1) VICTORIA JANE PHOTOGRAPHY
All content on this website including but not limited to photographic work is protected under copyright laws. Copyright © 2009-current, VICTORIA JANE PHOTOGRAPHY
2) General
2-1 The placing of an order by a client and the acceptance of that order by VICTORIA JANE PHOTOGRAPHY brings into being a contract on the terms set out in the following paragraphs.
2-2 In addition to these terms any special terms agreed between VICTORIA JANE PHOTOGRAPHY and the Client before signing the ‘Order Form’ shall apply. It is however the intention that only terms recorded in writing on the ‘Order Form’ will apply.
2-3 All orders shall be in writing either on an VICTORIA JANE PHOTOGRAPHY ‘Order Form’ or the Client’s official order form, envelope or letterhead, and shall be signed by or on behalf of the Client by an authorised representative.
2-4 In exceptional circumstances and entirely at its own discretion VICTORIA JANE PHOTOGRAPHY may accept an order given orally by an existing or former Client who has in the past had notice of these terms. These terms shall apply equally to an order given and accepted orally.
2-5 In the case of VICTORIA JANE PHOTOGRAPHY accepting an order given orally, the Client shall confirm the order in writing as soon as practical. In the absence of written confirmation VICTORIA JANE PHOTOGRAPHY will not accept liability for any error in executing the order which arises as a result of misunderstanding or mishearing caused by the order being given orally.
2-6 VICTORIA JANE PHOTOGRAPHY reserves the absolute right to refuse to accept any order whatsoever and for whatever reason, particularly in cases where VICTORIA JANE PHOTOGRAPHY has reason to believe that acceptance and execution of the order will lead to a breach by it of the laws of obscenity, libel or copyright, or to the aiding and abetting or condoning of such a breach by any other party.
3) Price & Payment
3-1 The price payable by the client for the order shall be in accordance with VICTORIA JANE PHOTOGRAPHY’s price list at the time of acceptance of the order. VICTORIA JANE PHOTOGRAPHY reserves the right to alter its price list at any time and without notice.
3-2 The price list published from time to time is inclusive of VAT at the current applicable rate.
3-3 VICTORIA JANE PHOTOGRAPHY reserves the right to make additional charges when completion of an order is requested in less than normal delivery times.
3-4 Payment terms shall be ‘Cash with Order’ or ‘Cash on Delivery’ at the discretion of VICTORIA JANE PHOTOGRAPHY unless a credit account has been agreed by VICTORIA JANE PHOTOGRAPHY.
3-5 Subject to satisfactory status VICTORIA JANE PHOTOGRAPHY will give monthly credit account facilities. The continuance of account facilities will be kept under review with the value of the orders per month and the manner in which the account is conducted. Withdrawal of account facilities from the Client shall be at the absolute discretion of ONE VISION IMAGING.
3-6 All accounts shall be settled in full by the Client within 30 days of the date of the invoice or at a time agreeable and accepted in writing by both VICTORIA JANE PHOTOGRAPHY and the Client.
3-7 Any account with an outstanding balance which is overdue by more than 60 days will be referred to the ‘PPLA Credit Reference Service’. This may affect your credit rating and may lead to court action.
3-8 VICTORIA JANE PHOTOGRAPHY reserves the right to charge the Client interest on invoices which have not been paid within 30 days of the due date for payment until payment in full at 1% above [HSBC] Bank Plc’s base rate from time to time.
3-9 VICTORIA JANE PHOTOGRAPHY no longer accept cheques as a form of payment
4) Liability
4-1 VICTORIA JANE PHOTOGRAPHY will take all reasonable care in the handling and processing of all materials belonging to the Client.
4-2 Subject to paragraphs 4(3) and 4(4) below, VICTORIA JANE PHOTOGRAPHY ‘s liability for loss of or damage to the Client’s materials, shall be limited to such loss or damage which was reasonably foreseeable at the time the order was placed.
4-3 Where original materials are deposited with VICTORIA JANE PHOTOGRAPHY it shall be the Client’s responsibility to inform VICTORIA JANE PHOTOGRAPHY of the value of such materials either before or at the time of deposit. If the Client fails so to inform VICTORIA JANE PHOTOGRAPHY , VICTORIA JANE PHOTOGRAPHY ‘s liability for loss of or damage to any such materials shall not exceed £50 per item.
4-4 Where original materials are submitted to VICTORIA JANE PHOTOGRAPHY on computer disk or other electronic or digital erasable media of which the Client does not have another copy, the Client shall inform VICTORIA JANE PHOTOGRAPHY of that fact either before or when the materials are submitted. If the Client fails so to inform VICTORIA JANE PHOTOGRAPHY . VICTORIA JANE PHOTOGRAPHY ‘s liability for loss of or damage to any such materials shall not exceed £50 per item.
4-5 VICTORIA JANE PHOTOGRAPHY shall not be liable for any loss or damage suffered by the Client or any third party through any reasonable or avoidable delay in completing the order howsoever caused.
5) Accuracy of Size & Colour Matching
5-1 Sizes quoted are not precise. It is the Client’s responsibility to inform VICTORIA JANE PHOTOGRAPHY at the time of ordering if any dimensions are critical.
5-2 The Client must accept that close colour matching is subjective and that totally accurate colour matching to 100% fidelity is rarely possible. However, VICTORIA JANE PHOTOGRAPHY will endeavour to achieve the closest possible colour match within the limitation of terimaals and processes used. Where accurate colour matching is essential, the Client shall provide sample materials for use by VICTORIA JANE PHOTOGRAPHY as colour matching guides.
