ATTENTION: This legal notice applies to the entire contents of this website and to the supply of services by us any correspondence by e-mail between us and you. Please read these terms carefully before using this website. Using our website indicates that you accept these terms regardless of whether or not you choose to register with us. If you do not accept these terms, do not use this website.
You may access most areas of this website without registering your details with us. Certain areas of this website are only open to you if you register. By accessing any part of this website, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, should not use our website. We may revise this legal notice at any time by updating this posting. You should check this page from time to time to review any updates because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages.
Intellectual Property Rights and Licence
All intellectual property rights within this website or within the services provided by the company (including photos, text, graphics, logos, icons and sound recordings) are owned by or licensed to the company. Other than for the purposes of, and subject to the conditions prescribed under UK Copyright law and similar legislation that applies in your location, and except as expressly authorized by this agreement, you may not in any form or by any means:
- use, adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or
- commercialize any information, product(s) or services obtained from any part of this website without having received prior written permission from the company
If you use any of the company’s trade marks in reference to our activities, product(s) or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks in or as the whole or part of your own trademarks; in connection with activities, product(s) or services which are not ours; in a manner which may be confusing, misleading or deceptive; or in a manner that disparages us or our information, product(s) or services (including this website).
While the company endeavours to ensure that this website is available 24 hours a day, the company shall not be liable if for any reason this website is unavailable at any time or for any period.
Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the company´s control.
Visitor material and conduct
You are prohibited from posting or transmitting to or from this website any material:
- that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
- for which you have not obtained all necessary licences and/or approvals; or
- which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
- which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
You may not misuse the website (including, without limitation, by hacking). The company shall fully co-operate with any law enforcement authorities or court order requesting or directing the company to disclose the identity of, or locate anyone posting any material in breach of these terms and conditions.
Links to and from other websites
Links to third party websites on this website are provided solely for your convenience. If you use these links, you leave this website. The company has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. The company therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this website, you do so entirely at your own risk.
If you would like to link to this website, you may only do so subject to the following conditions:
- you do not remove, distort or otherwise alter the size or appearance of the company’s logo;
- you do not create a frame or any other browser or border environment around this website;
- you do not in any way imply that the company is endorsing any product(s) or services other than its own;
- you do not misrepresent your relationship with the company nor present any other false information about the company;
- you do not otherwise use any trade marks displayed on this website without express written permission from the company;
- you do not link from a website that is not owned by you; and
- your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
The company expressly reserves the right to revoke the any rights granted in these Terms and Conditions for breach of the above terms and to take any action it deems appropriate.
You shall also fully indemnify the company for any loss or damage suffered by the company or any of its group companies for breach of the above terms.
Each registration is for a single user only. The company does not permit you to share your user name and password with any other person nor with multiple users on a network.
Responsibility for the security of any passwords issued rests with you.
While the company endeavours to ensure that the information on this website is correct, the company does not warrant the accuracy and completeness of the material on this website. The company may make changes to the material on this website, or to the product(s) and prices described in it, at any time without notice. The material on this website may be out of date, and the company makes no commitment to update such material.
The material on this website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the company provides you with this website on the basis that the company excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for this legal notice might have effect in relation to this website.
The company, any other party (whether or not involved in creating, producing, maintaining or delivering this website), and any of the company´ officers, directors, employees, shareholders or agents, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in any way or in connection with:
- this website;
- the provision of services via this website;
- the use, inability to use or the results of use of this website;
- any websites linked to this website or the material on such websites;
- your downloading of any material from this website or any websites linked to this website; or
- viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this website.
Nothing in this legal notice shall exclude or limit the company´s liability for:
- death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); or
- fraud; or
- misrepresentation as to a fundamental matter; or
- any liability which cannot be excluded or limited under applicable law.
If your use of material on this website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
Our liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of this agreement is strictly limited to the price paid for the services.
Termination of access
Access to this website may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.
