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Terms & Conditions

Terms & Conditions for Jez Hughes Photography

Basis & Definitions

The website and associated store (jezhughesphotography.com/prints) is operated by Jez Hughes Photography (“we” or “us”), and will be referred to hereafter collectively as Jez Hughes Photography henceforth means any service provided by Jez Hughes Photography.

This page (together with our Privacy Policy) tells you information about us and the legal terms and conditions (Terms) on which you may use Jez Hughes Photography to order prints via the Print Store, and use this website including the intellectual property within.

You should print a copy of these Terms or save them to your computer for future reference.

We may amend these Terms from time to time as set out in clause 8. We will notify you when we update the Terms and those new Terms will apply for all use of Jez Hughes Photography and Services provided after that date. You may cancel your registration to Jez Hughes Photography at any time as set out in clause 3.

  1. Information about us
    1. We operate as Jez Hughes Photography as a sole trader. Jez Hughes Photography operates as an alias to the individual person ‘Jez Hughes’, where any individual copyrights or licences held by Jez Hughes apply to Jez Hughes Photography.
    2. To contact us, please see our Contact Us page.
  2. Registration
    1. You must register and create an account if you wish to use Jez Hughes Photography to order products or leave comments in our ‘Blog’ or ‘News’ sections. For the steps you need to take to register on Jez Hughes Photography, please follow the instructions under the ‘My Account’ page.
    2. You confirm to us that all information provided is true and accurate. You must keep your Account information up to date. We may use the information you provide to verify your identity. We may refuse to accept any registration in our discretion.
    3. Once you have registered, you will receive a Registration Confirmation email from us.
    4. Your registration will continue in accordance with these Terms, until you or we cancel as set out in clause 3.
  3. Your right to cancel and our right to cancel
    1. You may cancel your registration for Jez Hughes Photography at any time, by clicking the ‘Delete Account’ option under your ‘My Account’ page.
    2. We have the right to cancel your registration, disable any Account, user name or password at any time. We will notify you if we do so.
    3. If you cancel your registration within 30 days of registering, this may impact our ability to facilitate any orders you make on our ‘Store’, and we reserve the right to cancel these orders and refund the order amount.
    4. To cancel, please log into your Account and click the ‘Delete Account’ button. Or you may contact us by email via our Contact Us page.
    5. You may wish to keep a copy of your cancellation notification for your own records.
    6. If your registration is cancelled (by you or us), you will not have any further access to Jez Hughes Photography as a user, and therefore no access to your order history or ‘Downloads’ associated with orders.
  4. Payment
    1. Payment is accepted using Paypal. Payment by cheque, credit card, debit card postal order or credit facility is not supported by Jez Hughes Photography and Jez Hughes Photography do not recognize any form of payment other than those forms of payment listed on Jez Hughes Photography at product order checkouts or on order pages. Jez Hughes Photography operates on a cleared funds basis only and will not process any orders for goods or services until payment has been authorized. Furthermore, Jez Hughes Photography does not offer credit accounts or the facility to make prepayments on any goods or services offered within.
    2. Should there by any uncertainty regarding the credibility of a submitted payment, Jez Hughes Photography reserves the right to suspend the order in question and the offending account may be terminated.
    3. All prices listed are exclusive of Value Added Tax unless expressly stated otherwise.
  5. Restrictions
    1. Users are not permitted to remove any copyright, trademark or any other intellectual property notices contained within the original material or from any material copied or printed from any part of Jez Hughes Photography.
    2. Users are not permitted to register on the behalf of another person unless specifically authorized to do so.
    3. Users are expressly forbidden to copy (by printing, storing, or disseminating in any way), alter or tamper in any way, or otherwise use any materials contained in this website except as set within these terms and conditions.
    4. Password security and the security of the confidential information stored within user accounts is the responsibility of the user. Any damage or unauthorized usage including but not limited to copyright infringement caused by any unauthorized access arising from security failure on the part of the user will not be the responsibility of Jez Hughes Photography. While Jez Hughes Photography will make all possible efforts to ensure the privacy of users is respected, liability for compromised accounts which are the fault of the user will not fall on Jez Hughes Photography.
    5. Jez Hughes Photography also reserve the right to refuse further service pertaining to any person or persons who has knowingly or unknowingly breached any of the terms and conditions of the website.
  6. Copyright
    1. Jez Hughes Photography holds exclusive copyright to all images on this website created and uploaded by Jez Hughes, where image’s metadata includes ‘Jez Hughes’ as the copyright owner.
    2. Other images, fonts, icons and intellectual property that appear on this website hold third party copyright licenced to Jez Hughes Photography.
    3. Images offered as physical prints on Jez Hughes Photography are a single reproduction granted to customers who purchase original prints as products. Customers are not permitted to further reproduction, reprinting, online impressions or copying by customers or users of Jez Hughes Photography.
    4. All images offered as free downloads, including those to customers as Mobile Wallpapers are versions offered free of copyright, and users are free to reuse and share these digital image versions as they choose. The original works of these free offered images are still protected as an original version, and thus the restrictions in 6.1 still apply.
