The Legal Bits

For specific enquiries on terms and conditions, privacy and image licensing please email musefineartlimited@gmail.com

GENERAL TERMS & CONDITION OF BUSINESS

These Terms of Sale are applicable to your purchase of any Photos, Prints, Canvases, Albums and/or other Products through Regina Ray Photography's online store. Other than as specifically provided in any separate written agreement between you and the photography studio, these Terms of Sale may not be altered, supplemented, or amended by the use of any document, such as purchase orders, and all sales are expressly conditioned upon your agreement to these Terms of Sale. In the event of any conflict between these Terms of Sale and the other provisions of the Terms of Use, these Terms of Sale will control.

Regina Ray Photography facilitates your purchase of Photos, Prints, Canvases, Albums and/or other Products through its relationship with the photography studio's vendors. If you purchase Photos, Prints, Canvases, Albums and/or other Products through the photography studios online store, you acknowledge that the printing of any Photos or creates of other physical medium Products is performed by such vendors and the photography studio's role is to assist, facilitate and support such order process pursuant to these Terms of Sale.

1. Pricing; Payment Terms

In order to purchase Products through the Regina Ray Photography's online store, you are required to provide valid payment Information as required by the online store. Regina Ray Photography may terminate your order for Products if we are unable to process your Payment Information and you do not provide an alternative form of payment upon the photography studio's request.

You agree to reimburse the photography studio for any and all costs incurred in collecting amounts owed by you to the photography studio or a photography studio vendor, including, without limitation, attorneys' fees and costs of collection agencies.

You are responsible for any taxes that you are obligated to pay or that the photography studio may collect from you in connection with your purchase of Products. If you do not pay the sales or other taxes or fees on a transaction, you will be responsible for the taxes or fees in the event they are later determined to be payable on the sale, and Regina Ray Photography reserves the right to collect the taxes or other related fees from you at any time. In certain jurisdictions, the photography studio may be required to collect and remit sales tax in connection with your purchase of Products. Any such taxes will be added to the purchase price and reflected on your invoice or receipt.

2. Photo Downloads; Shipping Terms and Policies

If you purchase Photo Download or it was included in your contract, such download will be made available to you through the Services upon the photography studio's receipt of your valid Payment Information.

If you purchase Photo prints, Canvases, Albums or other physical medium Products, the photography studio will use its commercially reasonable efforts (and the photography studio's Vendors will use commercially reasonable efforts) to ship all orders for such Products within the estimated delivery time applicable to various methods of shipping available at the time you place your order. Regina Ray Photography is not responsible for any delays in shipping.

Regina Ray Photography or Regina Ray Photography's Vendors reserve the right to substitute another carrier of equal or lesser cost to deliver your order at our discretion. All shipping charges are your responsibility. Shipping charges will be included in your shopping cart and can be viewed on a summary screen prior to finalising your order. The shipping charge shown during the checkout process is subject to verification and to correction or change without notice. If the actual shipping charge is more than the amount shown in your shopping cart, the photography studio will contact you with the correct shipping costs before processing your order, and you will have an opportunity to cancel your order.

3. Return Policy

Regina Ray Photography guarantees your satisfaction with any Products that you purchase through Regina Ray Photography's online store. If you are unsatisfied with any Photos, Prints, Canvases, Albums and/or other Products you have purchased through the photography studio, we will gladly accept the return of any Product you have ordered for any reason within twenty eight 28 days of your receipt of the Product. Upon completion of the return procedure and receipt of the returned Product, we will resend you the Product or issue you a full refund of the purchase price paid for such Product, whichever you prefer.

We do not provide refunds for your original shipping cost unless your order is physically defective in some manner. If you are unsatisfied with a Product that is not in a physical medium form (i.e., a Photo download), then upon your request, we may issue you a full refund of the purchase price paid for such Product at our discretion depending on the circumstances. To request a refund or replacement for any Product, please contact Regina Ray Photography at adrianatomeuphotography@gmail.com. Please do not contact your credit card company to dispute a charge before contacting Regina Ray Photography.

4. Product Availability and Pricing

Regina Ray Photography or Regina Ray Photography's Vendors may revise or discontinue Product options at any time without prior notice, and Products may be come unavailable even after an order is placed. All prices are subject to change without notice.

5. Product Descriptions; Pricing; Errors

Regina Ray Photography strives to maintain accurate information in the online store and to eliminate any errors. However, we do not warrant that Product descriptions, Photos, Prints, Canvases, Albums and/or other Product pricing or other photography studio Materials are accurate, complete, reliable, current, or error-free. In addition, all weights and size dimensions are approximate. While we make reasonable efforts to accurately display all details of our Product offerings, including the applicable colour and/or brightness, please note that the actual colour and/or brightness you will see for a Photo depends on the settings of your computer screen and we cannot guarantee that your computer will accurately display all Photo colours.

