Terms of use and Privacy Policy

means intellectual property of every sort, whether or not registered or registrable in any country, including intellectual property of kinds coming into existence after today; and including, among others, designs, copyrights, software, discoveries, know-how, together with all rights which are derived from those rights.

"Post"

means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on to Our Website, and the phrases "Posted" and "Posting" shall be interpreted accordingly.

“Specified Goods”

“Our Website”

means Goods which have been subject to work or process to your specific order.

means any website of ours, and includes all web pages controlled by us.

Interpretation

Unless the context clearly requires otherwise, the interpretation of this agreement shall be subject to the matters listed below.

1. a reference to one gender shall include any or all genders and a reference to the singular may be interpreted where appropriate as a reference to the plural and vice versa.
2. a reference to a person includes a human individual, a corporate entity and any organisation which is managed or controlled as a unit.
3. the headings to the paragraphs of this agreement are inserted for convenience only and do not affect the interpretation.
4. in the context of permission, “may not” in connection with an action of yours, means “must not”.
5. any agreement by either party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.
6. a reference to an act or regulation includes new law of substantially the same intent as the act or regulation referred to.
7. in any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party, [such cost calculated £100 per hour].
8. these terms and conditions apply to all supplies of Goods by us to you. They prevail over any terms proposed by you.
Our contract with you
1. This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.
2. Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty, information or document or other term not forming part of this agreement.
3. If you use Our Website in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.
4. Because we rely on our suppliers,We do not guarantee that Goods advertised on Our Website are available
5. We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Goods. We advise you to print a copy for your records.
6. The price of Goods may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time when you buy those Goods.
7. If in future, you buy Goods from us under any arrangement which does not involve your payment via Our Website, these terms still apply so far as they can be applied.
Acceptance of your order
1. This paragraph applies to Goods which you buy from us as advertised, without change to your specific requirements.
2. Your order is an offer to buy from us.

AND EITHER

1. Nothing that we do or say will amount to any acceptance of your offer until we actually dispatch the Goods to you. [At any point up until then, we may decline to supply the Goods to you without giving any reason].

AND

1. At any time before the Goods are despatched, we may decline to supply the Goods to you without giving any reason.
2. If we do not have all of the Goods you order in stock, we will offer you alternatives. If this happens you may:
  1. accept the alternatives we offer;
  2. cancel all or part of your order.
Extra Work and approval of Proof / Sample
1. This paragraph applies to Specified Goods.
2. Our contract to supply Specified Goods is a contract for both the supply of Goods and the Extra Work you have asked us to do.
3. Nothing said or done by us is an acceptance of an order until we confirm clear acceptance in writing, giving you details of our understanding of your exact requirements. [At any point up until then, we may decline your order without giving any reason]. From that time, we are both bound to these contract terms.
4. Within 21 days of entering into this contract we will submit proof to you for approval.
5. If you wish to make any change to the specification of the Extra Work, you must pay us the sum we estimate that the change will cost us, based on our then current charging rates.
6. If you terminate this agreement before the Specified Goods are complete, you agree to pay us for all of the Extra Work to the date of cancellation by you. In addition you will pay us a mark-up of 30% of the total cost of Extra Work.
Prices
1. Prices for Specified Goods are available on enquiry, either through Our Website or by telephone.
2. It is possible that the price may have increased from that posted on Our Website. If that happens, we will not dispatch the Goods until you have confirmed that you wish to buy at the new price.
3. Prices include UK value added tax.
Payment
1. [We will not split an order. We require the full price of your order before we will send any part of it].
2. Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than Pounds Sterling will be borne by you.
3. [Any information given by us in relation to exchange rates are approximate only and may vary from time to time].
4. If, by mistake, we have under-priced Goods, we will not be liable to supply those Goods to you at the stated price, provided that we notify you before we dispatch it to you.
5. The price of the Goods does not include the delivery charge which will be charged at the rates applicable at the date you place your order and which will be displayed on a page of Our Website before we ask you to pay.
6. If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than [14] days from the date when we accept that repayment is due.
Security of your credit card

We take care to make Our Website safe for you to use.

1. Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
Cancellation and refunds

Please note that this paragraph does not apply to any Specified Goods you order through Our Website.

This and the following paragraph apply if you buy as a consumer as defined in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Provided the Regulations apply to the transaction concerned, then the following terms apply to the contract.

