Terms & conditions
1. About these Terms and Conditions
This website www.productphotography.co.uk is made available subject to complying with our Terms and Conditions set out below.
The Terms and Conditions should be read in conjunction with our Privacy and Cookies Policy: www.productphotography.co.uk/privacy-policy/
These counterparts together form our terms and conditions and use of the Website constitutes an agreement by the user to be bound by these terms. If you do not wish to be bound by these Terms and Conditions you are advised not to use the website.
Product Photography will grant users the right to establish an account and to use the Services provided by this Website only on acceptance of all of our Terms and Conditions.
2. About Us
Product Photography provides packshots and ecommerce photography to brands, designers, wholesalers, shop owners and online retailers with just a click of a button. We can be contacted directly by email to firstname.lastname@example.org.
3. General Terms
Users of this website must be at least 18 years old and be legally capable of entering into binding contracts. Access to those under 18 years old is not permitted.
If you are entering into this agreement on behalf of a company or other legal entity or person, your continued use represents to us that you have the authority to bind such entity or person to these Terms and Conditions.
The information and services available on the Website are provided for the purpose of enabling Users to order photographic services as packaged by Product Photography.
Unless the context otherwise requires, references to the singular include the plural and references to the masculine include the feminine, and vice versa.
The headings contained in these Terms and Conditions are for convenience only and do not affect their interpretation.
References to any statute or statutory provision shall, unless the context otherwise requires, be construed as a reference to that statute or provision as from time to time amended, consolidated, modified, extended, re-enacted or replaced.
In these Terms and Conditions, the following meanings shall apply:
“Client” refers to any user registered as an individual, or company, that places an order on the Website.
“ecommerce photography” products shot on models for websites, often on white background
“packshot” product photography that is taken, cut-out and placed on a white (or other background) for ecommerce websites
“We” “Our” or “Us’ refers to Product Photography
“Website” refers to our website, www.productphotography.co.uk and also the use of any apps, mobile or tablet platforms and any services provided by Us
All sellers must first register with Product Photography and follow the registration process. All details provided must be accurate and correct. You must only register your own details and not use any words that are trademarks (other than your own or authorised to use), vulgar, obscene, or in any way inappropriate.
We reserve the right to verify a seller’s identity and also to carry out any checks in relation to vehicles listed on the Website, including carrying out anti-fraud and theft checks.
7. Use of the Service
Each user is only permitted to have one account and must be registered with a real name (either individual name or registered company). If necessary, additional identification may be required. Users must keep details of their account secret and secure. Registered details and passwords must not be used or shared with colleagues or anyone else. Users are responsible for all activity on their account, unless we are notified of fraudulent or unauthorised use.
Product Photography retains the right at its sole discretion to deny access to all or parts of the website, to close down accounts of users and change any eligibility criteria at any time and for whatsoever reason.
b. Placing an order
Users can place orders once registration is complete. By placing an order, clients agree to our Terms and Conditions and will be legally bound by these. Clients will receive an email confirmation of an order placed. The contract between Product Photography and the client will be in force upon acceptance of the order and payment has cleared. Product Photography retains the right to accept or refuse orders at our sole discretion. Clients will be informed of any orders which are refused or are unable to be fulfilled.
Ghost Mannequin, Flat and Packshot packages include collection of items, steaming, photo shoot and retouch. Return delivery of items. Limited revisions to images, as detailed in section h.
On-Model Photo Package is as per packshot package plus the addition of a trained stylists. A makeup artist can be added to the package at an additional fee. Model’s are not included but help casting can be provided.
Product Photography can shoot any number of items. For orders over £300, Product Photography will arrange item collection within the UK mainland. For collection from outside the UK, clients should contact us by email for further details.
Product Photography offers next day collection from Monday to Friday on your preferred collection date. Next day collection is free for a minimum of £300.
All items must be suitably packaged and ready for collection on the arranged day. Third party couriers may refuse to transport any items not packaged appropriately. In this event, we shall not be liable for any delays to orders being processed or the consequences of late delivery.
For orders below £300 items, the client is responsible for arranging a 3rd party courier to deliver and collect items for return, from our address at Unit 8 The Viaduct Business Centre, 360a Coldharbour Lane, Brixton, London SW9 8PL. Clients should contact us at email@example.com or via the website to notify us of any arranged deliveries/collections.
e. Shooting your photos
Tags will be removed for shooting and retagged for return. Items are steamed prior to shooting. Care will be taken to remove unflattering creasing during the shoot with further correction done in post-production as required. All post-production and retouch work is included in the price. We will do our best to colour match products during quality control.
