Ref:
Date:
Location:
Photographer:
Terms and Conditions of Business

Last Revision Date: 24th November 2016

Information

Listed below are the terms and conditions of business for Steve Davison Photography. By placing and paying for an order or by engaging my services you will be deemed to have read and accepted these terms and conditions in their entirety.

1. ORDER SIZE

I do not have a minimum order for Greetings Cards or Photographic Prints, all items can be ordered individually.

Greetings Cards are also available in multi-packs of 5 or 10. See No. 2 (below) regarding card choice.

2. ITEM CHOICE

When selecting a Greetings Card multi-pack a customer may choose which cards are included in their pack or leave it to me to select for them from my range. A multi-pack purchase must also be followed up by the customer with an Email or letter confirming their card choice which should include, for each card required, our individual card reference number which is displayed on our website.

When we confirm receipt of an order to a customer by Email we will include confirmation of the items ordered. If there is any discrepancy, the customer should inform us immediately by Email or telephone, as correcting orders after despatch is both disappointing and costly. If any item(s) should be temporarily unavailable or have been removed from our product range we will offer another choice, a refund or the chance to wait until the item(s) becomes available (back ordered).

3. ITEM EXCHANGE

If a customer does not like any card(s) we have selected for them as in No. 2 (above), we will be happy to exchange them provided that the card(s) returned are not damaged in any way or by whatever cause and that they have not had their cellophane wrappers opened. The customer must pay for the cost of all postage incurred in returning the card(s) to us and having new ones delivered to them. In this circumstance I ask that customers enclose postage stamps for the value required to get the replacement to them.

If upon receiving a print, the customer changes their mind about the size or decides that they would rather have another one of my prints instead, I will be happy to exchange it provided that the print(s) are returned undamaged in any way or by whatever cause and that it has not had its cellophane wrapping opened. The customer must pay for all courier costs in returning the print(s) to us and having the new one delivered to them. The conditions listed at No. 4 under “Returns Policy” with regard to packaging and insurance also apply to this circumstance.

If your print(s) has been specially made for you to a non-standard size, I will not be able to exchange it for you.

Please ask for details if you are unsure before you take any action.

4. RETURNS POLICY

For details of my returns policy please see my website and read the following conditions.

I will accept returns of cards or prints provided that: -

• The cellophane wrappers have not been opened.

• That you, as purchaser, ensure the item(s) are securely wrapped for transit.

• That you, as purchaser, ensure that the item(s) are properly insured during transit. If any item is lost or damaged during transit back to us without being fully insured I will not accept the item or responsibility and I will consider the item(s) as sold. In these circumstances we would strongly recommend you choose postage/shipping with insurance. This will ensure that neither you nor us are out of pocket should any damage or loss occur during transit and will enable us to replace a damaged or lost item at no cost to either you or us.

• That you, as purchaser, bear all return postage/shipping costs.

• That any item is returned to us in accordance with the above conditions within 7 days of receipt.

N.B. We will not accept any returns if the item(s) is/are damaged in any way or by whatever cause. Therefore adequate postage insurance is recommended if returning items to us.

Where card(s) or print(s) have been made as “one-offs” to a special order we will not accept a return in any circumstance which is not covered by damage or loss insurance.

If we do accept a return, a full refund of the purchase price will be given less the cost of original postage. The customer will be responsible for any return postage costs. If insufficient postage is attached to any returned item(s), any excess will be deducted from the amount refunded. We will inform the customer of the amount deducted.

Our returns policy for non-UK orders is exactly the same as orders from within the UK. Only shipping costs will vary.

5. RETENTION OF PERSONAL INFORMATION

We will keep all customer details until their order has been filled and delivered in case they need extra items. We will not ask for any information which is not necessary for taking an order from customers, obtaining payment from them, delivering a purchase to them or communicating with them in a format which is acceptable to them (i.e. land-line telephone, mobile telephone, e mail, postal address).

After an order has been filled and delivered to a customer’s satisfaction, We would like to keep them informed of any future developments in the company which may be of interest to them or of any future offers. If a customer wishes to opt out of this service they should let us know by post or Email. Customers may opt out of this service at any time without giving a reason. We will ensure deletion of all personal information they have given us from our records except any communication relating to an order yet to be completed or any complaint.

