James Lowe Photography

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TERMS AND CONDITIONS OF USE AND SALE

Updated 25th May 2010

Please read these terms and conditions carefully before using the James Lowe Photography website (hereafter referred to as the Website or the Site) and/or purchasing items. Usage of the Website, and purchasing items from it, constitutes agreement with the relevant set of terms and conditions. If you do not agree with them, you must cease usage of the Site immediately, and you must not purchase items from it, from the date of the approprate terms which you do not agree with.

Table of contents

TERMS AND CONDITIONS OF YOUR USE OF THE SITE

  1. Identity, Contact and Copyright
  2. Your Account
  3. Your Conduct
  4. Shared/User Content
  5. Availability and Site Access Licence

TERMS AND CONDITIONS OF SALE

  1. Contract
  2. Payment
  3. Purchasing Prints
  4. Cancellation, Returns and Refunds

GENERAL TERMS

  1. Limitation

TERMS AND CONDITIONS OF YOUR USE OF THE SITE

  1. Identity, Contact and CopyrightBack to top
    1. James Lowe Photography is wholly owned by James Lowe, of 30 Shielhill Place, Stanley, Perth and Kinross, Scotland, PH1 4NN.
    2. Contact can be made via the web form at http://www.lowe-photo.com/contactme or http://www.lowe-photo.co.uk/contactme, or alternatively by E-Mail:
      1. For sales queries, the correct E-Mail address is sales@lowe-photo.com or sales@lowe-photo.co.uk.
      2. For all queries other than those which have a dedicated E-Mail address, the correct E-Mail address is contactme@lowe-photo.com or contactme@lowe-photo.co.uk.
    3. You may also contact me by conventional post at the address in Clause 0.1. However, as any reply may take up to 3 weeks to arrive from the date you post your letter, this is not recommended. You are encouraged instead to use one of the more immediate contact methods in Clauses 0.2 to 0.2.2.
    4. For the purposes of copyright, unless otherwise stated all images are copyrighted by James Lowe, and all rights, on all images, are reserved. Unauthorised use is strictly prohibited, and legal and/or financial remedy may be sought against individuals or organisations who make illegal copies except for those uses allowed under Fair Dealing (Fair Use).
  2. Your AccountBack to top
    1. You are responsible for keeping all the secret details (such as passwords) to access your account on the Website private and for taking reasonable care to ensure that other parties do not gain knowledge of them. If you suspect that the security of your account has been compromised, you should change your password as soon as reasonably possible. Although reasonable care is taken to ensure the integrity of the site James Lowe Photography and its owners and any employees (hereafter referred to as James Lowe) cannot be held liable for any unauthorised activity, including any orders for purchases, that occurs under your account. James Lowe reserves the right to take any technical and/or legal measures against any party to prevent access to the site.
    2. You are responsible for ensuring the accuracy of all information necessary for access to your account and (where appropriate) for making purchases.
      1. Required information for accessing the Site which you should ensure the accuracy of includes your E-Mail address. When ordering items, and if you forget your password, E-Mails will be sent to this address. You should ensure that this address is not shared or any E-Mail sent to it will be otherwise viewable by any other party than yourself, and in particular, it should not be a group mailbox of any description where multiple persons will naturally be expected to access it.
      2. Required information for purchasing includes your full name and postal address, and if you live outside the Royal Mail postal area (i.e., outside the UK), your telephone number including country code. Your full name should not be the name of your business or company if ordering for an organisation, but should be your own name, and should include at least your first and last name, but if you have any other names, you should include these also, particularly if others with your name live or work at the given postal address (Junior/Senior, or a generational title given as a Roman numeral are acceptable - i.e., John Doe Jr. or John Doe III). Other titles such as Mr., Mrs., Prof., or Dr., etc. are optional.
      3. Any addresses given should not be a "care-of" address, Post Office Box ("PO Box"), or similar, as deliveries may not be possible to these addresses (in particular, mail sent via Royal Mail Signed For as used in the UK cannot be posted to these addresses, nor can mail sent via International Signed For).
    3. You may not use the Website for any fraudulent or unlawful reasons, or any purposes which may be illegal under the laws of Scotland, the UK, or under any international laws.
    4. Registration of Site accounts through the normal registration process is for personal use only, and for businesses purchasing items to (for example) display or give as gifts. If you wish to purchase items for resale by your business, it may be more beneficial to create an account for this purpose; if you would like to enquire about this, please contact sales@lowe-photo.co.uk, stating the average number of prints you would expect to order each month (if possible, specific prints including title, size and media choice, and whether framed or "bare"), and your business name, address and any company registration number (such as that given in the UK when registered with Companies House).
  3. Your ConductBack to top
    1. You must not access or use the Site in a way that may cause difficulties in accessing the Site by other parties, or which may cause damage to any of the contents or data in any way. In particular, making repeated automated requests in short periods of time, accessing directly any part of the Site which should be referred to via a front-end page only (including any scripts), or accessing parts of the site (whether they exist or not) which could reasonably be regarded as being for the use of James Lowe or his appointed representatives, may be viewed as as an attempt to mount an attack on the Site, and may result in measures being put in place as required to prevent you accessing the Site. In extreme cases, evidence may be collected and passed to the relevant authorities in your country for legal proceedings to take place against you.
