All things legal can be viewed within their various sections below:
This website and its content is copyright of Photography by Sandy - © 2010 - 2021 Photography by Sandy. All rights reserved. Any redistribution or reproduction of part or all of the contents in any form is strictly prohibited. You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Photography by Sandy’s relationship with you in relation to this website. The term ‘Photography by Sandy’ or ‘us’ or ‘we’ refers to the owner of the website. The term ‘you’ refers to the user or viewer of our website. The use of this website is subject to the following terms of use:The content of the pages of this website is for your general information and use only. It is subject to change without notice.
This privacy policy sets out how Photography by Sandy uses and protects any information that you give Photography by Sandy when you use this website. Photography by Sandy is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.
Photography by Sandy may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 12th February 2010.
What we collect We may collect the following information:
What we do with the information we gather We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
How we use cookies A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences. We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
Links to other websites Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
Controlling your personal information You may choose to restrict the collection or use of your personal information in the following ways:
We will not sell, distribute or lease your personal information to third parties unless we are required by law to do so. You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please complete the Contact form with your request clearly stated.
The information contained in this website is for general information purposes only. The information is provided by Photography by Sandy and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
Through this website you are able to link to other websites which are not under the control of Photography by Sandy. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them. Every effort is made to keep the website up and running smoothly. However, Photography by Sandy takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
1.DEFINITIONS
1.1 "the Client" means the named client, whether a direct client of the Photographer or an agency or an advertiser or otherwise, and the expression "the Client" shall where the context so admits include its respective assignees, sub-licensees and successors in title.
1.2 “the Quotation” means the written quotation provided to the client by the Photographer.
1.3 "the Commission" means the commission to take t he Photographs undertaken by the Photographer on behalf of the Client in considerati on of the fee, details of which Commission are summarised in the quotation, and specified in detail in the written brief (sent via electronic mail) given by the Client.
1.4 "the Fee" means the fee for the carrying out of the Commission by the Photographer and for the grant of the Licence to Use, as set out in the quotation.
1.5 "the Licence to Use" means the licence to use the Photographs granted by the Photographer to the Client following payment of the Fee for the purposes and the period set out in the quotation.
1.6 "the Photographer" means Sandy McLachlan.
1.7 "the Photographs" means all photographic material ptovided by the Photographer, whether prints or digital files.
2 COMMISSION The Client engages the Photographer to carry out the Commission for the Fee and in consideration of the payment of the Fee the Photographer agrees to grant to the Client a Licence to Use the Photographs, on the terms and co nditions set out herein.
3. COPYRIGHT The entire copyright of the Photographs is retained by the Photographer at all times throughout the world.
4. OWNERSHIP OF MATERIALS
4.1 Title to all Photographs remains the property of the Photographer.
4.2 When the Licence to Use the material has expired the Photographs must be returned to the Photographer in good condition within 30 days.
4.3 If the Client orders prints of the Photographs, the Photographer will supply them at his then current rate for a delivery to be agreed. The Photographer will however at all times retain possession of and title to all negatives and original digital files. Title in the prints will only pas s when the Client has paid all the sums due to the Ph otographer. The Client must not copy, digitise or reproduce the prints in any way nor suf fer or permit any third party to do so.
5. USE
5.1 The Photographer grants to the Client the Licence to Use the Photographs from the date of payment of the Fee in full and for the purposes set forth in the quotation. No use may be made of the Photographs before payment in full of the Fee without the Photographers prior written permission.
5.2 Any permission which may be given for prior use will automatically be revoked if full payment of the fee is not made by the due date or i f the Client (being a company) has any distress or execution levied against its goods or has a Receiver or an Administrative Receiver appointed over some or all of its property or assets or has a winding up petition presented against it (whether compulsory or voluntarily) or is otherwise unable to pay its debts as they fall due within the meaning of Section 123(1)(e) of the Insolvency Act 1986 or (If an individual partnership) has any distress or execution levied against its goods or has a petition presented against him or any of his partners in bankruptcy or otherwise (in the reasonable opinion of the Photographer) is unable to pay his debts as they fall due.
5.3 The Licence to Use the Photographs is only granted to the Client and its benefit shall not be assigned to any third party without the Photographers express prior written permission. Accordingly, even where any form of "all media" Licence to Use is granted, the Photographers express prior written permission must be obtained before any use of the Photographs for any other purpose, such use relating to another product or sub-licensing through a photo-library.
5.4 Permission to use the Photographs for purposes outside the terms of the licence may be granted in the Photographer's entire discretion upon payment of a further fee, which must be agreed between the parties before such further use.
6. EXCLUSIVITY
6.1 The Client will be authorised to publish the Photographs to the exclusion of all other persons including the Photographer. However, the Photographer retains the right in all cases to use the Photographs in any manner at any time and in any part of the world for the purposes of advertising or otherwise promoting his/her work.
6.2 After the exclusivity period indicated in the Licence to Use the Photographer shall be entitled to use the Photographs for any purposes.
7. CLIENT CONFIDENTIALITY
The photographer will keep confidential and will not disclose to any third parties or make use of material or information communicated to him/her in confidence for the purposes of the photography, save as may be reasonably necessary to enable the Photographer to carry out his/her obligations in relation to the commission.
