Terms & Conditions
These terms and conditions govern the services offered by Product Photography. By using our services, you agree to these terms.
1. Definitions
In these Terms and Conditions, “we”, “our” and “us” means Product Photography and “you” means the client receiving services from us.
2. Eligibility
By using our services, you (the “Client”) confirm that you are legally capable of entering into binding contracts and are at least 18 years old.
3. Services
3a. We provide product photography and video services for businesses and individuals as described on our website.
– Packshot / Ghost Mannequin / Flat Lay Photography
– On-Model Photography
-Video Production
Clients must ensure all items provided for photography or video are suitable for the services requested.
3b. The Client warrants that:
(a) it owns, or has obtained all necessary rights, consents and permissions in relation to, any products, materials, packaging, branding, designs, images or other content supplied to us;
(b) our use of such materials for the purposes of providing the services will not infringe the intellectual property rights or other rights of any third party; and
(c) the products supplied comply with all applicable laws and regulations.
4. Orders and Minimum Order Value
4a. All orders must be placed through our website, order form, or directly with us via email or phone.
4b. Minimum order values apply as follows:
– Packshot / Ghost Mannequin / Flat Lay Photography – £300 (excluding VAT)
– On-Model Photography – £600 (excluding VAT)
– Video Production – £1,000 (excluding VAT)
We do not accept orders below these minimum values.
4c. Work will not normally commence until payment has been received in full and cleared. In all cases, no final images or videos will be released to the Client until payment has been received in full and cleared.
4d. By submitting an order or quote request, the Client confirms they have read and accepted these Terms and Conditions, including the minimum order requirements and advance payment policy.
5. Prices
Prices are as shown on our website or as quoted by us. We reserve the right to amend our standard pricing from time to time. Any revised pricing shall apply only to future orders and shall not affect orders already accepted by us, or pricing agreed under any separate written agreement between the parties.
6. Delivery of Products for Photography / Video
6a. The client is responsible for ensuring that all products are delivered to us in a suitable condition for photography or video.
6b. The client is responsible for any costs incurred in delivering products to us unless otherwise agreed.
6c. Products must be clearly labelled, and instructions provided for how each item should be photographed or filmed.
6d. Liability for transit: We accept no liability for items lost or damaged in transit to or from our studio, whether delivery is arranged by the Client or by Product Photography on the Client’s behalf. In cases where we organise collection or return using a third-party courier, such courier acts as the Client’s agent, and risk of loss or damage remains with the Client at all times. Clients are strongly advised to ensure they have appropriate insurance cover for all items in transit.
6e. Unless otherwise agreed in writing, products must be collected, or return arrangements made, within 30 days of completion of the services. We reserve the right to charge reasonable storage fees for products remaining in our possession after the period of 30 days of completion of the services. Where products remain uncollected for more than 90 days after completion of the services, and we have made reasonable efforts to contact the Client, we reserve the right to dispose of such products without liability.
7. Images, Videos, and Intellectual Property Rights
7a. Images and videos will be delivered in the formats selected at checkout unless otherwise agreed in advance.
7b. For alternative shots, select ‘additional shots’ and provide a detailed description in the notes field when placing an order.
7c. Items can be named based on a barcode at an additional fee, only if all items are tagged.
7d. Product Photography retains ownership of all copyright and other intellectual property rights in all images, videos and other content created in the course of providing the services. Upon delivery of the final images or videos, the Client is granted a non-exclusive, non-transferable licence to use such images and videos for its own website, social media channels, and e-commerce activities.
7e. The licence granted under cl. 7d does not permit:
(a) sale, assignment, sublicensing or transfer of any images or videos to any third party;
(b) use by any third party;
(c) use in above-the-line (ATL) advertising, including print adversing, billboards, television advertising, paid media campaigns or similar promotional activity,
unless otherwise agreed in writing and subject to payment of any applicable additional fees.
7f. The licence granted under this clause is conditional upon payment of all sums due to us. Where any invoice remains unpaid following its due date, we may immediately suspend or revoke the licence granted under cl. 7d and require the Client to cease all further use of the relevant images or videos until payment has been received in full.
7g. Unless otherwise agreed in writing before delivery of the relevant images or videos, we may display, reproduce and use the images and videos for our portfolio, website, social media channels, marketing materials and promotional activities.
7h. We may, but shall not be obliged to, retain copies of any materials following delivery. Unless otherwise agreed in writing, final edited images may be retained for up to ninety (90) days following delivery; and RAW files, shoot session files and other working files may be retained for up to thirty (30) days following delivery. Following expiry of the applicable period, the Supplier may permanently delete any Materials without liability. Any archiving, retrieval, restoration or re-supply services may be subject to additional fees.
8. Payment
8a. Clients are required to pay in advance. Work will not commence until payment has cleared, unless otherwise agreed in writing.
8b. Unless otherwise agreed in writing, all services are provided on a payment-in-advance basis.