1. We now inform you that information relating to all aspects of our Goods is not in this document but in our marketing material, whether that is in the medium of Our Website or in hard copy.
2. The following rules apply to cancellation of your order:
  1. If you have ordered Goods, but not received them, you may cancel your order without giving a reason, at any time within 14 days of your order. You will have no obligation and we will return your money.
  2. If you have ordered Goods, and received them, you may cancel your order at any time within 14 days of the date you received them. You must tell us that you wish to cancel. You must also send the Goods back to us within that same 14 day period.
  3. We will return your money subject to the following conditions:
    1. we receive the Goods in a condition in which we can re-sell them at full price, in new condition, with labels and packaging intact.
    2. you comply with our procedure for returns and refunds. We cannot return your money unless we know who sent them.
3. The option to cancel your order is not available:
  1. if you purchase sealed goods which relate to health or hygiene, and they become unsealed after delivery, or cannot be re-sold for some other reason;
  2. if they are a hard medium for a product in soft copy, which comes to you sealed and is returned to us unsealed.
  3. If the Goods are somehow mixed with other goods so that we cannot identify or easily separate them.
4. You are responsible for the cost of returning the Goods. We have no obligation to refund to you, your cost of re-packing and returning the Goods.
5. In any of the above scenarios, we will return your money within 14 days.
Liability for subsequent defects
1. Please examine the Goods received from us immediately you receive them. If you do not tell us of any defect or problem within 30 days of receipt of the Goods, we shall assume that you have accepted them.
2. The procedure to return the faulty Goods is as follows:
  1. the Goods must be returned to us as soon as any defect is discovered but not later than six months from receipt by you.
3. We will return your money subject to the following conditions:
  1. we receive the Goods with labels and packaging intact.
  2. you comply with our returns procedure. We cannot return your money unless we know who sent them.
  3. you tell us clearly what is the fault you complain of, when it first became apparent, and other information to enable us to identify or reproduce it.
4. If any defect is found, then we shall:
  1. repair or replace the Goods, or
  2. refund the full cost you have paid including the cost of returning the Goods.
Delivery
1. Goods are delivered within [30] days from the day you place an order to purchase the Goods.
2. [You may collect your Goods from our shop at
3. Delivery of Goods will be made by the carrier to the address stipulated in your order. You must ensure that someone is present to accept delivery.
4. If we are not able to deliver your Goods within [30] days of the date of your order, we shall notify you by e-mail to arrange another date for delivery.
5. We may deliver the Goods in instalments if they are not all available at the same time for delivery.
6. Goods are sent at our risk until signed for by you or by any other person at the address you have given to us [unless you have instructed us in the order process that you wish us to leave the Goods without an acceptance signature (for example: “leave it in the garage”)].
7. [Goods are sent by post. We will send you a message by email to tell you when we have despatched your order.]
8. All Goods must be signed for on delivery by an adult aged 18 years or over. If no one of that age is at the address when the delivery is attempted the Goods may be retained by the driver. When your Goods arrive it is important that you check immediately the condition and quantity. If your Goods have been damaged in transit, you must refuse the delivery and immediately contact us so that we may dispatch a replacement quickly and minimise your inconvenience.
9. Signing "Unchecked", "Not Checked" or similar is not acceptable.
10. If we agree with you to deliver on a particular day or at a particular time, we will do our best to comply. But no time given is to be treated as contractual. So we are not liable to you for any expense or inconvenience you incur on account of delayed delivery or non-delivery.
11. Some Goods will be delivered direct from the manufacturer who will contact you to arrange delivery. When delivery of the Goods has been arranged directly with the manufacturer, you will be subject to the manufacturer's delivery policy.
12. Some Goods are so large and heavy that delivery times may be slightly longer. In this case, approximate delivery dates will be given when you place your order.
13. Time for delivery specified on the order, if any, is an estimate only and time shall not be of the essence.
14. We are happy for you to pick up Goods from our shop/ showroom provided you make an appointment in advance and payment has been received into our bank. [A cheque on arrival is not acceptable].
15. If you pick up Goods from our premises then:
  1. we will not be able to assist you in loading heavy items;
  2. Goods are at your risk from the moment they are picked up by you or your Carrier from our shop / warehouse;
  3. you agree that you are responsible for everything that happens after you take possession of the Goods, both on and off our premises, including damage to property of any sort, belonging to any person.
Foreign taxes and duties
1. If you are not in the UK, we have no knowledge of, and no responsibility for, the laws in your country.
2. You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.
3. Despite any of the Goods remaining our property, you may sell or use the Goods in the ordinary course of your business at full market value for our account.
4. Any sale or dealing shall be a sale or use of our Goods by you on your own behalf, so that you deal as principal and not as agent for us.
5. Until title to the Goods passes from us the entire proceeds of sale of the Goods shall be held in trust for us and shall not be mixed with other money or paid into any overdrawn bank account and shall be at all material times identified as our money.
6. We shall be entitled to recover the price notwithstanding that property in any of the Goods has not passed from us.
7. If we ask you to return Goods unsold you must do so.
8. If, when asked, you fail to return the Goods, we may enter to your premises and repossess the Goods.
9. You must not pledge or in any way charge by way of security any of the Goods which are our property. Without prejudice to our other rights, if you do so, all money owing to us shall immediately become due and payable.
10. You must keep the Goods insured to their full value against ‘all risks' to our reasonable satisfaction until sold on by you.
11. If, when we ask, you fail to deliver to us a copy of your insurance policy covering risks to the Goods, all money owing by you to us shall immediately become due and payable.
12. While ever we have title to any of the Goods, which you have attached to or incorporated into new goods, then:
  1. 12.12.1.title to the new goods shall vest in us;
  2. 12.12.2.you shall hold such goods as bailee of and to the order of us until we have received payment in full.
  3. 12.12.3.all our rights in relation to the Goods (including our rights under this agreement) shall extend to such new goods.
13. You must promptly deliver the prescribed particulars of this contract to the Companies Registrar in accordance with the Companies Act 2006 Part 25 as amended. Without prejudice to our other rights, if you fail to do so all sums whatever owing by you to us shall immediately become due and payable.
Goods returned

