Terms of Use - Photographic Prints
The legal bit
You are trading with Nicholas Goodden Photography of Over Compton, Dorset, UK.
When you shop with us (or access our services and website), these terms apply. They’re important for both of us as they set out what we expect from each other, and they also give you helpful info.
We keep these terms updated and we amend them every so often, so remember to check back in before you shop, as the latest set will apply.
About you
To shop with us, you need to:
Be at least the age of majority in your state or province of residence, or be the age of majority in your state or province of residence and have given consent to your minor dependents to use this site;
Have a credit or debit card that we accept (as shown during checkout); and
Be authorised to use that credit or debit card (e.g. it is in your name or you have permission to use it).
Registration
You may browse the website without registering, but you may not order any Product or Services, without creating an account, completing the checkout process and agreeing to our Terms & Conditions.
Our information collection and usage policies with respect to such user information are set forth in our Privacy Policy.
Placing an order
When you place an order, you should receive an order confirmation email confirming receipt of your order.
We only accept your order once payment has been approved and we have debited the payment card (and then the contract is made based on these terms).
You may be able to cancel (not change) your order within a short period of ordering – timings depend on your chosen delivery method and on the product you have ordered (and will be set out in the acknowledgment email). You can’t change your order – you’ll need to cancel (and/or return the original item(s)), and re-order. To cancel an order, you’ll need to contact nico@nicholasgooddenphotography.co.uk
All orders are subject to availability and confirmation of the order price. We’ll get in touch with you in the unlikely event of any issue with your order.
On rare occasions we may need to refuse or cancel an order or close or freeze an account (even if we have previously confirmed your order) – e.g. if we notice something unusual on an order or an account. If this happens to you and you think we’ve made a mistake, please don’t take offence – get in touch with nico@nicholasgooddenphotography.co.uk who’ll be happy to speak to you about it.
Prices and product descriptions
We may have to change products without notice or we may price up or describe a product or promo wrongly. If we discover an error for any goods you’ve ordered, we will contact you as soon as possible and give you the option of reconfirming your order (at the correct price) or canceling it.
If we can’t get in touch with you, we will treat the order as canceled. If you cancel and you’ve already paid, we will refund you in full.
Depending on the value of your order or the delivery option or address you choose, delivery costs may also be charged (see below). Such additional charges will be clearly shown during the checkout process and included in the 'Total Cost’.
In addition, we reserve the right to modify or discontinue, temporarily or permanently, our service (or any part thereof). You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuation of the service.
Delivery
Before you finalise your order, you’ll be given various delivery options to choose from with estimated delivery time after your order is packed and shipped and dates depending on the delivery address. Please note: shipping times are variable based on the product ordered. For assistance or further information, please contact nicholasgooddenphotography.co.uk
We work very hard to try to meet all delivery times but sometimes there may be delays – e.g. because of postal/carrier delays, Covid lockdowns, logistics, or bad weather. We will keep you updated as much as we can and you should be able to track your parcel’s progress.
Get in touch if you have any issues or questions.
Returns and refunds
Our policy is applicable for 14 days after order is received. If 14+ days have gone by since receipt, unfortunately we can’t offer you refunds or exchanges.
To be eligible for return, your item must be unused, undamaged and in the same condition that you received it. It must also be in the original packaging.
Gift cards cannot be returned.
Exact exchanges will be made on damaged or defective products. If a product arrives damaged, you must keep all original packaging material for insurance purposes. Claims must be made within fourteen (14) days of receipt via email to nico@nicholasgooddenphotography.co.uk.
If you are unhappy with your purchase you may return it in its original condition for a refund. Shipping cost will not be refunded.
In the event of an exchange or return, please contact nico@nicholasgooddenphotography.co.uk
Once the return is approved, we will provide instructions on where to return your product.
In addition to insuring your return, we strongly recommend that the order be sent with Delivery Confirmation. Should we not receive your return, we will not be able to issue a refund. Refunds on returns will be issued on the price of the product. If the purchase is made in a currency other than GBP, a refund will be based on the daily rate of the date of purchase. Exchanges will be treated as a return and shipping will be charged to send any requested items.
Items that are returned by the courier or other postal services or returned after 3 delivery attempts will be treated as a return. Shipping will be charged again upon the request of an order reshipment. We will try and reach out to you three times through the email address provided with your order. If 2 months have passed, and we have not received a response from you, your item will be returned-to-stock, and you will be refunded for the product cost, but not the shipping costs, associated with this order.
To complete your return, we require a receipt or proof of purchase.
Refunds
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund. If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment.
Late or missing refunds (if applicable)
If you haven’t received a refund yet, first double check your account. Then contact your credit card company, as it may take some time before your refund is processed.
If you’ve done all of this and you still have not received your refund, please contact nico@nicholasgooddenphotography.co.uk. You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund. Depending on where you live, the time it may take for your exchanged product to reach you may vary.