Other than to process an order we will never retain any customer’s bank details.

We will NEVER pass customer details on or sell them to any other person, company or institution.

We will ensure that any personal details we may use or retain are kept secure in whatever format we hold them.

If a customer has purchased a bespoke card(s) or print(s) from me, I may ask them if I can use such images from their order on my website to help others looking for inspiration. There is no obligation to agree to this on the customer’s part. If the image contains any person(s), who is/are still living or item or property which can be identified as being owned by any person still living or company still trading, we will never use these unless the customer/client is are prepared to agree to it by signing a “model release” (for persons) or “property release” (for property) form which we can supply. The customer/client may revoke this consent at any time without giving a reason. There is no obligation to agree to this on their part.

I may ask a customer or client for permission to use an image(s) we have produced for them to advertise my products and services on my website or in any other form we use. We will never sell such images to anyone else and will ensure that it is used in such a manner as to make it impracticably for any other person or company to reproduce it (i.e. low resolution imaging or by watermarking an image). You may revoke this consent at any time without giving a reason. There is no obligation to agree to this on a customer/clients part.

6. PAYMENT FOR GOODS OR SERVICES

No orders will be despatched/delivered until full payment has been received and has cleared into our bank account. Depending on the method of payment this can take anything from immediately upon order to 7 days (excluding weekends and bank and other public holidays).

Similarly, no work will start on special orders (other than to enable me to quote a cost) until full payment (or required deposit) has been received as cleared funds into our bank account and we have a definite instruction to proceed either in writing or by Email. Any work done in assembling a quotation for products and/or services will be free of charge and without obligation on the customer/client’s part.

• If you wish to pay by cheque please make cheques payable to Stephen Davison, writing your full address on the reverse of the cheque. I will let you have my business postal address when notifying you that your order is ready.

• For BACS bank transfer (preferred), I will send you my bank details once your order has been received and you have stated your intended method of payment.

For commissioned work (as per No. 11 below) we ask for 50% of the agreed estimate fee at instruction with the remainder of any invoiced amount due, on completion of the commission or within 30 days of such date. Any payment not made for completed orders within 30 days of us informing a customer/client by Email, letter or telephone that full payment is due, will be charged interest on top of the order amount and goods will be held by us until full payment is made.

The product or result of any service commissioned will remain with us as my property until such time as the account is settled in full. Non-payment after 30 days will attract interest on any unpaid amount.

Immediate payment of the balance upon completion of the commission will attract a 5% discount on the final payment. (I.E. Fee = £1,000. £500 is paid up front. Balance of £500 x 5% = £25 discount)

7. DELIVERY OF YOUR ORDER

Once your payment has cleared into my bank account work will start on filling your order. At this point we will inform you by E mail that your order and payment have been received. Despatch of your order will take place as soon as is possible. You should receive your order, in the UK, within 14 working days. Overseas orders may take up to 28 working days. Please do not include weekends, bank and other public holidays in these timescales. We will confirm despatch to you by Email. Where the order is sent by courier a tracking number will be supplied to the customer.

We can accept no responsibility for manufacture and/or delivery problems outside of our control (e.g. Industrial action by any person, union, company or agency involved in the manufacture or delivery chain, Weather conditions, Failure of our suppliers to deliver acceptable quality goods on time) which result in an order being delayed. We take great care in selecting our suppliers not only for the quality of their products but also their service and reliability standards. At any time we have at least 2 suppliers of any product or service we use. If we expect there to be any delay in filling an order within the above timescales we will inform the customer immediately by Email or telephone.

Other reasons for a delay in filling an order may include (but are not limited to) Acts of God, War, Legislation, Flood, Fire, Drought, Ice, Snow, Failure of power supply, inadequacy and unsuitability of any instructions or information given to us by any supplier, inadequate or incomplete order instructions by a customer/client, failure by a customer, to make any required payment in full when requested, inability to obtain materials required to complete any order which are out of my control.