    2. You must not create any means of viewing the Website within any other website not owned by James Lowe ("framing"), except where reasonably required for services such as search engine results. In no circumstances should you capture any information passed to the Site for your own purposes, and you must always provide a means to view the Site directly.
    3. Usage of the photographs available on the Site on other websites is permitted, providing the watermarks remain present and a full credit to James Lowe is given for each image stating "© James Lowe". A link to either http://www.lowe-photo.co.uk/ or http://www.lowe-photo.com/ as preferred must also be present (linking directly to the image page is preferred, but not required). Higher quality, unwatermarked images without any requirement for credits or links can be provided, but will require a licence for their usage - please contact sales@lowe-photo.co.uk stating which images you require and their intended usage including required print/page footprint in inches, centimetres or pixels, expected print run/viewers, and whether you require 8-bit TIFF, 16-bit TIFF or JPG format - original RAW files will not be provided, and only some IPTC metadata will be present.
    4. You are granted a limited licence to access and make use of the Site, but except where allowable under Fair Dealing (known as "Fair Use" in the United States) laws, and allowing for the normal operation of web browsers, you may not archive, mirror or otherwise make copies of any part of the Site except for personal use or where allowed under Section 3 ("Shared/User Content") of these terms.
      1. When making such copies as allowed in Clause 2.4, you must not portray James Lowe or Site users in a bad light, nor must any information be modified in such a way as to give a false impression of its meaning (such as altering prices of prints).
      2. Data mining, spidering or any other automated collection of information present on the Site for purposes other than World Wide Web search engines is forbidden without express written permission from James Lowe. Such usage may result in technical means being placed to prevent your access to the Site.
  4. Shared/User ContentBack to top
    1. Features which allow sharing content from the Site on other sites such as Facebook or blogs ("Shared Content"), or for adding or creating content by Site users for viewing by other Site users such as comments ("User Content") may become available. These features are provided as a courtesy only, and James Lowe reserves the right to extend, modify, withdraw or restrict them, or remove the content contained within at any time and for any reason without giving prior notice or providing rationale for doing so.
      1. For the purposes of these terms and conditions, the definition of User Content excludes anything which may reasonably only be expected to be viewed by James Lowe and/or you.
      2. Any Site content not explicitly allowed for sharing may not be made viewable by other means than by visiting the Site. Where the content would be expected to be protected by Data Protection legislation from visibility to third parties, you acknowledge that you waive any claim under the aforementioned legislation by posting it where it will be visible to other Site users, or users of other websites.
    2. Any information (textual or graphical) which you have chosen to share along with the Shared Content, or any User Content you have submitted, should not contain anything which can be construed as illegal, offensive, defamatory or libellous, obscene, or which has been included for any activism/organisational/political campaigning purposes or for commercial purposes whether solicited or not. In addition, it must not cause inconvenience or anxiety on the part of anyone who may view it.
    3. All information included for sharing along with the Shared Content such as links and credits should be retained. In addition, if the Shared Content is intended to be sourced directly from the Site (such as through an HTML IMG tag with a SRC parameter beginning with the Site URL), it must remain this way. Under no circumstances is it acceptable to attach any credit for the Shared Content to anyone other than James Lowe or to infer that it was created by anyone other than James Lowe.
    4. By submitting User Content to the site, you retain full copyright to it, but you agree to grant James Lowe a royalty-free, non-exclusive and irrevocable licence for the purpose of making it available for viewing by other Site users, along with your name or other identifying titles. You also warrant that any User Content you submit is limited to that which you own the rights for, or which you have obtained the rights to by an explicit or permissive licence (such as Creative Commons, as long as the No-Derivatives clause or similar is not stated in the licence for the original work). Such rights will be viewed in the context of the Copyrights, Designs and Patents Act (as amended).
    5. By submitting or viewing User Content or Site Content you agree that James Lowe neither owns nor is responsible for any illegal or otherwise objectionable content. You agree that James Lowe has the right, but is not under any obligation, to remove such content as the Site owner and its representatives see fit.
    6. As a creator, James Lowe respects the rights of others to control their Intellectual Property, and takes any reports of infringement seriously. If you suspect infringement in any way on the Site in User Content, the appropriate method to report it is to send an E-Mail to contactme@lowe-photo.co.uk stating which content you suspect is infringing, if possible providing adequate evidence to back up your claim. James Lowe is not responsible for any content provided alongside Shared Content, and you should contact the relevant site owners to have it removed in accordance with their own removal policies.
  5. Availability and Site Access LicenceBack to top
    1. Although James Lowe and his hosting partners take all reasonable steps to ensure the site remains available and any interruptions are kept to a minimum, no guarantees can be made that the Site will be available at any particular time. Accordingly, James Lowe is not liable for any loss or inconvenience caused, directly or incidentally, by the site becoming unavailable or for failure to give notice of this.
    2. In addition to Clause 4.1 above, James Lowe cannot be held liable for failure of the proper operation of the Site, or for any consequential loss caused due to such an event.

