Terms & Conditions

FlockPhotography - Terms and Conditions

Introduction - Who are we?

These Terms and Conditions govern the use of this website, which is located at http://www.flockphotography.com (the "Website") and the purchase of any goods and services from it. This Website is owned and operated by FlockPhotography, 29/1 Lauriston Gardens, Edinburgh, EH3 9HJ, United Kingdom (hereinafter “FlockPhotography”, “we”, “our” or “us”).  Mr T. Moore is the proprietor of FlockPhotography and the photographer associated with the photographic images advertised on this Website.  Please note that we are committed to providing you with a high quality service to ensure that you are totally satisfied with our photographic art and can enjoy it to its full potential.  If at any time you have any queries or concerns about FlockPhotography then please contact us at info@flockphotography.com.

Acknowledgment and Acceptance of Terms & Conditions

Please note that by accessing, using or browsing this Website you agree to be bound by these Terms and Conditions. Please read them carefully. We reserve the right to amend or update these Terms and Conditions at any time without providing notice to you, so please check them regularly before making any purchases via this Website! Your use of this Website and placement of an order indicates, you acknowledge that you have read and understood these Terms and Conditions.

Orders and Pricing

All orders for prints are subject to availability and acceptance of an order begins when the relevant photographic prints are dispatched to you by us and you will be charged by us at this time for the relevant price.  Please note that although we endeavour to ensure that all prices on the Website are accurate, occasionally errors may occur.  If there has been an error you will be informed as soon as possible and arrangements will be made for you to re-order at the correct price or cancel the order and receive a refund of any payments made by you.  Please note that all photographic images advertised on this Website are simply an invitation to you to make an offer to purchase photographic prints of the same or to make further enquires in relation to the same.  All offers are subject to acceptance.  All prices of photographic prints available via this Website are subject to VAT and delivery charges, details of which are displayed elsewhere on this Website.  We reserve the right without giving notice to change the Website and change the products and pricing structures for products, postage and services at any time that we see fit to do so.

Order Acknowledgement

When you make an order you will be sent an email from us confirming your order.  Please check the details carefully of any order that you make as well as the email acknowledgement from us.  If for whatever reason your order has been unsuccessful the email will inform you of this.

Colour Proofing and Printing

Due to the differences in viewing images on your screen and printing techniques we cannot guarantee that the photographic print that you receive will look identical to the photographic image that you viewed on the Website. For example, you may have the screen contrast and brightness set completely differently to anyone else viewing this Website.  We also cannot guarantee that photographic paper products used in the production of prints will always be identical to those stated on the Website.  Please note that professional care will be taken by us when colour matching the prints that are sent out to you as well as the printing the photographic images.  If you have any concerns in connection with the work of us in this respect at any time then please let us know.

Statutory Rights

Your statutory rights as a consumer in the United Kingdom are not affected by these Terms and Conditions.  Please note that as a consumer you have the statutory right within the United Kingdom to cancel your order and return any photographic prints ordered in exchange for a refund.  This right of cancellation starts on the date that you submit your order and expires within seven working days beginning on the day after the day on which you receive the photographic prints from us.  This statutory right includes an obligation to refund you within 30 days if you cancel your order.  All returns should be made to us for processing.  View our returns policy here.  Please note that if your order is of a bespoke nature then this right of cancellation does not apply.

Delivery

It is your sole responsibility to enter the correct delivery address details at the time of ordering.  All dates specified for delivery are estimates only, unless expressly noted to the contrary.  If the photographic prints ordered by you are not delivered within 30 days of the date of issue of the acceptance of your order, then you will have the option to cancel your order. Please contact us as soon as possible if an order does not arrive. Deliveries must be signed for (please ensure that the Products delivered match the driver's paperwork and that the Products are undamaged) and you should keep your delivery note and packaging. You are required to notify customer services at info@flockphotography.com within 14 days if any Products are missing or damaged on delivery. Please refer to our returns policy. Risk in the Products shall pass to you once they have been delivered to the delivery address stipulated in your order and we will not be liable for their loss, damage or destruction after delivery has taken place.

Copyright Notice

The content of this Website (which includes but is not limited to text, graphics, layout, design and coding) belongs to or is licensed to FlockPhotography. The copyright in the photographic images in electronic form or other formats (including without limitation printed format) which are available from this Website is the property of the submitting photographers.  Copyright © 2006-2008 T. Moore trading as FlockPhotography – all rights reserved. Copyright © 2007-2008 Kelly Angard – all rights reserved. Copyright © 2007-2008 Denis Bouchard – all rights reserved.  Copyright © 2007-2008 Matt Yelland – all rights reserved.  Copyright © 2007-2008 Matt Wilkes – all rights reserved. Copyright © 2007-2008 Carole Gomez – all rights reserved. Copyright © 2007-2008 Anthony Melton – all rights reserved. Copyright © 2007-2008 Kate Hensher – all rights reserved.  All such content and photographic images are protected by United Kingdom and international copyright and database right laws and treaties and may only be used in accordance with the Copyright Policies below and applicable law.  You are not allowed to remove any copyright, trade mark or any other intellectual property notices contained in this Website or on the prints of the photographic images that you purchase.

