Terms and conditions of sale

1. Introduction

1.1    These terms and conditions shall govern the sale and purchase of products through our website.

1.2    You will be asked to give your express agreement to these terms and conditions before you place an order on our website.

1.3    This document does not affect any statutory rights you may have as a consumer (such as rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or the Consumer Rights Act 2015).

2. Interpretation

2.1    In these terms and conditions:

(a)    “we” means Ianthe Ruthven Photographer; and

(b)    “you” means our customer or prospective customer,

and “us”, “our” and “your” should be construed accordingly.

3. Order process

3.1    The advertising of products on our website constitutes an “invitation to treat” rather than a contractual offer.

3.2    No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section 3.

3.3    To enter into a contract through our website to purchase products from us, the following steps must be taken: you must add the products you wish to purchase to your shopping cart, and then proceed to the checkout; if you are a new customer, you must then create an account with us and log in; if you are an existing customer, you must enter your login details; once you are logged in, you must select your preferred method of delivery and confirm your order and your consent to the terms of this document; you will be transferred to our payment service provider’s website, and our payment service provider will handle your payment; we will then send you an initial acknowledgement; and once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.

3.4    You will have the opportunity to identify and correct input errors prior to making your order by emailing us directly at maliseruthven@gmail.com.

4. Products

4.1    The following types of products are or may be available on our website from time to time: photographic prints in 3 sizes: A1, A2, A3 and 2 mediums: 195gsm mounted or unmounted.

4.2    We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product.

5. Prices

5.1    Our prices are quoted on our website.

5.2    We will from time to time change the prices quoted on our website, but this will not affect contracts that have previously come into force.

5.3    All amounts stated in these terms and conditions or on our website are stated inclusive of VAT.

5.4    It is possible that prices on the website may be incorrectly quoted; accordingly, we will verify prices as part of our sale procedures so that the correct price will be notified to you before the contract comes into force.

5.5    In addition to the price of the products, you will have to pay a delivery charge, which will be notified to you before the contract of sale comes into force.

6. Payments

6.1    You must, during the checkout process, pay the prices of the products you order.

6.2    Payments may be made by any of the permitted methods specified on our website from time to time.

6.3    If you fail to pay to us any amount due under these terms and conditions in accordance with the provisions of these terms and conditions, then we may withhold the products ordered and/or by written notice to you at any time cancel the contract of sale for the products.

6.4    If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:

(a)    an amount equal to the amount of the charge-back;

(b)    all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);

(c)    an administration fee of GBP 25.00 including VAT; and

(d)    all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 6.4 (including without limitation legal fees and debt collection fees),

and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 6.4.

7. Deliveries

7.1    Our policies and procedures relating to the delivery of products are set out in this Section 7.

7.2    We will arrange for the products you purchase to be delivered to the delivery address you specify during the checkout process.

7.3    We will use reasonable endeavours to deliver your products on or before the date for delivery set out in the order confirmation or, if no date is set out in the order confirmation, within 7 days following the date of the order confirmation; however, we do not guarantee delivery by this date.

7.4    We do guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 30 days following the later of receipt of payment and the date of the order confirmation.

7.5    We will only deliver products to addresses on the UK mainland and Europe.

8. Distance contracts: cancellation right

8.1    This Section 8 applies if and only if you offer to contract with us, or contract with us, as a consumer – that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.

8.2    You may withdraw an offer to enter into a contract with us through our website or cancel a contract entered into with us through our website (without giving any reason for your withdrawal or cancellation) at any time within the period:

(a)    beginning upon the submission of your offer; and

(b)    ending at the end of 14 days after the day on which the products come into your physical possession or the physical possession of a person identified by you to take possession of them (or, if the contract is for delivery of multiple products, lots or pieces of something, 14 days after the day on which the last of those products, lots or pieces comes into your physical possession or the physical possession of a person identified by you to take possession of them).

8.3    In order to withdraw an offer to contract or cancel a contract on the basis described in this Section 8, you must inform us of your decision to withdraw or cancel (as the case may be). You may inform us by means of any clear statement setting out the decision. In the case of cancellation, you may inform us using the cancellation form that we will make available to you. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.

8.4    If you cancel a contract on the basis described in this Section 8, you must send the products back to us (Oasis Graphic Co., 2nd Entrance, Unit 7, Lower Mount Farm, Long Lane, Cookham, Berkshire, SL6 9EE) or hand them over to us or a person authorised by us to receive them. You must comply with your obligations referred to in this Section 8 without undue delay and in any event not later than 14 days after the day on which you inform us of your decision to cancel the contract. You must pay the direct cost of returning the products.

