Terms & Conditions of Sale
Please read all these terms and conditions.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that you contain all that you want and nothing that you are not happy with.
These Terms and Conditions will apply to the purchase of the goods or services by you (the Customer or you). We are Kathryn Hopkins Photography with e-mail address Kath[email protected]; (the Supplier or us or we).
These are the terms on which we sell all Goods and Services to you. By ordering any of the Goods or Services, you agree to be bound by these Terms and Conditions. You can only purchase the Goods and Services from the Website if you are eligible to enter into a contract and are at least 18 years old.
Consumer: means an individual who is purchasing the Goods and Services;
Contract: means the legally-binding agreement between you and us for the supply of the Goods and Services;
Delivery Location: means the Supplier's premises or other location where the Goods or Services are to be supplied, as set out in the Order;
Durable Medium: means paper or e-mail, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
Goods: means the goods advertised on the Website that we supply to you of the number and description as set out in the Order;
Service: means the services advertised on the Website that we supply to you of the number and description as set out in the Order;
Order: means the Customer's order for the Goods or Services from the Supplier as submitted following the step by step process set out on the Website;
Website: means our website www.kathrynhopkinsphotography.bigcartel.com on which the Goods and Services are advertised.
Goods and Services
The description of the Goods and Services is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies such as the size and colour of the Goods and Services supplied.
In the case of any Goods or Services made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
All Goods and Services which appear on the Website are subject to availability.
We can make changes to the Goods and Services which are necessary to comply with any applicable law or safety requirement.
Prices for our Goods and Services are subject to change without notice.
All Goods and Services displayed and sold on this Website remain the intellectual property of the artist Kathryn Hopkins and are protected by UK Copyright law and other similar legislation that applies in your location. this means you may not reproduce any image, print or content of the Goods and Services, even if you own those Goods and Services, either digitally or by any other means. Specifically, you may not scan, photocopy, or otherwise reproduce the Goods or Services, or any element of the Goods or Services for any purpose without our prior written consent.
Basis of Sale
The description of the Goods and Services in our website does not constitute a contractual offer to sell the Goods or Services. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
A Contract will be formed for the sale of Goods or Services ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods or Services supplied under the Contract.
No variation of the Contract, whether about description of the Goods or Services, fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a business.
Price and Payment
The price of the Goods and Services and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.
Prices and charges include VAT at the rate applicable at the time of the Order.
We will deliver the Goods or Services, to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.
In any case, regardless of events beyond our control, if we do not deliver the Goods or Services on time, you can (in addition to any other remedies) treat that Contract at an end if:
- we have refused to deliver the Goods or Services, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
- after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
We are only responsible for late delivery due to our error and are not accountable for late delivery due to complications or delays caused by the postal service or customs were applicable.
If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or Services, or rejecting Goods or Services that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods or Services. If the Goods or Services have been delivered, you must return them to us along with any paperwork supplied with the Goods or Services and we will pay the costs of this and return payment once the Goods or Services have been returned to us in the same standard the Goods or Services were delivered to you. We cannot provide any refund on limited edition prints if the Certificate of Authenticity is not returned with the print.
For an Order for delivery outside of the UK you may need to pay import duties or other taxes, as we will not pay them.
If you or your nominee fail, through no fault of ours, to take delivery of the Goods or Services at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
Risk and Title
Risk of damage to, or loss of, any Goods and Services will pass to you when the Goods or Services are delivered to you.
You do not own the Goods or Services until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods or Services still owned by you, in which case you must return.
You can cancel the Contract except for any Goods or Services which are made to your special requirements, made on demand, or downloadable, (the Returns Right) by telling us no later than 14 calendar days from the day the Contract was entered into, if you simply wish to change your mind and without giving us a reason, and without liability, except in that case, you must return to our business premises the Goods or Services in undamaged condition at your own expense. Then we must without delay refund to you the price for those Goods which have been paid for in advance, but we can retain any separate delivery charge. This does not affect your rights when the reason for the cancellation is any defective Goods. This returns Right is different and separate from the Cancellation Rights below.
This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following Goods or Services (with no others) in the following circumstances:
- Goods and Services that are made to your specification or are clearly personalised/Goods and Services that are made on demand;
- downloadable Goods and Services
Right to Cancel
Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason with the exception of downloadable goods and services which are exempt from the Right to Cancel.
The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier indicated by you, acquires physical possession of the last of the Goods.
To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (eg a letter sent by post, e-mail to [email protected], or by using our contact form on this Website. In any event, you must be able to show clear evidence of when the cancellation was made.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
We do not accept cancellations on downloadable Goods and Services.
Effects of cancellation in the cancellation period
Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you, excluding the costs for delivery.
Deduction of Goods supplied
We may make a deduction from the reimbursement for loss in value of any Goods or Services supplied, if the loss is the result of unnecessary handling by you (ie handling the Goods or Services beyond what is necessary to establish the nature, characteristics and functioning of the Goods or Services or does not comply with our care instructions when handling the Goods or Services. This is because you are liable for that loss and you must pay us the amount of that loss.
Timing of reimbursement
We will make the reimbursement without undue delay, and not later than:
- 14 days after the day we receive back from you any Goods or Services supplied.
We will make the reimbursement using the same means of payments as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
If you have received Goods or Services in connection with the Contract which you have cancelled, you must send back the Goods or Services at our business address without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods or Service.
For the purposes of these Cancellation Rights, these words have the following meanings:
- Distance contract: means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contact is concluded.
- Sales contract: means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays to agrees to pay the price, including any contract that has both goods and services as its object.
We do not accept returns on downloadable Goods and Services.
We have a legal duty to supply the Goods and Services in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
Upon delivery, the Goods will:
- be of satisfactory quality;
- be reasonably fit for any purpose for which you buy the Goods or Services which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgement) and be fit for any purpose held out by us or set out in the Contract; and
- conform to their description.
It is not a failure to conform if
- the failure has its origin in your materials
- there are circumstances beyond the control of either party
- all advice is "as is" with no warranties or indemnities as to its appropriateness for your particular situation. We take no responsibility for the implementation of any advice in your own business or the outcomes of such implementation.
Your privacy is critical to us. We respect your privacy and comply with the General Data Production Regulation with regard to your personal information.
For the purpose of these Terms and Conditions:
- 'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including,. but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.
- 'GDPR' means the General Data Protection Regulation (EU) 2016/679.
- 'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.
- We are a Data Controller of the Personal Data we Process in providing Goods and Services to you.
- Where you supply Personal Data to us so we can provide Goods and Services to you, and we Process that Personal Data, with exception of financial information which is processed by PayPal upon completing your Order, we will comply with our obligations imposed by the Data Protection Laws:
- before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
- we will only Process Personal Data for the purposes identified;
- we will respect your rights in relation to your Personal Data; and
- we will implement technical and organisational measures to ensure your Personal Data is secure.
For any enquiries or complaints regarding data privacy, you can contact the artist at the following e-mail address: [email protected].
The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer's business, trade, craft or profession which would not be suffered by a Consumer - because the Supplier believes the Customer not buying the Goods wholly or mainly for its business, trade, craft or profession.
Governing law, jurisdiction and complaints
The Contract (including any non-contractual matters) is governed by the law of England and Wales.
Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
We try to avoid any dispute, so we deal with complaints in the following way: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 5 working days.