Copyright Policies & Permitted Use

Website - You may not copy any part of this Website, or carry out any other act which is protected by copyright or extract or re-utilise the whole or any substantive part (evaluated quantitatively and/or qualitatively) of the content of this Website other than: -
1. Printing in hard copy form portions of the content of this Website for personal use;
2. Downloading any page from this Website for personal use only;
3. Storing pages from this Website in a cache or other temporary retrieval system for the sole purpose of personal viewing off-line.
These consents do not permit you to modify any of this Website’s content or to use it in any commercial material without our prior written consent.
Photographic Images & Prints - The photographic images on this Website when ordered by you will be printed in accordance with your chosen format and then delivered to you in that format on the strict understanding that such use by you is for personal use only   Please be clear that you only buy the limited non-exclusive right to receive a copy in print of the relevant photographic image for personal use.  These images and prints are not available for commercial use or resale and may not be copied or published in whole or in part in any format (including via any website) unless you have entered in a separate written agreement with FlockPhotography and paid all appropriate licence fees (please contact us if you require details by filling out an authorisation form as noted elsewhere on this Website).

Use of this Website

1. We do not guarantee that this Website will be available 24 hours a day 7 days a week and as such will not be liable for any damages of any kind resulting from the inability to use this Website or its content at any time.
2. This Website may contain links to other websites and, unless expressly noted to the contrary by us, we do not approve or endorse and accept no liability for the content of any third party websites which may be accessed via, or linked to, this Website.  Unless expressly noted to the contrary by us, the existence of a link to another website is not an authorisation by us to you to access content or material from that other website.
3. We give no guarantees that this Website is free from any computer viruses, errors, inaccuracies or defects.
4. “FlockPhotography” is the trade mark of FlockPhotography. Other product and company names and logos mentioned on this site may be the trade marks or registered trade marks of their respective owners.  
5. You may not link to this Website without our prior approval in writing or by email.  Deep linking (ie linking to any page other than the homepage) or framing to this Website is strictly prohibited.
6. We expressly prohibit the use of this Website by you for any purpose which may be unlawful in the United Kingdom and in your jurisdiction if located outwith the United Kingdom.
7. You must keep any passwords issued to you safe and secure at all times. You will be responsible for any damage or loss caused by unauthorised access resulting from your failure to keep your password safe and secure, so please take care!

Use of your personal information

1. Please note that we are committed to responsible management of personal information in accordance with the Data Protection Act 1998.  We collects and store information and our registration number on the publicly accessible Data Protection Registry is Z1279575.
2. You are entitled under the Data Protection Act 1998 to a copy of the personal information that we hold about you if you apply to us in writing.  We may make a small charge for dealing with any such request.
3. If you purchase goods and/or services from this Website you will be required to provide your name, address, email address, credit card number and/or possibly other personal details ("Customer Information") to process your order. All such Customer Information when supplied by you must be current, complete and accurate.  All credit and charge card holders are subject to validation checks and authorisation by the card issuer.
4. The Customer Information we hold is stored in a secure manner.
5. The Customer Information that you supply to us will be used only for the purposes of meeting your needs, unless you consent to its use for other purposes, or the law permits its use for other purposes. We do not routinely disclose your personal information to any other person or organisation.
6. You agree that your Customer Information may be used to process, fulfil and follow up on orders, reply to your email, return information you request via email.
7. This Website logs your Internet Protocol (I.P.) address. All computers that are linked to the Internet have an I.P. number. An I.P. address does not provide identifiable personal information.
8. This Website does use “cookies” (These are text only strings of information that the website you are visiting transfers to the cookie file of the browser on your computer. Their purpose is to identify users and to enhance the user’s experience by customising web pages. A cookie will usually contain the name of the domain from which the cookie has come, an expiry date for the cookie, and a value, which is usually a random generated unique number).

The cookies are as follows:

FlockPhotography session cookies that are deleted after your browser is closed, or you log out of the system.
cookie name - _session_id

FlockPhotography persistent cookies are valid across visits and, for example, are used to aid in your search.
cookie name - _flock_state

Third party cookies that are used by our partners, for example, to help us measure site visitors.
cookie names - __utma, __utmb, __utmc, __utmz

See our Privacy Statement for more information

Assignation of Terms

1. These Terms and Conditions are personal to you and you are not entitled to assign the terms of the contract created between you and FlockPhotography (as constituted by these Terms and Conditions) to any third party.
2. FlockPhotography shall be entitled to assign and sub-contract the terms of the contract (as constituted by these Terms and Conditions) to FlockPhotography Limited and any other third party without your consent; although notice of any such assignation will be provided to you.

Breach of Terms and Conditions

1. We may refuse to provide any further services or products to you if you breach these Terms and Conditions or applicable law.  In such circumstances we may employ technical measures to restrict your access to this Website.
2. You shall indemnify us, our officers, agents and employees against any action, claim, damages, liability, costs and expenses arising out of any misuse by you of this Website and/or the photographic prints ordered/purchased from it in breach of these Terms and Conditions, or applicable law.
3. Any failure by us to take action in respect of a breach by you of these Terms and Conditions, or applicable law, shall not prevent us from taking future action in respect of the same breach or any other breach by you, unless we agree to the contrary in writing.
4. If any provision of these Terms and Conditions is held to be unenforceable it will not affect the validity and enforceability of the remaining provisions.

Governing Law and Jurisdiction

These conditions of use are governed by the Law of Scotland and the Scottish Courts shall have non-exclusive jurisdiction in any disputes between you and us.