8.5    If you cancel an order in accordance with this Section 8, you will receive a full refund of the amount you paid to us in respect of the order including the costs of delivery to you, except:

(a)    if you chose a kind of delivery costing more than the least expensive kind of delivery that we offer, we reserve the right to retain the difference in cost between the kind of delivery you chose and the least expensive kind of delivery that we offer; and

(b)    as otherwise provided in this Section 8.

8.6    If the value of the products returned by you is diminished by any amount as a result of the handling of those products by you beyond what is necessary to establish the nature, characteristics and functioning of the products, we may recover that amount from you up to the contract price. We may recover that amount by deducting it from any refund due to you or require you to pay that amount direct to us. Handling which goes beyond the sort of handling that might reasonably be allowed in a shop will be “beyond what is necessary to establish the nature, characteristics and functioning of the products” for these purposes.

8.7    We will refund money using the same method used to make the payment, unless you have expressly agreed otherwise. In any case, you will not incur any fees as a result of the refund.

8.8    Unless we have offered to collect the products, we will process a refund due to you as a result of a cancellation on the basis described in this Section 8 within the period of 14 days after the day on which we receive the returned products or (if earlier) after the day on which you supply to us evidence of having sent the products back. If we have not sent the products to you at the time of withdrawal or cancellation or have offered to collect the products, we will process a refund due to you without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the withdrawal or cancellation.

8.9    You will not have any right to cancel a contract as described in this Section 8 insofar as the contract relates to:

(a)    the supply of any sealed audio recordings, sealed video recordings or sealed computer software which have been unsealed by you;

(b)    the supply of products the price of which is dependent upon fluctuations in financial markets which we cannot control and which may occur during the cancellation period;

(c)    the supply of newspapers, periodicals or magazines, with the exception of subscription contracts for the supply of such publications;

(d)    the supply of goods which are liable to deteriorate or expire rapidly;

(e)    the supply of non-prefabricated goods that are made on the basis of an individual choice of or decision by you, or goods that are clearly personalised];

(f)    the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, where such goods have been unsealed by you; or

(g)    the supply of goods which are, according to their nature, inseparably mixed with other items after delivery.

9. Warranties and representations

9.1    You warrant and represent to us that:

(a)    you are legally capable of entering into binding contracts;

(b)    you have full authority, power and capacity to agree to these terms and conditions;

(c)    all the information that you provide to us in connection with your order is true, accurate, complete and non-misleading; and

(d)    you will be able to take delivery of the products in accordance with these terms and conditions.

9.2    We warrant to you that:

(a)    we have the right to sell the products that you buy;

(b)    the products we sell to you are sold free from any charge or encumbrance, except as specified in these terms and conditions;

(c)    you shall enjoy quiet possession of the products you buy, except as specified in these terms and conditions;

(d)    the products you buy will correspond to any description published on our website; and

(e)    the products you buy will be of satisfactory quality.

9.3    All of our warranties and representations relating to the supply of products are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to Section 10.1, all other warranties and representations are expressly excluded.

10. Limitations and exclusions of liability

10.1  Nothing in these terms and conditions will:

(a)    limit or exclude any liability for death or personal injury resulting from negligence;

(b)    limit or exclude any liability for fraud or fraudulent misrepresentation;

(c)    limit any liabilities in any way that is not permitted under applicable law; or

(d)    exclude any liabilities that may not be excluded under applicable law,

and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.

10.2  The limitations and exclusions of liability set out in this Section 10 and elsewhere in these terms and conditions:

(a)    are subject to Section 10.1; and

(b)    govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

10.3  We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

10.4  We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

10.5  You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

10.6  Our aggregate liability to you in respect of any contract to purchase products from us under these terms and conditions shall not exceed the greater of:

(a)    £220; and

(b)    the total amount paid and payable to us under the contract.

11. Order cancellation

11.1  We may cancel a contract under these terms and conditions immediately, by giving you written notice of termination, if:

(a)    you fail to pay, on time and in full, any amount due to us under that contract; or

(b)    you commit any material breach of that contract.

11.2  You may cancel a contract under these terms and conditions immediately, by giving us written notice of termination, if we commit any material breach of that contract.

11.3  We may cancel a contract under these terms and conditions by written notice to you if we are prevented from fulfilling that contract by any event beyond our reasonable control, including without limitation any unavailability of raw materials, components or products, or any power failure, industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, riot, terrorist attack or war.

12. Consequences of order cancellation

12.1  If a contract under these terms and conditions is cancelled in accordance with Section 11:

(a)    we will cease to have any obligation to deliver products which are undelivered at the date of cancellation;

(b)    you will continue to have an obligation where applicable to pay for products which have been delivered at the date of cancellation (without prejudice to any right we may have to recover the products); and

(c)    all the other provisions of these terms and conditions will cease to have effect, except that Sections 1.3, 6.4, 10, 15, 16, 17, 18, 19 and 20 will survive termination and continue in effect indefinitely.

