RETAIL Ts & Cs
These Retail Terms and Conditions apply to the sales and purchases of physical products offered by Impressions Photography in person or remotely.
DEFINITIONS
For the purposes of these Retail Terms and Conditions, the following definitions apply:
“Impressions Photography” , the Artist, I, me, my ― Andrew Clifton, trading as Impressions Photography.
“you”, “the customer” ― any customer or prospective customer
Artwork ― Any physical or digital product created and sold by Impressions Photography and subject to copyright.
APPLICATION AND SCOPE
These retail terms and conditions:
Apply to all sales and purchases of physical products offered by Impressions Photography in person or remotely.
Are expressly agreed to and accepted by you, when you place an order with Impressions Photography.
Do not affect any statutory rights you may have as a consumer.
CONTRACT
The advertising of products on my promotional material and online presence constitutes an ‘invitation to treat’ rather than a contractual offer.
No contract will come into force between you and Impressions Photography unless and until you place an order and I am in receipt of full payment.
CANCELLATION
I will not accept any cancellation of or amendment to any order placed online, on the following grounds.
Orders placed online with Impressions Photography are processed and fulfilled by third parties including printing companies and their couriers.
When you place an order, I am automatically committed to immediate payment, in advance, for the fulfilment of the order by the relevant third parties. Such payment by me to third parties is debited from my bank account immediately upon their of your order and is non-refundable.
All of the products offered for sale by Impressions Photography are individually manufactured or printed to order by third party suppliers in accordance with the exact options, such as print size, selected by the customer when placing an order, and are therefore identified as ‘Bespoke and Customised Goods’.
Under the Consumer Rights Act any ‘distance or off-premises’ orders made for a product deemed as ‘Bespoke or Customised’ is exempt from cancellation rights.
For the avoidance of doubt, this means once your order is received and payment has been made, you do not have the right to cancel the order. This does not affect your statutory rights.
PRODUCTS
Products offered by Impressions Photography include, but are not limited to, digital photographs, printed photographs, photo albums and books and various printed gift items.
I may periodically change the products available to order, and I do not undertake to continue to supply any particular product or type of product.
COPYRIGHT
All images and/or photographs included in, depicted in or contained in any of our products remain the full copyright of Andrew Clifton, trading as Impressions Photography
Without my express permission and authorisation in writing, you are breaking the law by violating copyright if you duplicate or replicate, in whole or in part or with modification, any of the products, images and/or photographs included within your order or promoted, published, by any means including but not limited to:
scanning a printed photo/product onto a computer;
photographing a printed photo/product;
duplicating a printed photo/product in any way.
Any such duplication or replication of copyright material is subject to the terms of the copyright notice published on my website at www.impressions.photo/copyright
PRICES
My prices are stated in my promotional material, both in print and online.
All amounts and prices stated by Impressions Photography are fully inclusive of any applicable VAT, and no additional VAT is payable unless otherwise stated.
Whereas I endeavour to ensure that prices quoted in my promotional material online and elsewhere are up to date and consistent with the prices presented to you at online checkout, I accept no liability for any discrepancies or inconsistencies between promoted prices and checkout prices. When you place an order, you agree to and accept the checkout price presented to you.
CONDITIONS OF SALE
All physical and digital products or items of artwork that may be purchased from Impressions Photography are sold under the following conditions:
It is the artist’s expectation that the artwork will not be purchased for resale and will be retained by you for your own personal enjoyment. Specifically, you may not sell or offer for sale the Artwork either privately, via an art-dealer or gallery, or on any internet-based auction or other website.
It is the artist’s expectation that the artwork shall not be stored in a “freeport”, bank vault, warehouse or tax-exempt storage facility for any period greater 26 weeks.
If, having purchased an item of artwork, you later wish to dispose of it, you may arrange to for it to be sold via this website, subject to an administrative fee and to the condition that half the net revenue generated from this sale will be donated to charities supported by the Artist.
