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1. Introduction
1.1 These terms and conditions shall govern the sale and purchase of all Products offered by Schryver Photo either in-person or remotely.
1.2 By placing an order with Schryver Photo you give your express agreement to these terms and conditions.
1.3 These terms and conditions do not affect any statutory rights you may have as a consumer.
2. Interpretation
2.1 In these terms and conditions:
A. ‘We’ means Schryver Photo
B. ‘You’ means our customer or prospective customer, and
C. ‘Us’, ‘our’ and ‘your’ should be construed accordingly.
3. Order Process
3.1 The advertising of products on our promotional material and online presence constitutes an ‘invitation to treat’ rather than a contractual offer.
3.2 No contract will come into force between you and us, unless and until we accept your order.
3.3 To enter into a contract with an:
A. ‘In person’ sale you must place an order in person with a member of Schryver Photo (usually Helen Schryver, photographer), who will make a note of your order request. Your order will be deemed as accepted upon receipt of full payment OR upon receipt of an accepted payment plan.
B. ‘phone, email or online’ sale you must notify us of your order request. We will then review your order, and send you a confirmation email. Your order will be them be deemed as accepted upon receipt of full payment OR upon receipt of an accepted payment plan.
3.4 Upon our acceptance of your order, no changes may be made to your order unless confirmed in writing by us.
4. Products
4.1 Products offered by Schryver Photo include, but are not limited to, Digital Files (Photos), Matted Printed Photos, Photo Albums and Photographs within Wall Art Products.
4.2 We may periodically change the products available to order, and we do not undertake to continue to supply any particular product or type of product.
4.3 Some products ordered may very occasionally be unavailable due to events outside of our control. In this event, an alternative product will be offered.
4.4 All images and/or photographs included in, depicted in or contained in any of our products remain the full copyright of Schryver Photo at all times.
4.5 Unauthorised duplication and/or replication of any images and/or photographs included within your order constitutes Copyright Infringement and may be classed as a Criminal (IP) Offence. This includes, but is not limited to:
A. Scanning a printed photo/product onto a computer;
B. Photographing a printed photo/product;
C. duplicating a printed photo/product in any way;D. Taking a screenshot of a photo/product.
5 Prices
5.1 Our prices are available within our ‘Product Brochure’ and other promotional material, both in print and online.
5.2 Our prices may change from time to time, but this will not affect contracts that have previously come into force.
5.3 All amounts and prices stated by Schryver Photo are fully inclusive, and no additional VAT is payable unless otherwise stated.
5.4 Pricing and provision for bespoke packages (e.g. a number of digital files not quoted in the Product Brochure) and substituting products included in the Collections (packages) section of the Product Brochure is at our discretion.
6. Payments
6.1 During the order process you must either;
A. Pay the full price of the products you order OR
B. Accept an agreed payment plan set up and accepted by us. (Available on purchases of £1000 or more and subject to additional terms and conditions).
6.2 Payments may only be made by the permitted methods as specified and declared by us.
6.3 If you fail to pay us any amount due under these terms and conditions in accordance with the provisions of these terms and conditions, then we may withhold the products ordered and/or by written notice to you at any time cancel the contract of sale for the products.
6.4 If you make an unjustified credit card, debit card or other chargeback, then you will be liable to pay us, within 7 days following the date of our written request:
A. An amount equal to the amount of the charge-back;
B. All third-party expenses incurred by us in relation to the chargeback (including, but not exclusively, charges made by our or your bank or payment processor or card issuer);
C. An administration fee of £25.00 and all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 6.4 including, without limitation, legal fees and debt collection fees. For the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statements, and make a chargeback as a result, this will constitute an unjustified chargeback for the purposes of this Section 6.4
7. Manufacturing Products
7.1 As your order is likely to contain ‘Bespoke’ products, manufacturing of products within your order will not commence until full payment has been received under the terms and conditions of your order.
7.2 Specific payment methods may allow us to begin manufacturing and delivery of your order before you have completed your payment plan. This will be specified within the terms and conditions of your payment plan, and we will notify you of this prior to the completion of your order.