13. Scope

13.1  These terms and conditions shall not constitute or effect any assignment or licence of any intellectual property rights.

13.2  These terms and conditions shall not govern the licensing of works (including software and literary works) comprised or stored in products.

13.3  These terms and conditions shall not govern the provision of any services by us or any third party in relation to the products (other than delivery services).

14. Variation

14.1  We may revise these terms and conditions from time to time by publishing a new version on our website.

14.2  A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.

15. Assignment

15.1  You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions – providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.

15.2  You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

16. No waivers

16.1  No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.

16.2  No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of that contract.

17. Severability

17.1  If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

17.2  If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

18. Third party rights

18.1  A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

18.2  The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.

19. Entire agreement

19.1  Subject to Section 10.1, these terms and conditions shall constitute the entire agreement between you and us in relation to the sale and purchase of our products and shall supersede all previous agreements between you and us in relation to the sale and purchase of our products.

20. Law and jurisdiction

20.1  These terms and conditions shall be governed by and construed in accordance with English law.

20.2  Any disputes relating to these terms and conditions shall be subject to the exclusive  jurisdiction of the courts of England.

21. Statutory and regulatory disclosures

21.1  We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.

21.2  These terms and conditions are available in the English language only.

21.3  We are not VAT registered.

21.4  The website of the European Union’s online dispute resolution platform is available at http://ec.europa.eu/odr. The online dispute resolution platform may be used for resolving disputes.

22. Our details

22.1  This website is owned and operated by Malise H Ruthven.

22.2  Our principal place of business is at Malise H Ruthven, 5 Hameau Travers, 50390 Saint-Jacques de Néhou, FRANCE

22.3  You can contact us:

(a)    by post, to the postal address given above;

(b)    using our website contact form;

(d)    by email, using maliseruthven@gmail.com.

Terms and Conditions

General

Your use of the Ianthe Ruthven Photographer website is governed by the Website Terms and Conditions set out below which should be read in conjunction with details provided on the site about how the website operates and the services available on the website. You should also read our Privacy Policy. Additional Payment Terms & Conditions apply to purchases of our products on-line. For general enquiries please e-mail maliseruthven@gmail.com. If you experience problems with our website or have comments please email info@leopardwebsites.com.

Important Disclaimer

This website is provided by Ianthe Ruthven Photographer on an “as is” basis. No warranties or representations of any kind expressed or implied are given (and if any such warranties and representations arise by operation of law or otherwise they are hereby disclaimed to the fullest extent permitted by law) in connection with this site or its content including the completeness or accuracy of any of its contents (in particular but without limiting the foregoing any listing information).

Ianthe Ruthven Photographer, its commissioners, employees, officers and agents shall not be liable for any loss or damages or expenses of any kind including without limitation compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property or claims by third parties howsoever arising in connection with the copying or use of any information or material contained in or referred to on this website or otherwise from the use of this website.

Ianthe Ruthven Photographer is not responsible for the content of external websites that link to this website or which are linked from it. Please also refer to our Privacy Policy.

Use of Site

Ianthe Ruthven Photographer reserves the right to withdraw its website at any time and without prior warning. Ianthe Ruthven Photographer will endeavour to advise users of its website in advance of any withdrawal, whether such withdrawal is temporary or permanent.

Links to this Website

Ianthe Ruthven Photographer reserves the right at its discretion to prohibit any link from another Internet site or equivalent entity to materials or information on this website. Without prejudice to that, any link to material or information on this website must be neither misleading nor deceptive and must fairly indicate Ianthe Ruthven Photographer or www.iantheruthven.com as the destination of the link.

Furthermore, no page or pages from this website may be framed by or with any third party content or otherwise made available to the public in conjunction with any third party content without the prior written consent of Ianthe Ruthven Photographer.

Copyright and Related Rights

All content, designs, text, graphics, software compilations and source codes on this website are the copyright of Ianthe Ruthven Photographer and/or its content providers.

Reproduction of part or all of the contents of this website in any form is prohibited other than for individual use only and may not be recopied and shared with a third party except as set out in User-submitted content, below. The permission to recopy by an individual does not allow for incorporation of material or any part of it in any work or publication, whether in hard copy, electronic, or any other form. Any other use of the website without prior written consent from Ianthe Ruthven Photographer is strictly forbidden.

Trade marks

Ianthe Ruthven Photographer, the Ianthe Ruthven Photographer logo, Images and photographs on the site and the Images of Ianthe Ruthven Photographer Logo are trade marks of EnIanthe Ruthven Photographer and may not be reproduced without the prior written consent of Ianthe Ruthven Photographer. Other organisation and company names referred to on this Site may be the trade marks of their respective owners as indicated.

Amendments

Ianthe Ruthven Photographer reserves the right to change or amend these Website Terms and Conditions without prior notice.