For shoots of more than 1000 items please email firstname.lastname@example.org or send a message through our website contact form.
f. Use of models
We cannot guarantee the availability of any particular model, unrecognised or recognised. We shall not be liable for non-availability of models or any delays caused by third parties, including delays due to lateness or no shows, which are beyond the control of Product Photography.
g. Sample sizes
Sample sizes for females should be: Height: 165 cm; Chest: 78 cm; Waist: 64 cm;
Hip: 93 cm; Inside Leg: 90 cm.
Sample sizes for males should be: Height: 177 cm; Chest: 101 cm; Waist: 82 cm
Hip: 100 cm; Inside Leg: 98 cm.
Images will be delivered in either Hi-resolution and Low-resolution web JPGs or PNGs selected on the calculator prior to checkout. Clients should contact us in advance if other or multiple formats are required.
For alternative shots, select ‘additional shots’ and provide a detailed description in the notes field, when placing an order.
Items can be named based on a barcode at an additional fee. This can be added on our calculator or by phone prior to making the order. This is only possible if all items are tagged.
Product Photography retains the copyright to images produced by us, however, clients have full use of the images, including print. Images are for the client’s use only on their own branded website or social media pages. Clients must contact Product Photography for rights to other usage such as outdoor advertising, publishing, selling the photographs or using the images for commercial gain including but not limited to marketing and promotion. Images cannot be given to any third party under any circumstances.
i. Approval of images
Clients are required to give approval/sign-off for images before delivery. Clients will be notified when images are available to download via Dropbox online. Images will be available to download for 1 week only.
Product Photography will endeavour to meet a client’s requirements and should the client not be satisfied with the images, they must notify Product Photography within 48 hours. Ghost Mannequin, Flat and Packshot packages may be revised or reshot as agreed with us, providing the items are still held at our studio. On-Model packages can only be revised at the postproduction stage. All revisions will be at the discretion of Product Photography and the final post production and editing styles, effects, and overall look of the images are solely at our discretion.
Product Photography do not accept any responsibility for late delivery of images to the client, or any subsequent costs incurred by the client, due to late delivery of images, or inability to open images.
Once the client has approved images, Product Photography shall not be responsible for any subsequent defective claims by the client.
j. Delivery and return of items
We aim to complete an order, shooting and retouching items, within 3 to 5 days from receipt of items, depending on the number of items. We shoot 7 days a week.
Once we have completed the work we will contact you to arrange a delivery day and confirm details for delivery of the items and images.
We do not provide insurance cover for any items whilst in our possession at our studio. Clients are solely responsible for ensuring that they have adequate insurance cover for all items provided to us for photographing.
Clients acknowledge that whilst items are in transit to or from our studio, the third party delivery company or courier will be responsible for the items. Clients are responsible for ensuring that appropriate and adequate insurance is in place. Product Photography does not accept any responsibility for items lost in transit.
Clients are required to pay in advance a fee to access the services and access will not be available until payment has been accepted by Product Photography and funds have cleared.
Payments can be made online through Stripe, who will take payment via a secure server (SSL) connection that protects a user’s payment details. We do not have access to the payment details for a transaction carried out via the website.
VAT Registration Number: 369634552
We reserve the right to revise our prices and to notify you of any pricing changes by posting these on the website. All charges will be subject to the relevant taxes being applied at the time of purchase.
Clients can access the website and see the details of the business without charge. We reserve the right to change this provision for business reasons at any time.
These Terms and Conditions shall be in force on your use of the Website and registration of an account/login.
If there is a long period of inactivity on a registered account, we may contact you to confirm that you still wish to be registered. If we are unable to contact you, we reserve the right to suspend or remove your registration from the website.
We reserve the right to limit or prevent access to the Product Photography website on a temporary or permanent basis for any user, if there is a breach of our Terms and Conditions. If any user consistently breaches these Terms and Conditions, we may at our sole discretion terminate your agreement for services and block or limit access to the website.
Packages provided by Product Photography are specific to each client and consequently the 14-day statutory cancellation period does not apply. No refunds will be made once delivery of a service for a client has commenced.
If you suspect or know that your account or bank account has been used fraudulently you must notify us immediately.
