OUR TERMS

INTERPRETATION

• Business Day: A day other than a Saturday, Sunday, or public holiday in England when banks in London are open for business.
• Contract: The contract between Us and You for the supply of Goods and Services in accordance with these Terms and those set out in the Order.
• Event Outside Our Control: An event or circumstance beyond Our reasonable control, including (without limitation) the non-availability of labour, equipment, or power; weather conditions; or matters outside Our practical control.
• Goods: Photographic prints, wall art (including but not limited to frames, canvas and acrylics), discs, USB sticks, CDs, DVDs or other devices upon which digital media may be recorded, digital files or downloads, and printed albums which We agree to provide to You as set out in the Order.
• Intellectual Property Rights: Copyright and related rights, moral rights, rights to use, and all other intellectual property rights, whether registered or unregistered, including applications and rights to apply for and be granted renewals or extensions of such rights, and all similar or equivalent rights or forms of protection subsisting now or in the future in any part of the world.
• Loss: All liabilities, costs, expenses, damages, and losses (including but not limited to 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 professional costs and expenses).
• Order: Your order for the supply of Goods and Services.
• Price: The price You will pay for the Goods and Services.
• Production: Includes any editing or retouching of images as well as the manufacture of physical products.
• Quotation: Any quotation, estimate, or tender from Us to You in writing for the provision of the Goods and Services.
• Services: The Photography services We will provide to You as set out in the Order.
• Terms: The terms and conditions set out in this document (as amended from time to time in accordance with clause 10.1).
• We/Our/Us: Neil Coomber-Webb T/A Thetford Photography, Keystone Enterprise Factory, 39 Brunel Way, Thetford, Norfolk IP24 1HP.
• You/Your: The party entering into the Contract as more specifically identified in the Order.

1.1 “Writing” includes emails. When We use the words “writing” or “written” in these terms, this includes emails.

OUR CONTRACT WITH YOU

2.1 These Terms and those contained in the Order are the terms upon which We agree to contract with You for the provision of the Goods and Services.

2.2 Please read these Terms carefully before You submit Your Order to Us. If You think there is a mistake or require any changes, please ensure You ask for them to be put in writing prior to returning Your Order.

2.3 A Quotation does not constitute an offer by Us to supply the Goods and Services.

2.4 By confirming acceptance of Our Quotation (whether in writing, by telephone, or any other means), You shall be deemed to be making an offer to purchase the Goods and/or Services from Us.

2.5 Your Order for Goods and/or Services will only be accepted by Us when We issue You with an acceptance of Your Order. Our acceptance of Your Order will take place when We either call, write, or email You and expressly confirm acceptance of Your Order, at which point a contract will come into existence between You and Us.

2.6 If We are unable to supply You with the Goods and/or Services for any reason, We will inform You of this in writing and will not accept Your Order. If You have made any payment in advance of commencement of the supply of the Goods and/or Services, We will refund You in full as soon as reasonably possible.

2.7 Our website, catalogue, and brochure are solely for the promotion of Our goods and services in the UK. Any prices or information relating to the Goods and Services that We offer are for illustration purposes only and shall not form part of any contract We enter into with You.

YOUR RIGHTS TO MAKE CHANGES

3.1 If You wish to make a change to the Goods and/or Services You have ordered, please contact Us. We will let You know if the change is possible. However, this is not always possible, particularly if Production of Your Goods has already started by the time a change has been requested, since most of our Goods are bespoke and personal to You. If a change is possible, We will let You know about any changes to the price of the Goods and Services, 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.

3.2 If You wish to change the scheduled date of a photoshoot, You must provide Us with a minimum of 3 days’ notice. We shall notify You of our alternative dates of availability as soon as reasonably practicable. A failure to provide the requisite notice may result in any booking deposit being forfeited.

OUR RIGHTS TO MAKE CHANGES

4.1 We may change the Goods and Services to reflect changes in relevant laws and regulatory requirements.

4.2 In addition to those changes set out in clause 4.1, We may make changes to these Terms or the Goods and/or Services, but if We do so, We will notify You (“Change Notice”). You must notify Us if You do not agree to the proposed changes within 5 Business Days of receipt of the Change Notice (“Rejection Period”). Should You fail to notify Us of any rejection of the proposed changes within the Rejection Period, You will be deemed to have accepted such changes, and the changes will become binding upon You and form part of the Contract.