These provisions apply if you buy from us other than being a Consumer. The following rules apply to return the faulty Goods:

We do not accept returns unless there was a defect in the Goods at the time of purchase, or we have agreed in correspondence that you may return them.
Before you return Goods to us, please carefully re-read the instructions and check that you have assembled it correctly and complied with any provisions relating to the power supply, plugs and sockets.
So far as possible, Goods should be returned:
1. with both Goods and all packaging as far as possible in their original condition;
2. securely wrapped;
3. including our delivery slip or [manufacturer’s delivery slip];
4. at your risk and cost.
The procedure for return of Goods is set out on Our Website. If you do not follow this procedure, we may be unable to identify you as the sender of the Goods.

1. You must tell us by email message to sk@skphotoart.co.uk you that you would like to return Goods, specifying exactly what Goods and when purchased, and giving full details of the defect or other reason for return. We will then issue a returns note. If you send Goods to us without a returns note, we may not be able to identify sufficient details to enable us to attend to your complaint.

1. Detailed instructions for returning faulty Goods are on Our Website at [URL]. Please note in particular that we cannot deal with your complaint unless you return the entire Goods that you bought: that is to say, with all components and parts and in the original packaging.
2. In returning faulty Goods please encloses with it a note clearly stating the fault and when it arises or arose.
3. If we agree that the Goods are faulty, we will:
  1. refund the cost of return carriage;
  2. repair or replace the Goods as we choose.
4. If we repair or replace the Goods, you have no additional claim against us either under this agreement or by statute or common law, in respect of the defect.
How we handle your Content
1. Our privacy policy is strong and precise. It complies fully with current UK law.
2. If you Post Content to any public area of Our Website it becomes available to the public domain. We have no control who sees it nor what anyone does with it.
3. We need the freedom to be able to publicise our services and your own use of them. You therefore now irrevocably grant to us the right and licence to edit, copy, publish, distribute, translate and otherwise use any Content that you place on Our Website, throughout the World and in any medium. You represent and warrant that you are authorised to grant all such rights.
4. We will use that licence only for commercial purposes of the business of Our Website and will stop using it after a commercially reasonable period of time.
5. You agree to waive your right to be identified as the author and your right to object to derogatory treatment of your work as provided in the Copyright, Designs and Patents Act 1988 s80.
6. [You now irrevocably authorise us to publish feedback, comments and ratings about your activity through Our Website, even though it may be defamatory or critical.]
7. Posting Content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
8. You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you;
9. You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
10. Please notify us of any security breach or unauthorised use of your account.
11. [We do not solicit ideas or text for improvement of our service, but if you do send to us material of any sort, you are deemed to have granted to us a licence to use it in the terms set out at sub paragraph [number] above.]
Restrictions on what you may Post to Our Website

We invite you to Post Content to Our Website in several ways and for different purposes. We have to regulate your use of Our Website to protect our business and our staff, to protect other users of Our Website and to comply with the law. These provisions apply to all users of Our Website.