6) Copyright & Warranties
6-1 Ownership of copyright
The copyright in this website and the material on this website (including without limitation the text, computer code, artwork, photographs, images, music, audio material, video material and audio-visual material on this website) is owned by VICTORIA JANE PHOTOGRAPHY
6-2 No additional copies, physical or digital may be made of any item purchased from VICTORIA JANE PHOTOGRAPHY.
Any photographic prints purchased from VICTORIA JANE PHOTOGRAPHY are also bound by strict usage rules and are intended solely for private use. Private use is limited to the following examples:
> Mounting and framing for display within your own home or office for all non-commercial reasons.
> Packaging and posting the print (framed or unframed) as a gift for no commercial gain.
You may not:
• Reproduce the print in any manor, including but not limited to photographing, scanning or photocopying the print.
• Make any commercial gain from the print through resale by any means without express written consent from myself.
• Modify the print in any way, including the removal of any labels attached to the print, of the Copyright, Designs and Patents Act 1988.
7) Original Works Created by VICTORIA JANE PHOTOGRAPHY
7-1 Where the terms of the order require VICTORIA JANE PHOTOGRAPHY to create original works the copyright in such an image/s shall be the property of VICTORIA JANE PHOTOGRAPHY under the Copyright, Designs and Patents Act 1988.
7-2 All materials on which original works are created by VICTORIA JANE PHOTOGRAPHY shall remain the property of VICTORIA JANE PHOTOGRAPHY and VICTORIA JANE PHOTOGRAPHY undertakes to file and store all such original materials safely and to make them available for future reproduction. Where VICTORIA JANE PHOTOGRAPHY gives possession of original materials to the Client such original materials shall nevertheless remain the property of VICTORIA JANE PHOTOGRAPHY and shall be given to the Client on free loan for the duration of the copyright licence. Prints (whether from negatives, transparencies or digital files) will become and remain the property of the Client. However, the Client acknowledges that ownership of any physical materials such as prints, transparencies or digital files/discs does not imply ownership of the copyright in the images on them (which remain the property of VICTORIA JANE PHOTOGRAPHY in accordance with paragraph 7(1) above) or any right to reproduce or authorise the reproduction of any such images by any means.
8) Artwork
The Client shall ensure that artwork sketches and specific copying material supplied by him or his agents shall be accurate, unambiguous and clearly legible.
9) Proofs & Additional Work
Proofs may be submitted for Client approval. VICTORIA JANE PHOTOGRAPHY shall not be liable for any errors that have not been corrected by the Client. Client alterations, other than alterations arising from mistakes on the part of VICTORIA JANE PHOTOGRAPHY, may give rise to an extra charge. Equally additional work caused by omissions or ambiguity in the Client’s copy or instructions may also incur an additional charge. In either such case any additional charge shall be such reasonable amount as reflects the additional work which VICTORIA JANE PHOTOGRAPHY has had to undertaken.
10) Delivery
10-1 VICTORIA JANE PHOTOGRAPHY will use all reasonable efforts to select an appropriate method of delivery of the finished materials to the Client to comply with the Client’s reasonable instructions and will inform the Client of the method of delivery and any additional cost at the time of the order.
10-2 In cases where delivery is by first class post, or a delivery service chosen by the Client (apart from any delivery service operated exclusively BY VICTORIA JANE PHOTOGRAPHY) VICTORIA JANE PHOTOGRAPHY will not be liable for any loss or damage occurring while the finished material is in transit.
10-3 The Client is advised to insure all such material against risks associated with delivery.
11) Acceptance of Finished Material
The Client shall within 7 days of delivery (or within 3 days if the Client enters into this contract in the course of its business) notify VICTORIA JANE PHOTOGRAPHY of any alleged defect, shortfall in quantity, damage or failure to comply with description or sample and return the completed materials together with all associated paperwork and packaging to VICTORIA JANE PHOTOGRAPHY within 7 days (or within 3 days if the Client enters into this contract in the course of its business) of the said notification. If the Client shall fail so to notify VICTORIA JANE PHOTOGRAPHY without reasonable explanation he shall be deemed to have accepted the materials and they will be presumed to be without any defect or damage which may be apparent on reasonable examination.
12) Lien & Retention of Title
12-1 VICTORIA JANE PHOTOGRAPHY shall have a right to retain all of the Client’s materials in its possession and shall reserve the right to retain any such materials until all monies due and payable have been received.
12-2 In the event of non-payment in accordance with these terms and conditions for any original photography created from VICTORIA JANE PHOTOGRAPHY, thereby rendering any reproduction of the image(s) by the Client a breach of copyright. In such circumstances VICTORIA JANE PHOTOGRAPHY reserves the right to take such legal action as may be appropriate.
While we take all reasonable care in the handling and processing of your photographic material our liability for loss or damage is limited to that which is foreseeable at the time we accept your order. This liability shall not exceed £50 UNLESS you inform us when placing your order that the value of your material is in excess of £50 and this is written on your Order Form.
IS YOUR MATERIAL ON ELECTRONIC OR DIGITAL ERASABLE MEDIA?
If so, it is your responsibility to maintain a separate copy of the material. If you have failed to do so our liability shall not exceed £50 UNLESS you inform us when placing your order that you do not have a separate copy and this is written on your Order Form.
PLEASE INSPECT YOUR PROCESSED MATERIAL ON RECEIPT
No responsibility can be taken for problems with your photographs if you do not inform us within 7 days of receipt.
TIME OF DELIVERY
Dates/Times stated for completion of the order are a guide only. If you wish to receive your order by a specific time please ask for written confirmation of our agreement.
This notice does not affect your statutory rights relating to the supply of goods and services.
Please contact your local Trading Standards Office or Citizens Advice Bureau for further information.
