Terms & Conditions

BODY Portraits

share:
 

1. About us and these terms and conditions

1.1 

"We" are Body Portraits, a company registered in England under company number [ 486 4879 ] and with its head office at [ High Street Lane End, High Wycombe, Buckinghamshire HP14 3JG].  If you have any comments, suggestions or complaints, we would be pleased to receive them at this address or by e-mailing us at  info@fyeo.me.uk  Alternatively, you may call us on 01494 880 250

1.2

These Terms and Conditions govern the supply by us of any products ordered by you, whether on the  fyeoportraits.co.uk site ("the Site") or by any other means.

1.3

In these Terms and Conditions:

 

1.3.1 

"you" means the person who orders a Product from us;

 

1.3.2

"the Contract" means your order of a Product in accordance with these Terms and Conditions which we accept in accordance with clause 2.6 below;

 

1.3.3

"business day" or a "working day" means a day which is neither (a) a Saturday or Sunday nor (b) a public holiday anywhere in the United Kingdom;

 

1.3.4

“Media” means all tangible media or material comprised within the Photographic Product; 

 

1.3.5

“Photographic Product” means the photographic image that we produce, develop, edit and supply following the Studio Session, including all transparencies, negatives, prints, canvases, albums, CDs, calendars, triptych or any other type of physical or electronic material;

 

1.3.5

“Product” means the products and services comprised in (a) the Studio Session and/or (b) the Photographic Product, as ordered by you; and 

 

1.3.6

“Studio Session” means your attendance at our studios located at [ High Wycombe or Manchester ] at a time agreed with us, when we will take photographic images of you.


2. Making orders of products / shoots

2.1 

When making an order on the Site, you must follow the instructions on the Site as to how to make your order and for making changes to your order before you submit it to us. You confirm that you are an adult aged 18 or over and are based in, and have a delivery address in, the United Kingdom.

2.2

Once you select a Product that you wish to order, you will then be shown or told the price you must pay including VAT, if applicable, and standard delivery charges. Subject to clauses 2.9, 2.10 and 2.11 below, this is the total that you will pay for receipt of the ordered Product - there are no extra charges unless you opt for special delivery or we agree to make delivery outside the United Kingdom, in which case we shall inform you of any additional cost before we accept your order.

2.3

You shall pay for the Product at the time of ordering by supplying us with your credit or debit card details from a credit or debit card company acceptable to us, which we require in order to process your order. If you order face-to-face, you may pay by an acceptable credit card or, alternatively, by cheque guarantee card or cash. We shall obtain the money for payment of the Product when we accept your order.

2.4

When you submit an order to purchase a Product from us on the Site, you agree that you do so subject to these Terms and Conditions together with:

 

2.4.1 

The Site Terms and the Copyright Notice and the Privacy Policy in force at the time of your order.

 
2.4.2 
Products are not transferable once you have bought your chosen photo shoot package.

2.5

All Standing order arrangements, once commenced by placing your deposit with us are non refundable / transferable.

2.6

We shall not be obliged to supply the Product to you until we have accepted your order. An e-mail, letter, fax or other acknowledgement of your order is purely for information purposes and does not constitute acceptance of your order. Until we accept your order, we reserve the right to refuse to process your order. Once we have received and verified payment from you, we will confirm that your order has been accepted by sending you an email at the email address that you provide on your order form (or otherwise provide you with other written notification of acceptance). In any event, acceptance will be deemed to take place when we confirm a Studio Session in writing with you or commence production of the Photographic Product.

2.7

Our acceptance of your order brings into existence a legally binding contract between us which can only be cancelled by you in accordance with these Terms and Conditions.

2.8

If you discover you have made a mistake with your order after you have submitted it to us, please contact info@fyeo.me.uk immediately. You must do so before we accept your order, otherwise you are obliged to pay for the Products ordered.

2.9

If the price for the order changes before we accept your order, we will contact you and ask you to confirm that you wish to proceed at the amended price.