We do not undertake to moderate or check every item Posted, but we do protect our business vigorously. If we believe Content Posted breaches the law, we shall co-operate fully with the law enforcement authorities in whatever ways we can.

You agree that you will not use or allow anyone else to use Our Website to Post Content or undertake any activity which is or may:

1. be unlawful, or tend to incite another person to commit a crime;
2. consist in commercial audio, video or music files;
3. be sexually explicit or pornographic;
4. be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
5. give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business;
6. be made on behalf of some other person, or impersonate another person;
7. request or collect passwords or other personal information from another user without his permission, nor Post any unnecessary personal information about yourself;
8. be used to sell any goods or services or for any other commercial use not intended by us, for yourself or for any other person. Examples are: sending private messages with a commercial purpose, or collecting information with the intention of passing it to a third party for his commercial use;
9. include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;
10. link to any of the material specified in this paragraph;
11. use distribution lists that include people who have not given specific permission to be included in such distribution process;
12. send age-inappropriate communications or Content to anyone under the age of 18.
Your Posting: restricted content

In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.

In addition to the restrictions set out above, a Posting must not contain:

1. hyperlinks, other than those specifically authorised by us;
2. keywords or words repeated, which are irrelevant to the Content Posted.
3. the name, logo or trademark of any organisation other than yours.
4. inaccurate, false, or misleading information;
Removal of offensive Content
1. For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website for any purpose.
2. We are under no obligation to monitor or record the activity of any user of Our Website for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
3. If you are offended by any Content, the following procedure applies:
4. your claim or complaint must be submitted to us in the form available on Our Website, or contain the same information as that requested in our form. It must be sent to us by post or email.
  1. we shall remove the offending Content as soon as we are reasonably able;
  2. after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;
  3. we may re-instate the Content about which you have complained or we may not.
5. In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
6. you now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.
Security of Our Website

If you violate Our Website we shall take legal action against you.

You now agree that you will not, and will not allow any other person to:

1. modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
2. link to Our Website in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;
3. download any part of Our Website, without our express written consent;
4. collect or use any product listings, descriptions, or prices;
5. collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
6. aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of Our Website;
7. share with a third party any login credentials to Our Website;
8. Despite the above terms, we now grant a licence to you to:
  1. create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
  2. you may copy the text of any page for your personal use in connection with the purpose of Our Website.
Disclaimers
1. The law differs from one country to another. This paragraph applies to sales throughout the EU.
2. All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
3. We make no representation or warranty for:
  1. any implied warranty or condition as to merchantability or fitness of the Goods for a particular purpose;
  2. the adequacy or appropriateness of the Goods for your purpose.
4. We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.
5. You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 12 month period for the Goods concerned.
6. We shall not be liable to you for any loss or expense which is:
  1. indirect or consequential loss; or
  2. economic loss or other loss of turnover, profits, business or goodwill, even if such loss was reasonably foreseeable or we knew you might incur it.
7. This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies (who may enforce this provision under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017, as well as to us.
8. If you become aware of any breach of any term of this agreement by any person, please tell us by [state action required]. We welcome your input [but do not guarantee to agree with your judgement.]

1. The law differs from one country to another. This paragraph applies so far as the applicable law allows.
2. All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
3. We make no representation or warranty for:
  1. the quality of the Goods;
  2. any implied warranty or condition as to merchantability or fitness of the Goods for a particular purpose;
  3. the correspondence of the Goods with any description;
  4. the adequacy or appropriateness of the Goods for your purpose.
4. We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.
5. We shall not be liable to you for any loss or expense arising out of or in connection with your use of Our Website, which is indirect or consequential loss, or economic loss or other loss of turnover, profits, business or goodwill. This applies whether in an action of contract, negligence or otherwise, even if such loss was reasonably foreseeable or we knew you might incur it.
6. We make no representation or warranty and accept no responsibility in law for:
  1. 19.14.1.accuracy of any Content or the impression or effect it gives;
  2. 19.14.2.delivery of Content, material or any message;
  3. 19.14.3.privacy of any transmission;
  4. 19.14.4.any act or omission of any person or the identity of any person who introduces himself to you through Our Website;
  5. 19.14.5.any aspect or characteristic of any goods or services advertised on Our Website;
7. Our Website includes Content Posted by third parties. We are not responsible for any such Content. If you come across any Content which offends you, please contact us via the “Contact us” page on Our Website.
8. We will do all we can to maintain access to Our Website, but it may be necessary for us to suspend all or part of our service for repairs, maintenance or other good reasons. We may do so without telling you first.
9. This paragraph (and any other paragraph which excludes or restricts our liability or provides an indemnity to us) applies to our directors, officers, employees, subcontractors, agents and affiliated companies, as well as to us. Any of them may enforce this provision under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017.
10. Nothing in this agreement excludes liability for a party's fraud.
Your account with us
1. You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods.
2. If you use the website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your computer.
3. You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.
Indemnity

