Terms and Conditions

 

Make Photography LLP, a company incorporated in England and Wales with registered number OC437818

Gotphoto is an Internet based photographic sales system operated and utilised by Make Photography Photography, on behalf of their customers. The Internet website provides access to Make photography online shop, and laid out below are the terms and conditions of use for the Service. The website may only be used in accordance with these terms.

The terms laid out below govern the relationship between you as a user (“you or user”) and Make Photography LLP. The website, and the services provided through the website, can only be used if you agree to these terms.

1. General Terms

1.0 Purchase Terms

These purchase terms (“Purchase Terms”) comprise a binding contract between you as a user of the Gotphoto Service and Make Photography for the purchase of photographic prints (“Prints”) and digital downloads made from digital files supplied by participating photographers.

1.1 Legal Document

Please read these Purchase Terms carefully because they form a legal document. By ticking “I agree to the terms and conditions” box you agree to be bound with Make Photography LLP by these Purchase Terms. If you do not wish to accept these Purchase Terms, you should not submit an order.

1.2 Local Law

Those who choose to access this Service from any location outside the UK are solely responsible for compliance with Local Law if, and to the extent that, it is applicable. In this case, you agree that, by you agreeing to these Purchase Terms with Make Photography LLP, you waive any consumer rights you have which are capable of being waived under your Local Law and that these Purchase Terms are the only terms and conditions that apply between you and Make Photography LLP in respect of your use of the Service and the supply by Make Photography LLP of your Prints and digital files.

2. Purchase Terms

2.0 Display

By the display and description of this Service, Make Photography LLP does not necessarily agree to process your order and supply your Prints or downloads at the prices specified.

2.1 Binding Contract

These Purchase Terms will not form a binding contract between you and Make Photography LLP for the purchase and supply of the Prints and downloads until the following conditions have been met:

a. You have ticked “I accept the Terms and Conditions” box on checkout and have submitted an offer to buy certain Prints (‘Order’) using the order facility provided; and

b. Make Photography LLP notifies you by e-mail that your Order for Prints has been accepted and Make Photography LLP agrees to supply the Prints/downloads to you, provided that you have supplied Make Photography LLP with an e-mail address for the reply. If you fill in the e-mail field when you make an order, you will receive a confirmation by e-mail.

2.2 Loss or Damage

Make Photography LLP will not be responsible for any consequential loss or damage, howsoever arising, as a result of a failure, refusal or inability by Make Photography LLP to fulfil an Order.

3. Price and Specification of Prints

3.1 Prices and Taxes

All prices quoted include United Kingdom Value Added Tax (“VAT”), at the applicable rate from time to time. There is a separate VAT-inclusive postage and packaging charge and this is listed with the price and specification of Prints. The total cost is the “Purchase Price”. Make Photography LLP shall not be liable for any other sales taxes, customs or import duties or other taxes, which may be imposed on you by any relevant taxing authority. You are responsible for any such taxes.

3.2 Tax Free

If by nature of where you live you are able to purchase prints/downloads free of tax, or are able to reclaim tax, you must contact Make Photography LLP before you make your purchase. Once an order has been placed, and payment made, Make Photography LLP cannot enter into any correspondence or dialogue regarding tax issues.

3.3 Change

All Purchase Prices and specifications of Prints/downloads are subject to change without notice, except where Make Photography LLP has accepted your Order and agreed to deliver the Prints to you in accordance with Clause 2.1.

3.4 Payment

The Purchase Price payable for photographic prints/downloads must be paid in advance by:

a. Secure credit card payment via a Credit Card Authorisation Bureau chosen by Make Photography LLP, this is currently Stripe Express 

 

Make Photography LLP retains the right to check with your card provider and/or any credit reference agency or bank to confirm whether or not you are able to pay the Purchase Price. Make Photography LLP has the right to refuse your order at their discretion.

4. Delivery of Prints

4.0 Delivery

All Prints will be delivered to you at the address given during the order process or the school address (dependent on the delivery option selected), within the service time-frame specified of your Order being accepted by Make Photography LLP, pursuant to Clause 2.1 above, unless an alternative timeframe is notified to you by Make Photography LLP, prior to the expiry of a 4 working day period.

