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Terms & Conditions

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.

 

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 Subscriber is the person or organisation who has subscribed to any subscription service(s) available via www.colinmyers.com (whether or not the Customer is acting for a third party).

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

(g) 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 at the rate prevailing at the time and for the duration of any unlicensed usage thereafter.

(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 £25.00 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 otherwise, 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 £25.00 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 company 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, 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 tour participants are responsible for their own personal insurance and the insurance for any equipment used on the tour including all camera(s) and video recording equipment, at all times.

(c) All tour 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(s) 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 by the tour participant(s), 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 under 16 years of age will be permitted on any tour.

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

(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 provided by Colin Myers Photography are attended at the risk of the participant(s) attending the photo shoot.

(b) All photo shoots participants are responsible for their own personal insurance and the insurance for any equipment used on the photo shoots including all camera(s) and video recording equipment, at all times.

(c) All photo shoot participants agree that any injuries or accidents sustained whilst participating on any photo shoot 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 photo shoots must be paid in full no later than two weeks before the photo shoots 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(s) 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 provided by Colin Myers Photography, under any circumstances.  In the event of any photo shoots being cancelled by the participant, no refund will be made.

(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 by the photo shoot participant(s), 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 and are the responsibility of that adult – no unaccompanied children under 16 years of age will be permitted on any photo shoot.

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

(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 photo shoots/wedding photography provided by Colin Myers Photography are attended at the risk of the participant(s) attending the wedding photo shoots/wedding photography.

(b) All wedding photo shoots/wedding photography participants are responsible for their own personal insurance and the insurance for any equipment used on the wedding photo shoots/wedding photography including all camera(s) and video recording equipment, at all times.

(c) All wedding photo shoots/wedding photography participants agree that any injuries or accidents sustained whilst participating on any wedding photo shoots/wedding photography 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 wedding photo shoots/wedding photography must be paid in full no later than two weeks before the wedding photo shoots/wedding photography 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(s) made to date.

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

(f) If a wedding photo shoot/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 photo shoot/wedding photography is not acceptable or possible with the participant(s).

(g) If a wedding photo shoot/wedding photography is cancelled for any reason by the photo shoot participant(s), 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 wedding photo shoot/wedding photography, members of the public and/or the photographer will not be tolerated.  Colin Myers Photography reserves the right to remove anyone from a wedding photo shoot/wedding photography at the discretion of the photographer, without any liability whatsoever.

(i) All children participating on a wedding photo shoot/wedding photography, under the age of 16, must be accompanied by a responsible adult and are the responsibility of that adult – no unaccompanied children under 16 years of age will be permitted on any wedding photo shoot/wedding photography.

(j) Taking photographs of the other wedding photo shoot/wedding photography participants and/or the photographer without their express permission is prohibited on all wedding photo shoot/wedding photography.

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

 

15. Sales Of Matt Photographic Prints & Canvases:

(a) All matt photographic prints and canvases sold by Colin Myers Photography are produced on demand, at the point of ordering by the customer, to meet the specific customer requirements i.e. specific image, format (matt photographic print or canvas), size and quantity.  No stock is held by Colin Myers Photography and no refunds will be made for any incorrectly ordered items on the grounds of wrong image, wrong format and/or wrong size ordered by the customer.

(b) Delivery times are not guaranteed in any way, shape or form and 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) There may be some variations in colour between what appears on any customer screen/device 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 etc – no refunds will be made for such variance, unless the matt photographic prints/canvases supplied can be seen to be defective.  All such cases and claims of defective goods will be investigated on a case by case basis by Colin Myers Photography, with clear photographic evidence showing said defects required to support any such claim.

(d) Any claims for damage to matt photographic prints and/or canvases caused by shipping must be submitted to Colin Myers Photography in writing via email or post, within 14 days of receipt of the goods by the customer.  All such claims must be substantiated by clear photographic evidence showing the damage to the goods and the packaging, with details provided as to when the goods were delivered and anything else relevant to support a postal investigation.  Customers agree that if they submit such a claim, Colin Myers Photography can and will share all evidence provided with the suppliers, Royal Mail and/or authorities as required to ensure we can recover our costs and this may result in the Royal Mail, local postal services and/or law enforcement agencies getting in touch with the customer to validate our claim for damages to goods whilst in transit.

