Terms & Conditions
1 About us
This web site is brought to you by Mason Photography. If you have any comments or questions about this web site or any aspect of our services please contact us.
3.1 By placing an order on this web site you are making an offer which, if accepted by us, will constitute a binding agreement between us.
3.2 You are responsible for ensuring the accuracy of the terms of any order you submit.
3.3 No order shall be deemed to be accepted by us unless and until it is confirmed by email or in writing by us and payment has been taken from your payment card. We reserve the right to reject any order.
4 Product availability and descriptions
4.1 We take care to ensure that all product information and pricing featured on this web site is accurate and up-to-date. However, we are unable to guarantee the prices or description of the Goods and reserve the right to make alterations without prior notice. The representation of colours on your browser may vary from the actual colours.
4.2 All Goods are subject to availability. In the event that your ordered goods are not available we will:
(a) notify you and no payment will be taken; or
(b) if we have already taken payment from your card, notify you and credit your card with the sum that we have taken.
Any typographical, clerical or other error or omission on any page of this web site shall be subject to correction without any liability on our part.
6.1 The price of the Goods will be the price set out on the relevant page of this web site together with delivery charges as set out in paragraph 8 below.
6.2 We reserve the right to change the prices at any time. However, if we accept an order from you, the price for the Goods will be the price set out on the relevant page at the time the order for them is placed.
6.3 Prices for Goods on this web site are shown in pounds sterling (GBP) and are inclusive of UK VAT. However you will be liable for any import duties and local sales taxes that may be levied in the country of delivery. A VAT receipt is available upon request.
6.4 Transactions authorised via the PayPal server will appear on your credit card statement as “PAYPAL*MASONPHO”. Transactions will be effected in pounds sterling (GBP) and, where applicable, converted to your home currency at the rate prevailing on the date of the transaction.
7 Payment method
7.1 Upon providing PayPal with details of your chosen payment card and submitting an order, you confirm that you are authorised to use the payment card to pay for Goods on the order and authorise us to deduct from the payment card the full price of the Goods and all other payments due such as delivery charges.
7.2 Where Goods are returned to us in accordance with these terms and conditions, we will credit the payment card with the appropriate amount.
8.1 The Goods will be delivered to the address shown for delivery on your online order form. Items ordered together might not be dispatched at the same time.
8.2 All orders will be dispatched within timescale detailed on each individual product page of the website. We will contact you by email when items are ready for dispatch.
8.3 Whilst every effort is made to deliver the Goods in accordance with the timescales set out, we do not accept any liability for late delivery of the Goods.
8.4 We reserve the right to levy an additional charge on deliveries to addresses outside of the UK. Local import duties may also be payable upon receipt. We reserve the right not to deliver overseas if we believe the address is not secure, for example PO Box addresses and certain countries.
8.5 Title to and risk in the Goods shall pass to you on delivery.
9 Cancellation and returns
9.1 For Guest Books, Vouchers, Album Pages : You may cancel your order without having to give a reason for up to 7 days after the date upon which you ordered the Goods. Goods that you do not wish to keep must be returned to us within 14 days of receipt in the condition in which they were received, together with a covering letter (detailing your order number, date of order, the delivery address and your contact details) and the original delivery note to enable us to process your request promptly. Once we have received the Goods, we will credit the payment card that you used for payment or, if you prefer, replace the Goods with alternative goods.
9.2 For all other Goods : Up until the point of order processing we may (at our sole discretion) refund to you the price of the Goods but we will have no further liability to you. You are not entitled to cancel orders for Bespoke Goods once we have processed the order. We will not be responsible for returned Goods that are lost or damaged in transit. Proof of postage will not be accepted/deemed as proof of receipt/delivery. You should take reasonable care to ensure that the Goods returned to us are not damaged in transit and if appropriate arrange suitable insurance.
9.3 Please note that in the case of:
Non-defective Goods, you will be responsible in full for the cost of safe delivery back to us;
Defective Goods (excluding wear and tear or wilful damage or negligence of anyone other than us), the reasonable costs of safe delivery back to us will be refunded to you in full.
