The following terms and conditions apply to all transactions on the www.theinfantphotographer.com website. To order through this website you must be at least 18 years of age. We will treat each order as an offer subject to these terms and conditions. The placing of an order indicates your acceptance of these terms and conditions. These terms and conditions do not affect your statutory rights.

Definitions
Client: the individual placing the order (where this individual is acting as the employee or agent of another entity that entity is the client)

Image: a photographic image first recorded on light sensitive film or an electronic file by The Infant Photographer 

Reproduction: any form of publication or copying of the whole or part of any image whether altered or not, including but not limited to; negative film, positive film (slide), electronic file, printed onto any medium with or without a mount or frame, projection (whether to an audience or not), xerography, electronic or mechanical reproduction or storage. It also includes any use as an artist's reference or illustration, or in a layout or presentation.

Ownership of an image
All images are owned (copyright held) by The Infant Photographer, hereafter referred to as 'TIP'. You are paying for a licence to use that image, you are not paying for the legal ownership of the image.  You do not obtain any right to reproduce the image.  Any image provided by TIP without charge is on loan for the sole purpose of enabling you to decide whether you want to purchase a licensed copy of that image, and is to be returned on demand.  If you require ownership of an image (complete control including, but not limited to, the ability to reproduce the image) please advise as this is frequently provided to clients as a separate service.

Privacy
Our business relationship with you will be initiated by your enquiry, typically by email or telephone.  We will record your name, email address and telephone number to maintain the business relationship.  When you order images on our website your name and address are required to identify your order and deliver it. We do not release any of your personal information to any third party.

The credit/debit card information that you enter to complete your order is entered directly into HSBC's online banking system.  These details do not touch our system at any point.

TIP will only use your contact details to maintain a business relationship with you.  We may contact you occasionally in the future to advise you of our latest offers.

We have a number of clients for whom privacy is especially important and we have built a track record of respecting their wishes, as defined in the policy above.

Payment
On the order form you must provide us with the exact contact details that your credit card issuer has on file for you. Your order will only be processed when the payment has been authorised on your credit card.

Booking fee
The booking fee covers the time and resources of TIP for the shoot and is payable before completion of the shoot.

Licence
TIP shall be granted a licence in relation to the poses photographed and the location used. The photographer's judgement regarding the location and poses and number of images taken shall be deemed to be correct.  Due to the vagaries of the weather and the willingness of subjects it may not be possible to capture all of the images requested.

Availability
All products are subject to availability and may be withdrawn at any time. However it is our policy to contact you if a product is out of stock and if you do not wish to proceed with the order or for any reason we cannot supply the product we will arrange for the order to be cancelled.

Delivery
We will make all reasonable efforts to dispatch your order within 10 working days.  Whilst every reasonable effort shall be made to keep any delivery date, time of delivery shall not be of the essence and we shall not be liable for any losses, costs, damages or expenses incurred by the Customer or any other person or company arising directly or indirectly out of any failure to meet any estimated delivery date.

Damaged goods
The electronic order form lists all the images the Client has ordered using the image number as a unique reference. The images are presumed to have been received in good condition unless the Client notifies TIP in writing within 48 hours of receipt of the goods and agrees to return the damaged goods before replacement goods are dispatched. The 48 hour notification period only applies to damaged goods, not to goods delivered that do not match those on the order form.

Refunds
If a refund is due it will be issued by the same payment method as on the original order. When a refund is processed, you will receive an email notification. Please allow up to 10 working days for a refund to be processed by TIP. A refund will usually reach your credit card account within 4 working days after it being processed.

Liability
In the event of any breach of these Terms and Conditions by us, the remedies available to you shall be limited to damages which shall in no circumstances exceed the price of the Goods and we shall under no circumstances be liable for any indirect, incidental or consequential damages.

Variation
No variation of the terms and conditions set out here will be effective unless agreed in writing (writing includes email communications that have received) by both the Client and TIP. In the event of any conflict between these terms and conditions and those issued or submitted by the Client and in the absence of any contrary agreement in writing these Terms and Conditions shall prevail.

Force majeure
We will not be under any liability whatsoever in the event that we are prevented or delayed from supplying or making delivery of any Goods by any reason or cause beyond our control.

No waiver
Our failure to insist upon strict performance of any provision of these Terms and Conditions shall not be deemed to be a waiver of our rights or remedies in respect of any present or future default of the Customer in performance or compliance with any of these Terms and Conditions.

Severability
In the event that any or any part of these Terms and Conditions shall be determined invalid, unlawful or unenforceable to any extent such term, condition or provision shall be severed from the remaining Terms and Conditions, which shall continue to be valid and enforceable to the fullest extent permitted by law.

These Terms and Conditions shall be construed in accordance with English Law.