1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply our photography products and services to you.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products and services to you, how you and we 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, please contact us to discuss this.
2. Information about us and how to contact us
2.1 Who we are. We are Frankie and Friends Limited, trading as Frankie & Friends, a company registered in England and Wales. Our company registration number is 10060875 and our registered office is at c/o Chris Watson, 37 St. Margaret’s Street, Canterbury, Kent, United Kingdom, CT1 2TU.
2.2 How to contact us. You can contact us by telephoning us on 01227 785 022, by writing to us at Frankie & Friends, Room 104-105, Lombard House, 12-17 Upper Bridge Street, Canterbury, CT1 2NF or by sending us an email to firstname.lastname@example.org.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3.1 Initial enquiry and price. Our prices are available on our website. If you have contacted us directly with your initial enquiry we will discuss your requirements with you and send you a link to the online booking page on our website where you will be able to see the price for the photography session. The price includes an optional consultation session, the photography session itself and a viewing and ordering session.
3.2 How to request your booking. If you are happy with our price you may then request a booking online and make payment by credit or debit card or by redeeming your gift voucher.
3.3 How we will accept your booking. If we accept your booking we will send you an email to confirm the date and time of your photography session and your consultation session if you choose to have one. At this point a contract will come into existence between you and us for the supply of the photography session.
3.4 If we cannot accept your booking. It is up to us whether we accept a booking and if we are unable to accept your booking for any reason we will let you know. If you have paid for your booking and we cannot accept it or after your booking has been accepted we cannot fulfil your booking because, for example, we have identified an error in our price, we will fully refund the amount you have paid for the booking.
4. Gift vouchers
4.1 Payment by gift voucher. Only one voucher can be used per booking and against products arising from such booking. Vouchers do not have any cash value.
4.2 Refunds. If you have paid by gift voucher then any reference to a refund in these terms shall mean providing you with a replacement gift voucher.
5. Your rights to cancel a booking
5.1 How to cancel a booking. If you wish to cancel your booking you must let us know by telephone, using the link provided in your booking confirmation email or in writing using the contact details set out in these terms.
5.2 Your right to change your mind. When making a booking online the Consumer Contracts Regulations 2013 give you a legal right to change your mind. If you cancel your booking within 14 days of us accepting it we will provide you with a full refund. You do not have the right to change your mind if the photography session has already taken place.
5.3 Cancelling a booking when you do not have the right to change your mind. If you cancel your booking more than 14 days after we accepted it we will only provide you with a full refund if you cancel more than a month before the photography session is due to take place. If you cancel after this time we may deduct from the refund a reasonable amount to compensate us for the losses we will suffer as a result of your cancellation. If you do not contact us to cancel your booking and do not turn up to the photography session we will not provide a refund at all.
6. Rescheduling bookings
6.1 If you need to reschedule a booking. If you wish to reschedule your booking you can do so via the link provided in your booking confirmation email or by telephone using the contact details set out in these terms.
6.2 How much notice you need to give. If you get in touch with us at least 24 hours before your booking is due to take place we will reschedule your booking free of charge for an alternative date within a month of the original booking (subject to availability). If you give us less than 24 hours’ notice or wish to reschedule your booking for a date more than a month after your original booking was due to take place then we will try and accommodate your request but we may charge an additional fee to compensate us for the losses we will suffer as a result of rescheduling your booking. If you reschedule via our website you will be able to see which alternative dates are available before requesting a change.
6.3 If we need to reschedule a booking. If we need to reschedule your booking we will get in touch with you using the contact details you provided to us and give you as much notice as possible. If we cannot agree an alternative date for your booking then we will cancel your booking and we will refund any money you have paid in full.
6.4 We are not responsible for delays outside our control. If we have to delay or cancel a booking due to an event outside our control then, provided we comply with clause 6.3, we will not be liable for delays caused by such an event.
7. Photography sessions
7.1 Consultation sessions. We recommend that you take advantage of a complimentary consultation session to discuss your requirements and ideas for your photography session with us. There is no charge for this session and no refunds will be provided if you do not choose to have a consultation session or if it is subsequently cancelled.