TERMS AND CONDITIONS OF SALE

  1. ContractBack to top
    1. Placement of orders via the Site represents an offer to purchase items from James Lowe. Upon receipt of your order, an automated message will be sent to confirm that it has been received. Your order will not have been deemed to have been accepted until either:
      1. A manual message from James Lowe is sent to confirm acceptance of your order, or
      2. A manual or automated message is sent from James Lowe to confirm that your order, or part thereof, has been dispatched for delivery.
    2. Should your order be for multiple items and it is accepted by James Lowe, each item within should be regarded as being an individual contract for supply of that item. This notwithstanding, multiple items may be contained within a single parcel for delivery, or as appropriate may be dispatched in multiple parcels.
    3. Each contract as defined in Clause 5.2 will be deemed to have been completed upon dispatch of the relevant items.
    4. James Lowe reserves the right to refuse to accept your offer to purchase items for any reason. In such an event, James Lowe will make all reasonable efforts to inform you of this.
  2. PaymentBack to top
    1. Payment may be made via PayPal. In the event that PayPal is unavailable for any reason, James Lowe may offer an alternative payment provider, but is under no obligation to do so.
    2. If you are unable to use those payment methods provided in Clause 6.1, or if you would prefer not to use them, you may nominate an alternative of your own choosing, however any such alternative will be accepted solely at the discretion of James Lowe. Prior to placing each order in such cases, you must contact James Lowe for verification of its suitability and to confirm if it will be accepted.
    3. By placing an order, you authorise James Lowe to debit your selected payment method, or if this is not possible, to issue you a bill, for the full amount of your order at any time in the period between your order being received and the order being dispatched, and in any event no more than 30 days after receipt of your order.
      1. If your chosen payment method allows it, the funds will be authorised and may become unavailable in your account, depending on your bank. James Lowe may debit your account in either case for the full amount in a single lump sum, or may debit instalments up to the full amount authorised.
      2. By placing an order, you warrant that you have sufficient funds available in your chosen payment method to be able to fulfil your contract to purchase items for the periods stated in Clause 6.3, whether or not you expect your order to be accepted. Furthermore, you warrant that such funds will be available until either full payment has been made, or you have received notice from James Lowe that your contract is complete.
      3. Should James Lowe attempt to debit your payment method for more than is available, provided the debit amount attempted was the lesser of the full order amount or any remaining part thereof, no liability can be accepted for any charges that may occur. Should the total amount debited for your order exceed the order amount, James Lowe only accepts liability for direct charges levied by the bank or payment processor for the debit plus the difference between the order amount and the total amount debited, and not any consequential losses as a result of a negative account balance such as overdraft fees or charges for other failed debits.
      4. In the event that a debit initiated by James Lowe failed due to an attempt to debit more than the order amount, and this incurs a negative balance as per Clause 6.3.3, you should provide copies (not originals) of documentary evidence of any fees to the address noted in Clause 0.1 above for a refund.
    4. In all cases, unless confirmed otherwise in writing, cleared funds must be received in full prior to your order being actioned. James Lowe reserves the right to cancel any order where this has not occurred within a reasonable timeframe (and in any event, where cleared funds are not received in the period of 30 days after placement of your order). For those payment methods where there is a delay between your payment being presented and the receipt of cleared funds, such as cheque, this may necessarily delay further processing and delivery of your order.
    5. Where an agreement to deliver goods prior to the full receipt of cleared funds is in place, ownership of the goods remains with James Lowe until full cleared payment has been received. Furthermore, James Lowe reserves the right to enter the property where the goods are located, or appoint an agent to do so, for the purposes of recovering the goods in the event of any default.
