TAMARA’S PHOTOGRAPHY - OUR TERMS
1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods, services or digital content.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products and services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are Tamara van der Velden, trading as Tamara’s Photography, a sole trader. Our address is 27 Wilmot Way, Banstead, Surrey SM7 2PZ.
2.2 How to contact us. You can contact us by telephoning 07989 948946 or by writing to us at: [email protected]
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 How we will accept your order. Once you have contacted us with your order, we will email you to confirm availability for photo shoot dates, or estimated delivery dates for products, and details of how to make payment. Our acceptance of your order will take place after you have made payment for the order and we have emailed you with an agreed date or dates, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this. This might be, for example, because the session dates you have selected are not available at the time you place your order. If, after your order has been accepted pursuant to paragraph 3.1 above, we cannot fulfil your order because, for example, we have made a double booking for your session in error or , because we have identified an error in the price or description of the products or services or because we are unable to meet a delivery deadline you have specified, we will refund you in full for products or services you have ordered and paid for, but which we are unable to provide.
3.3 We only sell to the UK. Our website is intended for the promotion of our products and services in the UK. If, however, you wish to place an order from or ask us to deliver to addresses outside the UK, please contact us for further details.
4. OUR PRODUCTS
4.1 Products may vary slightly from their pictures. The images of the products on our website, and products within our studio or provided or shown to you as samples, are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours (or that images you print) accurately reflect the colour of the products, nor that the colour or shape of products, such as a hand or foot cast will be identical to any sample products we may provide to you or show you. Your product may vary slightly from those images and samples.
4.2 Product packaging may vary. The packaging of the product may vary from that shown, if any, in images on our website.
5. YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the products or services you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product or service, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8- Your rights to end the contract). However, please note clauses 8.5(a) and (b) below.
NB: Terms specific to newborn photo shoots. At the time of making the booking, you will inform us of the anticipated due date for the birth of the baby and we will inform you of our availability to suit those dates. Once we have confirmed to you our availability around those dates, and upon receipt of payment in full for the photo shoot, we will make a note of the due date. You should confirm to us the actual date of birth as soon as possible once the baby has been born so that we can confirm a date for the photo shoot. It is your responsibility to inform us no later than 3 days prior to the date of the confirmed photo shoot once you have informed us of the baby’s actual date of birth, if you wish to cancel the photo shoot, failing this no refund will be given. If, in the unfortunate circumstances of your baby’s death following birth, we will refund to you in full any monies paid to us for the photo shoot.
6. OUR RIGHTS TO MAKE CHANGES
6.1 Minor changes to the products and services. We may change the products or services:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements.
6.2 Hand and foot casts. Due to the delicate nature of the process in providing hand and foot casts, the process can occasionally go wrong and replacement casts may need to be taken. The cost of the replacement casts are free of charge provided that the session for re-casting is completed within 14 days of the date on which we notify you that the cast will need to be retaken.
6.3 Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.
7. PROVIDING THE PRODUCTS AND SERVICES
7.1 Delivery costs. Unless otherwise agreed, all products are to be collected by customers from our studio, as set out in clause 2.1 above, at a time to be arranged in advance with us. If you require products to be delivered to you, the costs of delivery are payable by you in advance of delivery. Please contact us to discuss costs if you wish for us to arrange delivery on your behalf. Alternatively, if you wish to arrange for a third party, such as a courier, to collect on your behalf, please liaise with us prior to doing so we can ensure someone will be available to hand over your products at the time of collection. Where you have asked us to deliver products to you, or you have arranged for collection by a third party, we will not accept any responsibility for any damage or loss occurring to the products during delivery, or from the time of collection from our studio and it is your responsibility to arrange to have appropriate insurance in place to cover any damages or losses which may arise.
7.2 When we will provide the products and services.
(a) For images taken during your photo shoot, edited images will be made available for online viewing only within 2-4 weeks from the date of the photo shoot. In the case of a photo shoot package, minimum purchase requirements for the previous session will need to be met before each subsequent image gallery is released (see paragraph 12.1(c) below). You may view the images online for a period of 7 days from the date on which we notify you that your images are available for online viewing so that you can choose which images and related products you would like to order from us, as well as specifying quantity, size, etc. Whilst we make every effort to provide a selection of between 40-60 images from your photo shoot for online viewing, we cannot guarantee the total number of images which will be made available. After the 7 day period has expired, or following receipt of your order (whichever is the earlier), the images will be taken offline. If you wish for the images to be made available after this time for a further 7 day period (or until your order has been placed, whichever is the earlier), at our sole discretion, we may charge a further fee of £25 for such period. You are not permitted to use the images in your online gallery other than viewing for the purpose of selecting which images and related products you would like to order from us. You are responsible for keeping confidential any password required to access your online gallery. We accept no responsibility for unauthorised access to, or use of, your online gallery where you have either shared the password with other parties, or failed to take appropriate measures to keep such password confidential. All images, except those we retain for promotional and advertising purposes (see clause 14.1(c) below) will be deleted after 2 months from the date such images are first made available for your online viewing.
