Terms And Conditions

Penny Clare Photography

Terms & Conditions of business

May 2023

Where to find information about me and my products

You can find everything you need to know about me and my products and services on my website https://www.pennyclarephotography.com/ before you order.

I can also confirm any key information to you via email before you place an order for products or services.

For transparency, when you engage me, I don’t give business customers all the same rights as consumers

For example, business customers can't cancel their orders, they have different statutory rights where there is a problem with a product and I don't compensate them in the same way for losses caused. Where a term applies just to businesses or just to consumers, this is clearly stated. You are a business customer if you are buying products wholly or mainly for use in connection with your trade, business, craft or profession, even if you are an individual.

When you buy from me, or engage me to provide photography services, you are agreeing that:

I only accept order and requests for services when I have reviewed the order or request.
Sometimes I reject orders or requests for services.
If you order using my website at www.pennyclarephography.com, I do not supply your product directly, this is supplied by a third party provider.
If you order using my website, you are charged when you order the product.
If you engage my services, you pay for photography services prior to the event taking place and any products at the point of ordering them.
I may charge interest on late payment for services.
I may pass on increases in VAT.
I am not responsible for delays in customers receiving products that are the outside of my control, including where the third party who is responsible for the production of your order is liable for the delay.
Products can vary from the pictures that are available on the website.
Services will vary from the pictures that are displayed to advertise my services and are dependent upon the individual conditions the photos are taken in.
You are responsible for the cooperation of people, children and animals being photographed. There will be no refund where non-cooperation means a session cannot go ahead.
If you are a consumer and you bought online, you have the legal right to change your mind.
You have statutory rights if there is something wrong with your product.
I can change products, services and these terms.
I can suspend supply and withdraw products. If this happens after you have placed an order you will be entitled to a refund.
I can end my contract with you.
I do not compensate for all losses caused by my products.
I will process your personal data as set out in my privacy notice.
You have several options for resolving disputes with me.
I assert my right to be identified as the author of my work and the right to a credit in accordance with Sections 77-79 of the Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof.
Other important terms apply as set out in these terms and conditions.

If you are a business customer this is my entire agreement with you

If you are a business customer these terms constitute the entire agreement between us in relation to your purchase or engagement for services. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by us or on our behalf which is not set out in these terms and that you have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

I only accept orders when I have checked them

I may contact you to confirm I have received your order and then I contact you again to confirm I’ve accepted it and when I dispatch or supply the product.

If you choose to make a purchase of a product online (i.e. a print, mug or canvas), these products are accepted automatically.

Sometimes I reject orders or requests to provide services

Sometimes I reject orders, for example, because a product is unexpectedly out of stock, because you have not signed my consent form, because I cannot verify your age where the product or service is age restricted or because you are located outside of the UK or in an area that I do not service. I may also reject orders if a product is mispriced. If this happens, I will let you know as soon as reasonably possible and refund any sums you have paid.

Paying for services and timings.

If I provide a quote for providing a service, the fee will be at that agreed rate. A brief will be taken at the time of booking a service with me. If alterations are made after the booking has been confirmed, I reserve the right to charge extra expenses and fees. If the length of time that I am booked to attend an event for changes, the fee will increase on an hourly rate basis of £25 per hour. I will make you aware when this applies as soon as reasonably possible. If I am booked to attend an event and the timing of this changes without prior notice being given by you, I will not be liable for my non-attendance at the event for its full duration and the fee will still be payable.

If you are required to pay for services in advance of an event and payment is not made within the timescale set out, services may not be carried out.

Quoted fees include mileage up to 25 miles. Additional mileage will be charged at 50 pence per mile thereafter. Details of mileage expenses will be included within your quote.

If you order using my website, you are charged when you order the product.

If you engage my services, you pay for photography services prior to the event taking place and any products at the point of ordering them. I may invoice you for services or products in advance of the service taking place, in which case payment terms are strictly 7 days from the date of the invoice unless agreed in advance and in writing.

However, for some products we take payment at regular intervals, as explained to you. If your product is goods (rather than digital content or services), you will own that individual product when you have made payment. However, the entire copyright, title, and intellectual property rights of any Images will remain that of Penny Clare Photography at all times. You may not redistribute images from products that you have purchased without written consent from me.

If you are a business customer you have no set-off rights

If you are a business customer all amounts due under this agreement (from you to us or from us to you) shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

I charge interest on late payments

If I am unable to collect any payment you owe me, I may charge interest on the overdue amount at the rate of 8% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay me the interest together with any overdue amount.

I pass on increases in VAT

If the rate of VAT changes between your order date and the date I supply the product, I adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.

I’m not responsible for delays outside my control

If my supply of your product or service is delayed by an event outside of my control such as my third party supplier, inability to travel, issues with my equipment or availability or weather disruption I will contact you as soon as possible and do what I can to reduce the delay. As long as I do this, I will not compensate you for the delay. If the delay is likely to be substantial you can request a refund for any sums paid in advance of receiving a product or service, less any reasonable costs I have already incurred.

Products can vary slightly from their pictures and services may vary from those advertised on my website

A products true colour may not exactly match that shown on my website.

