IE Photography general terms of business
Please refer to the downloadable contracts that relate to the specific worktype ( Commercial, Legal, Wedding or Portrait). These documents fully set out our terms of business subject to any agreed variation and as required by our insurerrs. Your statutory rights are not affected by these terms. If you have any specific needs please contact us at info@ie-photos.com as we are always happy to give advice and work with our clients.
IE Photography web site Terms and Conditions
If you do not understand any of the matters please feel free to ask or if you have special conditions that need to be included we are happy to arrange this with you.
General
Any agreement to do business with IE Photography shall be with Mark Carr t/a IE Photography. The address for IE Photography is Brown Cow Laithe, Hawkshead, Cumbria, LA22 0PH and that shall be the address for service of any documents. No service can be accepted by email.
The terms set out below are intended to help explain the services we offer and give confidence to our clients in their dealings with us. If there are any matters within these conditions that you are unsure about please contact us before instructing us to carry out any work or seek independent advice. We are never offended by people seeking clarification.
If you have a special requirement that does not fit within these conditions please contact us immediately and we can try and cater for your specific need.
Web Site Conditions
By using this website and by placing any order you agree to be bound by the Terms and Conditions set out herein.
If you are under 18 you must have parental consent to order any images from this site.
All the contents of this website including but not limited to the text graphics photographs images moving images sound illustrations and software (“content”) is owned by IE Photography, or its licensors, clients and content providers.
What happens when you order on line?
You will receive an email from us confirming that we have received your order. This email is automated and does not constitute acceptance of your order but simply confirms your wish to be bound by our terms.
We will then notify acceptance of your order by sending a further email to you stating that your order has been accepted and dispatched.
An order is only placed and therefore binding when we have received a completed order together with a cleared payment.
Orders by post should clearly indicate the name of the images, size, whether prints or canvases are required, and whether you want your image framed or unframed.
Prices and Method of Payment (web)
Any prices are stated on our website in Pounds Sterling and are inclusive of United Kingdom-rated VAT.
You, as the buyer, are responsible for the disclosure and payment of import duties, insurance and other taxes that may be applicable.
Delivery charges apply and are displayed throughout the ordering process.
Occasionally an error in pricing may appear on our site. If we discover such an error on the item you have ordered we will contact you as soon as possible to give you either the option of reconfirming your order at the correct price or to cancel your order with a full refund. IE Photography reserves the right to alter prices from time to time without notice.
Any “special offers” will be for a limited time only and based on the previous or standard prices offered by IE Photography. Full particulars of the offer will appear with the offer.
Orders for products should be paid online through PayPal or sent by post using a cheque payable in UK Sterling.
We don’t accept other currencies.
In the event of a cheque not being honoured an administration charge of £75.00 will be enforced due to the charges imposed on us by our bank and increased administration costs.
In respect of any orders carried out where an invoice is raised then payment shall be due in accordance with the terms set out for payment on the invoice.
Should payment be late then the "Late Payment of Commercial Debts (interest) Act 1998" applies and interest shall attach at a daily rate on the outstanding balance at 8% over the Bank of England Base Rate as shall apply during the period of late payment.
Acceptance
IE Photography must receive payment of the price of the products and delivery charges before we can process and accept your order.
IE Photography reserves the right to restrict the number of products you may order and to refuse any order without reason being given.
Your Web Site Order
Once we have received payment we will process your order and advise you by email as to the progress and likely delivery date. For prints you should allow up o 28 days as we use a professional lab for printing. In urgent cases please telephone your order and we will do our best to speed up delivery. For CD orders please allow 14 days. If you have any concerns please email us in order that we can investigate.
Delivery is usually by Royal Mail, Special Delivery or Parcel Force.
Availability of goods and services
Orders are subject to availability of products and we will endeavour not to offer products that we cannot supply due to availability problems. If products are unavailable we will notify you either in writing or by email. If products cannot be supplied within 30 days we will refund payment to you within a further 30 days.
Cancelation (web orders)
Consumers are protected by The United Kingdom’s Distance Selling Regulations 2000 provide you with a right to cancel your order for the products at any time up to the end of the seventh working day after the day you receive the products.
A working day is Monday to Friday, excluding Saturdays, Sundays and public holidays within the EU.
If you wish to cancel your order please write to us at:
IE Photography, Brown Cow Laithe, Hawkshead Cumbria LA22 0PH or by email to info@ie-photos.com
Cancellation must be given in writing (which can include emails). A telephone call is not sufficient.
The effective date of cancellation under the regulations is the date that the notice is sent by you. This ensures you have the full cooling-off period.
The Regulations impose a responsibility on you, the consumer, to take ‘reasonable care’ of any goods that have been supplied.
It is IE Photography’s policy that, in the event of cancellation, for any reason other than faulty goods, it is your responsibility as a consumer to return the product to IE Photography and to cover the cost of postage and or taxes.
THE EXCEPTIONS TO THESE CANCELLATION REGULATIONS
Downloads - Our downloads are considered to be an exception to right to cancel as once you have received the image it cannot be returned without being “used” by the receiver. As such you must satisfy yourself that the image is fit for your purpose before downloading the image. If in doubt contact our offices for assistance. Due to the nature of download cancellations are not possible.
Disks -IE Photography accepts cancellations within 7 working days (the normal statutory cooling-off period) on disk purchases providing that they are still sealed and have not been tampered with. However, an exception to your cancellation rights is in the case of images that you have specifically commissioned and are personal to you, such as portraits or images of your home or business. As such you must satisfy yourself that the image is fit for your purpose before downloading the image. These cannot be resold by us and are therefore not subject to the right to cancel unless the goods are damaged or faulty.