(b) For photographs, albums and related products, hand and foot casts, we will contact you with an estimated delivery date which, subject to clause 7.3 below, will be within 30 days after the day on which we accept your order, unless otherwise agreed in writing between us. You should contact us a week before the estimated delivery date so that we can confirm the delivery date with you. It is your responsibility to select the correct images, size and layout from the online photo gallery. We take no responsibility for any errors made by customers when selecting images for their order. If you have ordered an album from us, we will provide you with a PDF to view your album which will be available within 30 days from the date of your order for you to confirm to us the lay out of the album before we proceed to print a physical copy of the album. You may view the PDF for a period of 7 days from the date on which we email you the PDF and may, at no extra charge, request that the layout for no more than 5 pages from the album is changed before we proceed to print a physical copy of the album. For any layout changes over and above the initial 5 pages, we reserve the right to charge an extra £25 per changed page. After the 7 day period has expired, or beforehand if you have already confirmed to us your approval of the album, and if you have not informed us of any changes during this period, we will proceed to print your album in the same form as originally presented to you in your PDF. If you require any changes to your album after having confirmed to us your approval of the layout of your album, and provided that these changes are requested before we submit the album for printing, you will be charged an extra £25 per page for any changes.
(c) If the products are one-off services, such as our one day photography courses, or one-off photo shoots. We will provide the services on the date set out in the order.
(d) If the product is a one-off purchase of digital content, such as our online photography courses. We will make the digital content available for download by you as soon as we accept your order and receive your payment. This content will be made available for download for a period of 30 days from the date of purchase. If you have not downloaded the content during this 30 day period, at our sole discretion, we may charge a further fee of £25 to make the content available to you for download.
(e) If the products are ongoing services, such as block photography courses or photography session packages. We will supply the services on the dates set out in the order or, where we rely on you to provide us with confirmation of the dates (for example, for newborn shoots, as set out above at clause 5), on the dates we agree with you. All photo shoots purchased as part of a photo shoot package must be booked to take place within 14 months from the date of purchase. Any remaining untaken photo shoots not booked within 14 months from the date of purchase will expire at the end of this 14 month period. If you wish to reschedule any untaken photo shoots after this 14 month period, you will be required to pay the full fee for such shoot at the current price list, which may have increased since the date on which you initially purchased the photo shoot package.
7.3 We are not responsible for delays outside our control. If we have to cancel a photo shoot or course as a result of, or our supply of the products or services is delayed by, an event outside our control (such as adverse weather conditions for outside photo shoots, or illness of the photographer) then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay, although please note that, in particular because of the uncertainty of weather conditions, we may not be able to notify you earlier than one hour before the scheduled photo session is due to take place. Provided we do this we will not be liable for delays caused by the event, and we will arrange a time with you for the rescheduled photo shoot. If there is a risk of substantial delay as a result of something we have done or omitted to do, you may contact us to end the contract and receive a refund for any products and services you have paid for but not received. Note that if is your responsibility to turn up for your photo shoot at the time allocated to you. If you are late for any reason, it may not be possible to see you for the full time allocated to the photo shoot, and we accept no responsibility in such circumstances.
7.4 Collection by you. If you have asked to collect the products from our studio, you can collect them from us at any time which is pre-arranged between us. Collection must be made within 30 days from the date on which we inform you that the products are available for collection, failing which we may dispose of such items without any liability to you. It is your responsibility to check that the products are in conformity with your order and, if not, to raise any issues with us at the time, before you remove the products from our studio.
7.5 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, depending on the means of delivery you have chosen, you may be left with a note informing you of how to rearrange delivery or collect the products from a local depot. You should check with the courier company you have chosen as to what procedures they take in such circumstances.
7.6 If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 will apply.
7.7 If you do not allow us access to provide services. If you do not allow us access to your property to perform the services as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and clause 10.2 will apply.
7.8 Your legal rights if we deliver goods late. Subject to clause 7.2 and 7.3 above, you have legal rights if we deliver any goods or services late. If we miss the delivery deadline for any goods or services then you may treat the contract as at an end straight away if any of the following apply:
(a) we have refused to deliver the goods, or to provide the services;
(b) delivery, or provision of the services, within the delivery deadline was essential (taking into account all the relevant circumstances); or
(c) you told us before we accepted your order that delivery within the delivery deadline was essential.
