Terms & Conditions

Terms & Conditions – Colin Myers Photography

Myers Photography & Design Ltd trading as Colin Myers Photography.  Registered in Scotland.  Company Number SC684145.  Registered Office Address:  Office 2, 30/2 Eskbank Office Complex, Dalkeith, EH22 3NX, Scotland.

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1. Terms and Definitions:

(a) Picture includes a photograph, images, transparency, negative, digital scan, design, artwork, painting, montage drawing, engraving or any other item which may be offered for the purposes of reproduction.

(b) Reproduction includes any form of publication or copying of the whole or part of any picture and whether or not altered by printing, photography, slide projection (whether or not to an audience) xerography, artist’s reference, artist’s illustration, layout or presentation, electronic or mechanical reproduction or storage by any other means.

(c) The Photographer (otherwise known as Colin Myers) is the Author of the photograph or the Photographer.

(d) The Client is the person or organisation to whom an invoice is addressed (whether or not the Client is acting for a third party).

(e) The Customer is the person or organisation who has purchased goods via www.colinmyers.com (whether or not the Customer is acting for a third party).

(f) These terms and conditions represent the entirety of the agreement between Colin Myers Photography and the Client. Any variation is only applicable when agreed in advance and in writing.

2. Copyright and Ownership of Materials:

(a) The entire copyright in the pictures is retained by the Photographer, Colin Myers at all times throughout the world and is administered by Colin Myers Photography.

(b) Title to all photographs remains the property of the Photographer.

(c) Images will be licensed for use for a specified period. When the License to Use has expired, the images should be returned to the Photographer and a written undertaking given that all digital files have been destroyed. The Client is expected to comply with this requirement within 30 days of expiration of the License to Use. The Photographer reserves the right to make an additional charge for continued use after this period.

(d) The Photographer, as administered by Colin Myers Photography, supplies the technical and artistic ability to illustrate an idea photographically, and sells the right to reproduce those pictures in a given context. No property or copyright in any pictures shall pass to the Client whether on its submission or on Colin Myers Photography’s grant of reproduction rights in respect thereof.

(e) Colin Myers asserts both his moral right to be identified as the author of his work and the right to a credit is asserted in accordance with sections 77 and 78 of Copyright, Designs and Patents Act 1988.

(f) Unless otherwise agreed in writing if any picture reproduced by the Client omits the copyright notice or credit line specified by Colin Myers Photography any fee payable by the Client shall be subject to an increase specified by Colin Myers Photography, and in any event an increase of not less than 25%.

3. Use and Reproduction:

(a) The License to Use only comes into effect once full payment of the invoice has been made. No use may be made of the images until full and final payment – including any late payment charges that may have been levied – has been received by Colin Myers Photography.

(b) Permission in writing may be granted for image use before payment, however this permission will be immediately revoked if payment of the invoice is not made by the timescale stated on the invoice.

(c) Reproduction rights (if and when granted) are strictly limited to the use and period of time specified on Colin Myers Photography’ invoice. An agreement must be reached with Colin Myers Photography before the pictures are used for a different purpose or after the licence to use has expired.

(d) Reproduction rights are not issued exclusively to the Client except when specified on the invoice.

(e) Reproduction rights granted are personal to the Client and may not be assigned, nor may any picture submitted to the Client be loaned or transferred to third parties save for the purpose of the exercise by the Client of such reproduction rights.

(f) Any reproduction rights granted are by way of licence and no partial or other assignment of copyright shall be implied.

(g) Colin Myers Photography reserves the right to refuse to supply or grant a reproduction licence to a third party when requested to do so by the Client.

(h) In the case of printed publications, three copies of the relevant pages containing any picture supplied are to be furnished to Colin Myers Photography free of charge within two weeks. In other media, evidence of use must be made available if requested.

(i) On the Client’s death or bankruptcy or (if the Client is a company) in the event of a Resolution, Petition or Order for winding up being made against it, or if a Receiver is appointed, Colin Myers Photography may at any time thereafter inspect any records, accounts and books relating to the reproduction of its pictures to ensure that the pictures are being used only in accordance with the reproduction rights granted to the Client.

