

You now agree that you will not, and will not allow any other person to:
 

1. modify, copy, or cause damage or unintended effect to any portion of our Website;
    

2. collect or use any information obtained from or about our Website or the Content, including product listings, descriptions, or prices, except as intended by this agreement; and
    

3. aggregate, copy or duplicate in any manner any of the Content or information available from our Website, other than as permitted by this agreement or as is reasonably necessary for your use of our Website.
    

13.Use of intellectual property
 

We assert our rights to the intellectual property that forms this website. This includes text and images owned by us, as well as the design of every page.
 

Concerning this intellectual property, you agree to the following:

1. you will not do anything that might reduce the value of it or that might challenge our ownership of it;
    

2. you will notify us of any suspected infringement; and
    

3. you will not copy, republish or make any change to any of it, except in our interest or with our explicit permission.
    

14.Disclaimers
 

1. All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
    

2. Our Website is provided “as is”. We make no representation or warranty that it will be:
    

   1. useful to you;
       

   2. of satisfactory quality;
       

   3. fit for a particular purpose; and
       

   4. available or accessible, without interruption, or without error.
       

3. We make no representation or warranty for:
    

   1. any implied warranty or condition as to merchantability or fitness of a Product for a particular purpose;
       

   2. the adequacy or appropriateness of a Product for your purpose.
       

4. You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 12 month period for the Product concerned.
    

5. We shall not be liable to you for any loss or expense which is:
    

   1. indirect or consequential loss; or
       

   2. an economic loss or other loss of turnover, profits, business or goodwill, even if such loss was reasonably foreseeable or we knew you might incur it.
       

6. This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies (who may enforce this provision under the Contracts (Rights of Third Parties) Act 1999, as well as to us.
    

15.Your account with us
 

1. You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Products.
    

2. If you use our Website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your computer.
    

3. You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.
    

16.Indemnity
 

You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:
 

1. your failure to comply with the law of any country;
    

2. your breach of this agreement;
    

3. any act, neglect or default by any agent, employee, licensee or customer of yours;
    

4. a contractual claim arising from your use of a Product; and
    

5. a breach of the intellectual property rights of any person.
    

17.Dispute resolution
 

In this paragraph the term ‘ADR Provider’ means an approved body under the Alternative Dispute Resolution for Consumer Dispute Regulations 2015.
 

The following terms apply in the event of a dispute between the parties:
 

1. If you are not happy with our services or have any complaint then you must tell us, either in person or by email.
    

2. If a dispute is not settled as set out above, we hope you will agree to attempt to resolve it by engaging in good faith with us in a process of mediation or arbitration.
    

3. We can propose an ADR Provider or will listen to your proposal.
    

18.Miscellaneous matters
 

1. When we communicate with you we may do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
    

2. Where we provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other goods or service for which a charge is made.
   Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service.
    

3. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
    

4. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
    

5. Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
    

6. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
    

7. Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail.It shall be deemed to have been delivered on the day of delivery If delivered by hand; or within 72 hours of posting if sent by post to the correct address.
    

8. This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
    

9. We shall not be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond our reasonable control.
    

10. In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
     

11. The validity, construction and performance of this agreement shall be governed by the laws of England and Wales and you agree that any dispute arising from it shall be litigated only in England.