Governing law and jurisdiction
This legal notice shall be governed by and construed in accordance with English law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English courts.
We accept no liability for any failure to comply with this agreement where such failure is due to circumstances beyond our reasonable control.
If we waive any rights available to us under this agreement on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any of the terms of this agreement are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.
TERMS AND CONDITIONS OF SALE
IMPORTANT LEGAL NOTICE: This legal notice applies to the supply of products by Believe Photography (the company) to you (the customer). Please read these terms carefully before confirming an order. By confirming an order you indicate that you accept these terms. If you do not accept these terms please do not place your order. This notice is issued by Believe Photography.
The company may revise this legal notice at any time by updating this posting, which can be found on our website. You should check this website from time to time to review the current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at this website.
How the contract is formed between you and us
All orders are subject to availability and subject to the company’s acceptance of your order. When you place an order we will confirm the product(s) availability and price(s) and any other costs (including shipping). If the customer accepts the costs and confirms the order we will send an initial invoice and reserve the product until payment has been received. The reservation period will be at the company’s discretion and stated on the invoice. The contract between us will be formed upon payment of the invoice. The company reserves the right to reject any order without the obligation to assign any reason for so doing.
Copyright and Licence
The company retains the copyright of all products. Unless a specific license is granted by the company, you are not permitted to reproduce products, or any part of our products, in any shape or form, subject to the conditions prescribed under UK Copyright law and similar legislation that applies in your location.
All product(s) specifications are as described on the product description, shown prior to purchase. The company will review the product specifications occasionally so reserves the right to amend the specifications of any our product(s) without prior notice (with the exception of Limited Edition prints where editions have been sold previously).
Pre-ordered products in particular are subject to variations in product specification and appearance.
The company endeavours to display and describe as accurately as possible the colours of our product(s) which appear on our website or product descriptions, but cannot undertake to give any assurance that the colours of product(s) supplied will exactly match those displayed on your monitor. This is a consequence of multi-standard colour systems, notably the international screen based colour system of RGB and the print colour system of CMYK.
All products are tested and proofed by Believe to ensure accurate colour representation.
Prices and VAT
All listed prices include VAT unless stated otherwise. The current UK rate of VAT at 20% will normally be applied.
Orders sent to private customers outside the EU, or orders sent to VAT registered companies within the EU, can qualify for zero-rated VAT. If we deem this to be the case then we will adjust the price accordingly. Please check with your tax office if you are unsure if the rate applies to you.
All prices exclude shipping and additional services (e.g, framing) unless stated otherwise.
The customer must make payment immediately following receipt of the initial invoice. The time period allowed for making payment will be stated on the invoice. If we do not receive payment within the specified period we may choose to cancel the order, cancel the reservation for the allocated product, and refuse the customer future reservations for that product.
It is the customer’s responsibility to ensure that the payment, or proof of sending payment, is received by us within this time limit. Orders will not be processed until receipt of full cleared payment so it is in the customer’s interest to pay promptly.
You undertake that all details provided to the company for the purpose of the order and its delivery will be correct and that the chosen method of payment is the property of the company and that sufficient funds or credit facilities are available to cover the full cost of the product(s) ordered. The company reserves the right to obtain validation of your credit card, debit card or PayPal details before accepting your order.
Prices are in £GBP. We accept all major currencies.
Orders will normally be processed and shipped within 5 working days of receipt of cleared payment, unless stated otherwise. During periods of high demand this may be extended but we will notify the customer if we anticipate there being a longer order processing period.
The delivery address and method of delivery of the product(s) will be as shown on the invoice. The company will endeavour to process the order and manufacture the product(s) in accordance with the time periods, charges and methods described in the invoice. Any time periods quoted for delivery are indicative only. We reserve the right to refuse delivery to some unspecified destinations.
