Terms and conditions of use

OVERVIEW

Any agreement between you and Edyta K Photography is made on these Terms and Conditions to the exclusion of all other terms and conditions.

1. DEFINITIONS

1.1 In this Agreement, we are Edyta K Photography.

1.2 You are the person detailed on the Register Form on the Website, In this agreement, You are Client (purchasing Services) and/or Customer (purchasing Goods).

1.3 Goods means the items specified on the Order Form or clause 7, returns and exchanges

1.4 Services means the services offered by Edyta K Photography specified on the Order Form.

1.5 Order means your offer to purchase Goods and/ or Services from Edyta K Photography.

1.6 Order Form means the form completed by you online when you Order the Goods and /or Services (referred to on the Website as "Shopping Cart").

1.7 Website means https://shop.edytakphotography.com and www.edytakphotography.com.

1.8 In the following agreement The Photographer means Edyta Krzesak trading as Edyta K Photography

1.9 The copyright Designs and Patents Acts assign the copyright of the images to the photographer

2. PLACING AN ORDER

2.1 Browse the Website and select your chosen Goods and /or Services.

2.2 Complete the Order Form in full and follow the instructions detailed on the Website.

2.3 After completing and submitting the Order Form, you will receive an e-mail confirming your Order, with an order number on it. No agreement exists between you and Edyta K Photography until you receive this e-mail. At any stage, before submitting the Order, you may click back through the screens and amend any details you have input and /or choose not to continue with the Order.

2.4 When ordering Services the Client needs to follow 3 step ordering (booking):

  • contact via e-mail or contact form with availability query;
  • reserving Photographer for the agreed date by purchasing Reservation Fee (see 14.3)
  • purchasing Services (see 14.4);

Purchasing Services Package and/ or Reservation without previous written agreement with the Photographer regarding availability for the event is making the whole purchase invalid. In that case, the Order will be cancelled and funds (without admin fee) refunded. The £25 admin fee will apply. An exchange of e-mails between Photographer and Client with agreed details including specified date, place and time is understood as a written agreement.

PURCHASING GOODS

3. PRICE

3.1 The price of the Goods shall be the price, in Pounds Sterling /Euros /Polish Zlotych, quoted by Edyta K Photography on the Website next to the illustration /description of the Goods. In the event of a discrepancy, the price displayed on the Order Form shall prevail.

3.2 The price of Goods is exclusive of any postage and packaging costs. Delivery charges shall be as set out in the Website and will vary depending on whether the Goods are to be sent to an address within the UK, outside of the UK but within the EU or outside of the EU.

3.3 Edyta K Photography reserves the right to increase prices of any item displayed for sale on the Website and /or delivery charges from time to time. However, where the price of Goods and /or delivery charges changes between Order and delivery, Edyta K Photography will honour the lower price and /or charge.

3.4 Edyta K Photography is not registered for VAT; hence all prices are exclusive of any VAT payable in the United Kingdom.

4. DIGITAL GOODS

 4.1 It is not allowed to alter and /or remove the Photographer’s copyrights visible in metadata from purchased products.

 4.2 All digital files purchased on the website are offered as Royalty Free Licence. 

 4.3 In case of purchasing digital goods along with physical Goods, the customer will receive 2 sets of notification e-mails and 2 sets of invoices. One for physical Goods and another for digital Goods. Also, two different payment confirmations will be generated.

5. PAYMENT

5.1 The amount payable by you shall be the total price of the Goods and the applicable delivery charges as set out at clause 3.2. The total amount payable by you in respect of the Goods and delivery of them will be shown to you before you submit the Order. The acknowledgement of Order e-mail set out at clause 2.3 will display your order number.

5.2 Payment can be made by Mastercard, Visa, Maestro, Solo, Visa Electron, and other major cards via PayPal. UK based clients can also pay using bank transfer. Payment will be processed on the first working day after receipt of your acknowledgement of order e-mail, as described in 2.3

6. AVAILABILITY AND DELIVERY

Where an Order is accepted, it will be processed, and clauses 6.1, 6.2 and 6.3 shall apply;

6.1 If the Goods are in stock, they will be dispatched and delivered to the address provided in the Order Form. The following delivery times shall apply in respect of any Order for Goods that are accepted by Edyta K Photography:

Delivery within UK 5 working days from date of e-mail described in clause 2.3

Delivery outside of the UK but within Europe 10 working days from date of e-mail described in clause 2.3

Delivery outside of Europe 15 working days from date of e-mail described in clause 2.3

Digital downloads are available after the payment is cleared.

Edyta K Photography cannot be held responsible if the delivery address provided by you is incorrect.