You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:

1. your failure to comply with the law of any country;
2. your breach of this agreement;
3. any act, neglect or default by any agent, employee, licensee or customer of yours;
4. a contractual claim arising from your use of the Goods;
5. a breach of the intellectual property rights of any person.
Intellectual Property
1. Copyright works owned by you or a third party are unaffected by this agreement.
2. The Intellectual Property in all work we do in the process leading to completion of the Specified Goods and in the completed Specified Goods belongs to us.
3. If you change or create derivative versions of the Specified Goods, the Intellectual Property in those changed or derived versions also belongs to us.
4. We now grant an exclusive license to you to use the Intellectual Property in the Specified Goods for a period of 99 years. You may not assign this licence except by way of sale or transfer of the Specified Goods.
Dispute resolution

In this paragraph the term “ADR Provider” means an approved body under the Alternative Dispute Resolution for Consumer Dispute Regulations 2015.

The following terms apply in the event of a dispute between the parties:

1. If you are not happy with our services or have any complaint then you must tell us by email message to sk@skphotoart.co.uk.
2. If a dispute is not settled as set out above, we hope you will agree to attempt to resolve it by engaging in good faith with us in a process of mediation or arbitration.
3. We can propose an ADR Provider or will listen to your proposal. If you are in any way concerned, you should read the regulations at: http://ec.europa.eu/consumers/odr/.
Miscellaneous matters
1. When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
2. Where we provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other goods or service for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service.
3. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
4. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
5. Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
6. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
7. Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail.

It shall be deemed to have been delivered:

if delivered by hand: on the day of delivery;

if sent by post to the correct address: within 72 hours of posting;

If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender. [Take care before agreeing to accept service by e-mail. It may be convenient, but you could miss or accidentally delete the message]

1. This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017 or otherwise.
2. We shall not be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond our reasonable control, [including any labour dispute between a party and its employees].
3. In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
4. The validity, construction and performance of this agreement shall be governed by the laws of [England and Wales / Scotland / Northern Ireland] and you agree that any dispute arising from it shall be litigated only in that country.

Notice of right of cancellation: Right to Cancel and Model Cancellation Form

Information about your statutory right to cancel

Your right to cancel

Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you have the right to cancel this contract within 14 days without giving any reason.

The cancellation period will expire 14 days after the contract was made. That means you can cancel before you have downloaded the product or we have delivered it to you.

How to cancel

To meet the cancellation deadline, it is enough for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement, sent to us by post or e-mail.

You may use the attached model cancellation form, but you can use your own words as long as your intention is clear.

Model cancellation form

To [here enter the trader’s name, geographical address and, where available, fax number and e-mail address are to be inserted by the trader]:

I/We hereby give notice that I/we cancel my/our contract of sale of the following products [enter details of goods and any reference].

Ordered on [date]/received on [date],

Name: [enter name or names in which the order was made],

Address: [enter your address],

Signature: (only if this form is notified on paper)

Date: [date]

Website privacy noticePrivacy Notice

This is the privacy notice of SKphotoART. In this document, "we", "our", or "us" refer to SKphotoART.

We are company number [company registration number] registered in Great Britan.

