Rhubarb & Custard Photography, Eton
140 High Street, Eton, Sl4 6DB
Terms and Conditions
In the following terms & conditions “the photographer” shall mean Halid Izzet, Trading As Rhubarb & Custard Photography. These terms & conditions cannot be varied in any way by the clients unless such conditions are expressly agreed by the photographer in writing.
These terms and conditions form the basis on which you can visit us and our website. Please read them carefully as they contain important information.
These Terms & Conditions cover all work carried out by Rhubarb & Custard, including the sub-websites below
General terms and conditions
This site is owned and operated by Rhubarb & Custard of Thwaite, Heather Way, Pulborough, Storrington, West Sussex. If you have any queries about these terms and conditions or if you have any comments or complaints on or about our website, you can contact us using the Contact Page Email, or call us on 01753 911 630.
1. The contract between us
We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Payment of the price for the goods represents an offer on your part to purchase the goods, which will be accepted by us only when the goods are dispatched. Only at this point is a legally binding contract created between us.
2. Acknowledgement of your order
To enable us to process your order, you will need to provide us with your e-mail address. We will notify you by e-mail as soon as possible to confirm receipt of your order and to confirm details. For the avoidance of doubt, this correspondence does not constitute a contract between us.
3. Ownership of rights, Licensing and usage rights
All rights, including copyright, in this website, are owned by or licensed to Rhubarb & Custard. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use, is prohibited without our permission. You may not modify, distribute or repost anything on this website for any purpose. The copyright Designs and Patents Acts assign the copyright of all photographs taken by our photographers' images to Rhubarb & Custard.
Display:
The client(s) hereby allow(s) the photographer to display any photograph covered by this contract and to generally promote the business in advertising, brochures, magazine articles, websites, sample albums etc.
● Photographs taken during the course of the photoshoot or event will be at the discretion of the photographer although every effort will be made to comply with the client's requirements.
● The photographer shall be granted artistic license in relation to the poses photographed and the locations used. The photographer's judgement regarding these matters shall be deemed correct.
● The photographer shall endeavour to photograph all individuals as requested by the client(s) at some point, but no responsibility will be taken by the photographer on the occasion of leaving somebody out.
● For a booking involving a church ceremony or at certain venues, the photographer's movements are sometimes restricted by the official in charge. The area from which the photographer is able to cover the ceremony may not be the photographer's choice and the photographer cannot accept responsibility for any obstructed view should this be the case.
● Due to a variety of lighting conditions and the limitations of digital sensors, some colours may alter throughout a set of photographs.
● Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, the photographer will not be responsible for photographs that are not produced due to technical failure.
4. Accuracy of content
We have taken care in the preparation of the content of this website, in particular, to ensure that prices quoted are correct at the time of publishing and that all goods have been described accurately. However, orders will only be processed if there are no material errors in the description of the goods or their prices as advertised on this website. Any weights, dimensions and capacities given about the goods are approximate only.
5. Damage to your computer
We try to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website. Except in the case of negligence on our part, we will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.
6. Availability
All orders are subject to acceptance and availability. If the goods you have ordered are not available from stock, we will contact you by e-mail or phone (if you have given us details). You will have the option either to wait until the item is available from stock or to cancel your order.
7. Ordering errors
You are able to correct errors on your order up to the point on which you click on “submit” during the ordering process.
8. Price
The prices payable for goods that you order are as set out on our website. All prices are inclusive of VAT at the current rates and are correct at the time of entering information.
Where it is not possible to accept your order to buy goods of the specification and description at the price indicated, we will advise you by email, and offer to sell you the goods of the specification and description at the price stated in the email and will state in the email the period for which the offer or the price remains valid.
All standard photoshoot sittings, events and additional goods are supplied at the prices ruling on the date of booking. Goods not specified on the booking form are supplied at the prices ruling at
the time of receipt of the order.