6.2 Edyta K Photography will use reasonable endeavours to ensure that delivery takes place within the time specified in clause 6.1 and that the items displayed on the Website are in stock. However, you acknowledge that the time for delivery specified in clause 6.1 is an estimate.

6.3 If you are not buying a ready-made product, for example, a Calendar or digital download, Edyta K Photography will produce your Goods using a trusted lab. In this case, the estimated time of delivery will be extended by the time required to produce your Order

7. NON-DELIVERY

7.1 If the Goods have not been delivered to you 5 days after the latest date for delivery to your address as set out in clause 6.1 or 6.3, you should contact Edyta K Photography at photo@edytakphotography.com. You will then be given the option of;

7.1.1 cancelling your Order. We will then refund the price you paid under the Refunds and Exchange Policy; or

7.1.2 choosing alternative items displayed on the Website up to the same value of the Goods or accepting a voucher for future Goods purchase.

7.2 Edyta K Photography shall not be liable for any non-delivery of Goods (even if caused by Edyta K Photography negligence) unless notice is given to Edyta K Photography within 10 working days starting from the day after the last date for delivery had delivery taken place following the timetable set out at clause 6.1 or 6.3. Such notice should be to the postal or e-mail addresses set out at clause 21.10.

7.3 Any liability of Edyta K Photography for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or issuing a refund under the Refund and Exchange Policy.

7.4 If for any reason (other than exercising your rights set out in the Refund and Exchange Policy to return the Goods) you will not accept delivery of the Goods or Edyta K Photography is unable to deliver the Goods on time because you have not provided appropriate instructions, including but not limited to input the correct delivery address on the Register Edyta K Photography may store the Goods until delivery at which point you will be liable for all related costs and expenses.

7.5 Where Goods cannot be delivered because of the circumstances detailed in 7.4 Edyta K Photography reserves the right to make an additional delivery charge at the applicable rate set out in clause 3.2.

8. RETURNS AND EXCHANGES OF GOODS

Please refer to the Refunds and Exchange Policy below.

9. RISK AND PROPERTY

9.1 Risk of damage to or loss of the Goods shall pass to you upon delivery of the Goods.

9.2 Ownership of the Goods shall not pass to you until Edyta K Photography has received in full (in cleared funds) all sums due to it in respect of the Goods and all other sums which are or which become due to Edyta K Photography from you on any Order.

9.3 If you intend to return or exchange the Goods under the Refunds and Exchange Policy, you must keep good care of the Goods pending their return to Edyta K Photography.

10. LIMITATION OF LIABILITY

10.1 Edyta K Photography warrants that it is has the title to sell the items that are displayed on the Website. All other warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from any agreement between Edyta K Photography and you.

9.2 Nothing in these Terms and Conditions excludes or limits the liability of Edyta K Photography for fraudulent misrepresentation or death or personal injury caused by the negligence of Edyta K Photography or its employees.

11. REFUND & EXCHANGE POLICY

Edyta K Photography offers you a 100% guarantee that if for any reason you are unhappy with the Edyta K Photography will:

  • exchange the Goods for an alternative print of your choice to equal value; or
  • give you a full refund for the price you paid for the Goods; or
  • give you a voucher for future Goods purchase at the value of originally purchased Goods or higher

As long as:

  • you notify us of your intention to return the Goods to Edyta K Photography ("Notification") within 7 working days of receipt by submitting Return Request via Website (In “My Account”, “My Merchandise Returns”), and
  • the Goods are returned to Edyta K Photography within 30 days from the date of Notification and the Goods are in their original condition, in their original packaging (where possible) and the receipt and Return Slip is enclosed.
  • the products being returned were not made on special demand. These products are included but not limited to wedding albums; any custom made albums or photo books, limited edition glass /metal prints and Custom Framed products.
  • the digital downloads are exempt from refunds or exchange unless the downloaded file is corrupted, in which case another copy will be made available for download of the same file
  • If you decide that you no longer wish to receive the Goods before they reach you, you should contact Edyta K Photography by e-mail at photo@edytakphotography.com with your instruction to cancel. If we have already shipped the Goods, you will need to return the Goods to us in accordance with the procedure set out above.

Where you return Goods to us, and you request a refund, we will:

  • issue a refund as soon as possible, and in any event within 30 days after we receive your notification and purchased Goods.

Where you return Goods to us, and you request alternative Goods, we will:

  • send you the alternative Goods within the time periods set out at clause 6.1 of the Terms and Conditions. Please note that clauses 6.2 and 6.3 will also apply to alternative Goods; or
  • if the alternative Goods are not available, we will advise you within 3 working days and offer you the choice of alternative Goods to the same value or a refund. If you choose for the price to be refunded, the refund will be issued as soon as possible, and in any event within 30 days after we receive your notification.