8 DELIVERY
8.1 The Photographer shall deliver the Photographs (excluding original digital files) by the delivery date stated in the quotation.
8.2 Time for delivery shall not be of the essence of the contract.
8.3 The Photographer shall not in any circumstances be liable to the Client for any loss, whether direct or indirect, or for loss of profit, occasioned by late delivery or on any other grounds whatsoever.
9. INDEMNITY
The Photographer agrees to indemnify the Client against all expenses, damages, claims and legal costs arising out of any failure by the Photographer to obtain any clearances for which he/she was responsible in respect of third party copyright works, trade marks, designs or other intellectual property. The Photographer shall only be responsible for obtaining such clearances if this has been expressly agreed before the shoot. In all other cases the Client shall be responsible for obtaining such clearances and will indemnify the Photographer against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.
10. PAYMENT
10.1 Payment by the Client will be expected for the commissioned work within 14 days of the issue of the relevant invoice for existing Clients and within 7 days for new Clients.
10.2 If the invoice is not paid, in full on the due date then The Photographer reserves the right to charge interest at the rate prescribed by the Late Payment of Commercial Debt (Interest) Act 1998 from the date payment was due until the date payment is made.
11. EXPENSES
Where extra expenses or time are incurred by the Photographer as a result of alterations to the original brief by the Client, or otherwise at their request, shall give approval to and be liable to pay such extra expenses or fees at the Photographer's normal rate to the Photographer in addition to the expenses shown or as having been agreed or estimated.
12. REJECTION
12.1 Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition nor to reject the Photographs on the basis of any alleged discrepancy between the colours of the photographic image and the actual colours of the subject matter of the Photographs if any such discrepancy arises by virtue of technical deficiencies in the digital process.
12.2 All digital files supplied are for visual guidance only. It is the Clients responsibility to prepare and if necessary modify any digitally supplied Photographs to an acceptably suitable standard of colour accuracy and image quality, to which they will subsequently faithfully and accurately record when printed or used in any form of electronic presentation.
12.3 The Photographer shall not in any circumstances be liable to the Client for any loss, whether direct or indirect, or for loss of profit, occasioned by the failure of any digital Photographs supplied to reproduce acceptably.
13. CANCELLATION & POSTPONEMENT A booking is considered firm as from the date of confirmation and accordingly the Photographer will, at his/her discretion, charge a fee for cancellation or postponement.
14. RIGHT TO A CREDIT If the licenceto use is marked "Right to a Credit" then the Photographer's name will be printed on or in reasonable proximity to all published reproductions of the Photograph(s). The Photographer also asserts his/her statutory right to be identified in the circumstances set out in Sections 77-79 of the Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof.
15. FORCE MAJEURE The Photographer shall not be liable for any failure in the performance of any of his obligations caused by factors beyond his reasonable control.
16. WAIVER Neither the demand for nor the acceptance of paymen t made under these terms and conditions nor the failure by the Photographer to e nforce any of the terms and conditions at any time or for any period will release or exonerat e or in any way affect the liability of the Client or be a waiver of these terms and conditions .
17 NOTICES Any notice given under these terms and conditions shall be delivered to the address of the Client and shall be delivered by electronic mail. A notice shall be deemed to have been served at the time of electronic transmission.
18. APPLICABLE LAW This agreement shall be governed by the laws of Scotland.
19. VARIATION These Terms and Conditions shall not be varied except by agreement in writing.
1. Colour Accuracy
Extensive colour management and proofing is standard practice at Photography by Sandy to ensure colours are displayed as accurately as possible
though this can in no way guarantee that the colours you see on your screen or device exactly match the actual printed colours. Totally accurate colour matching to 100% fidelity is rarely possible but for optimal colour representation it is advised that photos and images are viewed on a good quality screen that has been colour calbrated.
2. Product Specifications
Clear Product descriptions and specifications can be viewed on the Products page of the PhotographybySandy website , they are also shown for selected products prior to purchase.
Occasionally, descriptions and specifications are reviewed and we reserve the right to amend these without prior notice.
3. Delivery Inspection and Damage
It is the customer(s) responsibility to inspect goods prior to signing for the delivery so please do not sign for the delivery if you have not inspected the order for damage. Should you refuse delivery of an order due to damage then please send an E-mail within 24 hours to: customercare@photographybysandy.com and supply details of your order and the damage. This will enable us to send a replacement to you as soon as possible.
4. Returns
Should you feel that you have a valid reason to return an order then in the first instance send an E-mail to:
customercare@photographybysandy.com with details of why you wish to return your order. Damaged items will be replaced free of charge though we do reserve the right to charge for re-posting.
We will not accept colour mis-representation
as a valid reason for return.
5. V.A.T.
As a small business with turnover less than the current V.A.T. threshold, Photography by Sandy is not V.A.T. registered and does not charge V.A.T.
To the best of our knowledge Photography by Sandy adheres to the following regulations:
* Sale of Goods Act 1979 ;
* Supply of Goods and Services Act 1982 ;
* The Consumer Protection (Distance Selling) Regulations 2000 ;