Portrait Photography Terms & Conditions
Definitions
The client: The recipient of the service
The customer: The recipient of the product
The company: Alison McMath Photographer
The agreement: The contract that exists between the client and Alison McMath Photographer for the agreed fee.The fee: The amount payable by the client to the company for the services listed.
Photography session
These terms and conditions will apply to the purchase of the goods by you (“the customer” or “you”) “we” "us" "our" or “the supplier” means Alison McMath Photographer.
a) Book your session
b) Your session fee of £350 (£450 at weekends/Bank Holidays) must be paid in advance.
c) Hair/makeup, digital and printed products are not included.
d) You will automatically receive 10% discount if you purchase digital collections or products at your viewing and ordering appointment.
e) An additional fee (0.45p per mile) will be charged if the location shoot is more than 10 miles from PR7 1XE. This will be quoted at the time of your booking.
f) With regard to location shoots, in case of inclement weather conditions, your booking may have to be changed. If this is the case, you will be given as much notice as possible and your booking will be re-scheduled to another date.
g) Images will be kept in an online portfolio for six months from the shoot date.
Contract forming process
1.1 We will not process your order until payment has been received in full (in accordance with ‘Payment’).
1.2 Please remember that if you use this website you are responsible for maintaining the confidentiality of your account and any passwords and should ensure you restrict access to your computer to prevent unauthorised access to your account. You must inform us immediately if you have any reason to believe that your password has become known to anyone else or if it may be being used in any unauthorised manner.
Payment
2.1 I accept PayPal for online product orders. I accept BACS transfer, Paypal, and all major credit/debit cards for photography services.
2.2 All orders are subject to authorisation by your payment card issuer.
2.3 The price of the goods shall be the price quoted on the website at the time your order is accepted. We try to ensure that all details including prices are displayed accurately and are up to date. Obviously prices may vary from time to time so please make sure you check all the relevant details before you place an order with us as prices may have altered since you last visited our site.
2.4 Once your chosen payment method has been authorised, payment will be taken immediately.
Changing or cancelling an order
3.1 Due to the uniqueness of each product, once you have paid for your order it cannot be changed. Please let us know as soon as possible if you change your delivery address. To do so, please email info@alisonmcmath.co.uk
Product descriptions, pricing and availability
4.1 Reasonable care is taken to ensure that all details, prices and descriptions of our products on this site are accurate and kept up to date. However, please note that all photographs and illustrations are representative only. Computer monitors vary greatly in colour and the shade is not an exact representation of the product.
4.2 All prices are stated in pounds sterling. These prices include delivery when purchasing from the online shop. In the event that you order an item and the price published on the site was incorrect for any reason we will contact you to let you know the correct price and ask you whether you still wish us to fulfil your order at this price.
4.3 All products are made to order. We will try our best to keep our product availability up to date. As there is a delay between placing an order and when the order is accepted, the availability of a product may change. If a product you have ordered is unavailable before we accept your order, then we shall not be liable to you for being unable to provide that product. If you have placed an order that is unavailable we will contact you so that you can either cancel your order or be placed on the pre-order list if this option is available.
Delivery
5.1 Delivery charges are not included in the price of the goods when ordering from the online shop.
5.2 Deliveries can only be made to mainland UK.
5.3 Due to the nature of the product, we endeavour to deliver your order within 15 working days.
5.4 All online orders will be sent by Royal Mail and a signature will be required.
5.5 A signature will be required to acknowledge delivery of your order. This signature will be proof that you or the person to whom the order was addressed has received the order.
5.6 You must provide us with complete and accurate delivery information. This includes not only the address that your order is being delivered to, but also the name of its recipient. We will not be liable for the delivery of your order as a result of you providing us with incomplete or inaccurate information.
5.7 Please note that we cannot guarantee that your order will be delivered within the recommended time frame, but please be assured that we endeavour to complete orders as soon as possible.
5.8 We will make every effort to deliver your order within the estimated timescales. However delays can occasionally occur and we will inform you as soon as possible if there is a delay with your order.
Right to return and refunds
6.1 If you wish to return a damaged item, you have 14 days from the day after receipt of the goods to request a refund. You then have 14 days to return the item to us.
