Terms & Conditions

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About

  • By accessing this site you agree to these terms and conditions and to be bound by all copyrights and licenses, with immediate effect. If you do not agree to the terms then do not access the site.
  • The terms will be updated from time to time and so you should regularly check this page for updates as your continued use of the site is seen as continued acceptance of the updated terms and conditions. If at any point you do not agree with any updated terms and conditions, you should stop using the site.

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Use

  • You agree that your use of the site will be for lawful purposes and in such a way that does not infringe upon the rights or enjoyment of any other user. This includes but is not limited to harassment, inconvenience, obscene or offensive content, spam or acting in a way as to disrupt the site.

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Copyright

  • All content on this site is protected by copyright (registered and unregistered) this includes but is not limited to, HTML code, CSS layout, JavaScript, code, graphics, Flash animations, applications, server code, images, textural content, design and layout. You may not use, copy, reverse engineer, reproduce, sell on, publish, download, disassemble, recompile, license, transmit, adapt, alter, make derivative work from, rent or make available to the public in any way or otherwise use any element of the site without explicit written permission from the copyright owner.
  • Nothing in these terms constitutes a transference of 3rd party copyright, license or rights to the owners of this site. All 3rd party logos, copyrights, licenses and rights are the property of their respective owners.

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Contributions

  • By uploading content to the site or by making submissions you agree to grant the owners of the site permission, free of charge to use the data (including photographs, graphics, text and audio) for any purpose. This includes adapting the content for operational and editorial reasons.
  • Contributors will retain copyright of this content and use on this site does not require exclusive permission. Therefore, they can continue to use the content in anyway they want, including supplying it to others.
  • You warranty this site that the contribution is your own, original work, you own the copyright, that the work is not in violation of a 3rd party's copyright, is not defamatory, obscene or infringes any laws of the United Kingdom and that you have the rights to allow its use on this site as set out above. You also warranty that you have the consent of all persons who appear or who's property appears in the content for its use as laid out above.
  • We reserve the right to make editorial corrections to comments and blank any words we see as offensive, defamatory or obscene. It should be noted that deliberately offensive, defamatory or obscene comments are unlikely to be posted in any form.
  • We reserve the right to refuse to post a comment or to remove any posted comment, without giving a reason for such actions.
  • If you do not agree to these conditions, do not submit or post content to this site.