Where you choose to exchange Goods, and the alternative Goods are of a lower value, we will issue a refund of the difference between the amount of the original Goods and the alternative Goods as soon as possible, and in any event within 30 days after we receive your notification.

Where you choose to exchange Goods, and the alternative Goods are of a higher value, we will advise you of the additional amount to be paid, and if you choose to proceed with the Order for the alternative goods, we will ask you to pay the difference by sending you a payment request via PayPal. The difference could be paid using any credit or debit card or your PayPal account.

All refunds will be credited to the credit /debit card or PayPal account or via bank transfer the details of which you provided in the Order Form.

Where you are returning Goods because the Goods supplied were:

  • incorrect or
  • defective, faulty or damaged

Edyta K Photography will be happy to refund any delivery charges incurred by you in returning the goods.

Where Edyta K Photography supplies the Goods to you in good condition, and you wish to return them, you will be responsible for the costs of the return postage to us.

Returned Goods should be sent to the Returns Address set out as the business address listed in Return Slip

When returning Goods, please enclose a slip with your name, postal and e-mail addresses and phone number.

Edyta K Photography is always looking for ways to improve its service and so it would be useful if you also include a brief explanation of the reasons for returning the Goods.

 

PURCHASING SERVICES

 

12. PUBLICITY

12.1 The Client(s) allow(s) the Photographer to display any photograph covered by this contract and to generally promote the business in advertising, brochures, magazine articles, websites, sample albums etc. 

13. CREATIVE LICENCE, COVERAGE, AND PRODUCTION

13.1 Photographs taken during the event will be at the discretion of the Photographer although every effort will be made to comply with the client's requirements.

13.2 Special requests are not binding instruction, although every effort is made to adhere to the Client's wishes. The Photographer will do their best to honour the requested photographs but do not undertake to guarantee any specific picture nor incorporate any specific background, location or group arrangements due to changes in weather and the availability and willingness of the subjects.

13.3 For a booking involving a church ceremony or at specific venues, the Photographer's movements are sometimes restricted by the official in charge. The area from which the photographer can cover the ceremony may not be the Photographer's choice and the Photographer cannot accept responsibility for any obstructed view should this be the case.

13.4 Due to a variety of lighting conditions and the limitations of digital sensors, some colours may alter throughout a set of photographs.

13.5 Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, the photographer will not be responsible for photographs that are not produced due to technical failure.

14. PRICE & PAYMENT

 14.1 The price of the Services shall be the price, in Pounds Sterling /Euros /Polish Zlotych, quoted by Edyta K Photography on the Website next to the illustration /description of the Services. In the event of a discrepancy, the price displayed on the Order Form shall prevail.

 14.2 The total price for Services consists of a  Reservation Fee and chosen Services Order. Purchasing only Services without Reservation invalidates the Order. If that happens the Photographer will contact the Client via e-mail and/or provided phone and ask for the Reservation to be paid in 3 days' time. If after that time the Reservation is still outstanding the order for Services would be cancelled and funds returned to the Client minus admin fee of £25.

14.3 A non-refundable booking fee (“Reservation”) of £50.00 (£15 for portrait sessions) will confirm your booking, as well as full acceptance of the terms and conditions as published on the photographer's website. The Reservation is separate from the order and has to be purchased up to 3 days after the date and venue have been agreed with the Photographer.

14.4 The Client has to make a final choice of Services by creating and completing an Order on the website the latest two weeks before the agreed wedding day, or a week before for any other event.

14.5 If the final order hasn’t be created and paid in full as stated in 14.4, the Photographer will make 2 attempts to contact the client. One by phone and one by e-mail. In case of non-response, after 24 hours since the contact attempt, the cancellation policy will follow as stated in 19.1

14.6 Edyta K Photography is not registered for VAT; hence all prices are exclusive of any VAT payable in the United Kingdom.

14.7 The amount payable by you shall be the total price of the Services and the will be shown to you before you submit the Order. The acknowledgement of Order e-mail set out at clause 2.3 will display your order number.

14.8 Payment can be made by Mastercard, Visa, Maestro, Solo, Visa Electron, and other cards supported via PayPal or using PayPal account.UK based clients can also pay using bank transfer. Payment will be processed on the first working day after receipt of your acknowledgement of order e-mail, as described in 2.3

 15. FORCE MAJEURE

15.1 In the very unlikely events of cancellation by the photographer or of total photographic failure, liability shall be limited to a full refund of any fees paid.

15.2 In the event the Photographer is unable to attend on the wedding/ event date due to any cause beyond their reasonable control e.g. sudden illness, injury, a victim of crime, flooding, traffic conditions, vehicle breakdown etc; the Photographer will endeavour to put the client(s) in touch with another photographer.

