Introduction: These terms and conditions govern your use of this website (www.dylanrosserphotography.com, hereafter the “Website”); by using the Website, you accept these terms and conditions in full.
Intellectual Property Rights: Unless otherwise stated, Dylan Rosser (hereafter “Photographer”) owns the intellectual property rights in the Website, and material on the Website. Subject to the licence below, all these intellectual property rights are reserved.
The Licence to Use the Website: You may view, download for caching purposes only, and print pages from the Website for your own personal use, [unless otherwise permitted], subject to the restrictions below.
You must NOT: • Re-publish material from the Website [including republication on another website]; • Sell, rent or otherwise sub-license material from the Website; • Re-produce, duplicate, copy or otherwise exploit material on the Website for any commercial purpose; • Edit, or otherwise modify any material on the Website; or • Cause any slander to the name or reputation of the Website
Limitations of Liability: Except for payable downloads, membership content, and prints the information on the Website is provided free-of-charge, and you acknowledge that it would be unreasonable to hold us liable in respect such. Whilst we endeavour to ensure that the information on the Website is correct, in every sense of the term, we do not, however warrant its completeness, or accuracy; nor do we commit to ensuring that the Website remains available at all times, or that the material on the Website is kept up-to-date. To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill). We will not be liable for any direct or indirect loss or damage arising under these terms and conditions or in connection with the Website, whether arising in tort, contract, or otherwise. Without limiting the generality of the foregoing exclusion, we will not be liable for any loss of profit, contracts, business, goodwill, data, income, revenue or anticipated savings arising under terms and conditions or in connection with the Website, whether direct or indirect, and whether arising in tort, contract, or otherwise.
Restricted Access: Access to certain areas of the Website is restricted, or password protected. This is mainly for your privacy. For non members we reserve the right to restrict access to other areas of the Website, or indeed the entire Website, at our discretion. If we provide you with a password to enable you to access restricted areas of the Website or other member content or services, you must ensure that that this password is kept confidential. You accept responsibility for all activities that occur under your password. However, we may disable your use at our sole discretion if you breach any of the policies or terms governing your use of the Website or any other contractual obligation you owe to us.
Variation: We may revise these terms and conditions in the future, and so suggest that you check this page regularly to ensure you are familiar with the current version.
Law and jurisdiction: These terms and conditions will be governed by and construed in accordance with English law, and any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.
Terms and Conditions for the Sale of Services and Goods
Your Rights and Our Responsibilities: The information published on this page sets out the terms and conditions of service and statutory information pertaining to your rights in pursuance of The Consumer Protection (Distance Selling) Regulations 2000. The terms and conditions set out herein are governed by the laws of England, moreover, any disputes arising under the aforementioned, will be dealt with exclusively by the English courts. If one or more of the terms set out herein are deemed unenforceable or invalid for any reason (including but not limited to the exclusions and limitations set out herein) the remaining terms will continue to apply in the event of dispute.
Our Guarantee: Unless subsequently refunded, you will receive your print ordered from the Website as long as we receive a full payment of the required amount using an approved payment service.
Refunds: Refunds are made back to the same credit or debit card that was used to make the purchase. It is most likely that refunds will be made through the secure online payment service and you will be liable for their administration costs (eg 8% for Paypal) unless the refund is due to our mistake.
Cancellations: Must be made within 7 days of ordering the print. Cancellations must be made via email to email@example.com reference ‘’cancel my print order’’. We will always aim to accommodate your request but reserve the right to refuse or to impose reasonable cancellation charges if order processing has been started.
Delivery: This applies to anybody purchasing prints, or other services that result in having prints sent to a postal address, for example, Limited Edition Prints. We will usually arrange for the prints to be delivered to the address for delivery within 7 days of ordering, however Limited Editions will take longer as they will go to the Photographer first to be checked, then signed and numbered. Please allow 14 business days for such prints. Please note, that we cannot be held responsible for delays suffered by carriers, through holidays, postage strikes, weather, or any other factor outside of Photographers control.
Models: All models featured in our prints are 18 + years old and have signed a model release form.
Consumer Rights: In accordance with s. 13(1)(a) The Consumer Protection (Distance Selling) Regulations 2000 Statutory Instrument 2000 No. 2334, because we will complete and dispatch your order before the expiration of the seven day right to cancel period, your right to cancel the order is restricted to the period of time which lapses between submitting your order and your order being processed by us. Within the seven day right to cancel period a request for cancellation should be sent to: firstname.lastname@example.org as soon as possible after ordering. We will always aim to accommodate your request but reserve the right to refuse or to impose reasonable cancellation charges if order processing has been started.
Payment: You must ensure that any details that you provide are up-to-date and accurate.
Payment for all prints must be made via one of the approved, secure payment methods listed on the Website. No liability will be accepted for any loss due to the use of any payment system not specified on the Website. Prices for Prints vary. Prices for Prints are liable to change at any time, but changes will not affect Agreements that have come into force.
Warranties: We warrant to you that any Product you purchase through the Website will be of satisfactory quality and as described on the Website. Prints will be delivered free of any watermarking and censorship. Sizes may vary slightly from advertised dimensions due to technology.
You warrant to us that: you have full authority, power and capacity to enter into this Agreement and that all necessary actions have been taken to enable you to lawfully enter into this Agreement; you are legally capable of entering into binding contracts; you are at least 18 years old; the information provided in your order is accurate; and you will be able to accept delivery of the Products as contemplated in this Agreement. Subject to the warranties set out in above, to the maximum extent permitted by applicable law we disclaim all warranties with respect to the Products, whether express or implied.
Limitations of liability: Nothing in this Agreement shall limit or exclude your or our liability for: (i) death or personal injury caused by negligence; (ii) under section 12 of the Sale of Goods Act 1979, section 2 of the Supply of Goods and Services Act 1982, or section 2(3) of the Consumer Protection Act 1987; (iii) for fraud or fraudulent misrepresentation; or (iv) for any matter for which it would be illegal for to limit or exclude, or attempt to limit or exclude, liability. Subject to this: (i) our liability in connection with any Product purchased through our site is strictly limited to the higher of the purchase price of the relevant Product and the replacement cost of the relevant Product; (ii) we accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable; and (iii) we will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement caused by events outside our reasonable control.
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