Our chosen method of postage is 1st class Royal Mail for single or small card orders (up to 10). A courier service providing a 3 day service will be used for large card orders and all print orders. These figures refer to the time that the courier states they can deliver a parcel to a customer, measured in working days from the time of collection from us. By using these methods both the customer and we will be able to keep a constant track of the parcel in the knowledge it is trackable and insured. We will send any unique postage tracking number by Email, so that customers can track their parcel(s) should they wish to do so. This method of shipping can be more expensive than ordinary 1st & 2nd class postage but gives much greater financial security to both us and our customers. If a customer would like us to post items to them by 1st and 2nd class post we will, but there will be no reduction in the cost of any item(s) purchased. Please note however that, if posted by 1st or 2nd class mail, once items have left our premises we will accept no liability for them should they become lost or damaged.

A designated courier will always require a signature on delivery for your parcel in order to provide proof of delivery, please ensure that a responsible adult will be able to prove who they are and provide a signature at the point of delivery.

For orders being shipped outside the UK we will source the most reliable carrier who has a proven track record for safe and swift delivery of packages with adequate insurance protection and is competitive on price. Shipping cost to non-UK addresses will be agreed individually with a customer at the time an order is taken. Such fees must be paid in full before an order is despatched.

8. BESPOKE ORDERS

The cost of producing bespoke work will, by its very nature, vary from one customer to the next. Each bespoke order will be costed, and prices submitted to the customer for approval before any work commences. These costs/fees will include (but not be limited to) such things as materials, time in production, any travel expenses incurred or hiring of any specialist equipment. Supply of such a quotation is free of charge and without obligation. Full payment is due before work starts on an item(s) as detailed in No. 6 Payment for Goods and Services (above).

We will obtain as much information relating to a customer’s ideas and chosen image(s) or design(s) as possible either by E mail or Telephone. From there we will produce image(s) or design(s) in electronic format based on the information a customer gives us. We will send these images to the customer by Email for any amendment and/or full approval. For Greetings Cards only; samples of the card quality we use are available by post on request. Once you have given your full approval we will request full payment and as soon as this has cleared into our bank, production will commence.

Confirmation by a customer of an order and payment of any amounts due will be deemed that you fully accept all our Terms and Conditions.

If we are asked to supply card(s), print(s) or design(s) which involve using any image which we have not taken ourselves, using our own equipment; We reserve the right to refuse any commission if we deem the image quality to be incapable of being reproduced to a high enough standard and which may damage our professional reputation. If you are supplying an image for us to work with you MUST ensure that you have full written agreement from the copyright owner (including details of intended usage) before submitting it to us. A copy of such written permission will be required for our records before work commences.

9. DESIGNS AND COPYRIGHT

All designs, Photographic Images, Greetings Cards, Prints and Artwork used in the production of any item will become the copyright of Steve Davison Photography. This applies to all work produced by Steve Davison Photography and not just bespoke items. If an item is produced using a photographic image taken by a customer of Steve Davison Photography it is agreed that the “customer” signs copyright of any image over to Steve Davison Photography without reservation. All rights reserved. Customers are asked to ensure they have first obtained copyright permissions to use any images they send or ask us to use within their order(s).

10. PRICES

All items produced by Steve Davison Photography are priced according to product type and size. These prices are published on the company’s website www.stevedavisonphotography.co.uk. Prices charged will be those on our website at the time of ordering. Postage and packing (including adequate insurance cover) to any UK mainland postal address is included. Remote UK areas and Overseas postage (shipping) costs will be calculated individually and advised to the customer before any order is accepted.

Prices charged by Steve Davison Photography by any other method of distribution (e.g. Shows, Exhibitions, Craft Fairs) will be at the same rates as published on this website. Whilst we will generally not incur any postage costs at such venues we will have paid fees to exhibit and incurred traveling costs.

Steve Davison Photography products are available through a number of other retail outlets. We have no control over what these retailers charge for our products although we do suggest a recommended retail price (RRP) to them which is exactly the same as we charge on our website.

11. COMMISSIONED WORK

We accept commissioned photography work and charge an hourly/daily rate plus expenses. This rate can vary substantially depending upon many factors which could be (but are not limited to) Location, Complexity, Need for Special equipment we may have to buy/hire to enable us to produce the work required or any hazardous/dangerous working conditions. Each commission will be individually costed and an estimate submitted for acceptance by a client before any work commences. A client giving such an instruction must first ensure we are covered by their public liability insurance policy and will have rights of access granted to enable us to do the work required. Any specific Health & Safety conditions should be advised to us. Copyright of any work produced for commissions will remain with Steve Davison Photography at all times.

