TERMS


 

 Copyright Linden Adams  Photography 2011

 

 Linden Adams Photography General Terms and Conditions

Contents

Linden Adams  Photography Terms and Conditions ...................................................................................... 1

General .................................................................................................................................................... 2

Web Site Conditions ................................................................................................................................ 2

What happens when you order on line? ............................................................................................ 2

Prices and Method of Payment (web) ................................................................................................ 3

Any prices are stated on our website in Pounds Sterling and are inclusive of United Kingdom-rated VAT. ..................................................................................................................................................... 3

Acceptance .......................................................................................................................................... 3

Your Web Site Order ........................................................................................................................... 4

Availability of goods and services ....................................................................................................... 4

Cancelation (web orders) .................................................................................................................... 4

Cookies ................................................................................................................................................ 5

Copyright ................................................................................................................................................. 5

Intellectual Property Rights.....................................................................................................................5

Image Licensing ...................................................................................................................................... 6

Variations in Prints .................................................................................................................................. 6

Contracts for Commercial Photography (inc Food, Hotels, PR and Events) ........................................... 6

Contracts for Wedding Photography ...................................................................................................... 7

Disclaimers .............................................................................................................................................. 7

Validity ................................................................................................................................................ 7

Governing Law and Jurisdiction .............................................................................................................. 7

Collection of information ........................................................................................................................ 8

Complaints Procedure............................................................................................................................. 8

(PDF Download Draft Contract) Copyright Mark Carr Photography 2011

 

General

Any agreement to do business with Linden Adams Photography shall be with Linden Adams t/a Linden Adams Photography. The address for Linden Adams Photography is 167 Badger Av, Crewe, Cheshire, CW1 3JN 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. Copyright Linden Adams Photography 2011

 

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 Linden Adams 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

Linden Adams Photography must receive payment of the price of the products and delivery charges before we can process and accept your order.

Linden Adams Photography reserves the right to restrict the number of products you may order and to refuse any order without reason being given. Copyright Linden Adams Photography 2011

 

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 to 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 of services including (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: Linden Adams Photography at the office address or by email to lindenadams@aol.col

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.

Cancellation of photo shoots with only 48 hrs notice will incure charges of £100 cancellation of shoots with only 24 hr or less notice will result in 75% of the quoted price quoted.

The Regulations impose a responsibility on you, the consumer, to take ‘reasonable care’ of any goods that have been supplied.

It is Linden Adams 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 Linden Adams 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 Copyright Linden Adams Photography 2011

 

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 –Linden Adams 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 Linden Adams 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 Linden Adams Photography all of Linden Adams 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. Linden Adams Photography 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 Linden Adams Photography, its subsidiaries, its affiliates and its licensors against and loss or damage as a result of that breach.

Linden Adams Photography and the logo “Linden Adams Photography” are protected trademarks. Copyright Linden Adams Photography 2011

 

Where a breach occurs LA Photography will release information held by LAPhotography 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.

Intellectual Property Rights Images, Designs, Proposals in reference to Branding and marketing

All Intellectual Property Rights (including, without limitation, all database rights, rights in designs, rights in know-how, (in all cases whether registered or unregistered and including all rights to apply for registration) and all other intellectual or industrial property rights in any jurisdiction) in any information, content, materials, data or processes contained in or to this website or presented by Linden Adams  belonging to Linden Adams Photography and design or Focus FX or its licensed source. All rights of Linden Adams Photography or associated websites belonging to Linden Adams in such Intellectual Property Rights are hereby reserved.

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 LA 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. Linden Adams 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 Linden Adams Photography 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 Commercial Photography (inc Food, Hotels, PR and Events)

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 lindenadams@aol.com. We also have a copy contract that can be downloaded in draft form for information.

We are happy to sign appropriate confidentiality agreements. Copyright Linden Adams Photography 2011

 

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 also download a draft but we tailor these to your own needs. Please contact our office to discuss your needs

Disclaimers Linden Adams 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 Linden Adams Photography website. However, these other websites are not controlled by Linden Adams 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 Linden Adams 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 Linden Adams 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. Copyright Linden Adams Photography 2011

 

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:

Linden Adams

Linden Adams Photography,

167 Badger Av

Crewe

Cheshire

CW1 3JN

 

You can also email lindenadams@aol.com or call 01270211053.

 

 

Copyright Linden Adams Photography  / 2017 Tel 01270211053 or 07805290445

Crewe Photographers