Our standard photoshoot sitting fees and prices for My Eton Days Subscriptions are for shoots taken within our normal working hours (ie 10.30-5.30pm Tuesday to Saturday). All photoshoots outside of these times will be charged at double the standard rate. My Eton Days subscriptions cover the shooting time and administration of the shoots and do not include the cost of the final photobooks themselves.
Discounts are applied in the following order:
If applicable, free item discounts are applied first. They take effect only if the customer has added matching items to his/her cart. If applicable, fixed-amount discounts are deducted next. If applicable, percentage discounts are applied next. The percentage is applied to the "adjusted subtotal", defined as the raw subtotal minus all free item discounts and minus fixed-amount discounts. Percentage discounts apply to the adjusted subtotal only - not to shipping. If applicable, free shipping discounts are applied last.
9. Payment terms
Standard Payments terms are 7days from the invoice unless otherwise noted on your invoice. A charge of 5% per month from the due date will be added to late payments.
We accept no liability if a delivery is delayed because it did not give us the correct payment details. If it is not possible to obtain full payment for the goods from you, then we can refuse to process your order and/or suspend any further deliveries to you. This does not affect any other rights we may have.
● For photo sessions, a non-refundable booking fee (or sitting fee) will confirm your booking, as well as full acceptance of the terms and conditions as published on our website.
● Additional goods ordered must be paid for in full at the time of ordering.
● Titles to all goods remain with the photographer until paid for in full by the client(s)
10. Delivery charges
● Delivery charges vary according to the type of goods ordered and the location of delivery.
11. Delivery
● You will be required to pay extra for delivery and it might not be possible for us to deliver to some locations.
● We will deliver the goods to the address you specify for delivery in your order. It is important that this address is accurate. Please be precise about where you would like the goods left if you are out when we deliver. We cannot accept any liability for any loss or damage to the goods once they have been delivered in accordance with your delivery instructions (unless this is caused by our negligence). We will aim to deliver the goods by the date quoted for delivery but delivery times are not guaranteed and therefore time is not of the essence. In any event, we will aim to deliver your goods within 30 days from the day after the day we received your order or final approval of a design. If delivery is delayed beyond this time, we will contact you and either agree on a mutually acceptable alternative date or offer you a full refund.
● You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
12. Risk and ownership
● Risk of damage to or loss of the Goods passes to you at the time of delivery to you. If you choose to use your own courier then the risk passes to you as soon as the goods are handed to your courier. You will only own the goods once they have been successfully delivered.
13. Cancellation rights / returns policy
● Under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 SI 2013/3134 you have the legal right to cancel your order up to 14 calendar days after the day on which you receive your goods (with the exception of any made to order items such as photo prints, photo-books, photo collages, cut-outs). You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.
● Should you wish to cancel your order, you can use the cancellation form provided at the end of these terms and conditions, or alternatively, you can notify us by any other clear statement.
● You cannot cancel your contract if the goods you have ordered are bespoke (i.e. made to order), or any digital orders (ie digital downloads and DVD’s / USB’s containing collections of photos from your photoshoot. This also includes Photo-books.
● If you have received the goods before you cancel your contract then you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery, you should not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.
● Once you have notified us that you are cancelling your contract, and we have either received the goods back or, if earlier, received evidence that you have sent the goods back, we will refund any sum debited by us from your credit or debit card within 14 calendar days.
● We may make a deduction from your refund for any loss in the value of the goods supplied if the loss is the result of unnecessary handling by you (for example using or wearing the goods prior to cancellation)
If we are required to carry out any re-working on an already agreed design, then there will be an additional Re-Working charge of £50 in addition to any production costs.
13.1 - Pre-Photoshoot Digital Packages - Refund Policy
If you notify us within 5 working days of your photos going live online that you no longer want the digital files we will refund you, no questions asked. We will delay the sending of the USB stick or activating any Website downloads by 5 working days to give you time to review the files and ensure you are completely satisfied. We cannot refund you once we have sent you the digital files after 5 days or if you have requested to receive the digital files in advance of the 5 working days.