(e) Where Colin Myers Photography upholds any customer claims for damage, a suitable replacement will be offered if this is available.  Where no suitable replacement can be supplied, a full refund will be provided to the customer.  Colin Myers Photography may also request the damaged goods be returned to us at our registered address, for inspection as required.

(f)  Refund requests will only be made for matt photographic prints and/or canvases when the product(s) are demonstrably defective – the only exception to this is where the goods have been ordered and paid for and cannot be supplied by Colin Myers Photography due to a lack of supplier/raw materials out with our control and in such cases, a full refund will be made for the customer order.

(g)  Any matt photographic prints and/or canvases ordered via the Colin Myers Photography website to a destination out with the UK may be subject to local taxes/customs fees/other similar costs applicable to the destination country – it is the responsibility of the customer to ensure they are aware of any such costs and willing to pay these costs.  Colin Myers Photography is not responsible for such costs.

 

16. Calendar Sales:

(a) All calendars sold by Colin Myers Photography are produced on demand, at the point of ordering by the customer, to meet the specific customer order in terms of calendar variant and quantity – no stock is held unless otherwise advertised and all calendar sales are final.

(b) Delivery times are not guaranteed in any way, shape or form and 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) There may be some variations in colour between what appears on any customer screen/device and the final colours printed, applicable to calendars – this is due to images being viewed on different computers/phones/tablets and any/all other devices all being configured with different settings etc – no refunds will be made for such variance, unless the calendars supplied can be seen to be defective.  All such cases and claims of defective goods will be investigated on a case by case basis by Colin Myers Photography, with clear photographic evidence showing said defects required to support any such claim.

(d) Any claims for damage to calendars caused by shipping must be submitted to Colin Myers Photography in writing via email or post, within 14 days of receipt of the goods by the customer.  All such claims must be substantiated by clear photographic evidence showing the damage to the calendar(s) and the packaging, with details provided as to when the calendar(s) were delivered and anything else relevant to support a postal investigation.  Customers agree that if they submit such a claim, Colin Myers Photography can and will share all evidence provided with the Royal Mail and/or authorities as required to ensure we can recover our costs and this may result in the Royal Mail, local postal services and/or law enforcement agencies getting in touch with the customer to validate our claim for damages to goods whilst in transit.

(e) Where Colin Myers Photography upholds any customer claims for damage, a suitable replacement will be offered if this is available.  Where no suitable replacement can be supplied, a full refund will be provided to the customer.  Colin Myers Photography may also request the damaged items be returned to us at our registered address, for inspection as required.

(f)  Refund requests will only be made for calendars when the product is demonstrably defective – the only exception to this is where the goods have been ordered and paid for and cannot be supplied by Colin Myers Photography due to a lack of supplier/raw materials out with our control and in such cases, a full refund will be made for the customer order.

(g)  Any calendars ordered via the Colin Myers Photography website to a destination out with the UK may be subject to local taxes/customs fees/other similar costs applicable to the destination country – it is the responsibility of the customer to ensure they are aware of any such costs and willing to pay these costs.  Colin Myers Photography is not responsible for such costs.

 

17. Jigsaw Puzzle Sales:

(a) All jigsaw puzzles sold by Colin Myers Photography are produced on demand, at the point of ordering by the customer, to meet the specific customer order in terms of jigsaw puzzle variant and quantity – no stock is held unless otherwise advertised and all jigsaw puzzle sales are final.

(b) Delivery times are not guaranteed in any way, shape or form and 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) There may be some variations in colour between what appears on any customer screen/device and the final colours printed, applicable to jigsaw puzzles – this is due to images being viewed on different computers/phones/tablets and any/all other devices all being configured with different settings etc – no refunds will be made for such variance, unless the jigsaw puzzles supplied can be seen to be defective.  All such cases and claims of defective goods will be investigated on a case by case basis by Colin Myers Photography, with clear photographic evidence showing said defects required to support any such claim.

