TERMS AND CONDITIONS OF USE
These are the official Terms and Conditions of Use for AND THEN SHE CLICKED located at 106 Northcott,Bracknell, Rg127ws, herein known and referenced as “Company,” “Our,” “We,” and “Us.”
Our email is andthensheclicked@gmail.com. “You” and “Your” refers to users of this Company’s website, communications, offerings and related materials, herein known as “Offering
NOTICE: Terms and Conditions of Use are legally binding. It is Your responsibility to read these Terms and Conditions carefully prior to purchase. By completing a part or full payment with us you understand and agree to these Terms and Conditions.
Terms and Conditions will also be provided to you for digital signature when the photoshoot date is scheduled in.
GENERAL PROVISIONS
This website is owned and operated by AND THEN SHE CLICKED
You must be at least eighteen years of age to use Our website. Use of this website is at Your own risk. We host Our site on a reputable platform and take reasonable efforts to maintain and host the site. However, We make no explicit representations or warranties as to the safety of Your individual use of the website.
TERMS OF SITE & PURCHASER AGREEMENT
All products are owned and provided by AND THEN SHE CLICKED. These Terms and Conditions of Use govern and define how You are allowed to use and access Company’s Offering. We reserve the right to update and change these Terms and Conditions of Use at any time.
You are legally bound to these Terms and Conditions of Use whether or not You have read them.
OFFERING
When You purchased Our Offering, You were given a reasonable notice that these Terms and Conditions of Use existed. By moving forward with Your purchase of the Offering and further access of the Offering, You implicitly agreed and continue to agree to abide by these Terms and Conditions of Use, as well as any disclaimers and privacy disclosures contained in these Terms and Conditions of Use.
You agree You are at least 18 years old or of the age of majority in Your applicable jurisdiction to access the Offering. Access of Our Offering and related materials by a minor is a violation of use, and We reserve the right to terminate Your access if such an issue is discovered.
PURCHASES AND PAYMENT
You authorise Us to charge your chosen payment provider for the total amount stated on Your checkout cart screen. You agree to abide by the terms and conditions of Your card issuer agreement and any other applicable third party agreement that may affect Your purchase with Us. You agree to provide current, accurate and complete details as requested to process your payment. If necessary, You agree to update your payment information in a timely manner so We can complete any outstanding orders and/or contact You as needed.
TOTAL SESSION FEES
You must pay the Total Session Package Fee in accordance with the terms of payment and photoshoot Offering specified and agreed at Checkout.
The Total Session Package Fee should be paid on or before your scheduled Photoshoot date.
Total Session Package Fees are only refundable in accordance with our Cancellation, Rescheduling and Refund Policy below.
Prices for all of our standard packages and Artwork Products are set out on the website. www.andthensheclicked.com
No part of your order will be delivered unless and until we receive payment in full of all remaining amounts due.
Unless otherwise stated, all fees that are quoted to you by us are inclusive of VAT, if applicable.
TRAVEL FEES
Any sessions where We are required to travel further than 20 miles from RG127WS it should be expected that a travel fee will be invoiced to the client. In general these fees range between £15 for a 30 to 40 mile round trip through to and up to £100 for 50 > 100 mile round trip. If you would like a specific travel cost quote please contact Us to discuss your booking prior to purchase.
ERRORS OR MISTAKES IN PRICING
We reserve the right to correct any errors or mistakes in pricing, even if We have already received payment. Any such changes will be conveyed in writing via email to notify You of Our correction and the appropriate corrective action will be made.
ORDER REVERSAL
We reserve the right to refuse to fulfill any order placed on Our website, in part or in full, and will issue a refund accordingly. We reserve the right to limit or cancel quantities purchased by any given user or household at our sole discretion.
We may restrict or cancel order quantities based on personal data provided by You, such as ordering a Offering that is not suitable for the quantity of people present at a session, and/or ordering an Offering that explicitly states an area radius when your residence is out of the designated area. To limit this occurring please check prior to purchase and read the applicable FAQ’s for your chosen Offering.
CANCELLATION, RESCHEDULING AND REFUND POLICY
Cancellation
Legal right of cooling off. You have 14 days after the day we accept your Booking fee or Total Session Package Fees to cancel the Photo Shoot Offering; this is called the cooling off period.
We will refund you the applicable fee by the method you used for payment within 14 days. However, once we have completed or started the Photo Shoot you cannot change your mind, even if the cooling off period is still running.