7.9 Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 7.8, you can give us a new deadline for delivery, or for provision of the services, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
7.10 Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under clause 7.8 or clause 7.9, you can cancel your order for any of the goods or services, or reject goods that have been delivered or services that have not been provided. If you wish, you can reject or cancel the order for some of those goods or services (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled goods or services and their delivery. If the goods have been delivered to you, you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call us on 07989 948946 or email us at: [email protected] to arrange collection.
7.11 When you become responsible for the goods. A product which is goods will be your responsibility from the time you collect the product from us, or a third party, such as a courier collects it from us for delivery to you or elsewhere on your behalf.
7.12 When you own goods. You own a product which is goods once we have received payment in full.
7.13 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products and services to you, If so, this will either have been stated in the description of the products and services on our website, or we will inform you of this in advance. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products or services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.14 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product or service to:
(a) deal with technical problems or make minor technical changes;
(b) update the product or service to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the product or service as requested by you or notified by us to you (see clause 6).
7.15 Your rights if we suspend the supply of products or service. We will contact you in advance to tell you we will be suspending supply of our products and services, unless the problem is urgent or an emergency. You may contact us to end the contract for a product or service if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 2 months and you will be able to order alternative products or services from us to the value of the products and services for which you have paid but not received, and to pay any difference to us if the value is greater than that which you have paid. If we cannot provide you with an alternative product or service, we will refund any sums you have paid in advance for the product or service in respect of the period after you end the contract.
7.16 We may also suspend supply of the products and services if you do not pay. If you do not pay us for the products and services when you are supposed to (see clause 12.312.4) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the products and services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products and services. We will not suspend the products and services where you dispute the unpaid invoice (see clause 12.512.6). As well as suspending the products and services we can also charge you interest on your overdue payments (see clause 12.412.5).
8. YOUR RIGHTS TO END THE CONTRACT
8.1 You may be able to end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 11;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
(c) For services, such as photo shoots and photography courses, if you have just changed your mind about the service, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;
(d) In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.6.
8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products or services which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the product or service or these terms which you do not agree to (see clause 6);
(b) we have told you about an error in the price or description of the product or service you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the products or services may be significantly delayed because of events outside our control;
(d) we have suspended supply of the products or services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 2 months; or
(e) you have a legal right to end the contract because of something we have done wrong.
8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products and services bought online you have a legal right to change your mind within 14 days and receive a refund. However, because of the bespoke nature of most of our products including, but not limited to, hand and foot casts and framed photos, you do not have the right to change your mind once your order has been placed. Where you do have the right to change your mind, these rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.4 When you don't have the right to change your mind. You do not have a right to change your mind in respect of:
(a) bespoke products and services made to your order;
(b) digital products after you have started to download or stream these;
(c) services, once these have been completed, even if the cancellation period is still running.
8.5 How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.
(a) Have you bought services (for example, a photo shoot or photography course)? If so, you have 14 days after the day we email you to confirm we accept your order, but no later than 7 days prior to the date of the photo shoot or commencement of the course, or no later than 3 days prior to the date of the photo shoot for newborn photo shoots (see clause 5 above). However, once we have completed the services you cannot change your mind, even if the period is still running. This is also applicable to photo shoot packages, i.e. once the first session has been completed you cannot change your mind – you may cancel the photo shoot but you will not be refunded for any remaining untaken shoots. If you cancel less than 7 days prior to the date of the photo shoot, or less than 3 days prior to the date of the photo shoot for newborn photo shoots (unless you have notified us of any date changes pursuant to clause 5 above), no refund will be provided.
(b) Have you bought digital content for download or streaming (for example, photographs or our online photography course)? if so, you have 14 days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading or streaming. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.
8.6 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 8.1), you can still end the contract before it is completed, but you will not be provided with a refund. A contract for goods or digital content is completed when the product is delivered, downloaded or streamed and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know.
9. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by calling us on 07989 948946 or emailing us at: [email protected]
Please provide your name, home address, details of the order and, where available, your phone number and email address.
9.2 When we will pay the costs of return. We will pay the costs of return:
(a) if the products are faulty or misdescribed; or
(b) if you are ending the contract because you have a legal right to do so as a result of something we have done wrong. In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
9.3 What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.
9.4 How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
9.5 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
(c) Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
9.6 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
(a) If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us.