(d) Any claims for damage to jigsaw puzzles caused by shipping must be submitted to Colin Myers Photography in writing via email or post, within 14 days of receipt of the goods by the customer.  All such claims must be substantiated by clear photographic evidence showing the damage to the jigsaw puzzle(s) and the packaging, with details provided as to when the jigsaw puzzle(s) were delivered and anything else relevant to support a postal investigation.  Customers agree that if they submit such a claim, Colin Myers Photography can and will share all evidence provided with the Royal Mail and/or authorities as required to ensure we can recover our costs and this may result in the Royal Mail, local postal services and/or law enforcement agencies getting in touch with the customer to validate our claim for damages to goods whilst in transit.

(e) Where Colin Myers Photography upholds any customer claims for damage, a suitable replacement will be offered if this is available.  Where no suitable replacement can be supplied, a full refund will be provided to the customer.  Colin Myers Photography may also request the damaged goods be returned to us at our registered address, for inspection as required.

(f) Refund requests will only be made for jigsaw puzzle(s) when the products are demonstrably defective – the only exception to this is where the goods have been ordered and paid for and cannot be supplied by Colin Myers Photography due to a lack of supplier/raw materials out with our control and in such cases, a full refund will be made for the customer order.

(g) Any jigsaw puzzles ordered via the Colin Myers Photography website to a destination out with the UK may be subject to local taxes/customs fees/other similar costs applicable to the destination country – it is the responsibility of the customer to ensure they are aware of any such costs and willing to pay these costs.  Colin Myers Photography is not responsible for such costs.

(h) Jigsaw Puzzles sold on the Colin Myers Photography website are intended for adult usage unless otherwise advertised.  Jigsaw puzzles contain small pieces which may be a choking hazard for smaller children (under three years of age) but it is the responsibility of the customer to ensure they observe this warning and Colin Myers Photography shall not be held liable for any failure to observe these warnings, also shown on the product packaging.

 

18. Sales Of Greetings Cards & Christmas Cards:

(a) All greetings cards & Christmas cards sold by Colin Myers Photography are produced on demand, at the point of ordering by the customer, to meet the specific customer requirements i.e. specific image, size and quantity.  No stock is held by Colin Myers Photography and no refunds will be made for any incorrectly ordered items on the grounds of wrong image, size or quantity ordered by the customer.

(b) Delivery times are not guaranteed in any way, shape or form and 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) There may be some variations in colour between what appears on any customer screen/device and the final colours printed, applicable to all greetings cards & Christmas cards – this is due to images being viewed on different computers/phones/tablets and any/all other devices all being configured with different settings etc – no refunds will be made for such variance, unless the greetings cards & Christmas cards supplied can be seen to be defective.  All such cases and claims of defective goods will be investigated on a case by case basis by Colin Myers Photography, with clear photographic evidence showing said defects required to support any such claim.

(d) Any claims for damage to greetings cards & Christmas cards caused by shipping must be submitted to Colin Myers Photography in writing via email or post, within 14 days of receipt of the goods by the customer.  All such claims must be substantiated by clear photographic evidence showing the damage to the goods and the packaging, with details provided as to when the goods were delivered and anything else relevant to support a postal investigation.  Customers agree that if they submit such a claim, Colin Myers Photography can and will share all evidence provided with the suppliers, Royal Mail and/or authorities as required to ensure we can recover our costs and this may result in the Royal Mail, local postal services and/or law enforcement agencies getting in touch with the customer to validate our claim for damages to goods whilst in transit.

(e) Where Colin Myers Photography upholds any customer claims for damage, a suitable replacement will be offered if this is available.  Where no suitable replacement can be supplied, a full refund will be provided to the customer.  Colin Myers Photography may also request the damaged goods be returned to us at our registered address, for inspection as required.

(f)  Refund requests will only be made for greetings cards & Christmas cards when the product(s) are demonstrably defective – the only exception to this is where the goods have been ordered and paid for and cannot be supplied by Colin Myers Photography due to a lack of supplier/raw materials out with our control and in such cases, a full refund will be made for the customer order.