Prints / Framed Pictures - You have the right to cancel within 7 working days as set out above. However, an exception to your cancellation rights is in the case of images that you have specifically commissioned and are personal to you, such as portraits or images of your home or business. As such you must satisfy yourself that the image is fit for your purpose before downloading the image. These cannot be resold by us and are therefore not subject to the right to cancel unless the goods are damaged or faulty.
Cookies
If you visit the IE Photography website, we place a text file called a ‘cookie’ in the browser directory of your computer’s hard drive. A cookie is a small piece of information that a website can store on your web browser and later retrieve. The cookie cannot be read by any website other than the one that set up the cookie.
Cookies enable this website to recognise the information you have consented to give this website and help us to determine what portions of this website are most appropriate for your professional needs.
Copyright
Subject to licences provided to clients and express agreements with IE Photography all of IE Photography’s work is subject to copyright. Under the Copyright Design and Patents Act 1998 breach of copyright is both a civil and criminal offence.IE will seek relief for breach of copyright including ( but not exclusively) if appropriate injunctions against further breaches and such action shall include actions against third parties.
Where a party breaches the copyright they will indemnify IE Photography, its subsidiaries, its affiliates and its licensors against and loss or damage as a result of that breach.
IE Photography and the logo “IE Photography” are protected trademarks.
Where a breach occurs IE Photography will release information held by IE Photography to the relevant authorities to assist in any prosecution and all rights to confidentiality held by the party in breach will be waived.
We use a variety of security measures to protect our image and this includes invisible digital marking of our images.
We are happy to expressly negotiate a variation in these rights with our clients.
Image Licensing
Upon payment of our invoice in full the client shall be granted a lifelong licence to use the images supplied for whatever purpose they wish provided that such use is in connection with the business or personal use of the client and not for the commercial benefit of any third party. In all cases where the licence does not cover the use the written permission of IE photography must be obtained prior to any such use and a fee may be required. Breach of this condition may render the client and any third party liable for breach of copyright. IE photography is happy to provide guidance to any party as to whether any particular use would constitute a breach.
IE requests that where an image is used by a third party that credit is given to the source of the image.
Variations in Prints
In all cases IE takes care to insure that final prints match the image seen on screen and at the proofing stage. It is, however, impossible to guarantee colour accuracy 100% due to the different colour spaces that occur in digital imaging and different printers, media, screens and software settings.
We take steps to minimise problems of colour rendition but there may be differences and as such colours viewed on screen should only be taken as a guide. If you have any concerns in this respect please seek our advice.
Contracts for Forensic Photography work
Our terms and conditions for forensic work and payment terms are available on request. Please email info@ie-photos.com. We have a draft copy that can be downloaded in draft form.
We are happy to sign appropriate confidentiality agreements.
Contracts for Commercial Photography
We appreciate commercial clients have specific needs. Our standard terms and conditions are available on request but we are happy to negotiate specific terms if you need something in particular. Please email info@ie-photos.com. We also have a copy contract that can be downloaded in draft form for information.
We are happy to sign appropriate confidentiality agreements.
Contracts for Wedding Photography
We want to make sure everything goes smoothly on your big day and you are clear what we are going to do for you. We have a standard set of terms available on request and you can download but we tailor these to your own needs. Email info@iephotos.com for more information.
Contracts for Portrait Photography
We want you to be sure of a happy experience and to make things clear we have set out a standard form of contract so everything is clear. You can download a copy of these BUT if you have any specific neds please contact us at info@ie-photos.com.
Disclaimers
IE Photography uses reasonable efforts to ensure the accuracy, the correctness and reliability of the content, but we make no representations or warranties as to the content’s accuracy, correctness or reliability.
There may be links from other websites from the IE Photography website. However, these other websites are not controlled by IE Photography and we are not responsible for any content contained on any such website or any loss suffered to you in your relation to such websites.
You may not: sublicense, re-license, rent or lease any of the images; copy or publish any of the images to a network or bulletin board, or otherwise distribute or allow any images to be distributed to, or used by, anyone other than the authorized users, without prior written consent from IE Photography; use any of the images for any form of pornography, or in a libellous, defamatory, fraudulent, infringing, or otherwise illegal manner; use any of the images to promote a business that sells or licenses photographic images, or otherwise competes with IE Photography in any manner; use any image in a manner that implies endorsement of a product or service unless you request and receive a copy of a model release for all recognizable individuals and private property depicted in the image; or ship, transfer, or export any of the images in a manner prohibited by any export laws, restrictions or regulations.
Validity
Nothing in these Terms and Conditions shall be construed to exclude or limit any rights you may have as a consumer to the extent that such liability and rights may not be excluded or limited under applicable statute or law.
If any of the individual Terms and Conditions is unenforceable it shall not affect the enforceability of the rest of the Terms and Conditions.
Governing Law and Jurisdiction
Your order and the formation of a contract shall be governed by and interpreted in accordance with English law.
Any individual or business that fails to comply with the above will be prosecuted.
The English Courts shall have jurisdiction to hear disputes between us.
Collection of information
The data collected from all clients of this website in their placing of orders, payments, email addresses, mailing addresses etc, will remain confidential and will not be shared with any third parties.
Complaints Procedure
All complaints should be addressed in writing to:
Mark Carr, IE Photography, Brown Cow Laithe, Hawkshead, Cumbria LA22 0PH.
You can also email info@iephotos.com.
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