TERMS AND CONDITIONS
Please read all these terms and conditions.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, just phone us on 07943656892 or e-mail at [email protected]
These Terms and Conditions will apply to the purchase of the services and goods by you (the Customer or you).
Alin Turcanu of 12 Unicorn Street, Eccles Manchester, M30 7DW with email address [email protected]; telephone number (07943656892); (the Supplier or us or we).
These are the terms on which we sell all Services to you. By ordering any of the Services, you agree to be bound by these Terms and Conditions.
The contract is in place from the time you pay your booking fee (£300) with the intention of paying Alin Turcanu Photography for attending and photographing your wedding on your chosen date. You are required to return the contract date and with both partners signatures. Failure to return the signed contract does not, however, invalidate the contract nor absolve you from the acceptance of the Terms & Conditions laid out in it. (A photo with location details and your both signatures on the last page, it is usually the most common)
Client means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
Contract means the legally-binding agreement between you and us for the supply of the Services;
Delivery Location means the Supplier’s premises or other location where the Services are to be supplied, as set out in the Order;
Goods means any goods that we supply to you with the Services, of the number and description as set out in the Order;
Order means the Customer’s order for the Services from the Supplier as set out in the Customer’s order or in the Customer’s written acceptance of the Supplier’s quotation;
Services means the services, including any Goods, of the number and description set out in the Order.
The Copyright Designs and Patents Acts 1998 assigns the copyright of the images to the photographer(s). “The Photographer” assigns limited rights to “The Client”. “The Client” may reproduce, copy and distribute the photographs for personal use only. This is known as a “license to print.”
The client is not authorized to copy and pass any photographs or derived products to any third party person or organisation for commercial use without first getting permission in writing from the copyright owner (Alin Turcanu Photography). This includes any other vendors booked by the client for his or her wedding.
The description of the photography services is as set out in our website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in size or colour of any photographs supplied.
In the case of photography services are made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
All Services are subject to availability, we are working on “1st come first served” basis.
We can make changes to the photography services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
The client, allow the photographer to display any photograph covered by this contract and to promote the business in advertising, brochures, magazine articles, websites, sample albums and prints, and other such material, providing that the images used are used lawfully and without damage to the client.
You must co-operate with us in all matters relating to the photography services, provide us with access to any premises under your control as required, provide us with all information required to perform the photography services and obtain any necessary licences and consents.
Failure to comply with the above is a Client default which entitles us to suspend performance of the photography services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.
Basis of Sale (services)
The description of the Photography Services and any Goods in our website, catalogues, brochures or other form of advertisement does not constitute a contractual offer to sell the Photography Services or Goods.
When an Order has been made, we can reject it for any reason, although we will try to tell you the reason without delay.
A Contract will be formed for the Photography Services ordered, only upon the Supplier sending an email to the Client saying that the Order has been accepted or, if earlier, the Supplier’s delivery of the Services to the Client.
Any quotation or estimate of Fees (as defined below) is valid for a maximum period of 5 days from its date, unless we expressly withdraw it at an earlier time.
Ex: We’ve met on a Wedding Fair and we agreed to photograph your wedding day. You have the responsibility to pay your deposit fee in the next 5 days, otherwise your date will be automatically made available again.
No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer where we, the Supplier and you the Customer, enter the Contract at any of the Supplier’s business premises, and where the Contract is not a contract (i) for which an offer was made by the Customer in the Supplier’s and the Customer’s simultaneous physical presence away from those premises, or (ii) made immediately after the Customer was personally and individually addressed in the Supplier’s and the Customer’s simultaneous physical presence away from those premises. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate to you and which might, in some way, be better for you, eg by giving cancellation rights pursuant to consumer protection law. Business premises means immovable retail premises where we carry on business on a permanent basis or, in the case of movable retail premises, on a usual basis.
Fees and Payment
The fees (Fees) for the Photography Services and albums, the price of any Goods (if not included in the Fees) and any additional delivery or other charges is that set out in our price list current at the date of the Order or such other price as we may agree in writing. Prices for Photography Services may be calculated on a fixed fee or on a standard rate basis.
Fees and charges include VAT at the rate applicable at the time of the Order.
Payment for Services must be made within 5 days of invoice received. You must pay in cash or by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Services. The deposit amount is £300 and will be deducted from your total Package price.
You will be sent an invoice no later than 5 weeks prior to your wedding date for the outstanding balance (were applicable). It is the client’s responsibility to ensure payment for any outstanding balance is made in full, not later than 4 (four) weeks prior to the wedding date.
A deferred payment option is available if required. Under this option you pay the final 25% of your wedding balance up to three months after your wedding or when you order your wedding album whichever is sooner. (Please note that until the final 25% is cleared no products will be sent out i.e. albums, prints
etc.). Please ask for more details.
An installment plan can be agreed as well, ask for details.
A discount of 5% on the total balance is available if payment in full is made within 5 days of the booking being confirmed.
