Business Day: means a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business;
Contract: the contract between Us and You for the supply of Goods and Services in accordance with these Terms and those set out in the Order;
Event Outside Our Control: an event or circumstance beyond the Our reasonable control including (without limitation), no or restricted availability of labour, equipment or power; weather; or matters outside Our practical control;
Goods: Frames, Canvas and all other Wall Art etc, prints, discs, key rings, albums, usb sticks, CD, DVD or other device upon which digital media may be recorded and/or any other product which we agree to provide to you as set out in the Order
Intellectual Property Rights: copyright and related rights, moral rights, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Loss: all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses);
Order: Your order for the supply of Goods and Services as set out in the order form
Price: the price that You will pay for the Goods and Services;
Quotation: shall mean any quotation, estimate or tender from Us to You in writing for the provision of the Goods and Services;
Services: the photography services We will provide to You as set out in the Order; see 5.1
Terms: the terms and conditions set out in this document (as amended from time to time in accordance with clause [10.1]);
We/Our/Us: Natalie Jayne Photography Limited of 6a Broadway, Shifnal, TF11 8AZ, Registered in England with Company Number: 08681566;
You/Your: the party entering into the Contract as more specifically identified in the Order.
"Writing" includes emails. When We use the words "writing" or "written" in these terms, this includes emails.
Our Contract with you
These Terms and those contained in the Order are the terms upon which We agree to contract with You for the provision of the Goods and Services.
Please read these Terms carefully before You submit Your Order to Us. If You think there is a mistake or require any changes, please make sure You ask for them to be put in writing prior to returning Your Order.
A Quotation does not constitute an offer by Us to supply the Goods and Services.
By confirming acceptance of Our Quotation (whether in writing, by telephone or any other means) You shall be deemed to be making an offer to purchase the Goods and Services from Us.
These Terms and those contained in Your Order will only become binding upon Us when We accept of Your Order. Our acceptance of Your Order will take place when We either call, write or email You and expressly confirm acceptance of Your Order, at which point a contract will come into existence between You and Us.
If We are unable to supply You with the Goods and Services for any reason then We will inform You of this in writing and We will not accept Your Order. If You have made any payment in advance of commencement of the supply of the Goods and Services then We will refund You in full as soon as reasonably possible.
Our website, catalogue and brochure are solely for the promotion of Our goods and services in the UK. Any prices or information relating to the Goods and Services that We offer are for illustration purposes only and shall not form part of any contract We enter into with You.
Your rights to make changes
If You wish to make a change to the Goods or Services 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 Goods and Services, 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. However since all of our products are bespoke items then changes and/or amendments can only be considered if production has not already started.
If You wish to make a change to the scheduled date of a photoshoot or photo viewing You will provide us with a minimum of 3 days’ notice. We shall notify of You of our alternative dates of availability as soon as reasonably practicable. Failure to provide the requisite 3 days notice shall result in the forfeit of any booking deposit.
Our rights to make changes
We may change the Goods and Services to reflect changes in relevant laws and regulatory requirements.
In addition to those changes set out in clause 4.1, We may make changes to these Terms or the Goods and/or Services, but if We do so We will notify You (“Change Notice”). You must notify Us if You do not agree to the proposed changes within 5 Business Days of receipt of the Change Notice (“Rejection Period”). Should You fail to notify Us of any rejection of the proposed changes within the Rejection Period then You will be deemed to have accepted such changes and the changes will become binding upon You and form part of the Contract.
Providing the Goods and Services
We will begin providing the Services on the date You booked your photo shoot time slot. We will make the Goods available for collection from Our premises on the date specified in the Order or We will contact You to agree a collection date. The Goods will be Your responsibility from the time You collect them from Us. You will own the Goods once We have received payment in full.
If We are 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 Outside Our Control, but if there is a risk of substantial delay (being a delay of more than 20 Business Days) You may, if we are yet commence the supply of the Services, contact Us to end the Contract and receive a refund for Services You have paid for but not received.
If You do not pay Us when You are supposed to and You still do not make payment within 5 Business Days of Us reminding You that payment is due, We may terminate or suspend supply of the Goods and/or Services until You have paid Us the outstanding amounts. We will contact You to tell You We are terminating or suspending the supply of the Goods and/or Services. We can also charge You interest on Your overdue payments (see clause 7.5).
ending the contract
You are entitled to cancel Your Contract with Us if:
We have told You about an error in the Price or description of the Goods or Services and You do not wish to proceed;
there is an Event Outside Our Control and We are delayed in providing the Goods for more than 20 Business Days beyond the collection date; or
You have a legal right to end the Contract because of something We have done wrong.
If You notify Us that You wish to end the Contract in accordance with this clause 6.1 then the Contract will end immediately and We will refund You in full for any Services for which You have paid and which have not yet been provided.
Save where You are entitled to end the Contract in accordance with clause 6.1, you do not have the right to change your mind and end the Contract in respect of:
the Services, once these have been commenced; or
the Goods, which are clearly personalised for You.
If you cancel your order of goods then You agree to pay Us 100% of the Price within 5 Business Days of the date of cancellation or postponement. Where payments have been made in advance, You agree that We are instructed to retain 100% of the Price.