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Sales

  • Placing an order with Neil Duffin Photography indicates your acceptance of our full terms and conditions.
  • You must be 18 years of age or over to place an order.
  • Placing an order and receiving an order confirmation constitutes an offer to buy only. We reserve the right to refuse, at our discretion any order made.
  • Due to the nature of the items, it is not possible to provide completely accurate depiction on our site. While me endeavour to make these as accurate as possible, they are by their very nature approximations to the actual items delivered. As such all images and specifications are for the sole purpose of giving an approximate description of the item only.
  • No good are sold on a trial basis.
  • In the event of typographical errors in product descriptions, specification or prices, we reserve the right to refuse or cancel any order based on these incorrect descriptions, specifications or prices regardless of whether or not the order has been confirmed.
  • All items are custom made by our printing and manufacturing partners, they are subject to a manufacturing, drying and assembly period. Whilst we attempt to keep this period as short as possible it may take up to 30 days for delivery.
  • The purchaser is responsible for local and importation taxes, as well as customs duties, handling charges by 3rd parties or any other charges incurred as a result of a purchase into their territory. We will not mark any item as a gift or under-value any items for customs purposes (please do not ask us to do so).
  • All items are sold in pounds sterling (£) and the purchaser is responsible for any charges or fees applied as a result of currency conversion.
  • Orders cancelled after they have been dispatched will not be refunded until the items have been returned to us. The items must be returned to us complete, in the original packaging, unopened, unused, undamaged and unmarked. If the items are returned to us and these conditions are not adhered to, a fee of up to 20% will apply and be automatically deducted from the credit issued.
  • We will not be under any liability whatsoever in the event that we are prevented or delayed from supplying or making delivery of any items by any reason or cause beyond our control.
  • All items are subject to availability and may be withdrawn from sale at any time and without any prior notice. In the event that an ordered item cannot be supplied, we will contact you and offer to cancel the ordered item.
  • We cannot be held responsible for items delayed as a result of a delivery service failure or delay in clearing customs or similar delivery process.
  • Items may be delivered in instalments. No additional postage charges will be applied in the event that items are delivered this fashion.
  • It is the customers responsibility to check they have received the correct number of packages and that all packages are undamaged. If the incorrect number of items are delivered it is your responsibility to notify us within 48 hours of the delivery taking place. In the event that the customer signs for the incorrect number of packages, they must inform us of this error within 48 hours of delivery. We will investigate the claim and inform you of our decision.
  • If the items delivered are incorrect, it is the responsibility of the customer to inform us within 48 hours of the delivery and provide a full list of the exact items delivered. If the items are not as ordered, you must not use the items or remove them from the packaging. In the event that the customer is prohibited from reporting the error within this time period a resolution will be made by mutual decision.
  • When accepting delivery of items the customer should mark the delivery manifest as "unchecked" since internal damage cannot be identified until items are unpacked. In the event of any damage being found you must contact us with 48 hours of the delivery detailing the exact damage. You must also retain all packaging as this will be required by us to make a claim. All claims in this event will be made by ourselves. You will need to return the damaged items to us, along with the complete packaging. We will not be able to accept claims for damages in transit outside of this 48 hour period.
  • Before any return can be accepted, for any reason, you must contact us and obtain a return code. We cannot accept the return of any item without a return code, no matter what the reason for the return.
  • Items may be returned to us for a (full or partial) refund of the item's purchase price (excluding postage and return postage) so long as they are returned "as new" or in the same condition they were sold, are complete, in the original packaging, undamaged, unmarked and return was initiated within 30 days of the delivery date. You must contact us before returning any item.
  • We reserve the right to charge up to a 20% restocking fee on returned items, which will (if applied) be deducted automatically from the credit issued.
  • When items are returned, the customer is responsible for the safe return. We recommend that the items are insured and sent using a registered service as we cannot accept responsibility for items damaged in transit. The original packaging must be used where required and in all other cases alternative, adequate packaging must be used. We reserve the right to reject any items not adequately packaged and to do so without a refund of purchase price, packaging or postage.
  • Items returned under the basis of being faulty will be only be issued with a refund if they are found to be faulty upon inspection by us.
  • A refund will not be issued for a returned item if the item has been damaged by miss-use or has been marked by miss-use or handling.
  • We reserve the right to reject any item that is returned to us that does not meet these criteria.
  • Unless otherwise stated, we do not refund the cost of original postage or postage incurred by returning items to us.
  • Refunds will be issued using the same payment method you used to make the purchase. This process is normally within 10 days but can take up to 30 days to complete.
  • Any changes in exchange rates between the time of purchase and the time of refund will not effect the sum returned. Refunds are made in Pound Sterling (£) and will only extend to the original amount, minus any fees applied by us as a result of the return. You agree to absorb any fluctuation in the exchange rate if the rate has become less favourable in the time between purchase and refund.
  • All prints must be kept in an appropriate mount, out of direct sunlight, away from chemicals or gases, in a dry location away from all sources of moisture and away from sources of heat. If significant fading, yellowing or other significant changes to the print occur as a result of ignoring these conditions, we cannot be held responsible. In the event that a print significantly fades, yellows or changes within what we believe to be a 'reasonable time' and these conditions are met, the remedies to you shall be limited to the replacement of the print and any claim shall in no circumstances exceed the purchase price of the items and we shall, under no circumstances be liable for any indirect, incidental, consequential, special or exemplary damages or any losses suffered by 3rd parties. The decision of what qualifies as a 'reasonable time' will be entirely decided upon by us. In the event of claims due to significant print fading, yellowing or other changes, we may request the return of the print for examination. No print should be returned to us without first contacting us for a return code. In the event that we agree the image has significantly faded, yellowed or changed, we will refund all reasonable postage and packing costs involved in this return and the replacement item will be supplied free of charge and free of shipping charges. The customer will be responsible for any charges incurred as a result of local taxes, handling charges by 3rd parties or duties from customs, importation or any other charges incurred by the replacement items being sent to their territory. In the event that the item is not found to be faulty, it will be returned.
  • Except as may be implied by law and except in the case of death or personal injury where the customer is dealing as a consumer, in the event of any breach of these Terms and Conditions by us the remedies to you shall be limited to damages which shall in no circumstances exceed the purchase price of the items and we shall, under no circumstances be liable for any indirect, incidental, consequential, special or exemplary damages or any losses suffered by 3rd parties.

