TERMS AND CONDITIONS OF SALE 1.THESE TERMS 1.1 What these terms cover These are the terms and conditions on which I supply products to you, whether these are goods or services. 1.2 Why you should read them Please read these terms carefully before you submit your order to me. These terms tell you who I am, how I will provide products to you, how you and I may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or that they require any changes, please contact me to discuss. 2. INFORMATION ABOUT ME AND HOW TO CONTACT ME 2.1 Who I am I am Charlotte Mackenzie trading as Charlotte Brett Photography, a sole trader established in England and Wales. I am not currently registered for VAT. 2.2 How to contact me You can contact me by telephoning me at +447967002571 or by writing to me using the Contact form on this website or by email at charlottebrettphotography@gmail.com. 2.3 How I may contact you If I have to contact you I will do so by telephone or by writing to you at the email address or postal address you provided to me in your order. 2.4 "Writing" includes emails. When I use the words "writing" or "written" in these terms, this includes emails. 3. MY CONTRACT WITH YOU 3.1 How I will accept your order My acceptance of your order will take place when you receive confirmation of submitting an order on this website or other written confirmation from me, at which point a contract will come into existence between you and me. 3.2 If I cannot accept your order If I am unable to accept your order, I will inform you of this in writing and will not charge you for the product. This might be because of unexpected limits on my resources which I could not reasonably plan for, because I have identified an error in the price or description of the product or because I am unable to meet a delivery deadline you have specified to me in writing. 3.3 Your order number I will assign an order number to your order and tell you what it is when we accept your order. It will help me if you can tell us the order number whenever you contact me about your order. 3.4 I only sell to the UK My website is solely for the promotion of my products in the UK. Unfortunately, I do not currently accept orders from or deliver to addresses outside the UK. 4. MY PRODUCTS 4.1 Products may vary slightly from their pictures on this website The images of the products on my website are for illustrative purposes only. Although I will make every effort, I cannot guarantee that a device's display of the colours accurately reflects the colour of the products when images are printed on photographic paper. Your product may vary slightly from those images in size, dimensions and measurements depending on any crop of the image that may need to be applied to fit the specified proportions you require. 4.2 Making sure your measurements are accurate If I am making the product to measurements you have given me (i.e. a bespoke product) you are responsible for ensuring that these measurements are correct. 5. YOUR RIGHTS TO MAKE CHANGES If you wish to make a change to the product you have ordered please contact me as soon as possible. As all products are made individually on receiving an order, I will let you know if the change is possible. If it is possible I will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If I cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see Clause 8 - Your rights to end the contract). If the product has already been dispatched to you, you will no longer be able to end the contract, but may return the product to me in accordance with these terms. 6. MY RIGHTS TO MAKE CHANGES 6.1 Minor changes to the products. I may change the product if the requested sizes and dimensions are no longer available from my suppliers. 7. PROVIDING THE PRODUCTS 7.1 Delivery costs The additional costs of delivery will be as displayed to you on my website at the point of submitting your order. 7.2 When I will provide the product(s) If the product(s) are goods I will deliver them to you as soon as reasonably possible and in any event within 10 working days after the day on which I accept your order subject to clause 7.3. This is because every individual product is printed and made to order, involving third party suppliers. There may in some limited instances be times when I am unable to fulfil this timescale due to personal circumstances and where this applies I will let you know at the earliest convenience and advise on an expected revised timescale. If this is not acceptable to you, you may end the contract in accordance with these terms and see clause 8.2. 7.3 I am not responsible for delays outside my control If my supply of the product(s) is delayed by an event outside my control then I will contact you as soon as possible to let you know and I will take steps to minimise the effect of the delay, which may include using alternative third party suppliers as long as the product(s) is not materially different from the product ordered. Provided I do this I will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact me to end the contract and receive a refund for any product(s) you have paid for but not received. 7.4 If you are not at home when the product is delivered All products are shipped using Royal Mail or courier. If no one is available at your address to take delivery and the product(s) cannot be posted through your letterbox, Royal Mail or the courier will leave you a note informing you of how to rearrange delivery or collect the product(s) from a local depot. 7.5 If you do not re-arrange delivery If after a failed delivery to you, you do not re-arrange delivery or collect the product(s) from a delivery depot as indicated by Royal Mail or the courier I will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite my reasonable efforts, I are unable to contact you or re-arrange delivery or collection I may end the contract and Clause 10.2 will apply. 