TERMS AND CONDITIONS FOR USE OF WEBSITE
www.lucywightmanphotography.com
IMPORTANT NOTICE
www.lucywightmanphotography.co.uk is the website address for Lucy Wightman Photography (hereafter referred to as “the Company”, “Lucy Wightman Photography” “we” “me” “I” or “us”). All use of the Company’s website is on the terms set out below and the terms apply to all pages of
www.lucywightmanphotography.com
If you do not agree with any of these terms then please cease use of the website now. All visitors to this website are bound by these terms and conditions and the terms form a contract between us so you may wish to print off a copy for future reference. We reserve the right to change the terms from time to time to meet the needs of the business and any changes will be posted here.
Access to this Website may be restricted, suspended or terminated at any time.
1. INFORMATION
a. Please remember that if you use this website you are responsible for maintaining the confidentiality of your account and any passwords and should ensure you restrict access to your computer to prevent unauthorized access to your account. You must inform us immediately if you have any reason to believe that your password has become known to anyone else or if it may be being used in any unauthorized manner.
b. Please ensure that the details you give to us are complete and up to date and notify us of any changes to the information you provide to us.
c. We make every effort to ensure that our website is accurate and up to date. Please advise us as soon as possible in the event you notice any inaccuracies or other problems with the website.
d. Please ensure you check independently on any information before you rely on it. Whilst we use do our utmost to ensure information is correct at the time of posting on the site no representations are made by us that all information is accurate, up to date and complete and we shall not be liable in any way for any loss or damage arising from any inaccuracy in any information or information which is out of date. All information is provided free of charge.
e. We reserve the right to refuse access to the website, to terminate customer accounts, to remove or edit website content or to cancel any orders if necessary. In the event the Company cancels an order it will be without charge to you.
2. ORDERING AND SUPPLY OF GOODS
Lucy Wightman Photography welcomes orders from international buyers. Simply complete the contact form and confirm which items you wish to purchase. You will receive a reply confirming the total price including shipping by the most cost effective method.
All services supplied or goods purchased from us are subject to these terms and conditions.
a. You confirm that you are over 18 years old.
b. You may order Goods from the Web Site by submitting a completed order form.
c. Please note that all orders are subject to availability.
d. We aim to keep items in stock at all times, however our products are handmade and there may be rare instances when the items are unavailable.
e. Please be aware that whilst we take great care to describe all our products, our items are handmade, therefore, some of the tones and design may slightly vary.
f. Lucy Wightman Photography items are in high demand and you can be confident that the items ordered should reach you within a few days but please allow 7 days for delivery.
g. The Company will confirm acceptance of your order by email to the email address you supply and the sending of this email, whether or not the same is received by you, is confirmation of the details of the order and of the contract with us. Please make sure you provide us with the correct email address and ensure that your e mail is in full working order.
h. The Company shall not be liable for any problems caused by you supplying faulty information (such as the wrong email address or wrong delivery address) or due to your failure to make any particular specification.
i. No statements made in these terms or on this Web Site shall be deemed to affect the statutory rights of a consumer which cannot be restricted or excluded currently under the law.
j. Every effort is made to ensure that the information featured on the website is correct, in the case of errors being made Lucy Wightman Photography will endeavor to remedy, replace or refund goods as quickly as possible from the time of being made aware of the situation, we will not be held liable or responsible for any losses as set out in the limitations of liability section of these terms.
k. It is the responsibility of the customer to notify Lucy Wightman Photography immediately if there are any delivery problems or if the goods ordered are unfit for purpose, not as described on the Web Site or not of satisfactory quality.
l. All products and services and postage and packaging must be paid for in full prior to the dispatch of goods ordered unless agreed in writing. Once an order has been placed, processed it may not be cancelled without due cause.
3. PRICE AND PAYMENT TERMS
a. The Price of the Goods shall be the price quoted on the Web Site at the time your order is accepted. We try to ensure that all details including prices are displayed accurately and are up-to-date. Obviously prices may vary from time to time so please make sure you check all the relevant details before you place an order with us as prices may have altered since you last visited our site.
b. The Price of the Goods shall be inclusive of VAT and postage for UK destinations only.
c. International buyers must email using the contact form to confirm which item(s) are to be purchased. An email confirmation will be sent to you advising the additional shipping price.
d.i) Payment to Lucy Wightman Photography is in £ pounds sterling through PayPal. PayPal accepts all major credit and debit cards. Payment should be made at the time your order is accepted.