    5. Images from Jez Hughes Photography may be used for non-commercial purposes or applications under the condition that due credit and reference is given to ‘Jez Hughes Photography’ and this website – https://www.jezhughesphotography.com (where possible). Restrictions to non-commercial use apply – see 6.6. If the image’s application does not support credit or referencing, users must gain express permission from Jez Hughes Photography. You may use the Contact Page to enquire.
    6. Images from Jez Hughes Photography, whether under a commercial or non-commercial use, may not be directly or indirectly associated with the following content: defamatory content, pornography, dating or escort services, tobacco products, political parties, illegal activities. Jez Hughes Photography reserves the right to enquire, dispute and restrict usages of images where necessary.
    7. Jez Hughes Photography declares that all images presented on this website’s ‘Photos’ page, ‘Prints’ page, ‘Home’ page, all posts categorised under ‘Photography’ on the ‘Blog’ page, ‘About’ page, Attachment pages. ‘Contact’ page and all images where ‘Jez Hughes’ is written as copyright holder on image EXIF are original works and content produced by ‘Jez Hughes’.
  7. Personal information
    1. We only use your personal information in accordance our Privacy Policy and in accordance with EU GDPR regulations.
  8. Our right to vary these terms
    1. We may revise these Terms at any time by amending this page. We will notify you of any changes and any use of Jez Hughes Photography after notification will be subject to such amended terms.
    2. Whenever we revise these Terms in accordance with this clause 8, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page
  9. Use of Jez Hughes Photography
    1. We may update Jez Hughes Photography from time to time, and may change the content at any time. However, we are under no obligation to update it. We make no representations, warranties or guarantees, whether express or implied, that the content on Jez Hughes Photography is accurate, complete or up-to-date.
    2. We do not guarantee that Jez Hughes Photography, or any content on it, will be secure or free from bugs, viruses, errors or on a GoDaddy server with SSL encryption.
    3. We do not guarantee that Jez Hughes Photography, or any content on it, will always be available or be uninterrupted. Access to Jez Hughes Photography is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of Jez Hughes Photography without notice. We will not be liable to you if for any reason Jez Hughes Photography is unavailable at any time or for any period.
    4. You are responsible for configuring your information technology, computer programmes and platform in order to access Jez Hughes Photography. You should use your own virus protection software.
    5. You must not misuse Jez Hughes Photography by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to Jez Hughes Photography, the server on which Jez Hughes Photography is stored or any server, computer or database connected to Jez Hughes Photography. You must not attack Jez Hughes Photography via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use Jez Hughes Photography will cease immediately.
    6. You must treat your user name, password and any other registration and Account information as confidential. You must not disclose it to any third party. If you know or suspect that anyone other than you knows your user name or password, you must promptly notify us and change your details in ‘My Account’.
    7. We have the right to disable any Account, username or password at any time. We will notify you if we do so.
    8. We are the owner or the licensee of all intellectual property rights on Jez Hughes Photography, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
    9. We will not be liable for any loss or damage caused by:
      1. use of, or inability to use, Jez Hughes Photography; or
      2. a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of Jez Hughes Photography or to your downloading of any content on it, or on any website linked to it; or
      3. any breach of GoDaddy’s security or any breach of security other than as a direct result of our negligence.
  10. Print services
    1. Jez Hughes Photography offers print services for delivery. Orders placed for these services are placed manually on Jez Hughes Photography by Jez Hughes Photography users.
    2. The customer accepts that colour matching and the preparation of files is subjective, and that totally accurate colour matching to 100% fidelity is rarely possible. However, Jez Hughes Photography will endeavour through the development of print proofs to achieve the closest possible match within the limitations and constraints of available technologies, materials, and processes used.
    3. Due to the imprecise nature of colour management and the discrepancies which may arise through their use outside of the controlled environment of Jez Hughes Photography’s studio, Jez Hughes Photography cannot be held responsible for differences in tone, contrast, or any other aspect of an image supplied due to its appearance on screen. The colour management process is designed to minimize and not eliminate tolerances in the reproduction of colour prints.
    4. Delivery of completed orders will be made on behalf of Jez Hughes Photography by chosen couriers or any other delivery services at the discretion of Jez Hughes Photography. Charges for postage, packing and delivery will be incurred and payable at the time of order.
    5. Jez Hughes Photography shall not be held responsible for any damage to, discrepancies in or shortages of delivered materials unless notified by the customer within 48 hours of receipt.
    6. Jez Hughes Photography offers a quality satisfaction policy which is non-inclusive of damage claims. Quality satisfaction disputes cover concerns over the quality and accuracy of printed images, not the condition they are delivered. Customers must notify Jez Hughes Photography within 30 days of receipt of goods to qualify for a quality satisfation claim.
    7. Any claims for either damages or product dissatisfaction must be supported by the return of the damaged article which Jez Hughes Photography will arrange the collection of. Claims of this nature will be limited to the cost of the order as charged by Jez Hughes Photography. No actions will be taken by Jez Hughes Photography without receipt of the damaged item.