We will deliver the Services, including any Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement:
- in the case of Services, within a reasonable time; and
- in the case of Goods, without undue delay and, in any event, not more than 30 calender days from the day on which the Contract is entered into.
Services will be delivered as below:
USB (where applicable)
14 – 21 days
14 – 21 days
14 days after you chose your photos
Wedding album changes
2 weeks per round of changes
6-10 weeks after approved by yourself
During summer wedding season please allow 5 days extra for busy periods; although we will attempt to meet the 3 weeks maximum for delivery of your wedding photographs.
In any case, regardless of events beyond our control, if we do not deliver the Services on time, you can require us to reduce the Fees or charges by an appropriate amount (including the right to receive a refund for anything already paid above the reduced amount). The amount of the reduction can, where appropriate, be up to the full amount of the Fees or charges.
In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
- we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
- after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
Risk and Title
Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.
Extra Wedding albums or prints MUST be paid before are sent to printing.
Withdrawal and cancellation
You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
You can cancel the Contract except for any Goods which are made to your special requirements by telling us no later than 14 calendar days from the day the Contract was entered into. If you simply wish to change your mind and without giving us a reason, and without liability, except in that case, you must return to any of our business premises the Goods in undamaged condition at your own expense. Then we must without delay refund to you the price for those Goods and Services which have been paid for in advance, but we can retain any separate delivery charge. This does not affect your rights when the reason for the cancellation is any defective Goods or Services.
All clients have the option to cancel within 14 days from the date of booking, even if the booking fee has been paid. 50% of the booking fee will be refunded in this case.
- Less than 28 working days prior to the wedding date – 100% of the outstanding balance needs to be paid.
- 29 – 84 working days prior to the wedding date stated on Page 1 – 50% of the outstanding balance needs to be paid.
- 85+ working days to the wedding date stated on Page 1 – 0% of the balance is payable.
All notice to cancel must be given as soon as possible; a telephone call is acceptable to inform us as soon as possible; however this needs to be confirmed in writing, e-mail is acceptable under these circumstances.
- Mobile Number: 07943 656 892
- [email protected]
The Client may change the date booked earlier, if somebody else has not booked it already. No additional charges apply and written consent is required. The photographer cannot take responsibility in the event when the new date is booked or other responsibilities need to be carrying out on this date. No refunds will be given.
The Client may upgrade or degrade the package at any time. No additional charges apply and written consent is required. The Client have to pay the difference between the amount already paid and the new amount due.
Conformity and Guarantee
We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
Upon delivery, the Goods will:
- be of satisfactory quality;
- be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
- conform to their description.
It is not a failure to conform if the failure has its origin in your materials.
We will supply the Services with reasonable skill and care – we will personally deliver the wedding albums/prints.
We will immediately, or within a reasonable time, give you the benefit of the free guarantee given by the manufacturer of the Goods. Details of the guarantee, including the name and address of the manufacturer, the duration and territorial scope of the guarantee, are set out in the manufacturer’s guarantee provided with the Goods. This guarantee will take effect at the time the Goods are delivered, and will not reduce your legal rights.
In relation to the Services, anything we say or write to you, or anything someone else says or writes to you on our behalf, about us or about the Services, is a term of the Contract (which we must comply with) if you take it into account when deciding to enter this Contract, or when making any decision about the Services after entering into this Contract. Anything you take into account is subject to anything that qualified it and was said or written to you by us or on behalf of us on the same occasion, and any change to it that has been expressly agreed between us (before entering this Contract or later).
Duration, termination and suspension
The Contract continues as long as it takes us to perform the Services.
Either you or we may terminate the Contract or suspend the Services at any time by a written notice of termination or suspension to the other if that other:
- commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed or is not fixed within 30 days of the written notice; or
- is subject to any step towards its bankruptcy or liquidation.
On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.
Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
For the purposes of these Terms and Conditions:
- ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.
- ‘GDPR’ means the General Data Protection Regulation (EU) 2016/679.
- ‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.
We are a Data Controller of the Personal Data we Process in providing the Services and Goods to you.
Where you supply Personal Data to us so we can provide Services and Goods to you, and we Process that Personal Data in the course of providing the Services and Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
- before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
- we will only Process Personal Data for the purposes identified;
- we will respect your rights in relation to your Personal Data; and
- we will implement technical and organisational measures to ensure your Personal Data is secure.
For any enquiries or complaints regarding data privacy, you can e-mail: [email protected]
Circumstances beyond the control of either party
In the event of any failure by a party because of something beyond its reasonable control:
- the party will advise the other party as soon as reasonably practicable; and
- the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery and the right to cancel below.
We do not exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to your business, trade, craft or profession which would not be suffered by a Consumer – because we believe you are not buying the Services and Goods wholly or mainly for your business, trade, craft or profession.
Governing law, jurisdiction and complaints
The Contract (including any non-contractual matters) is governed by the law of England and Wales.
Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of Scotland or Northern Ireland respectively.
We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 48 hour.
The website Terms and Conditions can be changes without any notice.