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Privacy

  • We endeavour to keep your private information confidential at all times. We do not sell to or supply any 3rd party with any personal information.
  • This site's online store and gallery stores session information via browser cookies when you add items to a shopping cart. This information is not permanently stored and will be deleted after a set period should you not return to the site. The information stored in the cookie does not identify you personally and contains no address or other contact information.
  • When processing orders or attempted orders your payment service (for example PayPal) may send information identifying you personally. In the case of completed orders we store this information permanently but only hold information required to successfully process the order. The information is disassociated from your browser session upon order completion. The information we store will never include credit card, debit card or other banking information, this information is only ever held by the payment service and you should see their terms and conditions for more information. Before an order is completed, even if you decide not to proceed, your information will be held for a short period. We do this only to facilitate the purchasing system. At no time during this period is any banking information held.
  • Comments on the blog will display the name you enter and this will form a link to any web site you enter. The email address you enter will not be published but is held and may be used to contact you for use associated with this site only. It will not be sold on or supplied to any 3rd party.
  • We will not add your email address to any subscription lists, bulletins or newsletters without your permission. We reserve the right to send you occasional emails enquiring about addition to mailing lists, bulletins and newsletters associated directly with this site.
  • Access to galleries, images and other pages is logged but in an anonymous way. We do not store any information which specifically identifies an individual. We reserve the right to use this logging information as a monitoring and sales tool for this site. The information will not be supplied to or sold to any 3rd party but we reserve the right to disclose statistics based on these logs for sales purposes.
  • Persons of 16 years of age or under must have the permission of a parent or guardian before sending comments or other content to this site. Users without this consent are not allowed to provide us with any personal information.
  • Warning - do not include any personal address or banking information in comments and never send banking information via emails, these systems are not secure and the information may be intercepted by 3rd parties.
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Disclaimers

  • The owners of this site cannot take responsibility for content posted by others, including but not limited to comments within the blog area. Views expressed in such user content are the views of the person who supplied the content and not of the owners of this site. The site owners are not responsible for any content posted by members of the public.
  • The owners of this site are not responsible for the availability of content on 3rd party sites accessed through or linked from this site. The existence of such links does not constitute an endorsement of any 3rd party sites by the owners of this site.
  • The content of this site is provided on an AS IS and AS AVAILABLE basis. The owners of the site do not provide any warranty (expressed or implied) whatsoever as to the satisfactory quality, security, fitness for purpose, compatibility, accuracy or non-infringement to the extent that UK law allows. The owners do not make any guarantees about the timeliness, completeness or performance of the site or its content and we do not accept responsibility for any errors, omissions or inaccurate content on the website.
  • The sites owners do not warranty that the site's functionality, facilities and content will be error free, free from viruses, bugs or that defects will be corrected. It is your responsibility to ensure you have sufficient protection against such threats.
  • The sites owner cannot be held responsible for any injury or damage resulting from use of the site. This includes, but is not limited to, personal injury, data loss, loss of income or revenue (actual or anticipated), loss of business, opportunity, reputation or goodwill, losses suffered by 3rd parties or any indirect, consequential, special or exemplary damages incurred.

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General

  • If any part of these terms and conditions is deemed by a UK court to be illegal, invalid or otherwise unenforceable, then it shall be severed and all other clauses will remain binding and in full effect.
  • These terms and conditions shall be governed, interpreted and enforced in accordance with the laws of the UK, which shall have exclusive jurisdiction over any disputes.
  • Failure of the site's owners to exercise or enforce any rights does not waive the site's owners right to enforce them at a later date.

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Contacting us

Please see the contact page if you need assistance, clarification or more information.

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