4. Definitions of Reproduction Rights:

The following terms are used when describing the reproduction rights granted by Colin Myers Photography and the Photographer to the Client.

(a) Internal Use only: The right to use the pictures only within a company for non-commercial purposes; publication in a free in-house magazine not normally available to the public; exhibition within the Client’s premises; editorial use in the Client’s intranet site.

(b) PR and Press distribution: The right to use the pictures as described in 4(a); plus a licence for third parties to reproduce such pictures in print or electronic media in an editorial context where no fee has been paid to guarantee publication.

(c) Specified Use Only: The right to use the pictures once only for the purpose as described on the invoice.

(d) Editorial: One reproduction only of pictures supplied within one print edition of the specified title in an editorial context only.

(e) Personal: The images may be used for personal purposes only.  For the avoidance of all doubt, this prohibits any use in any commercial situation.

5. Booking and Cancellation:

(a) The Client will be required to complete a Booking Form, on receipt of the booking form, Colin Myers Photography will send an email as confirmation. The booking will then be considered Confirmed.

(b) Once the Client has made a booking for a specific time and date and this date/time has been confirmed, Colin Myers Photography will not accept any other work from other clients for those times and dates.

(c) As a result, once a booking is Confirmed, if it is subsequently cancelled, a cancellation fee will be charged to the client according to the following schedule: (i) When a client cancels a confirmed booking within 10 business days of any confirmed date, an administration fee of £20.00 will be charged; (ii) When a client cancels photography within less than 10 days business of any confirmed date, a fee of 20% of the booked time rate will be charged. (iii) In addition to this cancellation fee, the client will be charged for any expenses already incurred by Colin Myers Photography.

6. Payment Terms:

(a) Payment terms are strictly net 28 days (four weeks) unless agreed in advance and in writing.

(b) If payment is not made in accordance with (a) above then Colin Myers Photography may rescind any Agreement and recover damages, or, at its option, may exercise its statutory right to interest under the Late Payment Of Commercial Debts (Interest) Act 1998.

(c) A fee of £25 will be made for each account reminder, duplicate invoice, or any other paperwork, correspondence or phone calls involved with the pursuance of a debt. This fee is non-refundable, and represents the additional time spent pursuing overdue invoices.

(d) The Client’s right to reproduce a picture arises only when Colin Myers Photography’s invoice relating to the grant of such right is fully paid (including interest charges levied on late payment of the invoice or invoices). Any reproduction before payment of the invoice constitutes an infringement of rights and a breach of this Agreement entitling Colin Myers Photography to rescind the Agreement and rendering the Client liable for the payment of damages.

(e) If any invoice issued to the Client is not paid by the Due Date, then all unpaid invoices issued to the Client become due of immediate effect, even if it is less than 28 days from the issue date, and that Colin Myers Photography may consider these invoices as overdue when pursuing legal action for the recovery of said debts.

7. Rejection:

(a) Colin Myers Photography will edit every image and deliver what it considers to be the best of every situation covered.

(b) Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style, composition or editing.

8. Liability and Indemnity:

(a) While Colin Myers Photography takes all reasonable care in the performance of this agreement generally, it shall not be liable for any loss or damage suffered by the Client of by any third party arising from use or reproduction of any picture or its caption.

(b) The Client agrees to indemnify Colin Myers Photography in respect of any claims or damages or any costs arising in any manner from the reproduction without proper reproduction rights of any picture supplied to the Client by Colin Myers Photography.

(c) It is the Client who must satisfy himself that all necessary rights, model releases or consents which may be required for reproduction, are obtained and it is acknowledged that Colin Myers Photography gives no warranty or undertaking that any such rights, model releases or consents have 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 picture is issued or reproduced by or with the authority of the Client then the Client shall indemnify Colin Myers Photography against any loss or damage, proceedings or costs where such rights, releases or consents have not been obtained.