User-submitted content

By sending any text, images, audio, video or other content to this website you grant to Ianthe Ruthven Photographer a non-exclusive, royalty-free licence to publish and use that content (or any part of it, and as that content may be edited, cropped or otherwise modified by Ianthe Ruthven Photographer, at Ianthe Ruthven Photographer’s discretion) on this website, and on or in other Ianthe Ruthven Photographer websites and publications, in any media and at any time. Ianthe Ruthven Photographer may require you to confirm the rights granted in this paragraph and where requested to do so you shall provide all reasonable assistance to Ianthe Ruthven Photographer. You also agree that any user of this website may use such content in accordance with these Website Terms and Conditions.

All material must comply the User Content Pages – Rules of Acceptable Use, set out below.

User Content Pages – Rules of Acceptable Use

User Content Pages and any discussion forums or pages of this website where you are capable of posting material are provided for your private and non-commercial use and for the exchange of lawful, relevant, fair and appropriate information, opinions and comment.

Use of the website that is inconsistent with those stated purposes is strictly prohibited. Your use of these user content pages and this website generally is subject to the following terms which, by your use of the user content pages and this website, you are deemed to accept (and which amount to a non-exhaustive list of prohibited acts):

  1. You may not place on this website any material (or use any user name) which is defamatory, abusive, discriminatory, threatening, harassing, harmful to children, obscene, offensive, or which applauds, encourages or entices abuse, discrimination or hate; or which might bring Ianthe Ruthven Photographer into disrepute.
  2. You may not post any material on this website which has been disclosed to you in confidence or which, by its nature, is confidential.
  3. You may not post any material on this website which compromises or is invasive of the privacy or security of anyone other than yourself; and confirm that you have secured the consent of any person (and, in the case of a child, of those persons who have parental responsibility for such child) who appears, or is referred to, in any material posted by you on the website to its publication by Ianthe Ruthven Photographer in accordance with these terms.
  4. You may not use multiple log-ins or post duplicate, repetitive or trivial content or content which does not relate to the applicable discussion thread.
  5. You may not place on the website any material which may encourage criminal conduct or which may give rise to civil liability, or which is otherwise unlawful.
  6. You may not place on this website any material belonging to any person (or any material where the rights belong to any person) other than yourself without the prior written consent of the owner of it.
  7. You may not place on the site any material whose publication by Ianthe Ruthven Photographer may give rise to any third party claims.
  8. You may not place any links on this website where those links take users to unlawful material or material that contravenes these Rules of Acceptable Use.
  9. You may not place on this website advertisements nor make commercial solicitations nor use this website for any commercial purposes (which would include using the website to promote or encourage the sale of your goods/services).
  10. You may not place on this website any material that authorises, enables or encourages the dissemination of any unsolicited or unauthorised advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; or which contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or which might interfere with the normal operation of this website or servers or networks connected to this website.
  11. You agree that Ianthe Ruthven Photographeraccepts no responsibility for any statements, material or other submissions placed on this website by you or any third party, or for any loss or damage resulting from your breach of these Rules of Acceptable Use.
  12. You agree to indemnify Ianthe Ruthven Photographer, its commissioners, employees, officers and agents from any and all claims and liabilities (including legal fees) which arise from your statements, contributions or other submissions to this website, from any unauthorised use of material obtained from our website or otherwise from your breach of our Rules of Acceptable Use.

Refusal, removal and/or editing of content

Ianthe Ruthven Photographer may not view or edit or pre-screen any contribution that you or anyone else makes to this website and therefore you cannot assume that Ianthe Ruthven Photographer is responsible for having made it available on the website. Ianthe Ruthven Photographer, and others that it designates, shall however have the right (but not the obligation) at its sole discretion to refuse, remove or edit any content that is posted to, or available on, this website without the need to give any reasons for doing so.

Content objections

If you object to the publication of any material placed on this website please let Ianthe Ruthven Photographer know by sending an appropriately worded email to maliseruthven@gmail.com and we will take whatever action we deem appropriate.

Registration

On certain parts of this website Ianthe Ruthven Photographer may require you to register and provide certain information about yourself and where you do this you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the relevant registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data (by sending an appropriately worded email to maliseruthven@gmail.com) to keep it true, accurate, current and complete.

Our use of Registration Data and certain other information about you is subject to the Privacy Policy

Your username and password

The registration processes on this website will involve you being allocated with a unique username and/or password that gives you access to your website account. You are responsible for maintaining the confidentiality of your username and password, and are fully responsible for all activities that occur through your website account. You agree to (a) notify Ianthe Ruthven Photographer immediately if you become aware of any unauthorised use of your password or website account or any other breach of security by sending an appropriately worded email to maliseruthven@gmail.com, and (b) ensure that you exit from your website account at the end of each session. Ianthe Ruthven Photographer cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.