You must inspect the product(s) on delivery and, in the case where product(s) have been delivered by carrier, sign the required proof of delivery document or collection acceptance document. A signature on that document will constitute receipt of the associated order free from any apparent defect or damage. If the product(s) are alleged to be damaged or defective on delivery, a description of the alleged damage or defect must be given in writing at the time of delivery and signed by you or on your behalf.
Where a signature is required for proof of delivery you are responsible for ensuring that you, or an authorised recipient, is available at the time of delivery. If the item is subsequently returned to the company, and we have provided sufficient prior notification for that delivery, we may incur an additional charge for any subsequent re-delivery attempt which we will pass on to the customer.
Refunds and Returns
The company may provide a refund upon its own discretion unless a legal act states it must in certain circumstances. Customers are entitled to a refund of the cost of their order excluding postage costs if the product(s) cannot be replaced in a satisfactory or timely manner. The company is entitled to attempt to replace any faulty or unsatisfactory products before a refund is considered.
The company will not refund any digital goods once sent from our servers. Unless the customer can prove they didn’t receive the product at all by way of legally valid documentation, then a refund will not be considered. In the case that you didn’t receive a digital file, we will resend the product free of charge if we are told of the issue within 14 days of non-delivery.
Please note that orders destined for outside the EU are sometimes subject to import taxes, payable by the customer. Please check www.dutycalculator.com for a free estimate.
If an order is damaged in transit please do not sign for acceptance of the delivery. We will require the courier to return the damaged product to us so that we can send a replacement or issue a refund accordingly.
If an order is confirmed lost or stolen in transit we will issue a replacement (subject to availability of further editions).
Rights of cancellation
The customer has the right to request cancellation of an order in accordance with the UK Sales of Goods Act. If you wish to request cancellation please contact us. Please note that bespoke items or items produced on demand are not covered by Distance Selling Regulations.
Believe Photography (“We” “the company”) is committed to protecting and respecting your privacy.
This policy (together with our terms and conditions and any other documents referred to on it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
For the purpose of the Data Protection Act 1998 (the “Act”), the data controller is Believe Photography registered office address Units 1-3, 11 Regal Lane, Soham, Cambridgeshire, CB7 5BA.
Information we may collect from you
We may collect and process the following data about you:
- Information that you provide directly within our website.This includes information provided at the time of registering to use our site, subscribing to our service, posting material, promotions or requesting further services. We may also ask you for information when you report a problem with our site.
- If you contact us, we may keep a record of that correspondence.
- We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
- Details of transactions you carry out through our site and of the fulfilment of your orders.
- Details of your visits to our site including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access.
IP addresses and cookies
We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.
For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer’s hard drive. They help us to improve our site and to deliver a better and more personalised service. They enable us:
- To estimate our audience size and usage pattern.
- To store information about your preferences, and so allow us to customise our site according to your individual interests.
- To speed up your searches.
- To recognise you when you return to our site.
Where we store your personal data
All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted using SSL technology. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
Uses made of the information
We use information held about you in the following ways:
- To ensure that content from our site is presented in the most effective manner for you and for your computer.
- To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.
- To carry out our obligations arising from any contracts entered into between you and us.
- To allow you to participate in interactive features of our service, when you choose to do so.
- To notify you about changes to our service.
If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale to you. If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this.
If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your data (the [order form OR registration form]).
Disclosure of your information
We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 736 of the UK Companies Act 1985.
We may disclose your personal information to third parties:
- If we employ other companies and individuals to perform functions on our behalf. Examples include fulfilling orders, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analysing data, providing marketing assistance, providing search results and links (including paid listings and links), processing credit card payments and providing customer service. They have access to personal information needed to perform their functions, but may not use it for other purposes. Further, they must process the personal information in accordance with this Privacy Notice and as permitted by the Act.
- In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
- If the company or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.</li><li>If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms and conditions of supply and other agreements; or to protect the rights, property, or safety of the company, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
You have the right to ask us not to process your personal data for marketing purposes. We will endeavour to inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us.
Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
Access to information
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.