Our registered office is at 17 Jaxons court, Hallgate, WN1 1LR

Introduction

This is a notice to inform you of our policy about all information that we record about you. It sets out the conditions under which we may process any information that we collect from you, or that you provide to us. It covers information that could identify you (“personal information”) and information that could not. In the context of the law and this notice, “process” means collect, store, transfer, use or otherwise act on information.
We regret that if there are one or more points below with which you are not happy, your only recourse is to leave our website immediately.
We take seriously the protection of your privacy and confidentiality. We understand that all visitors to our website are entitled to know that their personal data will not be used for any purpose unintended by them, and will not accidentally fall into the hands of a third party.
We undertake to preserve the confidentiality of all information you provide to us, and hope that you reciprocate.
Our policy complies with UK law accordingly implemented, including that required by the EU General Data Protection Regulation (GDPR).
The law requires us to tell you about your rights and our obligations to you in regards to the processing and control of your personal data. We do this now, by requesting that you read the information provided at www.knowyourprivacyrights.org
Except as set out below, we do not share, or sell, or disclose to a third party, any information collected through our website.

The bases on which we process information about you

The law requires us to determine under which of six defined bases we process different categories of your personal information, and to notify you of the basis for each category.

If a basis on which we process your personal information is no longer relevant then we shall immediately stop processing your data.

If the basis changes then if required by law we shall notify you of the change and of any new basis under which we have determined that we can continue to process your information.

Information we process because we have a contractual obligation with you

When you create an account on our website, buy a product or service from us, or otherwise agree to our terms and conditions, a contract is formed between you and us.

In order to carry out our obligations under that contract we must process the information you give us. Some of this information may be personal information.

We may use it in order to:

verify your identity for security purposes
sell products to you
provide you with our services
provide you with suggestions and advice on products, services and how to obtain the most from using our website

We process this information on the basis there is a contract between us, or that you have requested we use the information before we enter into a legal contract.

Additionally, we may aggregate this information in a general way and use it to provide class information, for example to monitor our performance with respect to a particular service we provide. If we use it for this purpose, you as an individual will not be personally identifiable.

We shall continue to process this information until the contract between us ends or is terminated by either party under the terms of the contract.

Information we process with your consent

Through certain actions when otherwise there is no contractual relationship between us, such as when you browse our website or ask us to provide you more information about our business, including our products and services, you provide your consent to us to process information that may be personal information.

Wherever possible, we aim to obtain your explicit consent to process this information, for example, by asking you to agree to our use of cookies.

Sometimes you might give your consent implicitly, such as when you send us a message by e-mail to which you would reasonably expect us to reply.

Except where you have consented to our use of your information for a specific purpose, we do not use your information in any way that would identify you personally. We may aggregate it in a general way and use it to provide class information, for example to monitor the performance of a particular page on our website.

If you have given us explicit permission to do so, we may from time to time pass your name and contact information to selected associates whom we consider may provide services or products you would find useful.

We continue to process your information on this basis until you withdraw your consent or it can be reasonably assumed that your consent no longer exists.

You may withdraw your consent at any time by instructing us sk@skphotoart.co.uk. However, if you do so, you may not be able to use our website or our services further.

Information we process for the purposes of legitimate interests

We may process information on the basis there is a legitimate interest, either to you or to us, of doing so.

Where we process your information on this basis, we do after having given careful consideration to:

- whether the same objective could be achieved through other means
- whether processing (or not processing) might cause you harm
- whether you would expect us to process your data, and whether you would, in the round, consider it reasonable to do so

For example, we may process your data on this basis for the purposes of:

- record-keeping for the proper and necessary administration of our © Tave Corporation
- responding to unsolicited communication from you to which we believe you would expect a response
- protecting and asserting the legal rights of any party
- insuring against or obtaining professional advice that is required to manage SKphotoART risk
- protecting your interests where we believe we have a duty to do so

Information we process because we have a legal obligation

We are subject to the law like everyone else. Sometimes, we must process your information in order to comply with a statutory obligation.

For example, we may be required to give information to legal authorities if they so request or if they have the proper authorisation such as a search warrant or court order.

This may include your personal information.

Specific uses of information you provide to us

Information provided on the understanding that it will be shared with a third party

Our website allows you to post information with a view to that information being read, copied, downloaded, or used by other people.

Examples include:

posting a message our forum
tagging an image
clicking on an icon next to another visitor’s message to convey your agreement, disagreement or thanks

In posting personal information, it is up to you to satisfy yourself about the privacy level of every person who might use it.

We do not specifically use this information except to allow it to be displayed or shared.

We do store it, and we reserve a right to use it in the future in any way we decide.

Once your information enters the public domain, we have no control over what any individual third party may do with it. We accept no responsibility for their actions at any time.