    6. Unless confirmed otherwise in writing, payment may only be accepted in Pounds Sterling.
    7. Depending on the payment method in use, a currency exchange fee or other charges may be payable, and no liability can be accepted by James Lowe for these. In all such cases, you should contact the payment processor or other company or organisation responsible for the charges to dispute them or request information.
  3. Purchasing PrintsBack to top
    1. By purchasing prints, you acknowledge that any acceptance of your order does not represent an intention to licence you to make copies of the print or the image on the print, and that should you wish to use a particular image elsewhere, whether for profit or otherwise, this will require a specific licence for the intended usage, which you should enquire about in the first instance by contacting the address in 0.2.1. Furthermore, by purchasing prints, you agree that they will not be reproduced in any manner, except for those purposes in Clause 7.2 of these terms.
    2. Clause 7.1 notwithstanding, you may make a limited number copies of the image without a licence provided that they are solely for documentary purposes (such as for insurance or for later resale), and are of low quality or have been degraded in quality through the use of a visible watermark covering at least 20% of the image or other irreversible means. This does not limit your Fair Dealing (Fair Use) rights.
    3. Despite efforts to ensure the accuracy of the information contained on the Site, a small number of items may be mispriced, or may have an incorrect, incomplete, or inaccurate description. The action James Lowe will take upon discovery of such errors is at his sole discretion, subject to Clauses 7.3.1 and 7.3.2.
      1. If you order an item, and the actual price is lower than the price stated on the Site at the time you place your order, James Lowe will charge the actual price or, if the funds for the item have already been debited from your account, refund the difference of the actual price and the stated price.
      2. If you order an item, and the actual price is higher than the price stated on the Site at the time you place your order, or the description is found to be incongruent with the accompanying image, James Lowe may at his discretion either:
        1. inform you of the error and request instructions, or
        2. inform you of the error and remove the items, and refund any funds debited for the removed items, or
        3. inform you of the error and cancel your order, and refund any funds debited for the order up to that point.
    4. By ordering from the Site, you agree that your order constitutes an offer to purchase the items at the price stated at the time you place your order. Should the price as stated on the Site change in the time between your placing such an order and the time that the contract pertaining to the order is complete as detailed in Clause 5.2, James Lowe may, but is under no obligation to, charge the lower price or refund the difference, should the stated price be lower.
    5. Certain countries may impose customs restrictions or impose dutes or taxes upon arrival of the items in your country, which must be paid prior to clearance of the goods. Such charges are not included in the price you pay James Lowe, and due to the differing customs policies from country to country no advice on these charges can be given. In all cases, these charges are wholly borne by you. If you are unsure if the items are subject to customs policies, you should seek advice from the customs department in your country prior to ordering them.
      1. Further to Clause 7.5, customs may choose to open and inspect the package containing the goods, regardless of whether or not any customs charges can be levied on them. By ordering items from the Site, you agree that James Lowe cannot be held responsible should the items be damaged or degraded in this process. In such cases, you should contact the customs department in your country to lodge a compensation claim for the damage.
      2. James Lowe will not, under any circumstances, mark packages as gifts on the customs label, or use any other methods to enable you to evade customs charges. Requesting such may be a criminal offence, and in such cases James Lowe may report the request to the relevant authorities.
  4. Cancellation, Returns and RefundsBack to top
    1. Per the UK Distance Selling Regulations, if you are an EU customer, you may at any point from the time you place your order until the seventh day after the day you receive the items, choose to cancel the order or return any items purchased without giving any reason, subject to clauses 8.1.1 to 8.1.5.