16. DIGITAL NEGATIVE FILES

16.1 All digital negatives remain the property of the photographer. All digital packages include a copy of the edited high-res digital files to the Client(s) for their own non-commercial use. The Photographer is not providing clients with unedited RAW files.

16.2 Should the digital negative files be lost, damaged or destroyed for the reasons beyond control, the Photographer’s liability shall be limited to a full refund of any deposits and fees paid, but shall not include a refund for any goods already received.

17. ON THE DAY

17.1 The photographer will be the sole professional (still) photographer at the venues specified.

17.2 The photographer will not take photos during the wedding breakfast and will use this time to take a break. A meal is not a requirement; however, one would be appreciated.

17.2 Depending on the chosen option (length of services) the photographer might stay to photograph beyond the first dance, until approximately 9 pm.

18. PERSONAL ACCIDENT

18.1 Any directions issued to Clients, their guests or employees during a photographic shoot are deemed to be at said persons own risk. The photographer cannot be held responsible for any personal accidents during a photographic shoot.

19. CANCELLATION FEES

19.1 If the Client(s) should have to cancel a booking the following cancellation fees will become due immediately upon said cancellation:

  • Cancellation from the booking date and more than two weeks to go until the wedding, one week before any other booked event, the Reservation fee of £50.00 (£15 for portrait sessions).
  • Cancellation with less than two weeks to go until the wedding date, a week for any other event, full price for the complete photographic coverage booked. If the order has been not completed through the Website an agreed coverage would be understood as a coverage agreed in e-mails between the Photographer and the Client. The Client(s) are hereby advised to take out an appropriate insurance policy to cover any expenses incurred in the event of cancellation.

20. DELIVERY

20.1 The Photographer will endeavour to deliver digital files as quickly as possible. However, this could take up to 4-6 weeks during busy periods.

20.2 The Goods ordered as part of the Order – prints, albums, USB sticks, canvas require additional time for production and delivery

20.3 Every booked service comes with an online gallery with a link to browse, share and download low-res files. The gallery will be available online for a minimum of 90 days.

 

SUMMARY

 

21. GENERAL

21.1 You should read the Terms & Conditions and Privacy Policy before browsing or making an Order through the Website.

21.2 If for any reason a court finds any provision of these Terms and Conditions to be invalid or unenforceable, then these Terms and Conditions shall continue in force except for those parts of the invalid or unenforceable provision that have to be deleted to enable the remaining parts, and the other provisions, to be valid and enforceable.

21.3 Failure or delay by Edyta K Photography in enforcing or partially enforcing any provision of these Terms and Conditions will not be construed as a waiver of any of its rights under them.

21.4 Any waiver by Edyta K Photography of, or any default under, any provision of these Terms and Conditions by you will not be deemed a waiver of any subsequent breach or default and will in no way affect the other terms of these Terms and Conditions.

21.5 Edyta K Photography reserves the right to defer the date of performance or cancel any agreement under these Terms and Conditions without liability to you if it is prevented from or delayed in the carrying on of its business due to circumstances beyond Edyta K Photography reasonable control provided that if the event in question continues for a continuous period in excess of 30 days, you shall be entitled to give written notice to Edyta K Photography to cancel such agreement and obtain a refund of any sums paid.

21.6 Any notice required to be given to Edyta K Photography shall be in writing and sent by post to Edyta K Photography, at the business address listed in your invoice or by e-mail to photo@edytakphotography.com unless otherwise notified. Any notice required to be given to you by Edyta K Photography shall be in writing and sent by post or e-mail to the addresses that you provided when ordering the Goods or Services unless otherwise notified

21.7 You agree with Edyta K Photography that any agreement made under these Terms and Conditions is exclusively between you and Edyta K Photography and it is not intended to be enforceable by any other person who is not a party to it.

21.8 These Terms and Conditions shall be governed by English law. You submit, and Edyta K Photography submits to the non-exclusive jurisdiction of the English Courts.

21.9 Any agreement between you and Edyta K Photography is made under these Terms and Conditions, and includes, the descriptions of the Goods as provided by us on our Website, the Order Form, the Refund and Exchange Policy and the Privacy Policy. Together these constitute the entire agreement and understanding of you and Edyta K Photography and supersede any previous agreement between the parties relating to the subject matter of such agreement. Nothing in this clause shall operate to limit or exclude any liability for fraudulent misrepresentation.

21.10 You may contact us by post at Edyta K Photography, at the business address listed in your invoice or by e-mail at photo@edytakphotography.com

21.11 You acknowledge that Edyta K Photography may change these Terms and Conditions from time to time.