Provided your request is reasonable and there is no legal basis for us to retain it, then at our discretion we may agree to your request to delete personal information that you have posted. You can make a request by contacting us at sk@skphotoart.co.uk

Complaints regarding content on our website

If you complain about any of the content on our website, we shall investigate your complaint.

If we feel it is justified or if we believe the law requires us to do so, we shall remove the content while we investigate.

Free speech is a fundamental right, so we have to make a judgment as to whose right will be obstructed: yours, or that of the person who posted the content that offends you.

If we think your complaint is vexatious or without any basis, we shall not correspond with you about it.

Information relating to your method of payment

Payment information is never taken by us or transferred to us either through our website or otherwise. Our employees and contractors never have access to it.

At the point of payment, you are transferred to a secure page on the website of Stripe, Paypal or some other reputable payment service provider. That page may be branded to look like a page on our website, but it is not controlled by us.

Information about your direct debit

When you agree to set up a direct debit arrangement, the information you give to us is passed to our own bank [name of bank] for processing according to our instructions. We [do / do not] keep a copy.

[We keep this information only for the duration of the direct debit arrangement.]

Job application and employment

If you send us information in connection with a job application, we may keep it for up to [three years] in case we decide to contact you at a later date.

If we employ you, we collect information about you and your work from time to time throughout the period of your employment. This information will be used only for purposes directly relevant to your employment. After your employment has ended, we will keep your file for [six years] before destroying or deleting it.

Sending a message to our support team

When you contact us, whether by telephone, through our website or by e-mail, we collect the data you have given to us in order to reply with the information you need.

We record your request and our reply in order to increase the efficiency of our business

We keep personally identifiable information associated with your message, such as your name and email address so as to be able to track our communications with you to provide a high quality service.

Complaining

When we receive a complaint, we record all the information you have given to us.

We use that information to resolve your complaint.

If your complaint reasonably requires us to contact some other person, we may decide to give to that other person some of the information contained in your complaint. We do this as infrequently as possible, but it is a matter for our sole discretion as to whether we do give information, and if we do, what that information is.

We may also compile statistics showing information obtained from this source to assess the level of service we provide, but not in a way that could identify you or any other person.

Affiliate and business partner information

This is information given to us by you in your capacity as an affiliate of us or as a business partner.

It allows us to recognise visitors that you have referred to us, and to credit to you commission due for such referrals. It also includes information that allows us to transfer commission to you.

The information is not used for any other purpose.

We undertake to preserve the confidentiality of the information and of the terms of our relationship.

We expect any affiliate or partner to agree to reciprocate this policy.

Use of information we collect through automated systems when you visit our website

Cookies

Cookies are small text files that are placed on your computer's hard drive by your web browser when you visit any website. They allow information gathered on one web page to be stored until it is needed for use on another, allowing a website to provide you with a personalised experience and the website owner with statistics about how you use the website so that it can be improved.

Some cookies may last for a defined period of time, such as one day or until you close your browser. Others last indefinitely.

Your web browser should allow you to delete any you choose. It also should allow you to prevent or limit their use.

Our website uses cookies. They are placed by software that operates on our servers, and by software operated by third parties whose services we use.

When you first visit our website, we ask you whether you wish us to use cookies. If you choose not to accept them, we shall not use them for your visit except to record that you have not consented to their use for any other purpose.

If you choose not to use cookies or you prevent their use through your browser settings, you will not be able to use all the functionality of our website.

We use cookies in the following ways:

to track how you use our website
to record whether you have seen specific messages we display on our website
to keep you signed in our site
to record your answers to surveys and questionnaires on our site while you complete them
to record the conversation thread during a live chat with our support team

[We provide more information about the cookies we use in our cookie policy].

Personal identifiers from your browsing activity

Requests by your web browser to our servers for web pages and other content on our website are recorded.

We record information such as your geographical location, your Internet service provider and your IP address. We also record information about the software you are using to browse our website, such as the type of computer or device and the screen resolution.

We use this information in aggregate to assess the popularity of the webpages on our website and how we perform in providing content to you.

If combined with other information we know about you from previous visits, the data possibly could be used to identify you personally, even if you are not signed in to our website.

Our use of re-marketing

Re-marketing involves placing a cookie on your computer when you browse our website in order to be able to serve to you an advert for our products or services when you visit some other website.

We may use a third party to provide us with re-marketing services from time to time. If so, then if you have consented to our use of cookies, you may see advertisements for our products and services on other websites.