9. Applicable Law:

(a) This Agreement shall be subject to and constructed according to Scottish Law and the parties agree to accept the exclusive direction of the Courts of Scotland.

(b) No variation of terms and conditions set out herein shall be effective unless agreed in writing by both parties.

(c) Email communication constitutes a contract in law, unless the Client specifically states they will not accept this and instead provides hardcopy paperwork of all relevant agreements and contracts.

10. Client Confidentiality:

(a)  The Photographer and Colin Myers Photography will keep confidential and will not disclose to any third parties or make use of information communicated to them in confidence for the purposes of the photography, save as may be reasonably necessary to enable the Photographer or Colin Myers Photography to carry out their obligations in relation to the commission.

11. Making Payment: 

(a)  Our terms are strictly net 28 days (four weeks) unless agreed in advance and in writing.

(b)  Payment by BACS is preferred and bank details will be provided on our invoice.  Payment via an email invoice will also be offered where a direct BACS payment is not possible but this will be at the discretion of Colin Myers Photography.

(c)  All website purchases are payable instantly and a sale is only finalised when full payment has been made and received by Colin Myers Photography.

12. Tours:

(a)  All tours provided by Colin Myers Photography are attended at the risk of the participant(s) attending the tour.

(b)  All participants of all tours are responsible for their own insurance and insurance for any equipment used on the tour including all camera(s) and video recording equipment.

(c)  All participants agree that any injuries or accidents sustained whilst participating on any tour provided by Colin Myers Photography must be claimed against their own insurance and agree to indemnify Colin Myers Photography of all liability for any such injury, loss or accident to the participant(s) or their possessions.

(d)  All tours must be paid in full no later than two weeks before the tour is due to start.  Any failure to complete payment in line with this timescale will invalidate the booking and allow Colin Myers Photography to cancel the booking without refunding any payment made to date.

(e)  The tour participant(s) are not permitted to cancel the tour(s) under any circumstances and absolutely no refunds will be made in respect of any payments in relation to the tour(s) provided by Colin Myers Photography, under any circumstances.  In the event of any tour being cancelled by the participant, no refund will be made.

(f)  If a tour has to be cancelled by Colin Myers Photography, the client will be contacted via the email address and/or the telephone number provided at the earliest time possible.  A full refund will be offered if a reschedule of the tour(s) is not acceptable or possible with the participant(s).

(g)  If a tour is cancelled for any reason, Colin Myers Photography cannot be held responsible for any loss, financial or otherwise including, but not limited to the costs associated with travel and accommodation.

(h)  Any abusive or derogatory behaviour towards other participants of the tour, members of the public and/or the tour guide will not be tolerated.  Colin Myers Photography reserves the right to remove anyone from a tour(s) at the discretion of the tour guide, without any liability whatsoever.

(i)  All children participating on a tour under the age of 16 must be accompanied by a responsible adult and are the responsibility of that adult – no unaccompanied children will be permitted on any tour.

(j)  Taking photographs of the other participants and/or the tour guide without their express permission is prohibited.

(k)  Payment for any tour(s) provided by Colin Myers Photography constitutes inherent acceptance of all the terms and conditions on this page.

13. Photo Shoots:

(a)  All photo shoots undertaken by Colin Myers Photography are attended at the risk of the participant(s) attending the photo shoot.

(b)  All participants of all photo shoot are responsible for their own insurance and insurance for any equipment used within the photo shoot including all camera(s) and video recording equipment.

(c)  All participants agree that any injuries or accidents sustained whilst participating on any photo shoot undertaken by Colin Myers Photography must be claimed against their own insurance and agree to indemnify Colin Myers Photography of all liability for any such injury, loss or accident to the participant(s) or their possessions.

(d)  All photo shoots must be paid in full no later than two weeks before the shoot is due to start.  Any failure to complete payment in line with this timescale will invalidate the booking and allow Colin Myers Photography to cancel the booking without refunding any payment made to date.

