Terms and Conditions of Supply

Our terms

1. These terms

2. Information about us and how to contact us

2.1       Who we are. We are Nadia Greaves (trading as Nadia Greaves Photography (“We”). Our main trading address is 62 Oakfields, Burnopfield, Newcastle upon Tyne NE16 6PQ.

2.2       How to contact us. To contact us, please email info@nadiagreavesphotography.co,uk or telephone us on 0191 716 3551. You can write to us at the address above.

2.3       How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

2.4       “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

3. Our contract with you

3.1       How we will accept your order. Our acceptance of your order will take place when we write to you to accept it OR we tell you that we are able to provide you with the product.

3.2       If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.

3.3       We only sell to the UK. Our marketing materials and website are solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from or deliver to addresses outside the UK.

 

4. Our products

4.1       Products and services may vary slightly from their pictures and descriptions. The images and descriptions of the products and services in our marketing materials or on our website are for illustrative purposes only as each product and/or service is bespoke. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours or the printed pictures in our marketing materials or any preview accurately reflects the colour of the products. Your product may vary slightly from those images.

4.2       Product packaging may vary. Any packaging of the product may vary from that shown on images on our website.

5. Your rights to make changes

If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

6. Our rights to make changes

6.1       Minor changes to the products. We may change the product:

a) to reflect changes in relevant laws and regulatory requirements;

b) by way of employing artistic and editorial judgment as required given the bespoke nature of the products and services; and

c) to implement minor technical adjustments and improvements.

6.2       More significant changes to the products and these terms. Should we need to make any material changes to the products and/or services ordered, we will notify you and you may then contact us to end the contract and receive a full refund before the changes take effect:

6.3       Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always match the description of it we provided to you before you bought it.

7. Providing the products

7.1       Delivery costs. The costs of delivery will be as told to you during the order process/ set out in our current price list (where applicable).

7.2       When we will provide the products. During the order process we will let you know when we will provide the products to you. If the products are ongoing services and subscriptions, we will also tell you during the order process when and how you can end the contract.

7.3       We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

7.4       Collection by you. If you have asked to collect the products from our premises, you can collect them from us at any time during our working hours of 9am to 8pm on weekdays (excluding public holidays).

7.5       Your legal rights if we deliver late. You have legal rights if we deliver any products late. If we miss the delivery deadline for any products then you may treat the contract as at an end straight away if any of the following apply:

we have refused to deliver the products;

delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or

you told us before we accepted your order that delivery within the delivery deadline was essential.

7.6       Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 7.5, you can give us  a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.

7.7       Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under clause 7.5 or clause 7.6, you can cancel your order for any of the products or reject products that have been delivered. If you wish, you can reject or cancel the order for some of those products (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled products and their delivery.  If the products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this.

7.8       When you become responsible for the product. The product will be your responsibility from the time we (or our chosen carrier) deliver the product to the address you gave us or you collect it from us.

7.9       When you own goods. Subject to clause 8 you own a product which is goods once we have received payment in full.

7.10      What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, your address. If so, this will have been stated in the description of the products on our website or told to you by phone or in person. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (see clause 10.1) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

7.11      Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:

deal with technical problems or make minor technical changes;

update the product to reflect changes in relevant laws and regulatory requirements;

make changes to the product as requested by you or notified by us to you (see clause 6).

7.12      We may suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 12.3) and you still do not make payment within 14 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see clause 12.5). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see clause 12.4).

 

8. Intellectual Property Rights

8.1       The copyright to all photography and videos generated in the provision of the services rendered pursuant to these terms belongs to Nadia Greaves and all other intellectual property rights pertaining to such work vests and remains with Nadia Greaves, save as set out in this clause.

8.2       Any purchased products which contain such works (whether physical or digital) are purchased in the form of a perpetual, irrevocable licence for you to use, copy, reproduce and distribute the works for personal use only. Ownership of the copyrighted works (including originals and negatives) remains with Nadia Greaves.

8.3       By purchasing the goods and services pursuant to our contract with you, you consent to us using photographs and/or video recordings generated in the provision of these services for marketing and business promotion purposes. Such works may be used in print and digital media formats including in print media publications, on websites, in e-marketing, on posters, banners and other physical advertising, in film and on social media. Should you wish to opt out of this particular use of works featuring your likeness/that of your children, please contact info@nadiagreavesphotography.co.uk.

8.4       This clause will survive the termination of any contract you have with us.

9. Your rights to end the contract

9.1       You can always end the contract for the supply of a product before it has been completed. You may contact us to end your contract for a product at any time before we have delivered it or completed supplying it and you have paid for it, but in some circumstances we may charge you for doing so, as described below. Of course, you always have rights where a product is faulty or mis-described (see clause 11, “If there is a problem with the products”).

9.2       What happens if you have a good reason for ending the contract. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided or have not been provided properly and you may also be entitled to further compensation. The reasons are:

we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.2);

we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;

there is a risk that supply of the products may be significantly delayed because of events outside our control; or

you have a legal right to end the contract because of something we have done wrong.

9.3       What happens if you end the contract without a good reason. If you are not ending the contract for one of the reasons set out in clause 9.2, then the contract will end immediately and we will refund any sums paid by you for products not provided.

9.4       Returning products after ending the contract. If you end the contract after products have been dispatched to you and (because we cannot recall them) they are delivered to you, you must return them to us.

10. Our rights to end the contract

10.1      We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:

you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;

you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, your address.

you do not, within a reasonable time, allow us to deliver the products to you or collect them from us; or

you do not, within a reasonable time, attend our premises to allow us to supply the services.

10.2      You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided.

11. If there is a problem with the product

11.1      How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone on 0191 716 3551 or write to us at info@nadiagreavesphotography.co.uk.

11.2      Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

If your product is goods, for example printed photographs, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

up to 30 days: if your goods are faulty, then you can get an immediate refund. 

up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases. 

up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.  

If your product is digital content, for example digital photographs, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:

if your digital content is faulty, you’re entitled to a repair or a replacement.

if the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back

if you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation

If your product is services, for example a photoshoot (not including the resultant photographs), the Consumer Rights Act 2015 says:

you can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.

if you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.

if you haven’t agreed a time beforehand, it must be carried out within a reasonable time.

11.3      Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you.

12. Price and payment

12.1      Where to find the price for the product. The price of the product (which includes VAT) will be the price set out in our price list in force at the date of your order unless we have agreed another price in writing. We take all reasonable care to ensure that the price of product advised to you is correct.

12.2      We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

12.3      When you must pay and how you must pay. We accept payment with via Stripe (or such other payment services provider as we may elect from time to time). When you must pay depends on what product you are buying:

12.4      We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Barclays Bank from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

12.5      What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

 

13. Our responsibility for loss or damage suffered by you

13.1      We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

13.2      We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation or for breach of your legal rights in relation to the products as summarised at clause 0.

13.3      We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

14. How we may use your personal information

14.1 How we will use your personal information. We will use the personal information you provide to us in accordance with the Privacy Policy.

15. Other important terms

15.1      Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

15.2      If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

15.3      Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

15.4      Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.