2.10 

If there is no VAT applicable to your order, then the price that you must pay to us for the order will be reduced by deducting the VAT element confirmed in the confirmatory e-mail.

2.11

Once you have ordered a Studio Session for a specific time and date, we will confirm that date in writing to you and will not accept any other work from other clients for those times and dates. This will be deemed to be commencement of the provision of the Products. Any subsequent change of date of the Studio Session requested by you will be subject to an additional fee of up to 50% of the price of the Product, chargeable at our discretion.

3. Your cancellation rights

3.1 We do not offer customer refunds, credit notes are available.

3.2 Offers and discounts

Only one offer or discount can be used per purchase

3.3 Once your order has been accepted, your cancellation rights are limited in accordance with this clause.
Provided that we have not already confirmed a Studio Session in writing with you or commenced production of the Photographic Product (which can occur at any time after our acceptance of your order), you have the right to cancel a Contract with us at any time up to the 7 days after the date when we accept your order. You have no right to cancel once we have booked a Studio Session or commenced production of the Photographic Product.
You have no right to cancel or reject the Products on the basis of style or composition.
If you have the right to cancel your Contract in accordance with this clause and you wish to do so, you must notify us in writng to the following address: Lane End Studios, High Street, Lane End, High Wycombe, Bucks HP14 3JG. Once you have notified us that you are cancelling your Contract.

3a. Cancelling /Postponing a shoot already booked in our diary

If less than 48 hours notice is given to postpone /cancel a booking held in our diary, 100% of the monies will be held by us. Photo Shoots bought with a special offer price, no refunds.

As soon as a date is held in the studio diary, the following refunds are availble at the studio's discretion.

up to one month before the shoot date, £150 refunded to customer

three weeks 80% refunded to customer

two weeks 50%

one week  20%

Any sum debited to us from you credit card will be re-credited to your account as soon as possible and in any event within 30 days of the date of your cancellation.
At a cost of £10 you may postpone your shoot to another time if you cannot make your original appointment date/time. To postpone your shoot we require at least 48 hours notice. The amount of times you may postpone your appointment is at our discretion.

4. Risk, title, delivery and copyright

We aim to deliver the Product to you at the place of delivery requested by you in your order under 'shipping address'. Alternatively, you may let us know if you wish to collect the Product from us at our premises, in which case we shall tell you when it is ready for collection. We aim to deliver or let you know when the Product is ready for collection within the time indicated by us but we cannot give an exact date. We shall not be liable to you for late delivery or for informing you late that the Product is ready for collection. Delivery times given by us or on the Site are estimates only.

All copyright in the Product shall vest in us and remain vested in us until payment in full by you has been received by us.

We advise collection of products from the studio where possible.
Risk in the Product shall pass to you on delivery or collection. You shall own the physical Product and all copyright in the Product will be assigned to you when we deliver it to you or when you collect it, provided that you have paid for the Product in full. We reserve the right to postpone delivery until we have received payment in full.

If delivery or collection is delayed through your unreasonable refusal to accept delivery or to collect it (after you have confirmed when placing your order; that you would like to collect it), then we may (without prejudice to any other right or remedy available to us) do either or both of the following:

charge you for our reasonable storage fee and other costs reasonably incurred by us; and

notify you that we are immediately cancelling the Contract, in which case we will refund the payment made by your credit card company to us for our sale of the Product to you, less our reasonable charges for producing, delivering and returning the Product.

5. Repairs to Media

5.1 

IF YOU ARE A CONSUMER, THE REMEDIES IN THIS CLAUSE 5.1 ARE ADDITIONAL TO AND DO NOT AFFECT YOUR STATUTORY RIGHTS, UNDER WHICH YOU HAVE THE RIGHT TO INSIST THAT GOODS THAT YOU BUY FROM BUSINESSES MUST CORRESPOND WITH THEIR DESCRIPTION, BE FIT FOR THEIR PURPOSE AND BE OF A SATISFACTORY QUALITY AND SERVICES MUST BE PROVIDED WITH REASONABLE SKILL AND CARE.

