The terms laid out below govern the relationship between you as a user ("you or user") and Michaela Strivens Photography.
1. General Terms
1.0 Purchase Terms
These purchase terms ("Purchase Terms") comprise a binding contract between you as a user and Michaela Strivens Photography for the purchase of photographic prints ("Prints") and/or digital files supplied by the photographer.
1.1 Legal Document
Please read these Purchase Terms carefully because they form a legal document. By submitting an order, you agree to be bound with Michaela Strivens Photography by these Purchase Terms. If you do not wish to accept these Purchase Terms, you should not submit an order.
2. Purchase Terms
2.0 Binding Contract
These Purchase Terms will not form a binding contract between you and Michaela Strivens Photography for the purchase and supply of the Prints, until the following conditions have been met:
a. You have submitted an offer to buy certain Prints ('Order') using the order facility provided; and
b. Michaela Strivens Photography notifies you by e-mail that your Order has been accepted.
2.2 Loss or Damage
Michaela Strivens Photography will not be responsible for any consequential loss or damage, howsoever arising, as a result of a failure, refusal or inability by Michaela Strivens Photography to fulfil an Order.
3. Price and Specification of Prints and Digital Files
3.0 Prices and Taxes
All prices quoted include United Kingdom Value Added Tax ("VAT"), at the applicable rate from time to time.
All Purchase Prices and specifications of Prints and Digital Files are subject to change without notice, except where Michaela Strivens Photography has accepted your Order and agreed to deliver the Prints and/or Digital Files to you.
The Purchase Price payable for photographic prints and digital files must be paid in advance by Secure credit card payment system chosen by Michaela Strivens Photography which is currently Stripe.com.
4. Delivery of Prints and Digital Files
All Prints will be delivered to the setting address where the photographs were taken (nursery, playgroup, pre-school etc). All Digital Files will be emailed to the User via an electronic download link. Both prints and digital files will delivered by the time indicated in the cover email of your viewing gallery unless an alternative timeframe is notified to you by Michaela Strivens Photography.
The time of delivery is an estimate only and Michaela Strivens Photography, shall not be liable for any late delivery of the Prints or Digital Files or any consequential loss or damage caused as a result.
5. Returns Policy
In the event that Prints are damaged or defective when you receive them, or do not match the description specified in your order, you will be entitled to return the Prints to the setting (nursery, pre-school, playgroup) address, within 14 days of receipt by you. The User must also notify Michaela Strivens Photography, in writing. In those circumstances, Michaela Strivens Photography, will either reprint the photographs or provide a full refund of the Purchase Price. Due to the nature and limitations of images displayed on a screen compared variable processes of photo printing providers, Michaela Strivens Photography cannot be guarantee the colours or quality of photos printed independently by the User.
5.1 Not Faulty
In the event that you return any Prints to Michaela Strivens Photography, in accordance with Clause 5.0, and the Michaela Strivens Photography, can demonstrate that they were not faulty when received by you, Michaela Strivens Photography, reserves the right to return the Prints to you via the setting.
6. Duration of Purchase Terms and Termination
These Purchase Terms are binding upon you immediately you accept them in accordance with Clause 2 and they will remain in force until both parties have performed their obligations under these Purchase Terms or either party breaches its obligations under these Purchase Terms.
Termination in accordance with this Clause 6.0 shall not prejudice or affect any right of action or remedy, which shall have accrued or shall thereafter accrue to either party.
7. Michaela Strivens Photography’s Responsibilities
Michaela Strivens Photography undertakes to use commercially reasonable endeavours to prevent breaches of security of the service (including the credit card details provided by you when you submit an Order).
Michaela Strivens Photography will use reasonable endeavours to respond to your Order within the stated time.
8. User's Responsibilities
The 1998 Copyright, Designs, and Patents Act assigns copyright to Michaela Strivens Photography. Copyright is retained by Michaela Strivens Photography at all times throughout the world, in perpetuity, and for all forms of media now and yet to be created.
The User is entitled to create artwork such as prints, canvases etc using digital images for the User’s own personal use and will own the medium on which the digital image is printed only after the image has been purchased. Without prior consent, the User agrees not to use any photographs or digital images provided for any commercial purpose, or edit, manipulate, add filters or otherwise alter any photograph or digital image provided. Screen shots, scanning or other reproduction of proof images presented to the User via the online viewing gallery is an infringement of copyright and is strictly prohibited.
The User will fully indemnify Michaela Strivens Photography against any unauthorized reproduction of a picture submitted to the User made by any third party as a result of or arising out of any breach by the User of any of these Terms and Conditions (including but not by way of limitation the User allowing a picture or a copy thereof to come into the possession of a third party without Michaela Strivens Photography's prior written consent).
9. Limitation of Liability
9.0 Limit of Liability
To the extent that Michaela Strivens Photography is deemed by a court of competent jurisdiction, to have any liability to you in relation to the Prints or Digital Files supplied, Michaela Strivens Photography’s entire liability shall be limited to the replacement trade value of the media supplied.
10.0 Entire Agreement
These Purchase Terms form the entire agreement between you and Michaela Strivens Photography and supersede any other oral or written communications, agreements.
10.1 Beyond Control
If the Michaela Strivens Photography is unable to perform any obligation under these Purchase Terms because of a matter beyond its reasonable control, including but not limited to; fire, flood, explosion, war, civil disorder, or other disasters or governmental laws and regulations imposed after the fact, or events beyond the reasonable control of the Michaela Strivens Photography, Michaela Strivens Photography will have no liability for failure to perform the Service.
11.3 At Own Risk
Your use of the Internet is solely at your own risk and subject to all applicable laws, and Michaela Strivens Photography has no responsibility for any information, software, services or other materials accessed or obtained by you using the Internet.
11.4 Laws of England
These Purchase Terms are governed by the laws of England, and subject to the non-exclusive jurisdiction of the English Courts