Upon instruction, a mutually agreeable timescale for delivery of any instructed work will be agreed.

We ask for 50% of the quoted fee before work commences with the balance becoming due at completion of the commission. Non-payment after 30 days will attract interest on any unpaid amount. Commissioned work will remain with Steve Davison Photography until fully paid for. Any additional expenses or costs which may be necessary will be discussed with a client before entering into additional expenditure.

A 5% discount of the final balance due will be given for immediate payment (or within working 5 days) on completion and delivery of commissioned work. (I.E. Fee = £1,000. £500 is paid up front. Balance of £500 x 5% = £25 discount)

12. TRADE CUSTOMERS

Our products are available to retail trade outlets. Discounts apply for trade buyers. Prices and discount rates vary dependent on the quantities purchased. Prices will be negotiated individually with trade buyers. No returns or refunds (except for proven faulty goods) are available. Exchanges are at the discretion of Stephen Davison. Goods being exchanged must be in an unopened, saleable condition. If goods being exchanged are being shipped back to us the cost of shipping/posting must be born by the returner.

13. UK GOVERNMENT VALUE ADDED TAX (VAT)

We are not currently liable for or registered for VAT and therefore do not charge it on our goods and services. However we may have had to pay VAT to our suppliers. This will be charged within our pricing structure and will not be recoverable.

14. CANCELLATION OF ORDERS

Cancellation of orders fall into three categories depending on the product or services being purchased.

For standard retail goods such as greetings cards or prints where they are drawn from stock in hand at our studio, refunds will only be given if the goods are returned to us at the buyer's expense within 14 days of receipt with the original cellophane wrapping intact and with no visible damage howsoever caused.

For specially commissioned cards or prints ( mounted, framed or on canvas) no refund will be given once work has commenced. The goods will be delivered as ordered.

For private or commercial commissions and other services, we will require a 50% deposit for any quoted work before we commence such work. This deposit is not refundable. Any expenses incurred in the organisation of a photographic shoot will be charged at cost if it cannot be cancelled without being charged to us. Once work has commenced, the full amount agreed to in an authorised quotation will become payable and the commissioned work will be delivered.

In all circumstances we will use our best endeavours to minimize costs if an order or commission has to be cancelled as an act of good faith. We do, however, reserve our rights to charged costs and fees as agreed at the order or engagement stage.

15. DEFECTIVE GOODS

Any defective items, which are an obvious over sight on our part, should be returned to us within 7 working days by Royal Mail recorded delivery or Hermes courier service in accordance with our Returns Policy at No 4 (above) or we cannot guarantee a replacement. If any defect is the fault of our suppliers we will accept responsibility. We require that faulty item(s) are returned to us to help improve quality control.

If we accept responsibility for any defective goods, we will refund any postage incurred by a customer in returning any item(s) to us. We will also offer a replacement or refund.

16. INSURANCES

We will carry Product & Public Liability insurance which will indemnify any client/customer for any liability incurred by us to a limit of £5,000,000 per claim within the UK.

Should any item(s) being returned to us by a customer for whatever reason become lost or damaged in transit, the customer, being the person sending the item(s) and taking out the insurance cover, will be the person making any claim under the insurance cover. In this circumstance we will have no responsibility for making such an insurance claim. We will, however, provide any assistance we are able to the customer in support of their claim.

17. HEALTH AND SAFETY

When we are commissioned to do work away from our studio: -

a) We will conduct our own risk assessment prior to the "shoot" in order to ensure all relevant protections have been put in place and to highlight any possible risks

b) We will expect the client to provide us with a copy of their H&S policy and current risk assessment applicable to the place where the "shoot" will take place. If there are any discrepancies we will insist that these are corrected before work can begin for the protection of all concerned parties.

c) We will expect the person or company responsible for the site of work to either inform us of or make available to us, any protective clothing which has been highlighted by their or our risk assessments as being necessary.