Terms and conditions of ecommerce sales of annejohnstonphotography.com
1.1 “Buyer” means the individual or organisation who buys or agrees to buy the Goods and/or Services from the Supplier;
1.2 “Consumer” shall have the meaning ascribed in The Consumer Protection (Distance Selling) Regulations 2000;
1.3 “Contract” means the contract between the Supplier and the Buyer for the sale and purchase of Goods and/or Services incorporating these Terms and Conditions;
1.4 “Goods” means the articles that the Buyer agrees to buy from the Supplier;
1.5 “Services” means the services that the Buyer agrees to buy from the Supplier;
1.6 “Supplier” means Anne Johnston Photography that owns and operates annejohnstonphotography.com;
1.7 “Terms and Conditions” means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Supplier;
1.8 “Website” means annejohnstonphotography.com
2.1 Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
2.2 These Terms and Conditions shall apply to all contracts for the sale of Goods and/or Services by the Supplier to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Supplier.
2.5 Any special conditions applying to the provision of the Services are set out in the Schedule to this agreement.
2.6 Any complaints should be addressed to the Supplier’s address stated in clause 1.6.
3.1 All orders for Goods and/or Services shall be deemed to be an offer by the Buyer to purchase Goods and/or Services pursuant to these Terms and Conditions and are subject to acceptance by the Supplier. The Supplier may choose not to accept an order for any reason.
3.2 Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 28 days.
3.3 Promotional and discount codes are to be used only once where applicable and may not be combined with any other offers. Should an offer code be used more than once, or is deemed by the Supplier to abuse the fair usage policy then the Supplier can withdraw, withhold or cancel the promotional code at any time.
3.4 UK orders are delivered by either Royal Mail or by courier. Delivery charges will be shown in the Buyer’s shopping cart prior to confirming the order.
4 Price and payment
4.1 The price of the Goods and/or Services shall be that stipulated on the Website. The shown price excludes delivery charges.
4.2 The total purchase price, including delivery charges, if any, will be displayed in the Buyer’s shopping cart prior to confirming the order.
4.3 Payment of the price plus delivery charges, if applicable, must be made at the point of ordering.
4.4 Where applicable, if any payment is not paid on time or any payment is rejected or refused, the amount owing will be treated as overdue and the Supplier will be entitled immediately to cease or suspend the provision of any Service or further deliveries of Goods until payment has been received.
5 Rights of Supplier
5.1 The Supplier reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Supplier shall make every effort to ensure prices are correct at the point at which the Buyer places an order.
5.2 The Supplier reserves the right to withdraw any Goods and/or Services from the Website at any time.
5.3 The Supplier reserves the right to withdraw or suspend any promotional or offer code at any time.
5.4 The Supplier shall not be liable to anyone for withdrawing any Goods and/or Services from the Website or for refusing to process an order.
6.1 Where a specific delivery date has been agreed, and where this delivery date cannot be met, the Buyer will be notified and given the opportunity to agree a new delivery date or receive a full refund.
6.2 The Supplier shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Supplier shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
6.3 Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
6.4 Risk in the Goods shall pass to the Buyer upon delivery of the Goods, or where the Buyer fails to take delivery at the agreed time, at the time delivery was attempted.
6.5 Title in the Goods shall not pass to the Buyer until payment of the price has been made in full.
7 Cancellation and return
7.1 The Buyer may cancel any order for Goods for any reason up to 24 hours before the point of dispatch and any payments made by the Buyer shall be refunded in full within 28 days. The Buyer may cancel any Contract for Services at any time before seven working days has passed from the day after the Contract was made and any payments made by the Buyer shall be refunded in full within 28 days. If, however, the Supplier starts to perform its side of the Contract with the agreement of the Buyer before the Buyer exercises this right to cancel, the right to cancel is lost.
7.2 Where a claim of defect or damage is made, the Buyer must inform the Supplier within 24 hours of receiving the Goods and Buyer must return the Goods to the Supplier within 7 days of the Buyer receiving the Goods. The Buyer shall be entitled to a replacement or a full refund (including delivery costs) plus any return postal charges if the Goods are in fact defective and/or need to be returned.
7.3 Goods to be returned must clearly show the order number obtained from the Supplier on the package.
8 Limitation of liability
8.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Supplier the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Goods and/or Services and the Supplier shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
8.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury resulting from the negligence of the Supplier or that of the Supplier’s agents or employees.
No waiver by the Supplier (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
10 Force majeure
The Supplier shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to, acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Supplier shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
12 Changes to terms and conditions
The Supplier shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
13 Governing law and jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the law of Scotland and the parties hereby submit to the exclusive jurisdiction of the Scottish courts.
Additional terms and conditions for Photography for Beginners and Lightroom for Beginners terms and conditions
Full payment for the tuition is required at the time of booking. If I wish to cancel my booking(s) I understand that I must notify Anne Johnston Photography by email at firstname.lastname@example.org If I need to re-schedule my booking(s) I must give Anne Johnston Photography at least 48 hours notice. I can re-schedule my booking once only. No refunds will be given.
I understand that during my tuition with Anne Johnston Photography I may visit a variety of outdoor and indoor locations. I understand that during the full duration of tuition, and when I am visiting, or travelling to or from these locations, I do so entirely at my own personal risk and take full responsibility for my actions.
I have read and understood Anne Johnston Photography’s advice below on Insurance and Trip Cancellation Insurance.
I acknowledge that the data that I provide when making my booking(s) will be held by Anne Johnston Photography.
I acknowledge that if I prefer Anne Johnston Photography not to use any images of me during the tuition, I must inform Anne Johnston Photography on the day of the tuition.
If, due to unforeseen circumstances, Anne Johnston Photography is forced to cancel your tuition, you will be offered the choice of a future date or a full refund.
Anne Johnston Photography will contact you by email where possible. If Anne Johnston Photography needs to contact you urgently, a phone number will be used where provided.
When you make a booking for tuition, you will have the opportunity to opt to receive Anne Johnston Photography’s photography tips, news and special offers by email. If you choose not to receive Anne Johnston Photography’s emails you will not receive any unsolicited mail from Anne Johnston Photography.
It is advisable that you have adequate insurance for your own photographic equipment. During your tuition your equipment may be subject to the elements or accidental damage. Anne Johnston Photography is not responsible for any damage incurred to your photographic equipment or belongings whilst participating in the tuition.
Trip Cancellation Insurance
If you are travelling to the area especially for tuition, it is recommended that you purchase trip cancellation insurance. Anne Johnston Photography is not able to vary from the stated refund policy regardless of your situation.
Anne Johnston Photography Gift Vouchers can be redeemed against Anne Johnston Photography’s one-to-one tuition, for up to 6 months from the date of purchase. The expiry date cannot be extended.
The full value of the voucher must be redeemed in one transaction.
Anne Johnston Photography Gift Vouchers are not redeemable for cash and cannot be refunded.