13.2 - Photo-shoot no-Shows
Portraits & Photoshoots - You must notify us at least 2 hours prior to your appointment start time if you are unable to attend for any reason. Failure to do so will result in you being charged the full price of the sitting fee.
14. PHOTOGRAPHY COURSES & WORKSHOPS
Cooling Off Period - 14 Days
● If you give us more than 28 days notice to cancel, we will refund you 100% of your fee less a £10 cancellation charge (to cover our admin and PayPal / cc charges).
● If you give us less than 28 days notice but more than 14 days notice, we will refund 50% of your fee less a £10 cancellation charge
● If you give us less than 14 full day's notice or fail to attend, then no refunds will be given.
CHANGING DATES & RESCHEDULING
● If you wish to change the date of your workshop or course then if the course date is still more than 28 days away, there will be no fee.
● If the original date of your course starts within 28 days but more than 14 days, then there will be a 50% charge
● If the original date of your course is less then 14 days away, then you will not be able to change the date. No shows are not eligible for a refund.
● Any special offers or discounts (including early-bird discounts) cannot be transferred to another course. You may, therefore, need to pay an additional charge to move to another date.
We are unable to give a refund or offer a transfer to another course in case of illness or for any other reason you might be unable to attend without due notice of the times above.
If the price of the workshop or course has changed between your original purchase and the date you wish to change to, you will be charged at the current price and may need to make up the difference.
Rhubarb & Custard reserves the right to cancel a course if the required number of places has not filled. In the unlikely event that we have to cancel a course, a full refund or transfer is offered.
ONE TO ONE PHOTOGRAPHY TUITION & PRIVATE PHOTOGRAPHY LESSONS
● Full payment is required if you cancel or change your lesson within 48 hours.
● No shows are not eligible for a refund and the session cannot be re-booked in the case of block bookings.
● All sessions must be completed within a 12 month period for pre-paid or block bookings
Courses bought using Gift Vouchers
Gift Vouchers shall be treated in the same way as cash and the same cancellation policies will apply for the relevant type of lesson workshop or course.
15. Cancellation by us
● We reserve the right not to process your order if:
● We have insufficient stock to deliver the goods you have ordered;
● We do not deliver to your area; or
● One or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
● If we do not process your order for the above reasons, we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit/debit card as soon as possible, but in any event within 14 days.
● If there is a problem with the goods
● If you have any questions or complaints about the goods please contact us. You can do so at (01753 911 630 /140 High Street, Eton, Berkshire, SL4 6DB).
● We are under a legal duty to supply goods that are in conformity with this contract and in accordance with the Consumer Rights Act 2015 (the Act).
● If you wish to exercise your legal rights to reject goods that do not conform with the Act you must either return them in person to where you bought them, post them back to us, or (if they are not suitable for posting) or allow us to collect them from you. We will pay the cost of postage or collection.
16. Liability
● Unless agreed otherwise, if you do not receive goods ordered by you within 30 days of the date on which you ordered them and decide to cancel the order rather than re-arrange delivery (in accordance with clause 11), we will provide you with a full refund.
● We are only responsible for losses that are a natural, foreseeable consequence of our breach of these terms and conditions. We do not accept liability if we are prevented or delayed from complying with our obligations set out in these terms and conditions by anything you (or anyone acting with your express or implied authority) does or fails to do, or is due to events that are beyond our reasonable control.
● Furthermore, we do not accept liability for any losses related to any business of yours including but not limited to: lost data, lost profits, lost revenues or business interruption.
● You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
● Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence. You have certain rights as a consumer including legal rights (e.g. under the Act) relating to faulty and/or misdescribed goods.
17. Notices
● Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at (140 High Street, Eton, Berkshire, SL4 6DB) and all notices from us to you will be displayed on our website from time to time.
18. Changes to legal notices
● We reserve the right to change these terms and conditions from time to time and you should look through them as often as possible.
19. Law, jurisdiction and language
● This website, any content contained therein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with English law. Parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.
20. Invalidity
● If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
21. Privacy
● You acknowledge and agree to be bound by the terms of our privacy policy.
22. Third-party rights
● Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.