(b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind
10. OUR RIGHTS TO END THE CONTRACT
10.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due and you still do not make payment within 5 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products or services, for example, for newborns, the anticipated date of birth of the child;
(c) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us as specified; or
(d) you do not, within a reasonable time, allow us access to your premises to supply the services.
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1, no refunds will be provided.
10.3 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least 7 days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
11. IF THERE IS A PROBLEM WITH THE PRODUCT
11.1 How to tell us about problems. If you have any questions or complaints about the products or services, please contact us. You can telephone us on 07989 948946 or email us at: [email protected]
11.2 Summary of your legal rights. We are under a legal duty to supply products and services that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the products and services. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your product is goods, for example hand and foot casts, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected life of your product your legal rights entitle you to the following:
· up to 30 days: if your item is faulty, then you can get a refund.
· up to six months: if your faulty item can't be repaired or replaced, then you're entitled to a full refund, in most cases.
· up to six years: if the item can be expected to last up to six years you may be entitled to a repair or replacement, or, if that doesn't work, some of your money back.
If your product is digital content, for example photographs, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
· if your digital content is faulty, you're entitled to a repair or a replacement.
· if the fault can't be fixed within a reasonable time, or without causing you significant inconvenience, you can get some or all of your money back
· if you can show the fault has damaged your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation
If your product is services, for example photography courses, the Consumer Rights Act 2015 says:
· you can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.
· if you haven't agreed a price upfront, what you're asked to pay must be reasonable.
· if you haven't agreed a time upfront, it must be carried out within a reasonable time.
11.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to us, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call us on: 07989 948946 or email us at: [email protected] to arrange collection.
12. PRICE AND PAYMENT
12.1 Where to find the price for the products and services.
(a) The price of our products and services are shown on the Pricing page on our website and will be detailed in your order, with details of re-publishing fees set out at clause 7.2 below. We reserve the right to amend our pricing at any time and without notice to you, except that no increases will be made to the pricing (other than for additional expenses such as travel costs) once you have confirmed your booking and made payment in full for the products or services. We take all reasonable care to ensure that the price of the product or service advised to you is correct. However please see clause 2 for what happens if we discover an error in the price of the product or service you order. with details of re-publishing fees set out at clause 7.2 below.
(b) Discounts for photos and other products ordered from your online gallery are only applicable during the first 7 day viewing period, or earlier if you place your order for products before the end of such 7 day period. If you ask us to re-publish your online gallery after this time, any previous discounts offered will not be valid unless otherwise agreed by us in writing.
(c) Minimum prices for products ordered following your photo shoot are £225 per photo shoot, unless otherwise specified on our Pricing page. If you order a photo shoot package, unless otherwise agreed by us in writing, you must pay 50% of the full package price at the time of booking your shoot, with the remaining 50% balance to be paid in full prior to the date of your first photo shoot.
(d) If you ask us to bring a date for delivery or performance forward from that which has been agreed between us, we reserve the right to make an additional charge for doing so, which charge will be informed to you prior to us delivering the product or performing the service. Any requests for bringing dates for delivery or performance forward are subject to availability and cannot be guaranteed.
12.2 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
12.3 When you must pay and how you must pay. We accept payment by electronic bank transfer and by PayPal. There is an additional charge of 4% when using PayPal. At the time you submit your order, we will provide you with details of how to make payment. When you must pay depends on what product you are buying:
(a) For photo shoots, the session fee is payable at the time you make the booking. Your photo shoot will not be reserved, and the date of your proposed photo shoot will remain open to other customers, until we receive payment from you in full for the photo shoot.
(b) For photos, hand and foot casts, and related goods, such as wall art, framed photographs, prints, albums, desk products, canvasses, and gift vouchers you must pay for the products in full before we process your order. Gift vouchers remain valid for a period of 12 months from the date of issue only.
(c) For digital content, such as online photography courses, you must pay for the products or services before you download them, or before we send them to you, in the case of course content made available on other physical media such as USB sticks.
(d) For services, such as photography courses at our premises or in your home or elsewhere, you must pay for the course in full at the time of making the booking. In the event that, prior to the course being provided, we do not have a minimum of three course attendees, we will inform you in advance and will reschedule the course to another date(s). If you are unable to attend the course on the rescheduled dates, we will either refund you any course fees paid or you may ask us to apply the fees to any of other products or services.
(e) For travel costs and any additional charges, such as makeover and styling, parking costs, and location entrance fees you must pay for these costs at the time you make your booking or, if not practical to do so in advance, within 7 days of notification from us of the charges incurred by us. Unless otherwise agreed with us in writing in advance, you will be responsible for making any booking with the applicable venue or location and for checking any restrictions with them, and informing us of these, prior to the photo shoot.