(e)  The photo shoot participant(s) are not permitted to cancel the photo shoot under any circumstances and absolutely no refunds will be made in respect of any payments in relation to the photo shoots undertaken by Colin Myers Photography, under any circumstances.

(f)  If a photo shoot has to be cancelled by Colin Myers Photography, the client will be contacted via the email address and/or the telephone number provided at the earliest time possible.  A full refund will be offered if a reschedule of the photo shoot is not acceptable or possible with the participant(s).

(g)  If a photo shoot is cancelled for any reason, Colin Myers Photography cannot be held responsible for any loss, financial or otherwise including, but not limited to the costs associated with travel and accommodation.

(h)  Any abusive or derogatory behaviour towards other participants of the photo shoot, members of the public and/or the photographer will not be tolerated.  Colin Myers Photography reserves the right to remove anyone from a photo shoot at the discretion of the photographer, without any liability whatsoever.

(i)  All children participating on a photo shoot under the age of 16 must be accompanied by a responsible adult.

(j)  Taking photographs of the other participants and/or the photographer without their express permission is prohibited.

(k)  Payment for any photo shoots provided by Colin Myers Photography constitutes inherent acceptance of all the terms and conditions on this page.

14. Weddings:

(a)  All wedding photography undertaken by Colin Myers Photography are attended at the risk of the participant(s) attending the wedding in relation to the photographs shot at the wedding.

(b)  All participants of all weddings are responsible for their own insurance and insurance for any equipment used within the photo shoot including all camera(s) and video recording equipment.

(c)  All participants agree that any injuries or accidents sustained whilst participating on any wedding undertaken by Colin Myers Photography must be claimed against their own insurance and agree to indemnify Colin Myers Photography of all liability for any such injury, loss or accident to the participant(s) or their possessions.

(d)  All wedding photography fees must be paid in full no later than two weeks before the shoot is due to start.  Any failure to complete payment in line with this timescale will invalidate the booking and allow Colin Myers Photography to cancel the booking without refunding any payment made to date.

(e)  The wedding participant(s) are not permitted to cancel the wedding photography under any circumstances and absolutely no refunds will be made in respect of any payments in relation to the photo shoots undertaken by Colin Myers Photography, under any circumstances.

(f)  If the wedding photography has to be cancelled by Colin Myers Photography, the client will be contacted via the email address and/or the telephone number provided at the earliest time possible.  A full refund will be offered if a reschedule of the wedding photography is not acceptable or possible with the participant(s). 

(g)  If wedding photography is cancelled for any reason, Colin Myers Photography cannot be held responsible for any loss, financial or otherwise including, but not limited to the costs associated with travel and accommodation and/or the costs of the wedding itself including ceremony venue, reception venue and photo shoot venue.

(h)  Any abusive or derogatory behaviour towards other participants of the wedding, members of the public and/or the photographer will not be tolerated.  Colin Myers Photography reserves the right to remove anyone from the wedding photography shoot at the discretion of the photographer, without any liability whatsoever.

(i)  All children participating in wedding photography under the age of 16 must be accompanied by a responsible adult.

(j)  Taking photographs of the other participants and/or the photographer without their express permission is prohibited.

(k)  Payment for any wedding photography provided by Colin Myers Photography constitutes inherent acceptance of all the terms and conditions on this page.

15. All Sales Of Matt Photographic Prints & Canvases:

(a)  All matt photographic prints and canvases sold are produced on demand, to meet the specific customer order – no stock is held and no refunds will be made for incorrect orders including orders for the wrong image, size, format or with the wrong delivery address supplied by the customer at the point of ordering.

(b)  Delivery times are not specified or guaranteed in any way, shape or form.  No liability is accepted for any missed customer/client deadlines  and no refunds will be made due to delivery timescales being out with customer/client expectations, unless otherwise agreed, in writing by Colin Myers Photography at the time of ordering.