7.2 Preparation for your photography session. Guidance is provided on our website explaining how we recommend you prepare for your photography session and what to bring with you. Please read this guidance carefully so that you can get the most out of your photography session. We are not responsible for any reductions in quality or quantity of images taken as a result of any failure by you to comply with these recommendations.
7.3 Sickness on the day of your photography session. If you or your child(ren) are feeling unwell on the day of your photography session then it must be rescheduled. Provided you get in touch with us before you are due to arrive for your photography session we will reschedule it free of charge. If at your photography session it appears, in our sole discretion, that you or your child(ren) are unwell, then we reserve the right to reschedule and may charge an additional fee to compensate us for the losses we will suffer as a result of rescheduling your photography session.
7.4 Your requests. We always try to comply with your wishes and requests but these are not terms of your contract with us. Photographic coverage at your photography session will be provided at our sole discretion based on our professional expertise and depending on the willingness of your child(ren), the weather conditions on the day and any other relevant factors.
7.5 Your responsibilities. At your photography session you are responsible for the behaviour and wellbeing of your child(ren) and all of your personal belongings. You must comply with our reasonable instructions during your photography session whether relating to health and safety or any other matter. We reserve the right to cut short a photography session if, in our sole discretion, we consider that the safety or wellbeing of any participants (including any of our staff) is at risk. We will not provide refunds for photography sessions cut short as a result of the behaviour of you or your child(ren).
7.6 Photography and recording by you. The use of cameras, camera phones, camcorders or any other recording equipment is not permitted during any photography session without our express permission.
7.7 Arranging your viewing and ordering session. At the end of your photography session we will agree a convenient time and date for your viewing and ordering session.
8. Viewing and ordering sessions
8.1 Your images. Following your photography session we will edit the images taken at our discretion and provide you with a selection of images to choose from at your viewing and ordering session. Once you have selected the image(s) you would like to purchase, we may at our sole discretion revisit each individual image for further editing as we see fit. We will try and provide you with the best selection we can, but we do not guarantee that any particular number of images will be produced.
8.2 Further editing. If you request further editing of the images at your viewing and ordering session we will explain what may be possible and the cost of this further work. We can only accept requests for editing made at the viewing and ordering session and we will not accept any requests for editing made at any other time.
8.3 Ordering products at a viewing and ordering session. At your viewing and ordering session we will explain which products are available to order and the prices, including any delivery fees. Once you have chosen your products you may place an order. If we accept your order we will take payment from you by credit or debit card or by redeeming your gift voucher, at which point a contract will come into existence between you and us for the supply of the products. We will also confirm the likely collection or delivery date(s) which will be within 30 days of the viewing and ordering session.
8.4 If we cannot accept your order. It is up to us whether we accept an order and if we are unable to accept your order for any reason we will let you know. If, after your order has been accepted we cannot fulfil your order because, for example, we have identified an error in our prices, we will fully refund the amount you have paid for the products.
8.5 Digital products. If you order digital products such as digital images for Facebook we will make the digital products available for download once we have received cleared payment from you.
9. Ordering images online (schools only).
9.1 How to order products online. We may provide you with a login and password to enable you to order products from us online via our website. If we have done this details of our prices and how to order your products online will be provided to you in the letter you will have received from your child’s school. If you have not been provided with a letter, you will not be able to order products from us online.
9.2 How we will accept your order. Once you have chosen your products you may place an order and make payment by credit or debit card via our website. If we accept your order we will send you an acknowledgement email and also confirm the likely collection or delivery date(s) which will be within 30 days of the date of the email. At this point a contract will come into existence between you and us for the supply of the products.
9.3 If we cannot accept your order. It is up to us whether we accept an online order and if we are unable to accept your order for any reason we will let you know. If, after your online order has been accepted we cannot fulfil your order because, for example, we have identified an error in our prices, we will fully refund the amount you have paid for the products.
9.4 Bespoke products. The Consumer Contracts Regulations 2013 usually gives consumers the legal right to change their mind in respect of orders placed online and the right to cancel within 14 days of receiving their products. However, as all our products are bespoke these regulations do not apply and therefore you may not cancel your order for products.
10. Making changes to your order
10.1 Your responsibility. It is your responsibility to select the correct images, sizes and layouts of the products you wish to order during the viewing and ordering session. We will not accept responsibility for any errors made by you when selecting products.