    8. Any damaged items returned to Jez Hughes Photography will be destroyed after investigation
    9. Should offer codes and promotional codes be published as part of a promotion or should free prints be offered as part of such a promotion, the use of said codes will be subject to additional terms and conditions presented with the offer as well as the terms herein. Offer codes may provide a number of free prints or a discount on part of an order. Offer codes may only be used for online orders placed through Jez Hughes Photography and are limited to a maximum of one code or standard rebate per user per order. Postage and packing charges will still apply and will need to be paid by conventional methods at the time of order unless otherwise specified
  11. Pricing of images and our services
    1. We set the prices for printing and delivery on Jez Hughes Photography and reserve the right to vary them from time to time.
    2. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of a Product a Customer orders, we reserve the right to cancel this order or fulfil it at our sole discretion.
    3. Prices for the Products may change from time to time, but changes will not affect any Order which we have confirmed with a Dispatch Confirmation.
  12. Payments & Cancellations
    1. You can access your Account to update your personal information and manage your orders.
    2. Your Account will show details of orders placed and their current status on a best endeavours basis.
    3. If there is a balance of sums due from you to us, you authorise us to invoice such sums to your customer account to claim payment from you.
    4. Order invoices & remittances we generate for you for print order, fulfilment order and storage payments & charges will be in our standard form based on English law and we do not give any assurance that this will comply with your own requirements or the requirements of your local laws and regulations. It is your responsibility to comply with all such laws and regulations and you may re-submit a corrected invoice to us if you do not consider that the invoice we generate is compliant for your requirements.
    5. On cancellation of your Account for any reason
      1. You agree that we may continue to fulfil orders already made, or cancel, at our discretion.
      2. Our charges shall continue to apply, and we shall settle your Account, for any Customer orders which are fulfilled and/or any returns or refunds made;
    6. Any transaction charges or similar charges levied by online payment or merchant service providers on sums received by you (including, by way of example only, any PayPal charges) shall be paid by you.
  13. Our liability:
    1. Nothing in these Terms limits or excludes our liability for:
      1. death or personal injury caused by our negligence;
      2. fraud or fraudulent misrepresentation;
      3. breach of the terms implied by section 12 of the Sale of Goods Act 1979 and section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); or
      4. defective products under the Consumer Protection Act 1987.
    2. Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Services and Jez Hughes Photography. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Services and Jez Hughes Photography are suitable for your purposes.
  14. Events outside our control:
    1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an event outside our control.
    2. If an event outside our control takes place that affects the performance of our obligations under these Terms then:
      1. we will contact you as soon as reasonably possible to notify you;
      2. we will take steps to minimise the effect of the event. Provided that we do this, we will not be liable for failures or delays caused by the event. Where the event outside our control affects our delivery of Products to a Customer, you will arrange a new delivery date with the Customer after the event is over. If there is a risk of substantial delay, you may contact us to cancel the fulfilment order and receive a full refund for any Products paid for but not received.
    3. Notifications
      1. When we refer, in these Terms, to “in writing”, this will include e-mail. A notice or other communication shall be deemed to have been received if delivered to the e-mail address registered on your Jez Hughes Photography account at the time of sending.
      2. If you wish to contact us in writing for any reason, you can send this to us by using the contact details on the Contact Me page.
      3. If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your Account information
      4. In proving the service of any notice, it will be sufficient to prove, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
      5. The provisions of this clause 14 shall not apply to the service of any proceedings or other documents in any legal action.
  15. Other important terms
    1. We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or our obligations under these Terms before such transfer. We will notify you in writing or by posting on our website if this happens.
    2. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
    3. This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
    4. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
    5. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this Contract, that will not mean that you do not have to do these things and it will not prevent us taking steps against you at a later date.
    6. A reference to a particular law is a reference to it as it is in force for the time being, taking account of any amendment, extension, application, re-enactment or replacement legislation and includes any subordinate legislation for the time being in force made under it.
    7. If you are a consumer, please note that these Terms are governed by English law. This means any dispute or claim arising out of or in connection with your use of Jez Hughes Photography will be governed by English law. You can bring claims in the English and Welsh courts. However, if you are a resident of Northern Ireland you may also bring claims in Northern Ireland, and if you are a resident of Scotland, you may also bring claims in Scotland.
    8. If you are a business, these Terms and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
    9. If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).
    10. In addition, consumer disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform at http://ec.europa.eu/consumers/odr/.