(c)  Canvases can only be  shipped out with the UK in sizes A4 and A3 only – any orders for a canvas, out with the UK in any size other than A4 or A3 may be cancelled and a full refund will be offered to the customer, less any costs we may incur where applicable.  Any orders for canvases in sizes other than A4 or A3 where delivery is out with the UK must be agreed in writing by Colin Myers Photography.

(d)  There may be some variations in colour between what appears on any screen and the final colours printed, applicable to both matt photographic prints and canvases – this is due to images being viewed on different computers/phones/tablets and any/all other devices all being configured with different settings, screens etc.  No refunds will be given unless the matt photographic prints/canvases supplied can be seen to be defective.  All such cases and claims will be investigated on a case by case basis by Colin Myers Photography.

(e)  Refunds will only be made for matt photographic prints and/or canvas prints when the items are defective.  The only exception to this is where the goods cannot be supplied by Colin Myers Photography and in such circumstances, a full refund will be provided for all items purchased, including the cost of postage and packing where paid, where goods cannot be supplied to the customer/client for any reason.

(f)  Any matt photographic prints or canvases ordered via this website (www.colinmyers.com) that are shipped to a destination address out with the United Kingdom may be subject to taxes / customs fees / other associated costs applicable to any given country when receiving goods.  It is the responsibility of the customer to ensure they are aware of any potential taxes / customs fees / other associated costs and no refunds will be made to cover these costs in any way. shape or form.

16. Calendar Sales:

(a)  Absolutely no refunds will be made for incorrectly ordered calendars from those available – it is the responsibility of the customer/client to order the correct calendar and is also the responsibility of the customer/client to supply the correct delivery address when ordering.

(b)  Delivery times are not specified or guaranteed in any way, shape or form.  No liability is accepted for any missed customer/client deadlines and no refunds will be made due to delivery timescales being out with customer/client expectations, unless otherwise agreed, in writing by Colin Myers Photography at the time of ordering.

(c)  Unless otherwise agreed in writing, where no delivery address has been supplied for any customer/clientcalendar order, the calendar will be shipped to the billing address we have on record.  This will be taken from PayPal/Credit Card data if necessary.  Absolutely no refunds or reissues of calendars will be made for deliveries arriving at an address, when no alternative address has been supplied by the customer/client and the address used matches the billing/PayPal Account used for the order.

(d)  Colin Myers Photography will issue all calendars in suitable protective packaging via the Royal Mail (UK) or any other suitable, reputable courier for delivery.  If a calendar arrives damaged, this be reported to Colin Myers Photography within 14 days of receipt to raise any claim for a refund or replacement.

(e)  Any claim for a refund or replacement calendar arising from any damage occurring whilst in transit must be accompanied by clear photographic evidence of the damaged calendar(s) and the packaging.  Any claim without photographic evidence of both the calendar and the packaging cannot be upheld and will not constitute valid photographic evidence.

(e)  All requests for refunds or replacement calendars arising from items being damaged in transit will be progressed in line with the official complaints and compensation procedures in place for the supplier of delivery services.  Any request for a refund or replacement constitutes acceptance that you may be contacted by the supplier of the delivery service or anyone else involved in the investigation to prove the validity of your claim.  This may include law enforcement agencies and other government agencies if this is deemed necessary as part of the investigation.

(f)  There may be some variations in colour between what appears on any screen and the final colours printed, applicable to all calendar sales – this is due to images being viewed on different computers/phones/tablets and any/all other devices all being configured with different settings, screens etc.  No refunds will be given unless the calendars supplied can be seen to be defective.  All such cases and claims will be investigated on a case by case basis by Colin Myers Photography.

(g)  Any calendars ordered via this website (www.colinmyers.com) that are shipped to a destination address out with the United Kingdom may be subject to taxes / customs fees / other associated costs applicable to any given country when receiving goods.  It is the responsibility of the customer to ensure they are aware of any potential taxes / customs fees / other associated costs and no refunds will be made to cover these costs in any way. shape or form.