My photos may not reflect those shown on my website advertising my services and may vary in colour, style and light. The style of the photos will depend on the environmental variants present at the time they are taken.

No refund will be given where you are unhappy with the products for reasons outside of my control, this includes but is not limted to: lighting, composition, style, non-cooperation of people, children or animals, weather or other environmental factors.

You're responsible for making sure people, children and animals being photographed cooperate

You are responsible for the cooperation of those being photographed, including animals during a session.

I may at my discretion allow you to reschedule a session however generally, no refund will be given where non-cooperation results in the session needing to be cancelled.

No refund will be given where you are unhappy with the products for reasons outside of my control.

You’re responsible for requesting sizes of prints

If I agree to produce prints to measurements that you provide, you are responsible for ensuring these measurements are correct.

I will charge you if you do not give me information I need to provide my services

If you fail to sign the consent form in advance of services being provided, fail to make an advance payment prior to the event or fail to give me information about how to access the location or fail to do the necessary preparatory work before I arrive, the fee for services will still be payable.

If you are a consumer and you bought online, you have a legal right to change your mind

Your legal right to change your mind. For most of our products bought online, you have a legal right to change your mind about the purchase and to receive a refund of what you paid for it, including the delivery cost. This is subject to some conditions as set out below.

Your legal rights

14 days to change your mind (online only).

You pay costs of return

When you can't change your mind. You can't change your mind about an order for:

digital products, after you have started to download or stream these;
services, once these have been completed and you have downloaded the images;
goods that are made to your specifications or are clearly personalised; and
goods which become mixed inseparably with other items after their delivery.

The deadline for changing your mind. If you change your mind about a product you must let me know no later than 14 days after:

the day your product is delivered.
the day I confirm I have accepted your request for services;
the day I confirm I have accepted your order.

Changing your mind about services. When a booking is confirmed, if it is subsequently cancelled, a cancellation fee will be charged equivalent to 20% of the fee. If you have already paid a sum in advance for the service, 80% will be refunded. If you request to change the date, if a new date cannot be agreed, the same terms apply. In addition, I may charge you for any expense incurred as a result of cancellation or postponement.

How to let us know. To let me know you have changed your mind, please send an email to pennyclare2020@gmail.comor call me on 07718786810

You have to return the product at your own cost. If your product is goods, you have to return it to me within 14 days of your telling me you have changed your mind. Returns are at your own cost.

You can send the product back to me using an established delivery service. If you do that you should keep a receipt or other evidence of the service. If you don’t do this and I do not receive the product within a reasonable time frame, I will not refund you.

You have to pay for services you received before you change your mind. If you bought a service I don't refund you for the time you were receiving it before you told us you'd changed your mind. I will not refund for a service after you have already downloaded photos that have been sent.

I reduce your refund if you have used or damaged a product. If you handle the product in a way which would not be acceptable in-store, I reduce your refund, to compensate me for its reduced value. In some cases, because of the way you have treated the product, no refund may be due.

When and how I refund you. If your product is a service, digital content or goods that haven't been delivered or that we're collecting from you, I refund you as soon as possible and within 14 days of you telling me you've changed your mind. If your product is goods that you're sending back to me, I refund you within 14 days of receiving them back from you (or receiving evidence you've sent them to us). I refund you by the method you used for payment. I don't charge a fee for the refund.

You have rights if there is something wrong with your product

Return the product to me. If you think there is something wrong with your product, you must return it to me on the same terms as set out above in relation to returning products after you have changed your mind.

Your rights and remedies if you are a consumer. I honour our legal duty to provide you with products that are as described to you on our website and that meet all the requirements imposed by law. Your legal rights are summarised below. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk. Remember too that you have several options for resolving disputes with me.

Summary of your key legal rights

If your product is goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

Up to 30 days: if your goods are faulty, then you can get a refund.
Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.
Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.

If your product is digital content, for example photos, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:

If your digital content is faulty, you're entitled to a repair or a replacement.
If the fault can't be fixed, or if it hasn't been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.
If you can show the fault has damaged your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation

If your product is services, for example photography at an event or a portrait session, the Consumer Rights Act 2015 says:

You can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.
If a price hasn't been agreed upfront, what you're asked to pay must be reasonable.
If a time hasn't been agreed upfront, it must be carried out within a reasonable time.

Your rights if you are a business. I warrant that on delivery, and for a period of 12 months from the date of delivery (warranty period), any products which are goods shall:

conform in all material respects with their description and any relevant specification;
be free from material defects in design, material and workmanship;
be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
be fit for any purpose held out by us.

Your remedies if you are a business. Unless an exception applies (see Exceptions to business customers' warranty) if:

you give me notice in writing during the warranty period within a reasonable time of discovery that a product does not comply with the business customer warranty (see Your rights if you are a consumer);
I am given a reasonable opportunity of examining such product; and
you return such product to me at my cost;

I shall at my discretion, repair or replace the defective product, or refund the price of the defective product in full and this will be your only remedy for breach of the warranty. These terms shall apply to any repaired or replacement products supplied by me.