Delivery Gone Missing
If your order seems to be lost in mail, please notify us by email nico@nicholasgooddenphotography.co.uk no later than three weeks for domestic orders, and five weeks for international orders, after having received your purchase notification. We will do our best to work with you and the shipping service to locate your package, and/or send you a replacement. Unfortunately, we are unable to assist after this time frame has passed.
Returning an unwanted item?
We get it, sometimes something just doesn't work for you and you want your money back. Don't worry, as long as an item is still in its original condition and in the original packaging, we accept returns (except on gift cards), subject to the rules below, which includes rules around Fair Use.
If you return an item requesting a refund or an exchange get in touch with nico@nicholasgooddenphotography.co.uk within 14 days of the item being delivered to you or available for collection, once the return is approved and the item is back with us, a full refund, barred the shipping costs, will be with you by way of the original payment method.
We aim to refund you within 14 days of receiving the returned item.
If you request a refund for an item during the above time frames but you can't return it to us for some reason, please get in touch – but any refund will be at our discretion.
After that?
We don't accept returns for unwanted items after the relevant returns period above. If you try to make a return, we may have to send it back to you and ask you to cover the delivery costs.
Proof of postage
We strongly recommend you get proof of postage and follow our returns process which we will detail once a return is approved.
Original condition
All returned items should be sent back to us in their original condition together with the original packaging.
All items are inspected on return. When checking out a print, please be careful with the item (don’t use unnecessary force) and don’t wear make-up, perfume, cologne, deodorant or antiperspirant as these can mark and leave scents on the item.
If an item is returned to us worn, used, damaged or in an unsaleable condition, or where the above instructions have not been followed, we won’t be able to give you a refund and we may have to send it back to you and ask you to cover the delivery costs. Alternatively, we (at our sole discretion) may choose to reduce your refund to reflect any reduction in the value of an item.
None of this affects your statutory rights.
Fair use
Please note, we reserve the right to take legal action against you if the items you return don’t match what you ordered.
This doesn’t affect your statutory rights.
Promo Codes
From time to time, we may give you Promo Codes that you can use to reduce the price of specified products. Remember, it’s up to you to enter the code at checkout!
Each Promo Code has its own terms, which will be made clear at the time it’s issued to you (e.g. what products, single/multiple use, when it can be used etc). If a Promo Code is not used within the terms given (e.g. a specified timeframe) and the code becomes invalid, this is the responsibility of the customer.
If you’re given a unique Promo Code that is meant just for you please keep it secret and don’t let anyone else use it or abuse it (e.g. don’t post it on social media). If we think there is or has been misuse of a Promo Code in any way (e.g. selling it or sharing it with others), we can cancel your Promo Code.
We don’t like to do this, but if a Promo Code can’t run properly because someone or something is spoiling the fun for everyone – e.g. fraud, tampering, technical errors or anything else that is beyond our control that affects the running or fairness of the Promo Code – we can cancel, modify or suspend the Promo Code.
Your information
Our Privacy Policy sets out how we’ll use your information.
Things you shouldn’t do…
We know it’s obvious, but you must not misuse or tamper with our website (e.g. hack, introduce viruses, trojans, worms, logic bombs or other technologically harmful material or carry out denial of service attacks etc) or otherwise mess with our tech or functionality or steal our or our customers’ data. Doing any of these things may be a criminal offence, but they also get in the way of us giving our loyal customers the best service, so we take them really seriously. Nicholas Goodden Photography will report any such breach or activity (and all information about the people carrying it out) to the relevant law enforcement authorities.
We recommend you use virus protection software when using any website, including ours as we can’t guarantee that it will always be secure from bugs and viruses.
It is prohibited to use automated systems or software to extract data from our Website (AKA 'screen scraping').
You agree to indemnify, defend and hold harmless Nicholas Goodden Photography, its directors, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use (or misuse) of this Website or your breach of the Terms and Conditions.
Intellectual property, software and content
Nicholas Goodden Photography owns or has permission to use the intellectual property rights in its Website and its content. These rights are protected around the world. All such rights are reserved.
Rights concerning the work of the photographer remain the bearer of the rights of the author of his or her work.
You’re allowed to store, print and display our Websites content only for your own personal use. You are not allowed to use any part of the Websites for commercial purposes unless you have our express permission.
Linking to our websites
It’s fine for you to link to nicholasgooddenphotography.co.uk, as long as you do so in a way that is not-commercial, is fair and legal, and doesn’t damage or take advantage of our reputation.
Please don’t link in a way that suggests any form of approval or endorsement by Nicholas Goodden Photography where none exists.
Our Website must not be framed on any other site without our permission.
Complaints or need to speak to us?
Occasionally things do go wrong and you may want to get in touch with us. If that happens, please contact nico@nicholasgooddenphotography.co.uk who will work with you to resolve any issues you’re having with our services.
Legal stuff
We have the right to amend, remove or vary our services and/or any part of the Websites (including our Ts&Cs) at any time. These conditions are governed by and construed in accordance with the laws of England and Wales. You agree, as we do, to submit to the non-exclusive jurisdiction of the English courts.