After the legal right to cooling off period passed, as standard no refunds will be provided but rescheduled dates will be provided.
It may take 7-14 business days for any refunds to be reflected on your credit card or bank statement after you initiate the refund request. As this is dependent upon your credit card issuer/bank, we are unfortunately not able to expedite the process.
Termination
We may for unforeseen circumstances cancel your Photo Shoot for any reason prior to the Photo Shoot Date. In this circumstance a rescheduled date will be provided. If the photographer is physically unable to provide a rescheduled date, a refund of the Total fee paid to date will be provided.
We may terminate your Photo Shoot on the Photo Shoot Date if we consider there are extenuating circumstances, for example, inappropriate behaviour or a Client is not fit to photograph. We are not required to reschedule the Photo Shoot or refund any of the Total Session Fee to you in these circumstances.
Additional Policies for after the statutory cooling off period has expired.
Rescheduling
You should give at least 14 days notice if you wish to change the Photo Shoot Date for any other reason other than illness, after which you must pay a new booking fee each you time you wish to further change the Photo Shoot Date.
You may reschedule the Photo Shoot Date once at no cost to you based on illness, after which you must pay a new booking fee each you time you wish to further change the Photo Shoot Date.
Occasionally, we may need to reschedule the Photo Shoot Date (for example, weather conditions and events outside our control) and, in such event, we will give you as much notice as possible. We will use reasonable endeavours to reschedule the Photo Shoot to a date that suits you, but cannot promise that an appropriate date of your choice will be available.
It is up to the discretion of the Photographer if an appointment should be rescheduled due to bad weather.
If Government restrictions force a scheduled Photo Shoot to not proceed, a rescheduled date will be provided.
THE PHOTOSHOOT OFFERING
We will use all reasonable endeavours to hold the Photo Shoot on the Photo Shoot Date, at the Photo Shoot Location, subject to our cancellation, rescheduling and refund policy .
Due to the nature of the subjects of the photographs we take during your Photo Shoot, we cannot guarantee any particular outcomes or guarantee the fulfilment of any specific requests for the Photo Shoot. However, we conduct the Photo Shoot using professional skill and care.
In any event, we will endeavour to accommodate any reasonable requests from you regarding the artistic direction of the Photo Shoot, but the Photographer retains absolute discretion as to the nature of the Photographs.
A parent or guardian must be present at all times if we are photographing children. You must not take any photographs during the Photo Shoot without first obtaining permission from the Photographer.
AFTER YOUR PHOTOSHOOT
Following your Photo Shoot, we will prepare and make available a selection of the Photographs from your Photo Shoot. We will present the gallery to you online and privately. We aim to have your Gallery ready within 30 days of the Photo Shoot Date, but during busy periods this timeframe may be extended. Pre-agreed special requests to deliver photographs earlier may be accommodated on a case by case basis.
The number of Photographs in Gallery will vary from session to session. We will take into consideration your specific requests as regards to the contents of the Gallery, but we retain absolute discretion regarding:
(a) which Photographs we include in the Gallery (it being acknowledged that not all Photographs taken during the Photo Shoot will be included); and
(b) the application and style of any digital editing to any Photographs.
Requests you make for specific corrections to images, or re-editing of images, may attract additional costs. We also accommodate specialist or bespoke requests for retouching of Photographs at additional cost. We may need to refer certain retouching services to our third party partners. We will advise you of the costs upon request. Please note that we do not provide raw images.
DELIVERY OF DIGITALS OR PHYSICAL PRODUCTS
Your viewing gallery will be delivered to you by a private link via email. Here you can view the fully edited photographs and download or select your chosen digital images based on the package you have purchased.
We will let you know when you place your print order when to expect to receive the Package and Artwork Products (as applicable). Lead times from receipt of your print order and payment typically start at two weeks and up to 8weeks. Orders in December may be subject to different processing times. Please make contact prior to your order when placing print orders for Christmas delivery.
Your Photographs and Artwork Products are personalised for you so you do not have any right to cancel your order and we are unable to refund or offer an exchange if you change your mind. This doesn't affect your statutory rights.
LIABILITY
We maintain professional indemnity insurance and whilst we make every effort to ensure that your Photo Shoot is a safe and enjoyable experience and that you receive a Photographs and Artwork Products you will cherish, occasionally things go wrong. This section outlines our liability to you in those circumstances.