PRIVACY STATEMENT
I/We, (Rhubarb & Custard) are committed to respecting and protecting the privacy of anyone using our site and the confidentiality of any information that you provide us with. The purpose of this statement is to set out how we use any personal information that we may obtain from you.
Data Protection Act 1998 (‘the Act’)
We are registered under the Data Protection Act and comply with the Act in all our dealings with your personal data.
Use and collection of personal information
In general, you can visit our website without telling us who you are and without revealing any information about yourself. If, however, you use our site you will need to register and you will be asked to provide certain information such as your contact details. We will store this data and hold it on computer or otherwise.
We may use information that you provide:
• To register you with our website and to administer it.
• For assessment and analysis, e.g. marketing, customer and product analysis, to enable us to review, develop and improve our services.
If you do not want us to use data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your data.
We may disclose your personal information to third parties:
• In the event we sell or buy any business or assets, in which case we might disclose your personal data to the prospective buyer or seller.
• If we are under a legal duty to disclose or share your personal data in order to comply with or meet any legal obligation.
Cookies
● We collect information directly from you in a number of ways. One way is through our use of ‘cookies’. Most websites use cookies in order to make them work, or to work more efficiently, as well as to provide information to the owners of the website. They help us to understand how our customers and potential customers use our website so we can develop and improve the design, layout, content and function of the site. Cookies are small text files that are placed on your computer’s hard drive by websites that you visit. They save and retrieve pieces of information about your visit to the website – for example, how you entered the site, how you navigated through the site and what information and documentation were of interest to you. This means that when you go back to a website, it can give you tailored options based on the information it has stored about you on your last visit.
● Some of our cookies are used to simply collect information about how visitors use our website and these types of cookies collect the information in an anonymous form.
● Where there is a login process relating to buying products or services from us we also use cookies to store personal registration information so that you do not have to provide it to us again on subsequent visits.
The rules about cookies on websites have recently changed. If you are uncomfortable with the use of cookies, you can disable cookies on your computer by changing the settings in the preferences or options menu in your browser. You can set your browser to reject or block cookies or to tell you when a website tries to put a cookie on your computer. You can also delete any cookies that are already stored on your computer’s hard drive. However, please be aware that if you do delete and block all cookies from our website, parts of the site will not then work. This is because some of the cookies we use are essential for parts of our website to operate. Likewise, you may not be able to use some products and services on other websites without cookies.
To find out more about cookies, including seeing what cookies have been set and how to manage and delete them, visit www.allaboutcookies.org.
If you do not wish to accept cookies from our website, please leave this site immediately and then delete and block all cookies from this site. Alternatively, you may opt-out of receiving information from us by e-mail, telephone, fax or post. Our phone number is (details), or you can e-mail us on (details).
Security
● We endeavour to take all reasonable steps to protect your personal information. However, we cannot guarantee the security of any data that you disclose online and we will not be responsible for any breach of security unless this is due to our negligence or wilful default.
Your rights
● You have the right to ask us not to process your personal data for marketing purposes. We will aim to inform you before collecting your data if we intend to use your data for such purposes or we intend to disclose your information to any third party for such purpose. You can exercise your right to prevent this from happening by checking certain boxes on the forms we use to collect your data.
General
● You have the right to see personal data (as defined under the Data Protection Act) that we keep about you upon receipt of a written request and payment of a fee of £10. Any request should be sent to: The Manager, Rhubarb & Custard, 140 High Street, Eton, Berks, SL4 6DB.
CANCELLATION FORM
To Rhubarb & Custard, 140 High Street, Eton, Berkshire, SL4 6DB:
I/We* hereby give you notice that I/We* cancel my/our* contract for the sale of the following goods*/for the supply of the following service*:
Ordered on*/received on*: ……………………………………………….
Name of consumer(s): ……………………………………………….
Address of consumer(s): ………………………………………………………………………………………….
Signature of consumer(s): ………………………………………………. (only if this form is notified on paper)
Date: ……………………………………………….
*Delete as appropriate