5.2

Subject to the rest of this clause 4, we warrant that when the Media is properly used, it will for a period of three months from delivery or collection materially conform to its specification provided by the Media manufacturer.

5.3

To the extent permitted by law, our entire liability for breach of warranty in clause 5 shall be at our discretion either to:

 

5.3.1 

repair the Media without charge; orr.

 
5.3.2 
replace the Media without charge; or

 
5.3.3
 
refund the price paid by you for the Product. (Not applicable for Copyright/JPEGS products)

   

5.4

The remedies under clause 5.3 shall be conditional on you providing us with full details of the defect within 1 week of receiving the goods. We may decide not to repair, replace or refund the Product and we may require you to pay all reasonable carriage costs if we find that the Product is not defective or that the Product has been misused.

5.5

The warranty in this clause 5 sets out our liability in respect of a defective or damaged Media and to the extent permitted by law shall apply in lieu of and instead of all other conditions, warranties or obligations which would otherwise be implied by common law, statute or otherwise. The warranty contained in this clause 5 is specifically limited to the person who makes the order with us. No warranty is made to any other person. If you would like us to repair or replace the Product outside of the time limit in clause 5.2, we may agree to do so subject to a reasonable fee.

6. Circumstances beyond our control

We shall not be liable for any delay or failure to supply or deliver the Product due to any circumstances outside our reasonable control.

7. Limitation of our liability

IF YOU ARE A CONSUMER, THE PROVISIONS IN CLAUSES 7.3 and 7.4 DO NOT APPLY TO YOU.
We do not exclude our liability for our fraud or for death or personal injury caused by our negligence.

Subject to clause 7.2, we shall not be liable to you (whether in contract, tort or otherwise) in respect of any indirect or consequential losses, damage, costs or expenses, loss of profit, loss of revenue or loss of goodwill suffered by you arising from your use of the Product or from your order to purchase a Product including any error, omission or defect in the Product, even if such losses were reasonably foreseeable or we or our sub-contractors or agents had been advised of the possibility of your incurring such losses.

Subject to the rest of this clause 7, our total liability to you, whether in contract, tort or otherwise, shall not exceed the price of the defective or undelivered Product under the Contract. You acknowledge that this is a fair amount given the price of the Product and allocation of risk between you and us.

8. General

We shall keep a record of your order and these Terms and Conditions. We advise you to print and keep a copy of these Terms and Conditions, your order and any e-mail or written acknowledgement that we make.

The Contract shall be governed by English law and you hereby submit to the non-exclusive jurisdiction of the English courts. All dealings, correspondence and contacts between us shall be made or conducted in the English language.

No failure or delay by us to exercise at any time or for any period of time any term of, or any right under, these Terms and Conditions does not constitute and shall not be construed as, a waiver or that term or right and shall in no way affect our right to enforce or exercise it later.

If any clause in these Terms and Conditions shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as the Terms and Conditions shall be capable of continuing in effect without the unenforceable term.

These Terms and Conditions (incorporating the Site Terms, the copyright notice and the Privacy Policy for orders made from the Site), together with price, Product and delivery details agreed between you and us, contains the entire agreement between you and us in relation to the Contract. These Terms and Conditions apply to the exclusion of any contracts or terms submitted, proposed or stipulated by you.

A person who is not a party to the Contract has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce a term of the Contract.

BODY Portraits- Terms and Conditions Version 1 Dated 03.05.07

Re-shoot policy

In the instance where you are unhappy with the images from your shoot, we have a re-shoot policy. The re-shoot policy states that we will, at our discretion, invite the client back for a re-shoot within 1 month of the original shoot.

We will only offer a re-shoot where we believe it is due/necessary and will resolve the issue. If the client simply wants more images or is unrealistic about how she should appear we will not offer a re-shoot. We will not add any images from the existing shoot into the gallery. All images not in the gallery will be deleted immediately.