Disclosure and sharing of your information

Information we obtain from third parties

Although we do not disclose your personal information to any third party (except as set out in this notice), we sometimes receive data that is indirectly made up from your personal information from third parties whose services we use.

No such information is personally identifiable to you.

Third party advertising on our website

Third parties may advertise on our website. In doing so, those parties, their agents or other companies working for them may use technology that automatically collects information about you when their advertisement is displayed on our website.

They may also use other technology such as cookies or JavaScript to personalise the content of, and to measure the performance of their adverts.

We do not have control over these technologies or the data that these parties obtain. Accordingly, this privacy notice does not cover the information practices of these third parties.

Credit reference

To assist in combating fraud, we share information with credit reference agencies, so far as it relates to clients or customers who instruct their credit card issuer to cancel payment to us without having first provided an acceptable reason to us and given us the opportunity to refund their money.

Data may be processed outside the European Union

Our websites are hosted in United States.

We may also use outsourced services in countries outside the European Union from time to time in other aspects of our business.

Accordingly data obtained within the UK or any other country could be processed outside the European Union.

For example, some of the software our website uses may have been developed in the United States of America or in Australia.

We use the following safeguards with respect to data transferred outside the European Union:

the processor is within the same corporate group as our business or organisation and abides by the same binding corporate rules regarding data processing.
the data protection clauses in our contracts with data processors include transfer clauses written by or approved by a supervisory authority in the European Union, United Kingdom
we comply with a code of conduct approved by a supervisory authority in the European Union, United Kingdom
we are certified under an approved certification mechanism as provided for in the GDPR
both our organisation and the processor are public authorities between whom there is either a legally binding agreement or administrative arrangements approved by a supervisory authority in the European Union relating to protection of your information

Access to your own information

Access to your personal information
1. At any time you may review or update personally identifiable information that we hold about you, by signing in to your account on our website.
2. To obtain a copy of any information that is not provided on our website you may send us a request at sk@skphotoart.co.uk.
3. After receiving the request, we will tell you when we expect to provide you with the information, and whether we require any fee for providing it to you.
Removal of your information

If you wish us to remove personally identifiable information from our website, you may contact us at sk@skphotoart.co.uk.

This may limit the service we can provide to you.

Verification of your information

When we receive any request to access, edit or delete personal identifiable information we shall first take reasonable steps to verify your identity before granting you access or otherwise taking any action. This is important to safeguard your information.

Other matters

Use of site by children
1. We do not sell products or provide services for purchase by children, nor do we market to children.
2. If you are under 18, you may use our website only with consent from a parent or guardian
3. We collect data about all users of and visitors to these areas regardless of age, and we anticipate that some of those users and visitors will be children.
4. Such child users and visitors will inevitably visit other parts of the site and will be subject to whatever on-site marketing they find, wherever they visit.
Encryption of data sent between us

We use Secure Sockets Layer (SSL) certificates to verify our identity to your browser and to encrypt any data you give us.

Whenever information is transferred between us, you can check that it is done so using SSL by looking for a closed padlock symbol or other trust mark in your browser’s URL bar or toolbar.

How you can complain
1. If you are not happy with our privacy policy or if have any complaint then you should tell us by email. Our address is sk@skphotoart.co.uk.
2. If a dispute is not settled then we hope you will agree to attempt to resolve it by engaging in good faith with us in a process of mediation or arbitration.
3. If you are in any way dissatisfied about how we process your personal information, you have a right to lodge a complaint with the Information Commissioner's Office. This can be done at https://ico.org.uk/concerns/
Retention period for personal data

Except as otherwise mentioned in this privacy notice, we keep your personal information only for as long as required by us:

1. to provide you with the services you have requested;
2. to comply with other law, including for the period demanded by our tax authorities;
3. to support a claim or defence in court.
Compliance with the law

Our privacy policy has been compiled so as to comply with the law of every country or legal jurisdiction in which we aim to do business. If you think it fails to satisfy the law of your jurisdiction, we should like to hear from you.

However, ultimately it is your choice as to whether you wish to use our website.

Review of this privacy policy

We may update this privacy notice from time to time as necessary. The terms that apply to you are those posted here on our website on the day you use our website. We advise you to print a copy for your records.

If you have any question regarding our privacy policy, please contact us.

Terms of use and Privacy Policy

Contents:

Website privacy noticePrivacy Notice