8. Collection and Delivery
8.1 Your order should be available to collect from or be delivered by a member of Schryver Photo within 28 days of:
A. Your order being accepted by Schryver Photo AND
B. Full cleared payment being received by Schryver Photo OR
C. A payment method is accepted which allows for early delivery of your order.
8.1.1 In some circumstances, your order may be available to collect or for delivery before 28 days. We will notify you if this is the case.
8.2 All order collections/deliveries must be made via a pre-arranged appointment with us.
9. Cancellation & Cancellation Rights
9.1 Our products consist of unique photographs and/or images made specifically for you. As a result, the finished products containing or including these photographs and/or images are referred to as ‘Bespoke and Customised Goods’.
9.2 Any orders placed at our ‘premises’ are defined as an ‘on-premises’ contract and are exempt from cancellation rights.
9.3 Under the ‘Consumer Rights Act’ any ‘distance or off-premises’ orders made for a product deemed as ‘Bespoke or Customised’ is exempt from cancellation rights. For the avoidance of doubt, this means that once your order is accepted by us either online or in person and payment is made, you lose the right to cancel the order. This does not affect your statutory rights.
9.4 We may cancel a contract under these terms and conditions immediately, by giving you written notice of termination if;
A. You fail to pay, on time and in full, any amount due to us under that contract; or
B. You commit any breach of that contract.
9.5 If a contract under these terms and conditions is cancelled in accordance with these terms and conditions:
A. We will cease to have any obligation to deliver products which are undelivered at the date of cancellation; and
B. You will continue to have an obligation, where applicable, to pay for products which have already been delivered at the date of cancellation (without prejudice to any right we may have to recover the products).
10. Returns
10.1 If your printed product order (Wall Art, albums, matted prints and other physical product items) arrives damaged, incomplete or incorrect, you must inform Schryver Photo in writing (including via email) within 7 days of receipt. To assist us in fixing the problem as quickly as possible we ask that you:
A. Include a full description of the problem, and
B. Include photographs if possible of any errors or damage.
10.2 Where we accept the error and/or damage as our responsibility or that of our suppliers/providers, we will arrange to repair or replace that part of your order.
10.3 You must return the damaged and/or incorrect print product to us to enable us to arrange the repair and/or replacement.
11. Digital Files
11.1 Refunds will not be granted on digital products (digital photo files) due to the non-returnable nature of digital products once they’re downloaded.
11.2 Due to the nature of custom photography, all sales are final. Please double check your image choices in your online gallery before downloading your photos.
11.3 It is your responsibility to download and back up your photos in a timely manner, however Schryver Photo shall retain copies of the edited high resolution jpeg files for a minimum of 2 years from the photo session date. The .RAW files of purchased photos are retained for a minimum of 8 weeks from the session date in case of any requests to change colour to black and white, extra noise cancellation or other bespoke edits. Questions regarding resolution, image sizing etc. should be sent by email.
12. Warranties and Representations
12.2 We warrant to you that:
A. We have the right to sell the products that you buy;
B. The products we sell to you are sold free from any charge or encumbrance, except as specified in these terms and conditions
C. You shall enjoy quiet possession of the products you buy, except as specified in these terms and conditions
D. The products you buy will correspond to any description published in our promotional material
12.3 We may cancel a contract under these terms and conditions by written notice to you if we are prevented from fulfilling that contract by any event beyond our reasonable control, including without limitation, any unavailability of raw materials, components or products, or any power failure, industrial dispute affecting any third party, government regulations, fire, flood, disaster, riot or war.
13. Variation
13.1 We may revise these terms and conditions from time to time. The latest version will be published on our website.
13.2 A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of revision.
14. Law and Jurisdiction
14.1 These terms and conditions shall be governed by and construed in accordance with English Law.
13.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.
15. Our Details
15.1 This business is owned and operated by Helen Schryver, as Schryver Photo.
15.2 You can contact us by email at helen@schryverphoto.com