d.ii) UK buyers - if you do not hold a PayPal account you can pay by banker's draft, UK postal order or by cheque. Payment must be received within 5 working days (Mon-Fri). You must email us using the contact form to confirm which item(s) you wish to purchase. A confirmation email will be sent including details of where your payment needs to be posted. Please write your full name and address on the reverse of your cheque or postal order and sign it. You must send a note with your payment showing which items you are purchasing. We recommend sending by recorded delivery and retain proof of postage. Your merchandise will only be posted out once your payment has cleared (up to 10 working days for a cheque). Please be prepared to wait for your merchandise. If payment is not received within the time specified and you have not emailed Lucy Wightman Photography to advise of any problems, your order will be cancelled outright and the item(s) relisted. You will receive an email notification in this event.
e. These terms of sale are subject to change without notice and are correct at time of writing.
4. DELIVERY
a. All our products are securely packed. We shall arrange delivery of the Goods ordered by you to the address confirmed on your PayPal account and not to a temporary address.
b. Orders will be dealt with as soon as they are accepted and we aim to dispatch all orders within 1-3 working days.
c. If for any circumstances beyond our control we are unable to produce an item it will be marked as “currently not available”. You may still place an order but it will only be dispatched once the item is again available. We reserve the right to withdraw any products from sale at any time. If you wish to check availability please email using the contact form (see main menu). If your order cannot be fulfilled you can either have a full refund to your PayPal account or choose a replacement item.
d. In the event you fail to take delivery of the Goods ordered or fail to supply adequate instructions to facilitate delivery of Goods we reserve the right to cancel Your order and to retain the Goods. In these circumstances we shall refund you the price paid for the Goods we were unable to deliver, excluding any postage/shipping costs.
e. In the event there is a problem or alleged problem with Goods ordered or delivered you agree to notify us within seven (7) working days of delivery in connection with any problem with Goods or within thirty (30) days of placement of your order in the event of non-delivery of Goods.
5. RETURNS
a. As you are buying Goods over the internet you may have rights under the Distance Selling Regulations which currently give you the legal right to cancel your order within seven (7) working days of receiving the Goods ordered. Please note that these regulations do NOT APPLY to certain items including but not limited to ANY BESPOKE ORDERS.
b. If you do have a right of cancellation you may cancel an order by notifying us in writing no later than seven (7) days following your receipt of the Goods provided you return the Goods to us unopened and undamaged in their original packaging with all associated labels and tags and in a saleable condition We will not refund the cost of return postage.
c. We reserve the right to refuse to accept returns of items which are damaged.
d. The notification of cancellation must state your order number and/or title details and please give reasons for cancellation.
e. Provided you comply with these terms we shall provide you with a refund for cancelled Goods within thirty (30) days of our receipt of the returned cancelled Goods.
f. Other than as stated in these terms Goods may not be returned for any reason other than due to any breach of the consumer laws from time to time in force under which you may be entitled to a remedy e.g. the Goods are not what You ordered or the Goods are faulty or not of satisfactory quality within the meaning of the Sale and Supply of Goods Act 1994. In the unlikely event the item that you have ordered is unsuitable or faulty please inform Lucy Wightman Photography within 24 hours using the contact form Returned goods will not be accepted unless you have emailed first confirming your full name, address, item title, purchase price and reason for return.
g. Postal address for returning will be emailed to you on request
We strongly recommend that you obtain proof of posting and return by registered/recorded delivery when returning items, as Lucy Wightman Photography will not be held responsible for any products that are lost in transit for which you have no proof of registered/recorded posting. All decisions made by Lucy Wightman Photography are final. This does not affect you statutory rights.
6. DISCLAIMER
a. We have used all reasonable endeavors ensuring the accuracy of information on the website but provide no warranty or guarantee in respect of the information.
b. We make no representations as to the adequacy or appropriateness of items for sale or services for your purpose.
c.
www.lucywightmanphotography.co.uk reserves the right, at its discretion, from time to time to make changes to the information provided on the
www.lucywightmanphotography.co.uk website. You are therefore, advised to check the information provided to you on the
www.lucywightmanphotography.co.uk website regularly. Any reliance that you place on the accuracy of that information is at your own risk; we do not under any circumstances guarantee the accuracy of any of the information or links provided on the site.
d. We will not be liable under any circumstances whatsoever for any consequential, direct, indirect punitive, or special damages arising from the use of the service or whilst being transferred to any other site via links of any kind.
e. You accept full responsibility for accessing any links to other websites and we shall not be liable for any products, information, advice or practices of any third parties who may be linked to this Website.