7.6 When you become responsible for the goods A product will be your responsibility from the time the product is delivered to the address you gave me. 7.7 When you own goods You own a product once we have received payment in full. 7.8 What will happen if you do not give required information to me I may need certain information from you so that I can supply the product(s) to you, for example, your name, postal address and telephone number. If so, this will have been requested at the time of submitting an order on my website. If any of these are not supplied to me at the point of submitting an order, I will contact you in writing to ask for this information. If you do not give me this information within a reasonable time of me asking for it, or if you give me incomplete or incorrect information, I may either end the contract (and Clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate me for any extra work that is required as a result. I will not be responsible for supplying the product(s) late or not supplying any part of them if this is caused by you not giving me the information I need within a reasonable time of me asking for it. 7.9 I may also suspend supply of the product(s) if you do not pay. If you do not pay me for the product(s) when you are supposed to (see Clause 12.4) and you still do not make payment within 7 days of me reminding you that payment is due, I may suspend supply of the product(s) until you have paid me the outstanding amounts. I will contact you to tell you I am suspending supply of the product(s). I will not suspend the product(s) where you dispute the unpaid invoice (see Clause 12.6). I will not charge you for the product(s) during the period for which they are suspended. As well as suspending the product(s) I can also charge you interest on your overdue payments (see Clause 12.5). 8. YOUR RIGHTS TO END THE CONTRACT 8.1 You can end your contract with me. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it and when you decide to end the contract: (a) if what you have bought is faulty or misdescribed or you are not completely satisfied with the print production of the product, you may have a legal right to end the contract (or to get the product replaced or to get some or all of your money back), see Clause 11; (b) if you wish to end the contract because of something I have done or am going to do, see clause 8.2; (c) if you have just changed your mind about the product(s) see Clause 8.3; you may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any product(s); (d) in all other cases (if we are not at fault and there is no right to change your mind), see [Clause 8.7 OR Clause 8.8]. 8.2 Ending the contract because of something I have done or am going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and I will refund you in full for any product(s) which have not been provided and you may also be entitled to compensation. The reasons are: (a) I have told you about an upcoming change to the product(s) or these terms which you do not agree to (see Clause 6.2); (b) I have told you about an error in the price or description of the product(s) you have ordered and you do not wish to proceed; (c) there is a risk that supply of the product(s) may be significantly delayed because of events outside my control; (d) you have a legal right to end the contract because of something I have done wrong; or (e) I have told you a revised expected delivery timescale that you do not approve. 8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013) For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms. 8.4 How long do I have to change my mind? You have 14 days after the day you (or someone you nominate) receives the product(s), unless your product(s) are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receive the last delivery to change your mind about the product(s). 9. HOW TO END THE CONTRACT WITH ME (INCLUDING IF YOU HAVE CHANGED YOUR MIND) 9.1 Tell me you want to end the contract To end the contract with me in accordance with your rights as set out in these terms, please let me know by either telephoning me on +447967002571 or emailing me at charlottebrettphotography@gmail.com. Please provide your name, home address, details of the order and, where available, your phone number and email address. 9.2 Returning product(s) after ending the contract If you end the contract for any reason after the product(s) have been dispatched to you or you have received them, you must return them to me. You must post them back to me at my address which I will provide to you when you end the contract. If you are exercising your right to change your mind you must send off the product(s) within 14 days of telling me you wish to end the contract. 9.3 When I will pay the costs of return. I will pay the costs of return: (a) if the product(s) is faulty or misdescribed or you are otherwise unhappy with the printing quality; or (b) if you are ending the contract because I have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside my control or because you have a legal right to do so as a result of something I have done wrong, and subject to you confirming and providing evidence of the costs of return. In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return. 9.4 How I will refund you. On receiving product(s) returned to me, I will refund you the price you paid for the product(s) including delivery costs, by the method you used for payment. However, I may make deductions from the price, as described below. 9.5 Deductions from refunds if you are exercising your right to change your mind If you are exercising your right to change your mind: (a) I may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the product(s), if this has been caused by your handling it in a way which would not be permitted in a shop for the nature of a fine art Giclee print. If I refund you the price paid before I am able to inspect the product(s) and later discover you have handled them in an unacceptable way, you must pay me an appropriate amount; and (b) the maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method I offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option. 