10.2 Your rights to make changes. If you wish to make a change to the products you have ordered, for example the size or format of an image, please contact us by telephone or in writing using the contact details set out in these terms. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price and the likely delivery date(s) as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. You may not make changes to your order once the products have been delivered.
10.3 Our rights to make changes. We may make minor changes to the products to reflect changes in relevant laws and regulatory requirements or to implement minor technical adjustments and improvements.
11. Providing the products
11.1 Collection from our studio. When your products are ready we will contact you to arrange either collection from our studio or delivery to your preferred address.
11.2 If you are not at home when the products are delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, a note will be left informing you of how to rearrange delivery or collect the products.
11.3 If you do not re-arrange delivery. If after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot, we will contact you for further instructions and may charge you for storage costs and any further delivery costs.
11.4 When you become responsible for and own the products. The products will be your responsibility from the time you collect the products from us or when we deliver the products to the address you gave us. Ownership of the copyright in the products is dealt with in clause 13.
11.5 We are not responsible for delays outside our control. If the supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. If we do this we will not be responsible for a delay caused by such an event.
11.6 If we cannot supply the products to you. We will let you know as soon as possible and refund the price you paid for the products.
12. Storage of images.
12.1 If you place an order for products at your viewing and ordering session. We will store your images for three months after which time we may delete them.
12.2 If you do not place an order for products at your viewing and ordering session. We will store your images for one month after which time we may delete them. If you ask us to retrieve your images during this time or to store your images for longer than this a fee will be payable which we will notify to you.
13.1 We own the copyright in the products. We own the copyright (and any similar rights) in the images and the products and nothing in these terms transfers this copyright to you.
13.2 What you may do. You may use the images as incorporated in the products supplied to you for your own personal use (which shall include sharing on social media or with family and friends) in accordance with these terms. However, you must not modify, adapt or alter the images in any way.
13.3 What you must not do. You must not use the images or products in any way for commercial purposes without our prior written consent. If we do grant you permission to use the images for commercial purposes, you must not modify, adapt or alter the images in any way. If you breach this term we may seek reasonable compensation from you for the losses we will suffer as a result of your breach.
13.4 Using images for promotional purposes. We may use your images to promote and advertise our photography products and services, for example, at fine art gallery shows or exhibits, in photography books, at lectures, in our portfolio, and in other promotion or advertising we may run. If you do not want us to use your images in this way please let us know.
14. If there is a problem with the products
14.1 How to tell us about problems. If you have any questions or complaints about the products, please contact us. You can contact us by telephoning us on 07840 748738, by writing to us at Frankie & Friends, Suite F1, The Old Brewery Business Centre, 75 Stour Street, Canterbury, CT1 2NR or by sending us an email to email@example.com.
14.2 Your legal rights. We are under a legal duty to supply products that are in conformity with the contract. Nothing in these terms will affect your legal rights.
14.3 Replacements and refunds. As our products are bespoke products made using images from your photography session, to your specifications, we only accept returns and offer replacements or refunds if the products do not conform to the contract or are faulty.
14.4 Your obligation to return rejected products. If you wish to exercise your legal right to reject products that do not conform to the contract or are faulty you must contact us to discuss this. You must return the products to us or make them available to us to collect and we will discuss which option is best when you contact us. We will pay the costs of postage if applicable.
14.5 How we will refund you. We will refund you the price you paid for the products including delivery costs, by the credit or debit card you used to make payment.
14.6 When your refund will be made. We will make any refunds due to you as soon as possible.
15. Our responsibility for loss or damage suffered by you
15.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are 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 we and you knew it might happen, for example, if you discussed it with us during the sales process.
15.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as set out at clause 14.2 and for defective products under the Consumer Protection Act 1987.
15.3 We are not liable for business losses. We 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.
15.4 What else we are not responsible for. We use what we consider to be modern processing techniques in our products but over time all images fade to some extent. This occurs more quickly if the images are kept in bright sunlight or not protected by glass. We will not be responsible for any deterioration in products after a reasonable time or where products are not stored appropriately by you.