(h)  It is the responsibility of the customer/client to check the shipping method used for all calendar sales namely International Economy (Surface), International Air Mail or International Air Mail Tracked or UK Post – no refunds can be made after shipping has been ordered and no refunds will be made for any shipping method paid for incorrectly by the customer/client.  All sales are final.

17. All Subscription & Online Games Sales:

(a)  All payments made for subscription plans are final and no refunds will be made for any reason, regardless of whether or not the user has actually logged in and used the service or not; subscription payment constitutes acceptance of this term and no refund will be made.

(b)  All rewards for loyalty, on all plans where loyalty rewards are advertised, require the full number of monthly payments to be made before any reward can be supplied. For the avoidance of all doubt, where 6 monthly subscription payments are required to qualify for the reward, the customer must complete 6 monthly payments before the reward is given.  This applies for all rewards and reward periods. 

(c)  No loyalty rewards will be given where a customer cancels their plan/stops subscription payments before the qualification period is complete with no exceptions.

(d)  Loyalty rewards are not transferable and cannot be carried over where a break in subscriptions occurs i.e. if a user is registered as a paying member for 11 months, cancels then return for a further month, this does not constitute 12 months subscription – this constitutes 1 months subscription.  All subscription rewards are only applicable for the continuous subscription without break i.e. 12 months in a row, 18 months in a row etc.  No exceptions will be made for this rule.

(e)  All subscription plans are recurring and will continue to collect until you cancel the plan.  No refunds will be made for any reason.  It is the responsibility of the customer to cancel their plan before their next collection date, if they wish to cancel.

(f)  Customers may cancel their membership at any time and there is no obligation to continue with any subscription for any given period of time however, no refunds will be given for partial months or subscription payments made.

(g)  All subscription material provided online for viewing/reading online, remains the property of Colin Myers Photography and may not be reproduced/copied/printed/re-distributed in any way, shape or form without the express written permission of Colin Myers Photography.

18. All Website Sales (www.colinmyers.com):

(a)  All payments made for goods are final and no refunds will be made for any mistakes made in the ordering process.  This applies to all products and includes personalisation, customisation and signed products.

(b)  All goods sold are produced ‘on demand’ to order, for the customer, via Colin Myers Photography and thus no refunds will be made for any orders where the buyer changes their mind.

(c)  Delivery times are not quoted or guaranteed unless otherwise agreed in writing and refunds will not be offered for any goods purchased by the buyer on account of delivery time taken.

(d)  Jigsaw Puzzles sold by Colin Myers are intended for adults and contain small pieces which may be a choking hazard for children under 3 years of age.

(e)  Any goods ordered via this website (www.colinmyers.com) that are shipped to a destination address out with the United Kingdom may be subject to taxes / customs fees / other associated costs applicable to any given country when receiving goods.  It is the responsibility of the customer to ensure they are aware of any potential taxes / customs fees / other associated costs and no refunds will be made to cover these costs in any way. shape or form.

19. Returns Policy (www.colinmyers.com):

(a)  All payments made for goods are final and no refunds will be made or returns accepted for any mistakes made in the ordering process.  This applies to all products and includes personalisation, customisation and signed products.

(b)  All goods sold are produced ‘on demand’ to order, for the customer, via Colin Myers Photography and thus no refunds will be made or returns accepted for any orders where the buyer changes their mind.

(c)  Returns will only be accepted where the goods ordered and paid for are demonstrably defective – all cases will be handled on a case by case basis and all cases will require photographic evidence of defects in the first instance.  Where the defect has arisen through damage in transit, photographic evidence of the damaged packaging materials will also be required to verify any claim and before any return is accepted.

(d)  All returns must be fully agreed as accepted by Colin Myers Photography before any goods are returned and all goods must be returned in the original packaging unless otherwise agreed.  Buyers are responsible for the cost of postage/packing on returns.

(e)  No returns will be accepted without meeting the above criterion and photographic evidence supplied.  This does not affect your statutory rights.