9.6 When your refund will be made I will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then: (a) your refund will be made within 14 days from the day on which I receive the product(s) back from you. For information about how to return a product to us, see clause 9.2; and (b) in all other cases, your refund will be made within 14 days of your telling us you have changed your mind. 10. MY RIGHTS TO END THE CONTRACT 10.1 I may end the contract if you break it. I may end the contract for a product at any time by writing to you if: (a) you do not make any payment to me when it is due and you still do not make payment within 7 days of me reminding you that payment is due; (b) you do not, within a reasonable time of me asking for it, provide me with information that is necessary for me to provide the product; or (c) you do not, within a reasonable time, allow us to deliver the products to you. 10.2 You must compensate me if you break the contract. If I end the contract in the situations set out in Clause 10.1 I will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract. 11. IF THERE IS A PROBLEM WITH THE PRODUCT 11.1 How to tell me about problems. If you have any questions or complaints about the product, please contact me by telephoning +447967002571 or emailing charlottebrettphotography@gmail.com. 11.2 Summary of your legal rights. I am under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights. Summary of your key legal rights This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. If your product is goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following: a) Up to 30 days: if your goods are faulty, then you can get an immediate refund. b) Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases. c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back. See also Clause 8.3. 11.3 Your obligation to return rejected products If you wish to exercise your legal rights to reject products you must post them back to me. We will pay the costs of postage in circumstances stated in these terms. 12. PRICE AND PAYMENT 12.1 Where to find the price for the product The price of the product will be the price indicated on the order pages when you placed your order. I use my best efforts to ensure that the price of the product advised to you is correct. However please see Clause 12.3 for what happens if I discover an error in the price of the product you order. 12.2 VAT (Value Added Tax) I am not currently registered for VAT. 12.3 What happens if I got the price wrong. It is always possible that, despite my best efforts, some of the products I sell may be incorrectly priced. I will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, I will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, I will contact you for your instructions before I accept your order. If I accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, I may end the contract, refund you any sums you have paid and require the return of any goods provided to you. 12.4 When you must pay and how you must pay I accept payment via PayPal, which does not require a PayPal account. All products must be paid for in full before I will dispatch them. 12.5 What to do if you think an invoice is wrong If you think an invoice is wrong please contact me promptly to let me know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date. 13. MY RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU 13.1 I am responsible to you for foreseeable loss and damage caused by me. If I fail to comply with these terms, I am responsible for loss or damage you suffer that is a foreseeable result of me breaking this contract or me failing to use reasonable care and skill, but I am not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both you and I knew it might happen, for example, if you discussed it with me during the sales process. 13.2 I do not exclude or limit in any way my liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by my negligence or agents; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the product(s) including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care; and for defective products under the Consumer Protection Act 1987. 13.3 I am not liable for business losses I only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. 14. HOW WE MAY USE YOUR PERSONAL INFORMATION 14.1 How I may use your personal information I will only use your personal information as set out in my privacy policy displayed on this website. 15.OTHER IMPORTANT TERMS 15.1 I may transfer this agreement to someone else I may transfer my rights and obligations under these terms to another person or organisation. I will always tell you in writing if this happens and I will ensure that the transfer will not affect your rights under the contract. If you are unhappy with the transfer you may contact me to end the contract within 3 days of me telling you about it and we will refund you any payments you have made in advance for products not provided. 15.2 You need my consent to transfer your rights to someone else You may only transfer your rights or your obligations under these terms to another person if I agree to this in writing. 15.3 Nobody else has any rights under this contract This contract is between you and me. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms. 15.4 If a court finds part of this contract illegal, the rest will continue in force Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect. 15.5 Even if I delay in enforcing this contract, I can still enforce it later. If I do not insist immediately that you do anything you are required to do under these terms, or if I delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent me taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date. 15.6 Which laws apply to this contract and where you may bring legal proceedings These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.