Our aggregate liability to you due to, under and/or arising out of or in connection with these Terms and Conditions in contract, tort (including negligence), breach of statutory duty or otherwise, will not exceed the Total Session Fees and Package Fee actually paid by you to us in relation to the Photo Shoot and your order.
If there is a risk of the Offering not being delivered ever in whole or part we will refund for any part of the goods or services you have paid for but not received.
We will not be liable to you for:
(a) your loss of profit, loss of anticipated savings, loss of revenue or earnings, or loss of business (in each case, whether direct or indirect); or
(b) any indirect or consequential loss.
Nothing in these Terms and Conditions will in any way exclude or limit our liability to you for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation; and/or
(c) any other matter for which it would be illegal to exclude or attempt to exclude our liability.
Unless the Photographer enters into these Terms and Conditions in his or her personal capacity or as a sole trader, the Photographer is not a party to these Terms and Conditions and has no liability to you in connection with the Photo Shoot or the Photographs pursuant to these Terms and Conditions.
Except as set forth , to the fullest extent permitted by law, we disclaim all warranties, implied or express.
INTELLECTUAL PROPERTY RIGHTS
We will be the first owner of any copyright in the Photographs, under section 11 of the Copyright, Designs and Patents Act 1988, as the author of the artistic works that are the Photographs. No right, title or interest in the Photographs or any copyright therein is granted to you, except as expressly set out in these Terms and Conditions.
If you purchase Artwork Products, you will own the Artwork Product, that being the medium on which a Photograph is printed, once you have paid for it in full. Copying, scanning or other reproduction of an Artwork Product is an infringement of our rights and is strictly prohibited.
If you purchase a Package comprising of digital images, you are entitled to create Artwork Products using the digital image for your own personal use and you will own the medium on which the digital image is printed. In all cases, your ownership of the Artwork Product is subject to our ownership of the copyright and other intellectual property rights embodied in the Photographs.
Without our prior consent, you undertake not to (a) use any Artwork Product or digital images that are provided to you for any commercial purpose, or (b) crop, resize, edit, manipulate or otherwise alter any Artwork Product or digital image provided to you.
We may apply anti-copying measures to all Artwork Products that are provided to you in any Package and to any digital images that are displayed on our website or in Your Proofs Gallery. You agree not to try to circumvent any such measures. If it is discovered that you have used Photographs that have not been purchased, digitally online or in any media or on any printed artwork you will be charged accordingly.
PRIVACY
We use and process your personal information in accordance with our Privacy Policy
Each party will keep confidential and not disclose to any third party or use (except as contemplated by these Terms and Conditions), any non-public information obtained from the other party that is marked or otherwise designated confidential (“Confidential Information”);
SECURITY
We do not store any whole credit card numbers or payment information, and instead, these are processed through third-party processors such as Stripe, Paypal, or other third party payment processors, as selected by You at checkout. By utilizing these payment processors to gain access to the Offering, You indemnify Us and instead assume any and all risk or liability for the security of the payment details, and agree to be bound by the third-party payment processor’s applicable terms and conditions of use.
DISCLAIMERS
Our website and related materials are provided for informing and selling our service OFFERING to you. You agree to indemnify and hold harmless Our website and company for any direct or indirect loss or conduct incurred as a result of Your use of Our website and any related communications, including as a result of any consequences incurred from technological failures such as a payment processor error(s) or system failure(s).
GENERAL DISCLAIMER
To the fullest extent permitted by law, We expressly exclude any liability for any direct, indirect, or consequential loss or damage incurred by You or others in connection with Our Offering(s), including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time, and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable.
TECHNOLOGY DISCLAIMER
We make reasonable efforts to provide You with modern, reliable technology, software, and platforms from which to access Our Offering(s) and related material(s). However, in the event of a technological failure, You accept and acknowledge Our lack of responsibility for said failure, and while We will make reasonable efforts to support You, some technological issues are far outside Our control and will require You to access support from a third-party provider. To be clear, you hold Us and Flodesk, Inc. harmless from any claims arising out of any technological failure except in the unforeseen case of gross negligence, as determined by industry standards.
Governing law and jurisdiction: The Key Terms and these Terms and Conditions, and any dispute or claim arising out of or in connection with them or the Photo Shoot (“Dispute”), whether of a contractual or non-contractual nature, will be governed by and construed in accordance with the laws of England. You and we irrevocably agree that the courts of England and Wales will have exclusive jurisdiction to settle any Dispute.