12.4 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 2% a year above the base lending rate of Barclays Bank from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
12.5 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know and we will not charge you interest until we have resolved the issue.
13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
13.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer, subject to clause 13.5 below, that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 11.2; and for defective products under the Consumer Protection Act 1987.
13.3 When we are liable for damage to your property. If we are providing services in your property, subject to clause 13.5 below, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services. We reserve the right to refuse to provide the services in your property, or other location (if you have chosen an alternative location) if, in our reasonable opinion, it would be unsafe to do so, in which event, no refund will be given.
13.4 If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation, subject to clause 13.5 below. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
13.5 Our liability to you is capped. Our liability to you in any circumstances whatsoever, whether in contract, tort, statute or otherwise; and howsoever caused, for loss or damage arising from or in connection with these terms and conditions shall be limited to the amount of money you have paid to us, subject to clause 13.2 above.
14. HOW WE MAY USE YOUR PERSONAL INFORMATION
14.1 How we will use your personal information. We will use the personal information you provide to us:
(a) to supply the products and services to you;
(b) to process your payment for the products and services;
(c) to promote and advertise our products and services, for example, displaying images taken during your photo shoot on our website and social media sites, in brochures, and magazine articles but you may ask us to take down these images at any time by contacting us. For any images of children taken during your photo shoot, you confirm that you are the parent of that child and consent to our use of these images for promotional and advertising purposes; and
(d) to give you information about similar products and services that we provide, but you may stop receiving this at any time by contacting us.
14.2 We may use third parties to assist us in providing you with the products and services, for example, when submitting your online booking. Such third parties will not use your personal data for any purposes other than those specified in clause 14.1(a) and (b) above. In all other cases, we will only give your personal information to third parties where the law either requires or allows us to do so.
15. OTHER IMPORTANT TERMS
15.1 Artistic licence. For photo shoots and for images made available in any online viewing gallery, you hereby grant us the right to use our discretion and judgment as to the images taken including, without limitation, use of lighting, backdrops, and poses, as well as aspects for prints, reprints and enlargements. Whilst we make every effort to take into account your reasonable instructions as to the shots taken, we cannot guarantee that a particular shot will be taken, nor that any specific backdrops, location or group arrangement will be included, or that an image may not be affected by cropping. Where your photo shoot is held at a location other than our studio, we do not accept responsibility for any restrictions specified by the owners or managers of the location. Due to the unpredictable and uncontrollable nature of the weather, and the limitations of equipment, such as digital sensors, colours for a photo shoot may vary from image to image for images taken during the same photo shoot.
15.2 Health and safety. You shall comply with all reasonable instructions we give to you, in particular regarding health and safety, either at our premises or elsewhere, and any failure by you (or anyone accompanying you) to follow our instructions shall be at your sole risk. Subject to clause 13 above, you shall at times remain responsible for your own health and safety, and that of anyone accompanying you, and for your and their personal belongings. You shall be responsible for the cost of any damages or breakages to our premises and/or any of our equipment, and any other premises or equipment (including your own) caused by you or anyone accompanying you.
15.3 Special requirements. If you have any special or medical requirements, please notify us in advance. Whilst we cannot guarantee that we can accommodate all requirements, we will use all reasonable endeavours to accommodate these requirements, where practical for us to do so and provided this does not require us to incur further costs.
15.4 16 years and over. By agreeing to these terms, you confirm that you are 16 years of age or older and that any child under 16 years of age attending our premises for a photo shoot or other services will be accompanied by a responsible adult over 16 years of age.
15.5 No recording. Neither you, nor anyone accompanying you, will film, take any photographs, or otherwise make any recording during a photo shoot. We reserve the right to cancel the photo shoot at any time if we know or suspect you or anyone accompanying you to be in breach of this clause. No refunds will be given in such an event.
15.6 Copyright. We retain all copyright (and any similar rights) and to any images taken. You may print copies of any images ordered from us for your personal use but you may not otherwise copy, or reproduce, modify, adapt or alter any images. Any use of images ordered from us other than for the products and services set out in your order are subject to our prior written permission.
15.7 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
15.8 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. Unless otherwise specified in the email confirming your order, the products and services are supplied to you for your personal use only. If you wish to use the products and services for any commercial purposes which shall include without limitation, publication in newspapers, magazines, or any other media you should seek our prior written consent before doing so and you may be subject to the terms of a separate commercial licence and additional fees.
15.9 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
15.10 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.11 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
15.12 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.