Exceptions to business customers' warranty. I will not be liable for a product's failure to comply with the business customer warranty (see Your rights if you are a business) if:

you make any further use of such product after telling us it is non-compliant;
the defect arises because you failed to follow my oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;
the defect arises because I followed any specification or request supplied by you;
you alter the product without my written consent; or
the defect arises because of fair wear and tear, wilful damage, negligence, or abnormal working conditions.

I can change products and these terms

Changes I can always make. I can always change a product:

to reflect changes in relevant laws and regulatory requirements;
to make minor technical adjustments and improvements;
to update digital content, provided that the digital content always matches the description of it that I provided to you before you bought it. I might ask you to re-download photos after amendments have been made.

Changes I can only make if I give you notice and an option to terminate. I can also make the following types of change to the product or these terms, but if I do so I will notify you to end the contract before the change takes effect and receive a refund for any products you've paid for in advance, but won't receive a refund on any Services that have already been provided.

I can suspend the supply of a product. I do this to:

deal with technical problems or make minor technical changes;
update the product to reflect changes in relevant laws and regulatory requirements; or
make changes to the product.

I may adjust the price and may allow you to terminate. I will contact you in advance if I will suspend supply of a product or service, unless the problem is urgent or an emergency, if I suspend the product or service for a period longer than 60 days, I will adjust the price so that you do not pay for it while it is suspended. If you want to end the contract, I will refund any sums you have paid in advance.

I can withdraw products

We can stop providing a product, such as an ongoing service or a subscription for digital content or goods. We let you know at least 30 days in advance and we refund any sums you've paid in advance for products which won't be provided.

I can end the contract with you

I can end our contract with you for a product and claim any compensation due to me if:

you don't make any payment to me when it's due and you still don't make payment within 14 days of me reminding you that payment is due;
you don't, within a reasonable time of me asking for it, provide me with information that I need to provide the service or product;
you don't, within a reasonable time, either allow me to deliver the product to you or collect it from me. If you do not collect or download products that you have purchased within 30 days (unless your product is clearly personalised), I will treat your order as cancelled and refund the purchase price.

I don't compensate you for all losses caused by me or my products

My liability to consumers. I am responsible for losses you suffer caused by me breaking this contract unless the loss is:

Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
Caused by a delaying event outside my control. As long as I have taken the steps set out in the section, I am not responsible for delays outside of my control.
Avoidable. Something you could have avoided by taking reasonable action. For example, failure to prepare properly for photography services or damages to the set.
A business loss. My liability for any loss you suffer in connection with your trade, business, craft or profession is limited, as described in My liability to businesses.

My liability to businesses. If you're a business, then, except in respect of the losses described in Losses I never limit or exclude:

I shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
My total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to £500 of the total sums paid by you for products under such contract.

Losses I never limit or exclude. Nothing in these terms shall limit or exclude my liability for:

death or personal injury caused by my negligence, or the negligence of my employees, agents or subcontractors (as applicable);
fraud or fraudulent misrepresentation;
breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
defective products under the Consumer Protection Act 1987; or
any matter in respect of which it would be unlawful for me to exclude or restrict liability.
No implied terms about goods. Except to the extent expressly stated in Your rights if you are a business, I exclude all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982.
I use your personal data as set out in our Privacy Notice
How I use any personal data you give me is set out in my Privacy Notice, available from my website.
You have several options for resolving disputes with me
Contact me in writing: email me at pennyclare2020@gmail.com
Resolving disputes without going to court (consumers only). Alternative dispute resolution is an optional process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court.
You can go to court. These terms are governed by English law. If you are a consumer then, wherever you live, you can bring claims against me in the English courts and if you live in Wales, Scotland or Northern Ireland, you can also bring claims against me in the courts of the country you live in. If you are a consumer I can claim against you in the courts of the country you live in. If you are a business you irrevocably agree to submit all disputes arising out of or in connection with my contract with you to the exclusive jurisdiction of the English courts.
Other important terms apply to our contract
You can only transfer your contract with me to someone else if I agree to this. If you're a consumer I may not agree to you transferring a contract to provide services if the service would be materially different to the one you have requested. I can require the new owner to prove you transferred the purchased service or product to them before providing the service or product. If you're a business you need my agreement to transfer your contract and it's entirely up to me whether I give it.
Nobody else has any rights under this contract. This contract is between you and me. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
Even if I delay in enforcing this contract, I can still enforce it later. I might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean I can't do it later.
Archiving of Images. All final images will be stored for 1 year after the date they were taken. If they are required after that time an admin fee may be charged. If photographs are lost or stolen, I am not liable beyond that 1 year period. Within 1 year, I am liable to the cost of the original service or product.
Liability and indemnity. It is your responsibility to satisfy yourself that all necessary rights and consents which may be required for reproduction of my products are obtained. It is acknowledged that I give no warranty or undertake that any such rights or consents have been or will be obtained whether in relation to the use of names, people, trade marks, registered or copyright designs or works of art depicted in any picture. In the event that the Image issued or reproduced by or with your authority does not have the necessary rights, releases or consents, then you shall indemnify me against all expenses, damages, claims, or legal costs arising out of any such failure.