IMPORTANT LEGAL NOTICE ATTENTION: This legal notice applies to the supply of products by Kirsty Mitchell Photography Ltd (the Company) to you (the customer). Please read these terms carefully before confirming an order. By confirming an order you indicate that you accept these terms. If you do not accept these terms please do not place your order. This notice is issued by Kirsty Mitchell Photography Ltd, a UK registered company (#07270530).
The Company may revise this legal notice at any time by updating this posting, which can be found on our website at www.kirstymitchellphotography.com/contact.php . You should check this website from time to time to review the current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at this website.
How the contract is formed between you and us
All orders are subject to availability and subject to the Company’s acceptance of your order. When you place an order we will confirm the product(s) availability and price(s) and any other costs (including shipping). If the customer accepts the costs and confirms the order we will send an initial invoice and reserve the product until payment has been received. The reservation period will be at the company’s discretion and stated on the invoice. The contract between us will be formed upon payment of the invoice. The Company reserves the right to reject any order without the obligation to assign any reason for so doing.
Copyright and Licence
The company retains the copyright of all products. Unless a specific license is granted by the company, you are not permitted to reproduce products, or any part of our products, in any shape or form, subject to the conditions prescribed under UK Copyright law and similar legislation that applies in your location.
All product(s) specifications are as described on the product description, shown prior to purchase. The Company will review the product specifications occasionally so reserves the right to amend the specifications of any our product(s) without prior notice (with the exception of Limited Edition prints where editions have been sold previously).
Pre-ordered products in particular are subject to variations in product specification and appearance.
The Company endeavours to display and describe as accurately as possible the colours of our product(s) which appear on our website or product descriptions, but cannot undertake to give any assurance that the colours of product(s) supplied will exactly match those displayed on your monitor. This is a consequence of multi-standard colour systems, notably the international screen based colour system of RGB and the print colour system of CMYK.
All products are tested and proofed by Kirsty Mitchell to ensure accurate colour representation.
Limited Editions Artworks
The total number of prints listed under each Limited Edition Artwork represents the total number of collectors’ prints being produced commercially for that artwork. No more will be produced for sale once all prints have sold out. We reserve the right to produce up to two ‘Artist’s Proofs’ (AP) for each artwork, in addition to the editions quoted, but if these are produced they are not normally intended for commercial sale.
Please note that artworks sold collectively, such as with or within a book, are excluded from this clause.
Prices and VAT
All listed prices normally include VAT unless stated otherwise. The current UK rate of VAT at 20% will normally be applied to our printed photographs. Books are normally zero-rated (0%VAT).
Orders sent to private customers outside the EU, or orders sent to VAT registered companies within the EU, can also qualify for zero-rated or reverse-charge VAT. We will confirm this when an order is raised with us. Please check with your tax office if you are unsure if the rate applies to you.
All prices exclude shipping and additional services (e.g, framing) unless stated otherwise.
The customer must make payment immediately following receipt of the initial invoice. The time period allowed for making payment will be stated on the invoice. If we do not receive payment within the specified period we may choose to cancel the order, cancel the reservation for the allocated product, and refuse the customer future reservations for that product.
It is the customer’s responsibility to ensure that the payment, or proof of sending payment, is received by us within this time limit. Orders will not be processed until receipt of full cleared payment so it is in the customer’s interest to pay promptly.
You undertake that all details provided to the Company for the purpose of the Order and its delivery will be correct and that the chosen method of payment is the property of the Company and that sufficient funds or credit facilities are available to cover the full cost of the product(s) ordered. The Company reserves the right to obtain validation of your credit card, debit card or PayPal details before accepting your Order.
Prices are normally in £GBP, but we also accept payments in USD and EUR.
Orders will normally be processed and shipped within 5 working days of receipt of cleared payment, unless stated otherwise. During periods of high demand this may be extended but we will notify the customer if we anticipate there being a longer order processing period.
The delivery address and method of delivery of the product(s) will be as shown on the invoice. The Company will endeavour to process the order and manufacture the product(s) in accordance with the time periods, charges and methods described in the invoice. Any time periods quoted for delivery are indicative only. We reserve the right to refuse delivery to some destinations.
You must inspect the product(s) on delivery and, in the case where product(s) have been delivered by carrier, sign the required proof of delivery document or collection acceptance document. A signature on that document will constitute receipt of the associated order free from any apparent defect or damage. If the product(s) are alleged to be damaged or defective on delivery, a description of the alleged damage or defect must be given in writing at the time of delivery and signed by you or on your behalf.
Where a signature is required for proof of delivery you are responsible for ensuring that you, or an authorised recipient, is available at the time of delivery. If the item is subsequently returned to the company, and we have provided sufficient prior notification for that delivery, we may incur an additional charge for any subsequent re-delivery attempt which we will pass on to the customer.
Place note that orders destined for outside the EU are sometimes subject to import taxes, payable by the customer. For further guidance on customs charges we recommend visiting www.simplyduty.com/import-calculator/ (*use HS code 4901 for printed books or 9702 for photographic prints).
If an order is damaged in transit please do not sign for acceptance of the delivery. We will require the courier to return the damaged product to us so that we can send a replacement or issue a refund accordingly.
If an order is confirmed lost or stolen in transit we will issue a full refund or replacement (subject to availability of further editions).
Rights of cancellation
The customer has the right to request cancellation of an order in accordance with the UK Sales of Goods Act. If you wish to request cancellation please send an email to [email protected] Please note that bespoke items or items produced on demand are not covered by Distance Selling Regulations.
While the Company endeavours to ensure that the information on the website and product lists are correct, the Company does not warrant the accuracy and completeness of the material on the website or product lists. The Company may make changes to the material on the website or product lists, or to the product(s) and prices described in it, at any time without prior notice.
Governing law and jurisdiction
This legal notice shall be governed by and construed in accordance with English law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English courts.
We accept no liability for any failure to comply with this agreement where such failure is due to circumstances beyond our reasonable control.
If we waive any rights available to us under this agreement on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any of the terms of this agreement are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.
(Last updated Apr 2016)