To exercise Your right to cancel or suspend the Contract with Us, You must let Us know by contacting Us on 01952 460007 or by email to Us at and provide Us with a clear statement of Your intention.
If a refund is due, We will refund You by the method You used for payment.
We may end the Contract 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 5 Business Days of Us reminding You that payment is due; or
You are in breach of Contract.
Price and payment
The Price shall be as set out in Your Order and (save as set out in clause 7.2) shall be payable as follows:
A minimum of 50% of the Price is payable on the date of the Order;
The balance shall be payable in full on or before the Collection Date; and
Payment for any additional images or Goods (not specified in the Order) requested by You must be made at the time of order.
If the rate of VAT changes between the date We confirm acceptance of Your Order and the date We supply the Goods and/or Services, We will adjust the rate of VAT that You pay, unless You have already paid for the Goods and/or Services in full before the change in the rate of VAT takes effect.
It is always possible that, despite Our best efforts, some of the Goods We sell may be incorrectly priced. If We accept and process Your Order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by You as a mispricing then We may end the Contract and refund You any sums You have paid for Goods which have yet to be provided.
We accept payment with Credit Card, Debit Card, Bank Transfer and Cash. We do not accept American Express.
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 2% a year above the base lending rate of the Bank of England 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.
Where You fail to make payment of any fees when due, We reserve the right to retain and keep hold of the Goods in Our possession until all outstanding fees and costs are paid in full. This right is known as a lien.
Any reproduction of the images supplied by us on Social Media (including Facebook, Instagram and Twitter), will include a notice identifying Us as the Photographer.
We retain all Intellectual Property Rights in all Goods and Services We supply. Accordingly, all copyright in photographs supplied by Us, remains vested in Us.
Subject to condition 10.3 below all negatives and/or digital files shall remain Our sole property at all times.
If you have purchased Goods from Us upon which Digital copies of Images are stored, We hereby grant you a revocable, royalty-free licence to reproduce Images supplied to you on such Goods for your own personal usage only. Any Images which are reproduced by You must include the copyright notice or credit line specified by US from time to time.
Our responsibility for loss or damage suffered by you
We are under a legal duty to supply the Goods and Services in conformity with the Contract. For further detailed information on Your rights please visit the Citizens Advice website or call 03454 04 05 06
If We fail to comply with these Terms and those set out in the Order, We are only responsible for loss or damage You suffer that is a foreseeable result of Our breaking the Contract or Our failing to use reasonable care and skill. 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 prior to placing your Order.
Our liability to You for any Loss You suffer in accordance with clause 11.2 shall be limited to the Total Price.
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 services being supplied with reasonable skill and care.
We are not liable or responsible for any Loss You suffer:
11.5.1 where You are found to be in breach of any provision of the Contract;
11.5.2 that is not foreseeable at the time You enter into the Contract (including but not limited to loss of profits that You may have made, loss of use or loss of enjoyment);
11.5.3 where the data, Images or digital content supplied on any Goods has been corrupted or damaged for whatever reason, including (but not limited) to: loss or corruption of data caused by the user, viruses, computer errors, etc.;
11.5.4 where You have insurance to cover such Loss and You are able to recover such Loss from the insurer:
We only supply the Goods for domestic and private use. If You use the Goods for any commercial or business purpose We will have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.
You must notify Us in writing of any claim that You may have for damage to Goods within 2 Business Days of collection of the Goods. We shall not be liable for any Loss as a result of claims not notified to Us within the time period set out in this clause.
Other important terms
Save as expressly set out in the Contract, no variation to the Contract shall be permissible without both Your and Our written consent.
You may only transfer Your rights or Your obligations under the Contract to another person if We agree to this in writing.
This Contract is between You and Us. No other person shall have any rights to enforce any of its terms.
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.
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 the 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.
The Contract is governed by English law and You can bring legal proceedings in respect of the Services in the English courts. If You live in Scotland You can bring legal proceedings in respect of the Services in either the Scottish or the English courts. If You live in Northern Ireland You can bring legal proceedings in respect of the Services in either the Northern Irish or the English courts.
We reserve the right to withdraw any offers and promotions at any time, including but not limited to the referral credit scheme, competitions, and website packages.
Please note due to the time set aside for your photo shoot, (once a date and time have been allocated) if you wish to cancel the booking, a cancellation fee of £20 will be retained. Providing we are given 7 days notice we can transfer your booking to another date/time slot without charge.
If you fail to attend your photo shoot or photo viewing we reserve the right to retain all monies paid and cancel any benefits of the package. In addition images are only kept on file a maximum of 30 days( due to GDPR and storage capacity) from the date of scheduled photo viewing, failure to confirm your order will result in benefits of package being forfeited.
Gift Vouchers are for new Photo Shoots only. Can not be used in conjunction with existing orders, and any purchase made as gift will require the recipient to pay a £20 deposit to secure their photo shoot and viewing date and time. Gift Vouchers and Photo Shoots purchased as a Gift are non refundable.
Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without You having to go to court. If You are not satisfied with the outcome You can still bring legal proceedings. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform : http://ec.europa.eu/odr