The photography studio or the photography studio's Vendor reserves the right to format, manipulate or otherwise modify Photos as may be required to satisfy a particular order. If a Product offered by the photography studio is not as described or pictured, your sole remedy is to return the Product in unused condition for a refund within thirty (30) days of receipt.

In the event of an error, whether contained in the Services, in an order confirmation, in processing and order or otherwise, Regina Ray Photography reserves the right to correct such error and charge the correct price or cancel the order, and your sole remedy in the event of such error is to cancel your order.

6. Disclaimer of Warranties

THE FOREGOING RIGHT TO RETURN ANY ORDER WITHIN THIRTY (30) DAYS IS YOUR SOLE AND EXCLUSIVE REMEDY, AND Regina Ray Photography'S SOLE AND EXCLUSIVE LIABILITY, WITH RESPECT TO THE PURCHASE OF ANY PRODUCTS USING THE SERVICES, AND THE PHOTOGRAPHY STUDIO EXPRESSLY DISCLAIMS AND EXCLUDES ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PURCHASE OF ANY PRODUCTS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

This policy communicates detailed information about how Regina Ray Photography collects, stores and uses personal data throughout the process of you using this website, enquiring about a photoshoot, booking a shoot, carrying out a shoot, editing and delivering a shoot, and adding data (image and written details) to Regina Ray Photography online and print portfolios (website, blog, newsletter, social media, printed brochures, price lists, etc.).

After your photoshoot I may have collected written details (via email or contact form) that may include your name and contact information, and digital photographs of you (that may be identified as you) from your shoot with me. Your identifiable details come under data protection.

Data controller & processor details:
Regina Ray

Regina Ray Photography
Suite 5, floor 2, Wellington House

96-98 Wellington Street

Newmarket CB8 8SX
07547691111
regsray@gmail.com

info@reginarayphotography.com

The data I process
Your contact details, details about your shoot, images from your shoot, images that may be identifiable as you, images that may be identifiable as your company, images that may be identifiable as your clients/ guests (if event photography).

Why I process/ collect your data
To be able to contact you regarding your shoot and to be able to consult with you regarding your shoot, pre-shoot or post-shoot services, to offer you the best service, to edit your images, to retouch your images and to deliver your images

To create products like prints and albums after your shoot

To add to my on-going online and printed portfolios.

I also keep your images to ensure I have your photos should you lose your images or require another copy.

You have the right to withdraw your consent at any time
You have the right to know what data I hold at any time
You have the right to have the information I hold deleted at any time
You have a right to complain to the ICO if you are concerned about how I, Regina Ray, (on behalf of Regina Ray Photography) handle your data

Terms and Conditions of Business
Regina Ray Photography

1. The following words or expressions shall have the meanings stated:
“the Photographer” means Regina Ray trading as Regina Ray Photography.
“the Customer” means the person identified as the customer on a Booking Form.
“Booking Form” means a form (whether or not printed on the reverse of these Terms and Conditions) completed by the Customer by which the Customer instructs the Photographer to create Material.
“Material” means all photographs, prints, transparencies, images, negatives, digital scans, digital files, design, artwork, montages, drawings, engravings and/or any other photographic product or other product comprising or containing reproduction of any form of photographic material, and which has been created by the Photographer.
“Order” means any request, order, commission or instruction by or on behalf of the Customer for creation of Material by the Photographer.
“Price” means the price for an Order as set out on a Booking Form.

2. Any work of any description undertaken by the Photographer pursuant to an Order shall be subject to these Terms and Conditions.

3. Copyright in all Material is retained worldwide by the Photographer at all times and nothing shall be deemed as a release, transfer, assignment or other disposal of the Photographer’s rights in the Material, save as:
3.1 specifically set out in these Terms and Condition or
3.2 may otherwise be agreed by the Photographer in writing.

4.1 In consideration of the Price the Photographer will undertake such work as is necessary to fulfil the requirements of an Order.
4.2 In consideration of the Photographer’s agreement in paragraph 4.1 above the Customer will pay the Price in accordance with the provisions set out in paragraph 5 below.