9.4 THE RIGHT TO CANCEL YOUR ORDER DOES NOT APPLY IN RESPECT OF ANY SOFTWARE, AUDIO OR VIDEO RECORDINGS WHICH HAVE BEEN OPENED AFTER RECEIPT.
10.1 You should notify us of any claim by you which is based on any damage to the Goods at the time of delivery or their failure to correspond with the description within 7 days from the date of delivery (by one of the methods set out in paragraph 1 above). If you do not notify us within the required timescales it may be harder for you to prove that the damage occurred before delivery.
10.2. If any Goods are defective and you notify us of the defect within 12 months of the date of delivery of the Goods, we will (at our discretion) either replace them or refund you in full the price of the defective Goods. This quality guarantee does not apply where the defect is due to fair wear and tear, wilful damage by or negligence of anyone other than us.
10.3 In the event that a valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods as stated in condition 10.2 and is notified to us in accordance with these Terms and Conditions, we (at our sole discretion) shall either replace the Goods free of charge or refund to you the price of the Goods but we will have no further liability to you.
10.4 Subject to condition 10.5, we shall not be liable for any loss or damage (in contract, negligence or otherwise) where:
(a) there is no breach of a legal duty of care owed to you by us; or
(b) the loss or damage is not a reasonably foreseeable result of any such breach; or
(c) the loss or damage is an indirect result of any such breach; or
(d) any increase in loss or damage results from a breach by you of these Terms and Conditions.
10.5 Nothing in these Terms and Conditions excludes or limits our liability for fraudulent misrepresentation or for death or personal injury caused by our negligence. These Terms and Conditions do not exclude or restrict the liability of us towards you as a consumer within the Unfair Terms in Consumer Contracts Regulations 1999, the Unfair Contract Terms Act 1977 or the Consumer Protection (Distance Selling) Regulations 2000.
10.6 Your statutory rights are not affected by these Terms and Conditions.
10.7 We shall have the right to suspend or cancel our obligations (without liability to you) in whole or in part if we are delayed or prevented from carrying on our business or any of our obligations under these Terms and Conditions due to any circumstance beyond our reasonable control.
10.8 Any intellectual property rights created by us in the course of performance of our obligations under these Terms and Conditions shall remain our property. Nothing in these Terms and Conditions shall be deemed to have given you a licence or any other rights to use the intellectual property rights owned by or licensed to us.
10.9 No third party shall have the benefit of or the right to enforce these Terms and Conditions under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
10.10 The Goods are sold for personal use only and not for resale.
10.11 These Terms and Conditions set out the entire agreement and understanding between you and Mason Photography in connection with the sale of the Goods and shall supersede and replace all previous written or oral proposals, arrangements, understandings and agreements between us in relation to the matters dealt with in these Terms and Conditions. You acknowledge and represent that you have not entered into this agreement in reliance on and waives all rights and remedies which, but for this Condition 10.11, might otherwise be available to you in respect of any representation, warranty, undertaking or other statement, expressed or implied, oral or in writing, given or made by or on behalf of Mason Photography except in so far as contained in these Terms and Conditions.
11 Data Protection & GDPR
If you place an order with Mason Photography, we will record your personal details. Your data will be used principally to provide you with the goods and/or services you have purchased. We retain the data you provide from time to time, including data we collect when you place an order or use our products and services. Your data may be used for the following purposes: accounting, billing and audit, credit or other payment card verification, security, administrative and legal purposes.
We reserve the right to change these Terms and Conditions at any time. The new version will be posted on the web site and will take effect and govern new orders immediately upon posting. If you place a new order after the new Terms and Conditions have come into effect this will indicate your agreement to be bound by the new Terms and Conditions.
13 Governing law
These terms and conditions shall be subject to English law and the parties hereby submit to the exclusive jurisdiction of the English courts.
Terms & Conditions of Usage
Mason Photography Website User Agreement
This Website is owned by Mason Photography. For the purposes of these Terms and Conditions “We”, “Our” and “Us” refers to Mason Photography. Please review these Terms and Conditions carefully before using this Website. Your use of this Website indicates your agreement to be bound by these Terms and Conditions.