PROVIDING THE GOODS AND SERVICES

5.1 We will begin providing the Services at the start of the photoshoot and, unless otherwise agreed by Us, the resulting photo viewing session must take place within 30 days thereafter, failing which We shall be entitled to delete any images arising from the photoshoot without refund of any monies paid, and the contract between Us and You will come to an end.

5.2 Without prejudice to clause 5.1 and provided a viewing session takes place within 30 days, We will take reasonable steps to ensure that all images will be electronically stored for a minimum of 2 weeks thereafter (or such longer period as We may agree with You). However, whilst We use all reasonable endeavours to securely store and back up all image files, We shall not be liable for any damage, corruption, or data loss that might occur outside of Our control.

5.3 We will make the Goods available for collection from Our premises within 21 days of the Goods being ordered by You, or We will contact You to agree an alternative collection date. You can collect the Goods from Us at any time during Our working hours on weekdays (excluding public holidays) and Saturdays, but You are advised to contact Us in advance to ensure that We have no conflicting appointments or are not closed.

5.4 The Goods will be Your responsibility from the time You collect them from Us. You will own the Goods once We have received payment in full.

5.5 If We are delayed by an Event Outside Our Control, We will contact You as soon as possible to let You know and will take steps to minimise the effect of the delay. Provided We do this, We will not be liable for delays caused by the Event Outside Our Control, but if there is a risk of substantial delay (being a delay of more than 10 Business Days), You may, if We have yet to commence the supply of the Services, contact Us to end the Contract and receive a refund for Services You have paid for but not received.

5.6 If You do not pay Us when You are supposed to and You still do not make payment within 5 Business Days of Us reminding You that payment is due, We may terminate or suspend the supply of the Goods and/or Services until You have paid Us the outstanding amounts. We will contact You to inform You of the termination or suspension of the supply of the Goods and/or Services. We can also charge You interest on Your overdue payments (see clause 7.5).

ENDING THE CONTRACT

6.1 You are entitled to cancel Your Contract with Us if: 6.1.1 We have told You about an error in the Price or description of the Goods or Services and You do not wish to proceed; 6.1.2 There is an Event Outside Our Control and We are delayed in providing the Services for more than 20 Business Days; or 6.1.3 You have a legal right to end the Contract because of something We have done wrong. If You notify Us that You wish to end the Contract in accordance with this clause 6.1, the Contract will end immediately and We will refund You in full for any Services for which You have paid and which have not yet been provided.

6.2 Save where You are entitled to end the Contract in accordance with clause 6.1, You do not have the right to change Your mind and end the Contract in respect of: 6.2.1 The Services, once these have commenced; or 6.2.2 The Goods ordered, which are clearly bespoke and personalised for You.

6.3 To exercise Your right to cancel or suspend the Contract with Us, You must let Us know by contacting Us on 01842 267567 or by emailing Us at hello@thetfordphotography.co.uk and provide Us with a clear statement of Your intention.

6.4 If a refund is due, We will refund You by the method You used for payment.

6.5 We may end the Contract at any time by writing to You if: 6.5.1 You do not make any payment to Us when it is due and You still do not make payment within 5 Business Days of Us reminding You that payment is due; or 6.5.2 You are in breach of Contract.

PRICE AND PAYMENT

7.1 The Price shall be as set out in Your Order and (save as set out in clause 7.2) shall be payable as follows: 

7.1.1 50% of the Price is payable on the date of the Order; 7.1.2 The balance shall be payable in full on or before the Collection Date; and 7.1.3 Payment for any additional Goods (not specified in the Order) requested by You must be made at the time of order.

7.2 If the rate of VAT changes between the date We confirm acceptance of Your Order and the date We supply the Goods and/or Services, We will adjust the rate of VAT that You pay, unless You have already paid for the Goods and/or Services in full before the change in the rate of VAT takes effect.

7.3 It is always possible that, despite Our best efforts, some of the Goods We sell may be incorrectly priced. If We accept and process Your Order where a pricing error is obvious and unmistakable and could reasonably have been recognised by You as a mispricing, then We may end the Contract and refund You any sums You have paid for Goods which have yet to be provided.

7.4 We accept payment by cash, cheque, bank transfer, and credit/debit card.

7.5 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 the Bank of England 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.

LIEN

8.1 Where You fail to make payment of any fees when due, We reserve the right to retain and keep hold of the Goods in Our possession until all outstanding fees and costs are paid in full. This right is known as a lien.

SOCIAL MEDIA

9.1 Any reproduction of the images supplied by Us on Social Media (including but not limited to Facebook, Twitter, Snapchat, Instagram, and WhatsApp) by You, will include a notice identifying Us as the Photographer and owner of the relevant copyright. 9.2 No image shall be reproduced on social media save in accordance with any licence to do so granted by Us. Any unauthorised reproduction on social media shall amount to a breach of copyright.