It is the artist’s expectation that, should the artwork be deemed to have appreciated in value, it may not be “donated” to a charity – whether or not the customer then uses this “charitable donation” as a means of avoiding tax.
If you wish for a charity to benefit from an increase in the market value of an artwork you have purchased, you may arrange for it to be sold for this purpose by me, provided that you make a binding commitment not to use this exchange to avoid tax.
UNJUSTIFIED CHARGEBACK
If you make an unjustified credit card, debit card or other chargeback, then you will be liable to pay me, within seven working days following the date of our written request:
an amount equal to the amount of the chargeback;
all third party expenses incurred by us in relation to the charge-back (including but not limited to charges made by our or your bank or payment processor or card issuer);
an administration fee of £25.00
all my reasonable costs, losses and expenses incurred in recovering the amounts referred to in this including, without limitation, legal fees and debt collection fees.
For the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge back as a result, this will constitute an unjustified chargeback for the purposes of these retail terms and conditions.
IMPORT DUTIES, ETC.
If you order products for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
It is your responsibility to comply with all applicable laws and regulations of the country for which the products are destined. Impressions Photography will not be liable for any breach by you of any such laws.
DELIVERY
Delivery of your order is fulfilled on my behalf by third party providers. I will endeavour to ensure you’re your order will be within the standard time period stated in my promotional material, in print and online . All time periods refer to working days and do not include weekends and bank holidays (weekends are Saturdays and Sundays). I accept no liability for loss, inconvenience or damage suffered due to delayed delivery, whatever the cause.
Delivery will be made to the address you specify to us when you place your order. I accept no responsibility for the accuracy of the delivery address you notify to us when you place your order, and you agree that we are not responsible for the delivery of your order to the wrong address if you have incorrectly supplied this address. I reserve the right to dispose of incorrectly addressed parcels and their contents if they are returned to us, without the obligation to refund you or any other person.
You must inspect the products as soon as possible following delivery. Any claim for incorrect deliveries, shortages or damaged products must be notified to us in writing within 14 days after the delivery date. We will not be liable for any loss or damage if you fail to do this.
RETURNS OF DEFECTIVE, DAMAGED OR MIDELIVERED PRODUCTS
If you find that any print or other product delivered to you is damaged or some way defective, or does not correspond to the details of your order, you can return the print to the printers for inspection and request either:
A replacement product, free of charge, plus a refund of the initial shipping cost; or
A full refund of the cost of the product plus shipping.
In order to for any such request to be evaluated and accepted you must:
Return the print in question together with any associated limited edition certificates (if applicable), to the following address: theprintspace, 74 Kingsland Road, London United Kingdom E2 8DL;
Inform me, by email, of the details of your request. Please note, it is helpful to attach photographs of the damage or defective quality of your print, so as to provide evidence in support of your claim.
When returning items you are strongly recommended to obtain proof of posting. I cannot accept responsibility for parcels lost in transit.
Please note that the colour settings and the type of your computer monitor that you use to view images online prior to ordering a print have an influence on the perception of how your image should look. You should be aware that images viewed in the majority of web browsers and computer monitor are not colour accurate, and that prints may look slightly different. There is also variation between different paper types. For these reasons, prints will not be accepted as defective on the grounds of a subjective judgement of imperfect colour accuracy.
Provided that your complaint is confirmed as valid, your request will be honoured as soon as possible.
Please note that these options for replacement or refund of prints apply only to demonstrably damaged or defective or incorrectly delivered products and are not available under any other circumstances.
RELATED DOCUMENTS AND NOTICES
These retail terms and conditions and should be read alongside, and in addition to, the following documents and notices:
Website T&Cs
Service T&Cs
Privacy policy
Copyright notice
GENERAL
Variation: I may revise these terms and conditions, from time to time, and publish updated versions on my website. Such revision will apply to contracts entered into at any time following the time of revision, but will not affect contracts made before the time of revision.
Law and Jurisdiction: These terms and conditions shall be governed by and construed in accordance with English Law. Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.