1. Definitions – It is mutually agreed that the following terms and conditions form an integral part of this contract/invoice and that no variation or modification of this contract shall be effective unless accepted by Sharon Mallinson trading as Symply Boudoir Photography (also called “the Photographer” or “the Photographers”) in writing.
2. Agreement and acceptance of terms. All agreements and transaction between Symply Boudoir Photography and any clients are subject to these terms and conditions. All clients who complete an order for images from Symply Boudoir Photography agree from that point forward to be bound by these terms and conditions.
3. Copyright – The 1988 Copyright Act assigns the copyright to Symply Boudoir Photography. It is contrary to the Act to copy, publish, reproduce or store images electronically, unless the express permission of Symply Boudoir Photography has been purchased. If permission is granted, then transfer of the copyright commences only once payment for the copyright has been made in full.
4. Display – Symply Boudoir Photography will always ask for written permission to be display images from a session in the studio, portfolio, or in any other advertising directly associated with Symply Boudoir Photography, Confidentiality of the client, is paramount and will always be respected.
5. Force Majeure – Every effort will be made to carry out the contract but its due performance is subject to alteration or cancellation by Symply Boudoir Photography owing to any cause beyond their control (e.g. acts of God, change in legislation, floods, fire, computer failure, etc.). In the unlikely event of total photographic failure or cancellation of this contract by Symply Boudoir Photography, liability shall be limited to a full refund of all monies paid.
6. Law – These Terms and Conditions shall be governed and construed in accordance with the Laws of England.
7. Liability – Symply Boudoir Photography shall not be liable for indirect loss or third-party claims occasioned by delay in completing the work or for any loss to our clients arising from delay in transit. Where work is defective for any reason, including negligence, our liability (if any) shall be limited to rectifying such defect.
8. Licence – Symply Boudoir Photography shall be granted artistic licence in relation to the poses photographed, the location used and digital retouching. The Photographer’s judgement regarding the locations, poses and number of photographs taken shall deemed to be correct.
9. Photographs – All photograph sizes are nominal. Symply Boudoir Photography will provide a pleasing colour balance but cannot guarantee exact colour matching. In the case of part mono/part colour images, the colours used will be subject to the photographer’s artistic interpretation and will be deemed to be correct. All photographs supplied by Symply Boudoir Photography are produced to the highest standards using the best quality materials and latest processing techniques. However, all photographs will, in time, fade. This is particularly true if they are left in bright sunlight and are not behind glass. Symply Boudoir Photography cannot accept any responsibility for this gradual image deterioration. All portraits purchased are presumed to have been received in good condition unless the Client notifies Symply Boudoir Photography. in writing of any discrepancy or error within 2 days of receipt.
10. Payment – Full payment must be made before any orders placed into production, via cash or card.
11. Prices – All services and/or goods are supplied at the current prices ruling at the time of supply and are subject to change without prior notice.
12. Reprint Orders – All re-orders shall be treated as an extension of this contract. No responsibility for error will be accepted if orders are given in writing (email is acceptable).
13. Refund Policy – We will not refund, nor accept the return of/refusal to pay charges for, any technically acceptable photograph supplied either in print or in electronic format. No exception can be made as we cannot be held responsible for individual tastes or exceptions. Once an order has been placed, we will not offer a refund. We may at our discretion allow you to place an order for different products with the same value. This will not affect your statutory rights.
14. Retouching – the final output and finish of any image that is re-touched will be at Symply Boudoir Photography’s discretion.
15. Storage of Images – Original digital images are kept on an active file for 48 hours post ordering appointment, after which time they will be deleted unless expressly stated otherwise by Symply Boudoir Photography. All ordered images will be kept permanently, where possible. We recommend ALL clients purchasing digital files, back them up to several locations to keep them safe.
16. Data Protection – In compliance with the Data Protection Act 1998, personal data supplied to the Photographer may be stored for future use. This data will only be used to inform you of future opportunities and to be kept up to date and will only be held as long as is necessary. We do not store credit card details nor do we share customer details with any 3rd parties. Photographer will take all necessary steps to ensure the information is held and used in accordance with the above Act. However, should you not wish the data to be stored and/or removed please contact the Director at the address listed on the contract/invoice.
17. Lead times – are as follows;
Albums – 3 weeks Folio Collections – 3 weeks or Wall Art – 4 weeks.
These lead times are an estimate of the time it will take for your order to be ready for collection. Urgent orders are at the discretion of the management.
18. Collection and Delivery – All orders must be collected from the premises. In some circumstances (i.e. long distances) delivery can be arranged by the client (courier) with them bearing costs. There ‘may’ be a packaging charge.
19. Session Fees – The session fee is required for all bookings to secure your session time. Your session can be moved to another date if 48 hours notice is given. If your appointment is missed with no prior notice the session fee will not be refunded nor can it be applied to another date.
20. Data collection. We will NOT share your personal information with other companies, for any reason. Referral data can only be accepted by clients with the referral’s permission.
If you have any questions regarding storage of your data, you can contact us.
Email to: firstname.lastname@example.org
In writing to: Symply Boudoir Photography, Epinguet, De Burton Close, Billingborough, Lincs NG34 0PY