INTELLECTUAL PROPERTY

10.1 We retain all Intellectual Property Rights in all Goods and Services We supply. Accordingly, all copyright in photographs supplied by Us, remains vested in Us. 

10.2 Subject to condition 10.3 below, all negatives and/or digital files shall remain Our sole property at all times. 

10.3 If You have purchased Goods from Us in digital format (including discs, USB sticks, CD/DVD or digital files/downloads), We hereby grant You a revocable, royalty-free licence to reproduce Images supplied to You for Your own personal usage only. No permission is granted whatsoever for any commercial or business use of any image or digital file created or provided by Us, including (but not limited to) use on commercial or business social media sites, unless expressly agreed in writing by Us as part of any Order. 

10.4 Any use of the images otherwise than in accordance with 10.3 shall amount to a breach of copyright and may result in Us withdrawing the licence granted to You forthwith and Us taking legal action against You and/or any person considered to be in breach of copyright as a result thereof.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

11.1 We are under a legal duty to supply the Goods and Services in conformity with the Contract. For further detailed information on Your rights, please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

11.2 If We fail to comply with these Terms and those set out in the Order, We are only responsible for loss or damage You suffer that is a foreseeable result of Our breaking the Contract or Our failing to use reasonable care and skill. 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 prior to placing Your Order.

11.3 Our liability to You for any Loss You suffer in accordance with clause 11.2 shall be limited to the Total Price of the Order.

11.4 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 or the negligence of Our employees, agents, or subcontractors; for fraud or fraudulent misrepresentation; or for breach of Your legal rights in relation to services being supplied with reasonable skill and care.

11.5 We are not liable or responsible for any Loss You suffer: 

11.5.1 Where You are found to be in breach of any provision of the Contract; 

11.5.2 That is not foreseeable at the time You enter into the Contract (including but not limited to loss of profits that You may have made, loss of use, or loss of enjoyment); 

11.5.3 After the Goods have become Your responsibility (either in accordance with 5.3 or otherwise) as a result of damage including, but not limited to, any digital file or download being corrupted, lost, or damaged for whatever reason, including, but not limited to, loss or corruption of data caused by the user, viruses, computer errors, etc.; 

11.5.4 Where You have insurance to cover such Loss and You are able to recover such Loss from the insurer.

11.6 All Goods (including digital files) shall be checked and approved by You (or an agent acting on Your behalf) at the point of collection. Acceptance and payment for the Goods (including digital files) shall be taken as confirmation by You (or the agent acting on Your behalf) that the said Goods (including digital files) are complete, of satisfactory quality, and in accordance with the Order and, in the case of digital files/media/downloads, are free from any corruption, data errors, viruses, or any other defects.

11.7 Data held by Us confirming successful download by You of any digital file from any website or internet portal that is hosted or created by Us shall be taken as conclusive evidence that such digital file has been successfully downloaded by You.

11.8 Without prejudice to 11.6, You must notify Us in writing of any claim that You may have for damage to Goods (including corruption of digital files/media/downloads) within 2 Business Days of collection of the Goods (or within 2 Business days of download in the case of files downloaded from any website or internet portal hosted or created by Us). We shall not be liable for any Loss as a result of claims not notified to Us within the time period set out in this clause.

11.9 We only supply the Goods for domestic and private use (unless expressly agreed otherwise). If You use the Goods for any commercial or business purpose without Our agreement, then We will have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.

OTHER IMPORTANT TERMS

12.1 Save as expressly set out in the Contract, no variation to the Contract shall be permissible without both Your and Our written consent. 

12.2 You may only transfer Your rights or Your obligations under the Contract to another person if We agree to this in writing. 

12.3 This Contract is between You and Us. No other person shall have any rights to enforce any of its terms. 

12.4 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. 

12.5 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 the 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. 

12.6 The Contract is governed by English law, and You can bring legal proceedings in respect of the Services in the English courts. If You live in Scotland, You can bring legal proceedings in respect of the Services in either the Scottish or the English courts. If You live in Northern Ireland, You can bring legal proceedings in respect of the Services in either the Northern Irish or the English courts. 

12.7 Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without You having to go to court. If You are not happy with how We have handled any complaint, You may want to contact such an independent organisation. If You are not satisfied with the outcome, You can still bring legal proceedings. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform: http://ec.europa.eu/odr

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