5. An Order shall be subject to the following provisions:
5.1 The Photographer shall be entitled to require a deposit payment on account of the Price in such sum as may be agreed between the Photographer and the Customer prior to the taking of any steps to create any Material.
5.2 In the event of a cancellation of an Order by the Customer, in addition to any entitlement to claim damages for losses arising from such cancellation the Photographer shall, in any event, be entitled to retain the deposit paid and/or agreed.
5.3 The Photographer shall be entitled to agree to regard any Order that is not evidenced in writing as invalid.
5.4 The Photographer licences the Customer to utilise the Material produced as a result of the Customer’s Order to the extent set out in writing between the Customer and the Photographer. Any breach of such licence shall automatically revoke such licence without further notification from the Photographer.
5.5 Unless specifically otherwise agreed in writing between the Photographer and the Customer, the Photographer is entitled to utilise Material ordered by the Customer for the advertising, marketing and promotion of the Photographer’s business.
5.6 The Photographer shall be entitled to sub-contract his obligations under an Order at his discretion.
5.7 Save as otherwise agreed between the Customer and the Photographer, the Photographer shall be entitled to use his judgement regarding the style and artistic input in the production of Material.
5.8 The Photographer shall not be liable to the Customer for any failure, in whole or in part, to fulfil his obligations under an Order where failure arises as a result of an event or circumstances beyond his control, which may include (but are not limited to) equipment failure, inclement weather, illness or injury.
5.9 On completion of the Photographer’s obligations under an Order, the Photographer shall deliver an invoice for the Price to the Customer and the Customer shall pay the Price (or any balance of it) within 30 days of the date of the invoice. Any sum outstanding after the expiry of 30 days shall have the following consequences:
5.9.1 Interest at a rate of 4% per annum above the base rate of Barclays Bank plc shall accrue in respect of any outstanding sum.
5.9.2 Any licence granted by the provisions of paragraph 5.4 above shall be automatically revoked and shall only be capable of reinstatement upon payment of any outstanding sum plus interest and any other costs incurred by the Photographer.

6. The contractual relationship between the Photographer and the Customer shall be governed by the laws of England.

7. An Order, as evidenced by information on the Booking Form and as governed by and together with these Terms and Conditions shall form the entire agreement between the Photographer and the Customer, save as otherwise agreed in writing.

© Copyright Regina Ray Photography 2020

IMAGE LICENSING

All your images produced by Regina Ray Photography and MUSE Fine Art Limited come with a PERSONAL USE LICENSE only, which means that you are free to use the images on your social media and print them; however, you are not permitted to sell, edit, modify, alter or change the images in any way digital or otherwise without the written permission and under a separate agreement with Regina Ray Photography and MUSE Fine Art Limited.

For corporate clients the license specifics can be found in your contract.

Here are some licensing levels according to British Copyright Laws:

Non-exclusive or exclusive

Non-exclusive licenses allow other paying customers to use the image, while exclusive licenses limit use to the licensee only.
Royalty-free (RF)

Allows the purchaser to use the image multiple times without paying royalties or additional fees.
Rights-managed (RM)

Requires the purchaser to pay for the use of an image based on a set of specific criteria.
Creative Commons (CC)

Allows photographers to specify the terms under which others can use, share, and remix their work. There are six different types of creative commons licenses.
Editorial Use License

Can only be used as part of news stories.
Public Domain

The content creator has allowed their content to be used without limitation.
Commercial image license

Allows you to use an image for commercial purposes, usually involving a fee.
NonCommercial (“NC”)

Limits reuse of the work to noncommercial purposes only.

GIFT CARDS TERMS & CONDITIONS

Here you can read about the terms and conditions of our Gift Cards.

Gift Cards may be exchanged for goods the price of which being equal to or lower than the balance or value of the Gift Card. Gift Cards can be used as a complete or partial payment. If a purchase exceeds the redeemer's Gift Card balance or value, the remaining amount must be paid with another method of payment. If any item purchased with Gift Card is subsequently exchanged for an item of a lower price or refunded, any money owing to you will be refunded via the form of Gift Card originally used for such purchase.

Gift cards are valid for 12 months from the day of purchase. They cannot be resold, transferred for value or exchanged for cash. No cash change will be given on purchases made using Gift Card. Gift Cards cannot be used to purchase other Gift Cards. Gift Card is not cheque guarantee, credit or charge cards.

Gift Cards cannot be returned or refunded, except in accordance with your legal rights.

MUSE FINE ART LIMITED shall not be liable or responsible for lost, stolen, destroyed or damaged Gift Cards, or if Gift Card is used without your permission. MUSE FINE ART LIMITED is unable to replace Gift Tender if lost or stolen.

MUSE FINE ART LIMITED reserves the right to refuse to accept any Gift Card (and to take alternative forms of payment) which it deems to have been tampered with, defaced, modified, duplicated, damaged, or which otherwise is suspected to be affected from fraud.

By purchasing, using or accepting Gift Card you confirm your acknowledgement and acceptance of these terms and conditions. MUSE FINE ART LIMITED reserves the right to amend these terms and conditions from time to time, without notice and to take appropriate action, including the cancellation of Gift Tender, if, in its discretion, it deems such action necessary. This does not affect your legal rights. MUSE FINE ART LIMITED is the sole issuer and obligator to you.

The remainder of these Terms shall apply to all purchases of goods made using Gift Card. To the extent that there is any conflict or inconsistency between the Terms and these Gift Tender Cards, these Gift Card Terms shall take precedence prevailing over the provisions of the Terms.

The Gift Card remains the property of MUSE FINE ART LIMITED, and may not be tampered or interfered with, without MUSE FINE ART LIMITED’s consent. If Gift Card is found, please return to the nearest MUSE FINE ART LIMITED.

MUSE FINE ART LIMITED makes no warranties, express or implied, with respect of Gift Cards, including without limitation, any express or implied warranty of merchantability or fitness for a particular purpose.