4.1 Estimate

Notwithstanding Clause 4.0, the time of delivery is an estimate only and Make Photography LLP shall not be liable for any late delivery of the Prints or any consequential loss or damage caused as a result.

5. Returns Policy

5.0 Returns

In the event that the Prints are damaged or defective when you receive them, or do not match the description specified in the Service, you will be entitled to return the Prints to Make Photography LLP within 14 days of receipt by you. In those circumstances, Make Photography LLP will either reprint the photographs or provide a full refund of the Purchase Price, together with the return postage and packing.

5.1 Not Faulty

In the event that you return any Prints to Make Photography LLP, in accordance with Clause 5.0, and Make Photography LLP, can demonstrate that they were not faulty when received by you, Make Photography LLP reserves the right to return the Prints to you and to claim the cost of such return postage from you.

 

6. Duration of Purchase Terms and Termination

6.0 Duration

These Purchase Terms are binding upon you immediately you accept them in accordance with Clause 2 and they will remain in force until both parties have performed their obligations under these Purchase Terms or either party breaches its obligations under these Purchase Terms.

 

6.1 Termination

Termination in accordance with this Clause 6.0 shall not prejudice or affect any right of action or remedy, which shall have accrued or shall thereafter accrue to either party.

7 Make Photography LLP’s Responsibilities

7.0 Security

Make Photography LLP undertakes to use commercially reasonable endeavours to prevent breaches of security of the Service (including the credit card details provided by you when you submit an Order for any Prints), and to use reasonable endeavours to ensure that any Photofinishing Laboratory suppliers, subcontractors or agents comply with this Clause.

7.1 Response

Make Photography LLP will use reasonable endeavours to respond to your Order within the stated time.

7.2 ‘As Is’

The service is provided on an ‘as is’ and ‘as available’ basis, and Make Photography LLP makes no representation or warranty that the Service offered will be accessible, or useable by you, or error free.

7.3 Suspend or Alter

Make Photography LLP reserves the right, at its sole discretion, to suspend or alter the operation of the Service for legal, technical or any other reason. v will give as much notice as possible prior to taking any of the actions described in this Clause, but prior notice may not always be feasible.

8. User’s Responsibilities

8.0 Authorised Owner

You warrant that you are at least 18 years old and are the proper authorised owner of the credit card, details of which you supply to Make Photography LLP’s Credit Card Authorisation Bureau when using the System.

8.1 Accurate Information

You warrant that all information given by you in your use of this Service is accurate and not misleading and that you will not use this Service:

a. for any fraudulent or illegal purposes
b. for the transmission or posting of any computer viruses or any material which is defamatory, offensive or of an obscene or menacing character, or in such a way as to cause annoyance, inconvenience or needless anxiety. You agree that you will be liable for any action taken against Make Photography LLP or against you in relation to such use; and
c. in a manner which constitutes a violation or infringement of any right of person, firm or company, including but not limited to, rights of copyright or confidentiality.

8.2 Personal Use

You confirm that all pictures purchased using Make Photography LLP Service are purchased strictly for your own personal use. If you wish to use any picture within the system for any other purpose, you agree to contact the individual photographer to negotiate terms.

8.3 Copyright

You acknowledge and accept that all copyright, trademarks and all other intellectual property rights in any part of the Service or any material supplied as part of the Service belongs to Make Photography LLP. You agree not to remove any copyright, trademark or any other intellectual property notices contained in the original material and/or from any prints purchased through the service.

8.4 Indemnify

You agree to indemnify Make Photography LLP against any claims, costs, expenses or legal proceedings caused as a result of your use of this Service in contravention of Clause 8.1. Further, in these circumstances, Make Photography LLP shall be entitled to treat the contravention as a material breach of these Purchase Terms and terminate the Purchase Terms, cancel any pending orders for Prints made by you and terminate any access permission granted to you by Make Photography LLP forthwith, without notice to you.

8.5 Privacy

Personal data provided to Make Photography LLP through this website will only be used in accordance with our Privacy Policy. Please read through this carefully before proceeding. By providing your personal data you are consenting to its use in accordance with the privacy policy.

We do not store credit card details nor do we share customer details with any 3rd parties

9. Limitation of Liability

9.0 Limit of Liability

To the extent that Make Photography LLP is deemed by a court of competent jurisdiction, to have any liability to you in relation to the Service or any Prints/downloads supplied by Make Photography LLP, Wrates School Photography’s contractors or participating photographers, Make Photography LLP entire liability shall be limited to the replacement trade value of the blank media supplied.