16. How we may use your personal information
16.1 How we will use your personal information. We will use the personal information you provide to us:
16.1.1 to supply our photography products and services;
16.1.2 to process your payment for your booking and the products; and
16.1.3 to give you information about similar photography products and services that we provide, but you may stop receiving this at any time by contacting us.
16.2 When we may share your information with third parties. We will only give your personal information to third parties where the law either requires or allows us to do so.
17. Other important terms
17.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
17.2 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
17.3 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.
17.4 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we 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 us taking steps against you at a later date.
17.5 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. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
1.1 We are committed to safeguarding the privacy of our website visitors; in this policy we explain how we will treat your personal information.
2. Collecting personal information
2.1 We may collect, store and use the following kinds of personal information:
(a) information about your computer and about your visits to and use of this website (including your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths);
(b) information that you provide to us when registering with our website (including your name, email address, home address and telephone number);
(c) information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters (including your name and email address);
(d) information that you provide to us when using the services on our website, or that is generated in the course of the use of those services (including the timing, frequency and pattern of service use);
(e) information relating to any purchases you make of our goods / services / goods and/or services or any other transactions that you enter into through our website (including your name, address, telephone number, email address and card details);
(f) information that you post to our website for publication on the internet (including your user name, your profile pictures and the content of your posts);
(g) information contained in or relating to any communication that you send to us or send through our website (including the communication content and metadata associated with the communication);
(h) any other personal information that you choose to send to us; and
2.2 Before you disclose to us the personal information of another person, you must obtain that person's consent to both the disclosure and the processing of that personal information in accordance with this policy.
3. Using personal information
3.1 Personal information submitted to us through our website will be used for the purposes specified in this policy or on the relevant pages of the website.
3.2 We may use your personal information to:
(a) administer our website and business;
(b) personalise our website for you;
(c) enable your use of the services available on our website;
(d) send you goods purchased through our website;
(e) supply to you services purchased through our website;
(f) send statements, invoices and payment reminders to you, and collect payments from you;
(g) send you non-marketing commercial communications;
(h) send you email notifications that you have specifically requested;
(i) send you our email newsletter, if you have requested it (you can inform us at any time if you no longer require the newsletter);
(j) send you marketing communications relating to our business or the businesses of carefully-selected third parties which we think may be of interest to you, by post or, where you have specifically agreed to this, by email or similar technology (you can inform us at any time if you no longer require marketing communications);
(k) provide third parties with statistical information about our users (but those third parties will not be able to identify any individual user from that information);
(l) deal with enquiries and complaints made by or about you relating to our website;
(m) keep our website secure and prevent fraud;
(n) verify compliance with the terms and conditions governing the use of our website (including monitoring private messages sent through our website private messaging service).
3.3 If you submit personal information for publication on our website, we will publish and otherwise use that information in accordance with the licence you grant to us.
3.4 Your privacy settings can be used to limit the publication of your information on our website, and can be adjusted using privacy controls on the website.
3.5 We will not, without your express consent, supply your personal information to any third party for the purpose of their or any other third party's direct marketing.
4. Disclosing personal information
4.1 We may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this policy.
4.2 We may disclose your personal information to any member of our group of companies (this means our subsidiaries, our ultimate holding company and all its subsidiaries) insofar as reasonably necessary for the purposes set out in this policy.
4.3 We may disclose your personal information:
(a) to the extent that we are required to do so by law;
(b) in connection with any ongoing or prospective legal proceedings;
(c) in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk);
(d) to the purchaser (or prospective purchaser) of any business or asset that we are (or are contemplating) selling; and
(e) to any person who we reasonably believe may apply to a court or other competent authority for disclosure of that personal information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that personal information.
4.4 Except as provided in this policy, we will not provide your personal information to third parties.
5. International data transfers
5.1 Information that we collect may be stored and processed in and transferred between any of the countries in which we operate in order to enable us to use the information in accordance with this policy.
5.2 Information that we collect may be transferred to the following countries which do not have data protection laws equivalent to those in force in the European Economic Area: the United States of America.
5.3 Personal information that you publish on our website or submit for publication on our website may be available, via the internet, around the world. We cannot prevent the use or misuse of such information by others.