12. Limitation of Website Use
You may only use this website for lawful purposes when purchasing photography services from Us as available on the Website and in accordance with these Terms and Conditions.
Product Photography reserves the right to cancel or suspend any agreement for services on the Website at any time at their sole discretion.
13. Data Protection
Under the Data Protection Act (DPA) 1998 (and from 25 May 2018, the General Data Protection Regulation), data subjects have the right to access any data personal data kept by us through a Subject Access Request (SAR).
It is the responsibility of the seller to ensure that any data held as a data controller that contains a user’s personal information is held in accordance with the DPA and all applicable data protection laws.
As permitted under the data protection legislation we store a user’s personal data only for as long as necessary and for legitimate purposes. We are not responsible for its accuracy or ensuring that it is up-to-date.
We do not pass your information to any third parties except those who have contractually agreed to our service terms and conditions. Data is not used or sold outside of the agreed terms and conditions.
We retain the right to respond to legal requests as necessary.
14. Intellectual Property
Product Photography reserves the right to all intellectual property in relation to this website and the services provided. Use of the services does not give the user any ownership in the services, its content or any trademark or logo used on the website by Product Photography.
Photos and images produced by us remain our intellectual property at all times and Clients are given a licence to use such only in accordance with these terms and conditions and as stated in clause 7g. The licence to use images may be withdraw by Product Photography at any time if there is reason to belief that our intellectual property has been compromised by the Client.
Any information or material provided to us is on the basis of a non-exclusive, irrevocable, perpetual and royalty free licence to use such information and material in relation to the services we provide under our Terms and Conditions.
15. Changes to Terms and Conditions
These terms and conditions may be modified from time to time and you are advised to check this page to see that you are reading the most up-to-date Terms and Conditions.
If you have any questions regarding this Policy or any issue regarding our approach to privacy, you should contact us by email to email@example.com.
Any disputes in relation to work between you and a seller are solely between you and them and we shall not be a party to any dispute, except where it is expressly stated in our terms and conditions or as legally required.
Product Photography takes all reasonable care in the services provided under this agreement, but shall not be liable for any loss or damage suffered by the client or by any third party arising from use or reproduction of any of its images.
To the full extent permissible by law Product Photography disclaims all responsibility for damage or loss howsoever arising including but not limited to loss of projects, loss of profits, loss of data or consequential or indirect losses arising in contract, tort or otherwise from the use of or inability to use the website and/or any information or materials on www.productphotography.co.uk.
Nothing in these Terms and Conditions shall exclude or restrict our liability for death or personal injury caused by our negligence, for fraudulent misrepresentation and/or any other liability which shall not be excluded or limited by law.
18. No Waiver
No failure or delay by Product Photography in exercising any of its rights shall be deemed to be a waiver of that right, and no waiver of a breach of any provision of the Terms and Conditions shall be deemed to be a waiver of any subsequent breach of the same or any other provision.
19. Force Majeure
Product Photography shall not be liable for any failure or delay in performing their obligations under these Terms and Conditions where such failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of Product Photography.
20. Entire Agreement
By using this website, users accept that they shall not rely on any representation, warranty or other provision except as expressly provided in these Terms and Conditions. All conditions, warranties or other terms implied by statute or common law are excluded as fully permitted by law.
Each of these conditions is separate from all other conditions, so that if one condition is found to be void or otherwise unenforceable it will not affect the validity of any of the others.
22. No Partnership
Nothing in these terms and conditions shall constitute or be deemed to constitute a partnership, joint venture, agency or other fiduciary relationship other than the contractual relationship expressly provided for in these Terms and Conditions.
23. Third Parties
No part of these terms and conditions shall confer rights on any third parties and accordingly the Contracts (Rights of Third Parties) Act 1999 shall not apply.
Access to the clients area of the website shall be personal to the individual client. The user may not assign, mortgage, charge or sub-license or otherwise delegate any of its rights, or sub-contract or otherwise delegate any of its obligations including to any other agency user, whether internally or to at another agency, without the written consent of Product Photography.
Notices sent to you by e-mail will be deemed to have been received twenty-four hours after sending. We can be contracted by email to firstname.lastname@example.org.
The postal address for all notices and correspondence is:
360a The Viaduct Business Centre,
26. Jurisdiction and Governing Law
These Terms & Conditions and all disputes, whether contractual or otherwise, arising out of or in connection with them are governed by and shall be construed in accordance with the laws of England and each party submits to the exclusive jurisdiction of the English courts.