8c. Once an order has been accepted and work has commenced, the client remains liable for full payment of the agreed fee, regardless of cancellation or withdrawal. No refunds will be given once services have begun.
8d. Payments are processed online through Stripe’s secure server. We do not have access to clients’ payment details.
8e. Product Photography’s VAT Registration Number: 369634552
8f. Where credit terms have been agreed, invoices shall be payable in accordance with the relevant invoice or written agreement.
8g. We reserve the right to charge interest on overdue sums pursuant to the Late Payment of Commercial Debts (Interest) Act 1998.
8h. Without prejudice to any other rights or remedies, we may suspend performance of the services where any invoice remains unpaid after its due date.
9. Turnaround Time
Any delivery dates are estimates only and may be extended where delays result from the Client’s acts or omissions, including delays in providing products, information, instructions, approvals or feedback. Turnaround times will generally be agreed with the client in advance. We will make reasonable efforts to deliver images or videos on time, but deadlines are not guaranteed.
10. Return of Products
10a. Clients are responsible for arranging and covering the cost of return delivery unless otherwise agreed.
10b. We accept no responsibility for loss or damage to products once they have left our premises, whether collection/return is arranged by the Client or by Product Photography on the Client’s behalf.
11. Cancellation
11a. Confirmed bookings may be cancelled as follows:
(a) more than 14 days before the booked shoot date: no cancellation fee;
(b) 7 to 14 days before the booked shoot date: 50% of the agreed booking value;
(c) less than 7 days before the booked shoot date: 100% of the agreed booking value.
11b. Where work has already commenced, the Client shall remain liable for all work performed and costs incurred up to the cancellation date. Any unpaid cancellation charges shall become immediately due and payable.
12. Liability
12a. Nothing in these Terms excludes or limits liability for:
(a) death or personal injury caused by negligence;
(b) fraud or fraudulent misrepresenation; or
(c) any liability which cannot lawfully be excluded.
12b. Subjec to to the above,
(a) we shall not be liable for any loss of profit, revenue, goodwill, business opportunity, contracts, anticipated savings, or any indirect or consequential loss; and
(b) our total aggregate liability arising from any order shall not exceed the lower of total fees paid for that order during the twelve (12) months preceding the claim, and £10,000. The parties acknowledge that this limitation of liability forms an integral part of the commercial basis of this Agreement and reflects the nature of the services provided and the Supplier’s insurance arrangements.
(c) Notwithstanding any other provision of these Terms, our aggregate liability for loss of or damage to products, samples, garments or other physical items supplied by or on behalf of the Client shall not exceed £10,000 in aggregate.
13. Confidentiality
Each party shall keep confidential all confidential information received from the other party and shall not disclose such information except where required by law or reasonably required for the performance of the services.
14. Force Majeure
We are not liable for any delay or failure to perform our obligations due to causes beyond our reasonable control, including but not limited to acts of God, strikes, accidents, war, fire, equipment or transmission failure.
15. Privacy and Data Protection
We respect your privacy and will use your personal data in accordance with our Privacy Policy.
16. General Provisions
16.1 Entire Agreement: These Terms and Conditions, together with any quotation, order confirmation, proposal, statement of work or other document expressly incorporated by reference, constitute the entire agreement between the parties in relation to the services and supersede all previous discussions, negotiations, understandings and agreements relating to their subject matter.
16.2 Notices: Any notice given under or in connection with these Terms and Conditions shall be in writing and shall be delivered by hand, sent by pre-paid first-class post or other next working day delivery service to the recipient’s registered office or principal place of business, or sent by email to the most recent email address notified by that party.
A notice shall be deemed received:
(a) if delivered by hand, at the time the notice is left at the proper address;
(b) if sent by post, at 9:00 am on the second Business Day after posting; and
(c) if sent by email, at the time of transmission, provided that no notification of delivery failure is received.
16.3 Assignment: The Client may not assign, transfer, subcontract, charge or otherwise deal with any of its rights or obligations under these Terms and Conditions without our prior written consent. We may assign, transfer, subcontract or otherwise deal with any of our rights or obligations under these Terms and Conditions provided that doing so does not materially prejudice the Client’s rights.
16.4 Severance: If any provision of these Terms and Conditions is held to be invalid, unlawful or unenforceable, that provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable. If such modification is not possible, the relevant provision shall be deemed deleted. Any modification or deletion shall not affect the validity and enforceability of the remainder of these Terms and Conditions.
16.5 Third Party Rights: A person who is not a party to a contract governed by these Terms and Conditions shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of such contract.
16.6 Waiver: No failure or delay by either party in exercising any right or remedy shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy.
16.7 Governing Law and Jurisdiction: Any contract governed by these Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with any contract governed by these Terms and Conditions..
17. Contact Details
Product Photography
Unit 8, Camberwell Trading Estate
117-119 Denmark Road
London
SE5 9LB