6.2 We will inspect the items once we have received the return. If item/s are returned outside of the 14 day period they will be sent back to you and will not be accepted as a return.
6.3 Refunds will be credited to the original card used for payment, please allow up to 14 days for a refund to show in your account from the date we receive your return.
6.4 Please ensure you obtain ‘PROOF OF POSTING’ when returning your product.
6.5 We do not offer exchanges. If you do require a different product you will need to request a refund and place a new order.
6.6 We will refund the basic cost of returning the item to us.
6.7 Please note that your right to return items to us in accordance with these terms and conditions is in addition to any other statutory rights you may have.
Faulty items
7.1 If your order arrives faulty or damaged please contact info@alisonmcmath.co.uk as soon as possible so we can offer a replacement or a refund.
7.2 If you require a replacement or refund we will ask for the item to be returned to us before we can proceed with your chosen option.
Provision of Information
8.1 When you order any items from us you will need to provide us with your name, address, email address and credit card details. We will use these details in accordance with our privacy policy. For details on privacy, please read our Privacy Policy.
8.2 When you place an order you agree to receiving emails and communications regarding your order. Please see our Privacy Policy.
8.3 You agree to provide true, accurate and complete information about yourself whenever you order any items from us.
Liability and indemnity
9.1 As a customer you have certain rights as a consumer, including legal rights relating to faulty goods or faulty descriptions of goods.
9.2 We use our best endeavours to ensure all orders will be of satisfactory quality. However, if we deliver an order which is not of satisfactory quality, you can contact us to request a refund.
9.3 We shall have no liability to you for any consequential, special or indirect losses, including without limit, loss of revenues, profits, contracts, business or anticipated savings damage to or loss of goodwill, reputation or data.
9.4 We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the conditions for (i) any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or (ii) any loss of goodwill or reputation; or (iii) any special or indirect losses, suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions.
9.5 Nothing in these terms and conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our agents or employees.
9.6 Nothing in this contract shall exclude or limit your statutory rights.
9.7 A person who is not a party to this contract has no right under the contracts (Rights of Third Parties) Act 1999 to enforce any term of this contract.
9.8 You agree to indemnify, defend and hold harmless Alison McMath Photography, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from, without limitation, your breach of these terms and conditions, your infringement of any intellectual property right or any other right of any person or entity, or your breach of any duty of confidence or privacy, or any defamatory statements made by you in any form.
Site up-time
10.1 We use all reasonable endeavours to ensure that this website is available at all times. However, problems with websites do occur due to various reasons which may be beyond our reasonable control and therefore we will not be liable if this website is unavailable at any time.
Intellectual property
11.1 This website and all intellectual property rights in it including but not limited to any content are owned by us unless otherwise specified. Intellectual property rights means rights such as: copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered. We reserve all of our rights in any intellectual property in connection with these terms.
11.2 Nothing in these terms grants you any legal rights in the website other than as necessary to enable you to access the website.
Entire agreement
12.1 These terms and conditions govern our relationship with you. You agree that you have not relied on any representation outside of these terms and conditions. Your statutory rights are not affected by these terms and conditions.
12.2 Nothing in these terms and conditions shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation.
General
13.1 We reserve the right to amend these terms and conditions at any time.
13.2 If any of these terms and conditions are found to be invalid this shall not affect the validity of the remaining provisions which shall remain fully enforceable. No waiver by us of any term shall be deemed to be continuing or shall be deemed to be a waiver of any other term.
13.3 We will not be responsible to you for any delay or failure to comply with our obligations under these terms and conditions if the delay or failure arises from any cause beyond our reasonable control.
13.4 These terms and conditions will be interpreted and constructed in accordance with the laws of England and Wales and will be subject to the non-exclusive jurisdiction of the English Courts.
13.5 We reserve the right to refuse access to the website, to terminate customer accounts, to remove or edit website content or to cancel any orders if necessary. In the event the company cancels an order it will be without charge to you.
Comments or complaints
If you have any comments or complaints, please contact us at info@alisonmcmath.co.uk
Bank details for portrait packages:
Santander, Mrs A McMath, 09-06-66, 40075677, ref: your name