9.1 Control of Images

Although Make Photography LLP prohibits the uploading of certain types of image to the website, they cannot directly control the images that are uploaded by the participating photographers. It is possible that images may appear on the website, which are unlawful or offensive. Make Photography LLP cannot accept any liability for any such images or material. If you become aware of any such images or material on the website that are unlawful or may cause offence, you should contact Make Photography LLP without delay.

 

9.2 Not Liable

Make Photography LLP shall not be liable to you, other than through fraudulent or negligent misrepresentation, for:

a. any economic loss, including without limitation, loss of revenue, business, contracts, profits or anticipated savings; b. any loss of goodwill or reputation; c. any loss of data; or d. any special, indirect or consequential loss.

10. Operation of the web site

10.0 Changes

Make Photography LLP may at its discretion change the format and content of the website, or any products or services offered, at any time without notice.

10.1 Terminate

Make Photography LLP may suspend or terminate the operation of this website/service, or suspend or terminate the provision of any products or services offered, for support, maintenance work, in order to update the content or for any other reason. Make Photography LLP may do this at any time and without notice.

11. Notices

11.0 Legal Notices

You may send a legal notice to Make Photography LLP, or any questions you may have concerning these Purchase Terms, by e-mail to Photos@makephotography.co.uk , or by writing to Make Photography LLP. Such notices will be effective within 7 days of receipt by Make Photography LLP
11.1 Give Notice

Make Photography LLP may give notice to you by general notice on its web site, by e-mail to your e-mail address on record with Make Photography LLP, or by post to the geographical address on record with Make Photography LLP. Such notice will be effective if sent by e-mail or posted on Make Photography LLP’s web site, 3 days from the date it was sent or posted. If sent by regular post, it will be effective 3 days after posting by Make Photography LLP.

12. Third Parties

12.0 Third Party Rights

Nothing in these Purchase Terms shall confer on any third party any benefit or the right to enforce any term of this Agreement. For the avoidance of doubt, the Contracts (Rights of Third Parties) Act 1999 shall not apply to these Purchase Terms.

13. General

13.0 Entire Agreement

These Purchase Terms form the entire agreement between you and Make Photography LLP and supersede any other oral or written communications, agreements or representations with respect to your use of this Service.

13.1 Change of Terms

Make Photography LLP reserves the right to add to or change the terms of these Purchase Terms in its sole discretion without prior notice. All changes to the Purchase Terms will be effective once posted on the Gotphoto/Make Photography LLP. Make Photography LLP will provide notice of the changes to the Purchase Terms for (30) days after posting the amended Purchase Terms on the Service.

Your continued use of the Service and submission of any Order in accordance with Clause 2.1 above following Make Photography LLP’s posting of such changes will be regarded by Make Photography LLP as acceptance of the amended Purchase Terms. If you do not agree to be bound by the amended Purchase Terms, you should exit the Service and not access the Service or submit any Orders for Prints/downloads to Make Photography LLP.

13.2 Statutory Rights

Nothing in these Purchase Terms affects your statutory rights as a consumer.

13.3 Court Ruling

If any part of these Purchase Terms is held by a court of competent jurisdiction to be unenforceable, the validity of the remainder of these Purchase Terms will not be affected.

13.4 Beyond Control

If Make Photography LLP is unable to perform any obligation under these Purchase Terms because of a matter beyond its reasonable control, including but not limited to; fire, flood, explosion, war, civil disorder, industrial disputes, whether or not involving its employees, or other disasters or governmental laws and regulations imposed after the fact, or events beyond the reasonable control of Make Photography LLP, Make Photography LLP will have no liability for failure to perform the Service.

13.5 At Own Risk

Your use of the Internet is solely at your own risk and subject to all applicable laws, and Make Photography LLP has no responsibility for any information, software, services or other materials accessed or obtained by you using the Internet.

13.6 No Representation

Make Photography LLP makes no representation that any Prints/downloads purchased using Make Photography LLP service are appropriate for your use, or available, in any other locations.

13.7 Laws of England

These Purchase Terms are governed by the laws of England, and subject to the non-exclusive jurisdiction of the English Courts