5.4 You expressly agree to the transfers of personal information described in this Section 5.
6. Retaining personal information
6.1 This Section 6 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal information.
6.2 Personal information that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
6.3 Notwithstanding the other provisions of this Section 6, we will retain documents (including electronic documents) containing personal data:
(a) to the extent that we are required to do so by law;
(b) if we believe that the documents may be relevant to any ongoing or prospective legal proceedings; and
(c) in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk).
7. Security of personal information
7.1 We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.
7.2 We will store all the personal information you provide on our secure (password- and firewall-protected) servers.
7.3 All electronic financial transactions entered into through our website will be protected by encryption technology.
7.4 You acknowledge that the transmission of information over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.
7.5 You are responsible for keeping the password you use for accessing our website confidential; we will not ask you for your password (except when you log in to our website).
8.1 We may update this policy from time to time by publishing a new version on our website.
8.2 You should check this page occasionally to ensure you are happy with any changes to this policy.
8.3 We may notify you of changes to this policy [by email or through the private messaging system on our website].
9. Your rights
9.1 You may instruct us to provide you with any personal information we hold about you; provision of such information will be subject to:
(a) the payment of a fee (currently fixed at GBP 10); and
(b) the supply of appropriate evidence of your identity [(for this purpose, we will usually accept a photocopy of your passport certified by a solicitor or bank plus an original copy of a utility bill showing your current address)].
9.2 We may withhold personal information that you request to the extent permitted by law.
9.3 You may instruct us at any time not to process your personal information for marketing purposes.
9.4 In practice, you will usually either expressly agree in advance to our use of your personal information for marketing purposes, or we will provide you with an opportunity to opt out of the use of your personal information for marketing purposes.
10. Third party websites
10.1 Our website includes hyperlinks to, and details of, third party websites.
10.2 We have no control over, and are not responsible for, the privacy policies and practices of third parties.
11. Updating information
11.1 Please let us know if the personal information that we hold about you needs to be corrected or updated.
12.2 A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.
12.3 Cookies may be either "persistent" cookies or "session" cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.
12.4 Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.
12.5 We use both session and persistent cookies on our website.
12.7 Most browsers allow you to refuse to accept cookies; for example:
(a) in Internet Explorer (version 11) you can block cookies using the cookie handling override settings available by clicking "Tools", "Internet Options", "Privacy" and then "Advanced";
(b) in Firefox (version 39) you can block all cookies by clicking "Tools", "Options", "Privacy", selecting "Use custom settings for history" from the drop-down menu, and unticking "Accept cookies from sites"; and
(c) in Chrome (version 44), you can block all cookies by accessing the "Customise and control" menu, and clicking "Settings", "Show advanced settings" and "Content settings", and then selecting "Block sites from setting any data" under the "Cookies" heading.
12.8 Blocking all cookies will have a negative impact upon the usability of many websites.
12.9 If you block cookies, you will not be able to use all the features on our website.
12.10You can delete cookies already stored on your computer; for example:
(a) in Internet Explorer (version 11), you must manually delete cookie files (you can find instructions for doing so at http://windows.microsoft.com/en-gb/internet-explorer/delete-manage-cookies#ie=ie-11);
(b) in Firefox (version 39), you can delete cookies by clicking "Tools", "Options" and "Privacy", then selecting "Use custom settings for history" from the drop-down menu, clicking "Show Cookies", and then clicking "Remove All Cookies"; and
(c) in Chrome (version 44), you can delete all cookies by accessing the "Customise and control" menu, and clicking "Settings", "Show advanced settings" and "Clear browsing data", and then selecting "Cookies and other site and plug-in data" before clicking "Clear browsing data".
12.11Deleting cookies will have a negative impact on the usability of many websites.
13. Data protection registration
13.1 We are registered as a data controller with the UK Information Commissioner's Office.
13.2 Our data protection registration number is [number].
14. Our details
14.1 This website is owned and operated by Frankie and Friends Ltd.
14.2 We are registered in England and Wales under registration number 10060875, and our registered office is at 37 St Margarets Street, Canterbury, CT1 2TU.
14.3 Our principal place of business is at 75 Stour Street, Canterbury, CT1 2NR.
14.4 You can contact us by writing to the business address given above, by using our website contact form, by email to firstname.lastname@example.org or by telephone on 01227 472 761.