Terms and Conditions
1.Status of Terms
1.1 These terms constitute a legal document (“the Agreement”), which sets out the rights and obligations of you as a purchaser (“you”), and those of Blink of an Eye Photography Ltd (“Blink of an Eye Photography”, “we” or “us”), in relation to the services and products offered by us through this site or through our photography studio. By registering for Blink of an Eye’s Photography services, you agree to the terms of this Agreement, and you re-affirm that agreement every time you use any of our services.
1.2 You agree to:
1.2.1 provide true, accurate, current and complete information about you as prompted by our registration form (such information being the “Registration Data”); and
1.2.2 maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Blink of an Eye Photography has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete.
2. Place of performance and applicable law.
Blink of an Eye Photography is a company registered in England. Unless otherwise specified, the materials on this site are directed solely at those who access this site from the United Kingdom mainland. Blink of an Eye Photography makes no representation that any product referred to in the materials on this site is appropriate for use, or available, in other locations. Those who choose to access this site from other locations are responsible for compliance with local laws if and to the extent local laws are applicable. English law shall govern this Agreement.
You and we each submit to the exclusive jurisdiction of the English courts in relation to disputes arising out of this Agreement.
3. Placing an order
3.1 Goods supplied to you by Blink of an Eye Photography will correspond with their prices and description.
3.2 In the unlikely event that an incorrect price is shown on our website. Blink of an Eye Photography reserves the right to abstain from fulfilling the order at that price. You will of course be notified, and at which point you will be informed of the correct price, and given the choice to proceed with the order.
4. Returns Policy
Subject to the right of Consumers to return goods for refund under The Supply of Goods and Services Act and Distance Selling Regulations, Blink of an Eye Photography does not sell products on a trial basis. Customers are strongly advised to check suitability and specifications of products before ordering.
Due to the bespoke nature of your order. We do not accept cancellations. If a cancellation is made, the order will not be delivered and a 50% charge of the full price will be upheld and remain payable within 3 months from the date of the order.
4.2 Faulty or incorrectly described Goods
You will always have the option of an exchange at the collection appointment if the goods are faulty. In all cases we reserve the right to inspect the product and verify the fault and, if no fault is found return the product to you.
4.3 This returns policy does not affect your legal rights. Details are available form Citizens Advice Bureau.
5. Limitation of Liability
5.1 Nothing in this Agreement shall affect the statutory rights of any consumer or exclude or restrict any liability for death or personal injury arising from the negligence or fraud of Blink of an Eye Photography.
5.2 Subject to clause 5.1, you agree that Blink of an Eye Photography shall not be liable either in contract, tort, negligence, statutory duty or otherwise, for any direct loss or damage (including loss or damage which is reasonably foreseeable or occurs naturally in the course of things) resulting from any acts, omissions, failures or delays occurring on or in relation to those parts of the Internet not under Blink of an Eye Photography’s direct control including, without limitation, damage for loss of business, loss of sales, non payment of sums due, loss of profits, business interruption, loss of reputation, loss of business information, or any other pecuniary loss (even where Blink of an Eye Photography has been advised of the possibility of such loss or damage).
5.3 The only liabilities that Blink of an Eye Photography can exclude are those arising from the following.
5.3.1 In cases where losses were not foreseeable to both parties when the contract was formed.
5.3.2 Where losses were not caused by any breach on the part of Blink of an Eye Photography.
5.3.3 For any business losses, and/or losses to non-consumers.
We guarantee all orders will be received within 90 days. If Blink of an Eye Photography cannot delivery within 90 days you will be notified immediately to arrange another time for delivery, or if you would prefer, to cancel your order. All images must be collected from the studio premises as no liability can be taken by posting products.
7. Complaints handling procedure
In the unlikely event that you have any complaints as to our service or any of the goods and services supplied to you from our site, please contact us by either: E-mail at [email protected] Phone: 07787226122. All complaints are taken seriously and will be investigated as soon as they are brought to our notice. We will endeavour to rectify any problems as soon as possible.
All designs, text, graphics and their selection and arrangement on this site are the copyright of Blink of an Eye Photography or its content providers. As a visitor to this site you are only permitted to copy electronically or to print portions of this site that have been prior agreed by Blink of an Eye Photography in advance(NONE). Any other use of materials on this site without Blink of an Eye Photography’s prior written consent is strictly prohibited and you will be liable to a copyright enfringement fee of £1000.
Due to the ordering process certain information given by you at the time of ordering is collected lawfully and in accordance with the Data Protection Act 1998, solely by Blink of an Eye Photography. Blink of an Eye Photography does not disclose any customer information to any third parties. The information is used only for the purpose of processing your request and to communicate with you on any matters relating to the provision of the service in general. Information and statistics may also be used for the purpose of monitoring site usage. These statistics will not include any information that can be used to identify any individual. We may contact you in future regarding special offers, news items etc. If you do not wish to be contacted please let us know when placing an order by checking the appropriate box.
9. Terms and Conditions for any offers with Groupon/Living Social or other voucher companies:
9.1- A £20 retainer is required to hold your session. This is either fully redeemable (minus the provider fee-Paypal) at the viewing or refundable after the viewing (allow 4-6 weeks)
9.2- A surcharge will be held where the session runs over the allocated hour according to the voucher session when no purchases are made or if the viewing is made via an online gallery as this is not a standard service. This surcharge will be £20- in these circumstances we will hold on to your deposit.
9.3- If no purchase is made at the viewing the free image included in the session will be the first edited image in the session with no allowances.. Once a client spends over £50 at the viewing, they are free to choose their included image.
9.4- If the voucher includes a copyrighted DVD slideshow (All images are digimarked) so if they appear anywhere, we will be able to track them and a copyright infringement charge of £1000 will be charged per image. When a client spends over £250 at the first viewing only we will remove the copyright watermark on the DVD allowing you to post your slideshow online). Package available- Bump-Baby-or My first year- includes 3 x Photoshoots (£300) and one image from each shoot(5×7 at £65 each) (3copies of) Full price £705.
All payment must be made in full at the first viewing. If a special payment arrangement is made, all payments outstanding must be paid in full by the end of the 3rd month from the viewing. It is your responsibility to phone up and pay the outstanding amounts until the balance is settled. Blink holds no responsibility for missed payments and a £5 charge will be occurred for any missed payments or payment failures.
©2014 Blink of an Eye Photography Ltd