f. All users of
www.lucywightmanphotography.co.uk do so at their your own risk and take full responsibility for any consequences which may arise from accessing and using the website, responding to or using the services of the advertisers links that maybe found on the website.
g.
www.lucywightmanphotography.co.uk expressly disclaims and shall not be liable for all or any warranties, expressed or implied by any advertiser featured or listed by
www.lucywightmanphotography.co.uk relating to any products or services, including in particular, any warranties of satisfactory quality or fitness for a particular purpose. Customers must check this directly with the relevant supplier.
h. Under no circumstances will
www.lucywightmanphotography.co.uk or any of its directors, employees, agents, shareholders, direct associates, sponsors or any other party involved in the advertising, maintenance, distribution or sale of
www.lucywightmanphotography.co.uk services be liable for any direct, indirect or consequential damages, or incidental damage, including but not limited to, loss of business, goodwill, profits, savings or anticipated savings or any other intangible losses whatsoever that result from any of the following:
i. Any information, data or materials whatsoever which are downloaded or transmitted over the internet. We are unable to ensure the security of any information transmitted over the internet and attempts to do so are carried out at your own risk.
www.lucywightmanphotography.co.uk and its associates shall not be held responsible in any way, or be liable for any damages or injury that may transpire as a result of such actions.
ii. Errors, omissions, mistakes, interruptions, deletion of e-mail or files, suspension, delays in operation transmission or service response time, termination, defects, viruses or any failure of performance with and in connection with
www.lucywightmanphotography.co.uk including, without limitation those arising from communications failure, destruction due to unauthorized access of systems, programs and services, theft or acts of God.
iii We cannot guarantee that the
www.lucywightmanphotography.co.uk website will be uninterrupted or completely error-free; furthermore we cannot ensure or guarantee in any way that the
www.lucywightmanphotography.co.uk website is free from viruses, harmful components or any interference by unauthorized users or hackers. It is the sole responsibility of the visitor or site user to protect his or her own systems against such situations.
7. PRIVACY AND CONFIDENTIALITY
a. The confidentiality of Customers and site visitors is a top priority at Lucy Wightman Photography and we comply with all aspects of the Data Protection Act 1984 and the new act of 1998. When a client/customer makes an order or sends us an enquiry we may ask for their name, telephone numbers, email addresses, postal addresses and company information along with information to enable us to fulfill their order and to help us manage and maintain their records. We are committed to protecting the privacy of users of our website and services.
b. We will never sell or share your personal information with third parties unrelated to it (other than with your prior agreement and at your request) and will only use the information we collect from customers in the following way:-
i We may use your name, email, address and other information you supply to us to let you know about our services, special offers and sales.
ii We may also use your contact details to let you know about any enhancements to our website or any subscription benefits to which you may be entitled. If you would rather not receive any information from us please email us using the contact page at
www.lucywightmanphotography.co.uk If you wish to find out more about Data Protection and privacy go to
www.dataprotection.gov.uk/
8. GENERAL
a. Any rights of third parties under the Contracts (Rights of Third Parties) Act 1999 are hereby expressly agreed not to apply and any agreement made in connection with this site shall be strictly between you and the Company.
b. All purchases made from this website shall be deemed to have been concluded in England and these terms shall be governed by the laws of England and Wales whose courts shall be the only courts of competent jurisdiction in the event of any dispute. Please be aware that once the Company has confirmed your order we will have a legally binding contract with you.
c. The
www.lucywightmanphotography.co.uk website may be accessed from outside of the UK. Laws may differ outside of the English Jurisdiction, all visitors or users of this site from all countries, agree and acknowledge that by accessing this site they do so knowing that English Laws apply, whilst doing so visitors and users must respect, and are solely responsible for, complying with the local laws of their own territory. Also if ordering from overseas you may be subject to additional import duties, charges or taxes which may be levied once a package reaches its destination and you accept full responsibility for payment of any such additional charges.
9. COPYRIGHT
This web site is owned and operated by Lucy Wightman. Unless otherwise specified, all photographs appearing on this site, are the sole property of Lucy Wightman, Copyright © 2008, ALL RIGHTS RESERVED.
No form of reproduction, including copying or saving of photographs displayed on this site, or the alteration or manipulation of said photographs, is authorized unless accompanied by written permission from Lucy Wightman. All rights not expressly granted herein are reserved. Any unauthorized use of the photographs appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. For information regarding commercial or personal uses, please contact me via the Lucy Wightman Photography contact page.