      1. Should you choose to cancel your order or remove items from your order prior to shipping, you must contact James Lowe to advise of this. Prior to funds being taken for your order, you may visit the Order page on the Site, click the "Cancel order" link and confirm cancellation to cancel the order. Alternatively, should you wish to remove items from your order, or you wish to cancel your order after funds have been taken, or the "Cancel order" link is otherwise unavailable or unusable, you may contact the address in Clause 0.2.1.
      2. Should you choose to return the items under the Distance Selling Regulations, you must contact James Lowe within the relevant period mentioned in clause 8.1 to advise of this by contacting the address in Clause 0.2.1. Upon receipt of your intention to return the items, provided it was sent within the relevant time, James Lowe may, as soon as practically possible and in any case within 21 days of receipt of your intention to return the items:
        1. offer a replacement for the item(s), which you may opt to refuse, or
        2. where you have refused a replacement or such replacement has not been offered, or where you have explicitly stated that you would like a refund, credit the full order amount or, if you are returning only part of your order, the amount debited by James Lowe for the returned item(s) to your account.
      3. In the case of items which have been produced to your specification, you may only return those items which are damaged or faulty.
      4. Should you choose to return items within the period stated in Clause 8.1, all returns must be made within 30 days, and at your own expense. James Lowe may choose to recover the cost of items not returned this within this time, or recover the cost of returning the items should you return them at the expense of James Lowe.
      5. The Distance Selling Regulations impose a statutory duty upon you to take reasonable care of items between the date you receive them, until the date you may no longer return them under these regulations (as stated in Clause 8.1), while the item is under your care. While a breach of such statutory duty does not affect your right to return items, James Lowe may choose to recover an amount upto the full cost of any items which have been damaged or modified in your care, such as those which have been dry mounted, laminated, or have been subject to any other irreversible treatment or damage.
    2. Any notification of returns made other than under the Distance Selling Regulations (such as where the item is damaged prior to you receiving it or significantly not as described to you) must be made within 6 months of the day after the day you receive them, unless a guarantee issued by James Lowe exists for those items, in which case the period applicable in the terms and conditions for the guarantee will apply.
    3. If you choose to return items outwith the period allowed for under the Distance Selling Regulations as specified in Clause 8.1, James Lowe is under no obligation to accept them, or to offer a refund or replacement, unless the items have been damaged prior to you receiving them or are significantly not as described.

GENERAL TERMS

  1. LimitationBack to top
    1. Nothing in these terms restricts your statutory rights, or liability on the part of James Lowe for personal injury, monetary loss or death resulting from negligence or fraud on the part of James Lowe. Furthermore, by continued use of the Site, and by purchasing items through it, you agree to the relevant terms above.
    2. Subject to Clause 9.1, James Lowe cannot be held liable for any consequential loss or damage as due to circumstances outside the control of James Lowe, whether such loss is financial, monetary, or otherwise, even if James Lowe has been advised of the possibility of such loss or damage.
    3. Should any part of these terms be found to be unlawful, conflicting or otherwise unenforcable, the remainder of these terms shall continue to be valid and enforcable.
    4. Unless otherwise agreed explicitly in writing, the laws of Scotland and the United Kingdom (where applicable) shall apply to these terms, except where legal action is deemed necessary under Section 2 of these terms in which case the laws of the country in which you are domiciled, or in which your organisation is based (as appropriate for the circumstances of the breach), shall apply.

Images and content ©2010 James Lowe except where otherwise noted. All rights reserved, unauthorised use prohibited.

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