On line viewing gallery

Your online gallery will be available for a limited period of time. After this time has expired, You can pay to have the gallery re-uploaded at a cost of £29. This fee is redeemable against any purchase made thereafter.

Retouching 

If you would like any additional retouching to your images you can request this when placing your order by entering in the reference number of the image and describing your request within the ‘notes’ field. Our print team will do their best to meet your request but any additional retouching is always at our discretion and always in line with our house style and ethos.

Print accuracy 

We produce photographic prints as accurately as possible. 
Print colours may differ form what you see on your online gallery dues to different user settings and monitors. We cannot be held responsible for this.

To maintain the house style of our products, contrast or crop/composition in the photographic products may differ to online gallery images.

During your shoot 

For the comfort of staff members and other clients, during your photoshoot the studio is a closed set, this means that no men are allowed. A female friend or family member can sit in with you, at your photographer’s discretion. NO CHILDREN are permitted at the studio, so if you need to bring your child with you please bring along an responsible adult to take them elswhere and supervise them for the duration of your appointment.

Tax free

If by nature of where you live you are able to purchase prints free of tax, or are able to reclaim tax, you must contact us  before you make your purchase. Once an order has been placed, and payment made,  cannot enter into any correspondence or dialogue regarding tax issues.

Prices

All Purchase Prices and specifications of Prints are subject to change without notice, except where we have accepted your Order and agreed to deliver the Prints to you.
You can have your gallery re-uploaded for a cost of £29, which is redeemable against any purchase made thereafter.

Payment

The Purchase Price payable for photographic prints must be paid in advance by:
a. Secure credit card payment via secure online payment system: PROTX.

Cheque made payable to FYEO PORTRAITS after prior arrangement with us on 01494 880250.

Standing Order — arranged by telephone.

Finance options that are available at the time and subject to approval.

BODY Portraits retain the right to check with your card provider and/or any credit reference agency or bank to confirm whether or not you are able to pay the Purchase Price. BODY Portraits has the right to refuse your order at their discretion.

9. Delivery

All Prints will be delivered to you at the address you provide during the order process, or where you don’t supply one we will delivery to your default address, within the service time-frame specified of your Order being accepted by us, unless an alternative timeframe is notified to you by us.
Estimate
We will always do our best to work to your deadline. At some busy periods this may not be possible but we will inform you of this in such an instance.
The time of delivery is an estimate only and BODY PORTRAITS™ shall not be liable for any late delivery of the Prints or any consequential loss or damage caused as a result.

10. Returns policy

In the event that the Prints are damaged or defective when you receive them, or do not match the description specified in the Service, you will be entitled to return the Prints to BODY PORTRAITS™, within 7 days of receipt by you making sure you notify us by telephone and email beforehand. In those circumstances, BODY PORTRAITS™, will either reprint the photographs or provide a refund.

Not faulty

In the event that you return any Prints to us and you can demonstrate that they were not faulty when received by you, we reserve the right to return the Prints to you and to claim the cost of such return postage from you.

11. Privacy

We will not, for any reason, use any of the images from your shoot for advertising or marketing purposes without your signed consent.

We do our best to ensure that your privacy is maintained but cannot accept resposibility in the instance of anyone accessing your email account or opening parcels delivered to your designated delivery address.

All encrypted digital media you receive is your responsibilty to remember the agreed password . This is especiallly important since we routinely delte all old customer shoot files from our servers to free up space and maintain security, thereby making it impossible to retreive and re-suply your old photoshoot.

12. Copyright

Copyright of all images taken by the business is owned exclusively by the business, save for the following transfers:

i./ Full copyright release is transferred on the purchase of a high resolution digital file

ii./ Restricted size copyright release is transferred upon the purchase a low resolution image or private web album

 

Copyright is not released upon the purchase of a photographic print.

All customer images remain confidential, save for the agreement between client and the business with a model release form. Customer confidentiality is paramount to the business, your images are kept for a short time then deleted.

transparent gif
transparent gif