(g)  Any greetings cards & Christmas cards ordered via the Colin Myers Photography website to a destination out with the UK may be subject to local taxes/customs fees/other similar costs applicable to the destination country – it is the responsibility of the customer to ensure they are aware of any such costs and willing to pay these costs.  Colin Myers Photography is not responsible for such costs.

 

19. All Subscription & Online Games Sales:

(a) All payments made for subscription plans/online games/virtual tours are final and no refunds will be made for any reason, regardless of whether or not the customer has actually logged in and used the service(s) available or not.

(b) All subscription plans for Colin Myers Photography Online Membership are recurring and payments will continue to collect at the frequency chosen by the subscriber when they signed up, until such times as the subscriber cancels their subscription.

(c) Subscribers may cancel their plan at any time during their membership however, no refunds will be made and it is the responsibility of the subscriber to cancel their subscription if they so wish.

(d) All subscriptions where loyalty rewards apply require the subscriber to complete the defined number of payments advertised before the loyalty reward(s) become available.

(e) No loyalty rewards will be supplied if a customer cancels their plan and thus does not meet the required minimum number of continuous subscription payments.

(f) Loyalty rewards are not transferable and cannot be carried over where a break in subscription occurs ie if a subscriber leaves their subscription and restarts subscriptions, this will count as a new subscription period.

(g) It is the responsibility of the subscriber to claim any loyalty rewards associated with their subscription – Colin Myers Photography is not responsible for contacting customers with details of their loyalty rewards available.

(h) Colin Myers Photography will honour claims for loyalty rewards, where the subscriber has met the qualifying period, for up to twelve months after the loyalty reward has become available; thereafter, any loyalty rewards not claimed will cease to be available for that period.

(i) All subscription material provided via the Colin Myers Photography website 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.

 

20. All Goods Sold via Colin Myers Photography Website (not explicitly defined in the proceeding sections)

(a) Unless otherwise advertised, all goods sold by Colin Myers Photography are produced on demand, at the point of ordering by the customer, to meet the specific customer requirements i.e. specific images, sizes and quantity.  No stock is held by Colin Myers Photography and no refunds will be made for any incorrectly ordered items on any grounds, where customer error is the reason for a refund request.

(b) Delivery times are not guaranteed in any way, shape or form and 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) There may be some variations in colour between what appears on any customer screen/device and the final colours printed, applicable to all products – this is due to images being viewed on different computers/phones/tablets and any/all other devices all being configured with different settings etc – no refunds will be made for such variance, unless the products supplied can be seen to be defective.  All such cases and claims of defective goods will be investigated on a case by case basis by Colin Myers Photography, with clear photographic evidence showing said defects required to support any such claim.

(d) Any claims for damage to products caused by shipping must be submitted to Colin Myers Photography in writing via email or post, within 14 days of receipt of the goods by the customer.  All such claims must be substantiated by clear photographic evidence showing the damage to the goods and the packaging, with details provided as to when the goods were delivered and anything else relevant to support a postal investigation.  Customers agree that if they submit such a claim, Colin Myers Photography can and will share all evidence provided with the suppliers, Royal Mail and/or authorities as required to ensure we can recover our costs and this may result in the Royal Mail, local postal services and/or law enforcement agencies getting in touch with the customer to validate our claim for damages to goods whilst in transit.

(e) Where Colin Myers Photography upholds any customer claims for damage, a suitable replacement will be offered if this is available.  Where no suitable replacement can be supplied, a full refund will be provided to the customer.  Colin Myers Photography may also request the damaged goods be returned to us at our registered address, for inspection as required.

(f)  Refund requests will only be made for goods when the product(s) are demonstrably defective – the only exception to this is where the goods have been ordered and paid for and cannot be supplied by Colin Myers Photography due to a lack of supplier/raw materials out with our control and in such cases, a full refund will be made for the customer order.

(g)  Any goods ordered via the Colin Myers Photography website to a destination out with the UK may be subject to local taxes/customs fees/other similar costs applicable to the destination country – it is the responsibility of the customer to ensure they are aware of any such costs and willing to pay these costs.  Colin Myers Photography is not responsible for such costs.