All trade marks, copyright, database rights and other intellectual property rights in the materials on this Website (as well as the organisation and layout of this Website) together with the underlying software code are owned either directly by Us or by Our licensors. Without Our prior written permission, you may not copy, modify, alter, publish, broadcast, distribute, sell or transfer any material on this Website or the underlying software code whether in whole or in part.
You may only use this Website in accordance with these Terms and Conditions and, in any event, for lawful and proper purposes which includes complying with all applicable laws, regulations and codes of practice within the UK or other jurisdiction from which you are accessing this Website.
In particular, you agree that you will not:
– post, transmit or disseminate any information on or via this Website which is or may be harmful, obscene, defamatory or otherwise illegal;
– use this Website in a manner which causes or may cause an infringement of the rights of any other; make any unauthorised, false or fraudulent purchase;
– use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of this Website including but not limited to uploading or making available files containing corrupt data or viruses via whatever means;
– deface, alter or interfere with the front end ‘look and feel’ of this Website or the underlying software code;
– take any action that imposes an unreasonable or disproportionately large load on this Website or related infrastructure;
– obtain or attempt to obtain unauthorised access, via whatever means, to Our network.
Without prejudice to any of Our other rights (whether at law or otherwise) We reserve the right to:
cancel your orders without reference to you; and/or deny you access to this Website where We believe (in Our absolute discretion) that you are in breach of any of these Terms and Conditions.
Changes to this Website
We may make improvements or changes to the information, services, products and other materials on this Website, or terminate this Website, at any time without notice. We may also modify these Terms and Conditions at any time, and such modification shall be effective immediately upon posting of the modified Terms and Conditions on this Website. Accordingly, your continued access or use of this Website is deemed to be your acceptance of the modified Terms and Conditions.
Links to Other Websites
This Website may include links to other internet sites. We do not endorse any such websites and We are not responsible for the information, material, products or services contained on or accessible through those websites. Your access and use of such websites remains solely at your own risk.
You may only link to this Website with Our express permission. We expressly reserve the right to withdraw Our consent at any time to a link which in Our sole opinion is inappropriate or controversial.
Limitation of Liability
WE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE (IN CONTRACT, NEGLIGENCE OR OTHERWISE) ARISING OUT OF THE USE OF THIS WEBSITE OR ANY INFORMATION CONTAINED IN IT WHERE:
(a) THERE IS NO BREACH OF A LEGAL DUTY OF CARE OWED TO YOU BY US;
(b) THE LOSS OR DAMAGE IS NOT A REASONABLY FORSEEABLE RESULT OF ANY SUCH BREACH; OR
(c) THE LOSS OR DAMAGE IS NOT AN INDIRECT RESULT OF ANY SUCH BREACH; OR
(d) ANY INCREASE IN LOSS OR DAMAGE RESULTS FROM A BREACH BY YOU OF THESE TERMS AND CONDITIONS.
Nothing in these Terms and Conditions shall exclude or limit Our liability for death or personal injury caused by negligence or for fraudulent misrepresentation.
Disclaimer of Warranty
To the maximum extent permitted by law, We disclaim all implied warranties with regard to the information contained on this Website. All such information is provided “as is” and “as available” without warranty of any kind.
You agree to indemnify, defend and hold Us harmless from any liability, loss, claim and expense (including reasonable legal fees) related to your breach of these Terms and Conditions.
Terms and Conditions of Sale
These Terms and Conditions refer only to your use of this Website and separate terms and conditions apply to any purchases or orders that you make from this Website.
These Terms and Conditions contain all the terms of your agreement with Us relating to your use of this Website. No other written or oral statement (including statements in any brochure or promotional literature published by Us) will be incorporated.
Your use of this Website, any downloaded material from it and the operation of these Terms and Conditions shall be governed by, construed and interpreted in accordance with the laws of England and Wales and you agree to submit to the non-exclusive jurisdiction of the English Courts. We reserve the right to bring proceedings in the Courts of the country of your residence.