Terms of Use
INTRODUCTION
These Terms and Conditions set out how you (the User) can use this Site.
Please read them carefully.
The Lunar Photography Privacy Statement is set out in a separate page and confirms how we use data relating to you and it forms part of these Terms of Use.
Separate legal terms apply to purchases made via this Site.
These terms may change from time and the terms in force will be displayed on this page.
ABOUT US AND HOW TO CONTACT US
Lunar Photography founded by Imogen Moon operate from 16 East Street, Heanor, Derbyshire DE75 7NE.
You can contact us in writing via imogen@lunarphoto.co.uk or by post at the registered office address.
SITE USE
By visiting www.lunarphoto.co.uk you are consenting our terms and conditions as set out below. Should you not wish to accept the terms and conditions of this Site in full you should cease using this Site immediately.
This website, www.lunarphoto.co.uk, will be referred to as the “Site”. All visitors to the Site will be referred to as “User” “You” or “Your”. As a user, you will be bound by these Terms of Use which may also be referred to from time to time as Terms and Conditions. The terms “We” “Us” and “Our” refer to Lunar Photography. Accessing and using the Site constitutes acceptance of the Terms of Use.
By using this Site you agree to the Terms and Conditions without modification. We reserve the right to amend the Terms of Use of this Site and on doing so we will update these Terms and Conditions.
This Site is intended for use by persons who are a minimum of 18 years old.
You must not copy, share or disseminate the information on this site which is subject to copyright for which all rights are reserved.
This Site is directed to people residing in the United Kingdom. We do not represent that the content will be available or appropriate in other locations. This Site is written in English and we do not take responsibility for any translations which are applied to this Site.
In using this Site you may encounter comments and/or content supplied by other users. The information contained within user comments is not verified or approved by us. The views expressed by other users on the Site do not represent our views or values.
TERMS
The content on this Site, and the associated social media channels (via @lunarrphotographyy) and email marketing, will include information on equine & dog photo shoots. All content is intended for informational purposes only. None of the content in emails, blog posts or social media posts should be construed as specific equine & dog photo shoot advice.
In addition to these Terms of Use please be aware of our Privacy Policy and Terms and Conditions of Sale which include key terms which are set out separately on our Site.
SITE OPERATION
This Site is available free of charge.
We do not guarantee the availability of any Site or content. We reserve all rights to withdraw, suspend or restrict the content at any time for any reasons. Where possible, we will give you reasonable notice if the Site is to be suspended.
We do not guarantee that this Site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our Site. You should use your own virus protection software.
PRIVACY POLICY
Our business has a privacy policy. The key elements of that policy are set out on this Site in our Privacy Statement, last updated 09/07/2021. The Privacy Statement can be found above.
INTELLECTUAL PROPERTY RIGHTS
This Site contains intellectual property created and owned by Imogen Moon unless otherwise stated. The Intellectual Property includes all content on the Site. Content means any text, graphics, audio and video and also extends to the page layouts of this Site and any social media channels and emails. All photographs and videos on this website and the connected social media channels @lunarrphotographyy f: Lunar Photography are subject to copyright.
You may not use our intellectual property in any way. This includes but is not limited to republishing or sharing any text, graphics, audio and video and also extends to the page layouts of this Site and any social media channels and emails.
Should you wish to utilise the content on this Site please contact imogen@lunarphoto.co.uk to make your request. You must receive written permission to repurpose, copy and/or modify any content on this Site, or content which is shared to you by email or on social media.
If you are granted permission to share content from this Site or our social media channels please link back to the specific website page and let us know that you have shared the piece so that we can share your piece with our audience.
For all copyright requests please contact Imogen via imogen@lunarphoto.co.uk.
LOSS OR DAMAGE
Notwithstanding any of these terms, we do not intend to exclude or limit our liability to you where it would be unlawful to do so. We do not exclude or limit liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
We have no liability to You for any loss of profit, loss of business, business interruption or loss of business opportunity. To the maximum extent permissible at law, our aggregate liability to you in connection with these terms howsoever arising in contract, negligence or otherwise, is limited to £250.
If defective digital content that we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation.
Refunds, Cancellations & Booking fees
1.You have the right to cancel within 14 days of paying your booking fee. If you pay your booking fee less than 14 days in advance of your photo shoot, this does not apply. After 14 days the booking fee is non-refundable.
2. A £100 NON REFUNDABLE booking fee MUST be paid to secure your chosen date.
Bookings are secured by payment, failure to make payment will mean that your photo shoot slot is not secured and may be rebooked by another customer.
3. Should cancellation by Lunar Photography be necessary, this will be communicated as soon as possible. If unforeseen circumstances should occur, Lunar Photography will reschedule for a time to suit both parties.
4. Should weather conditions be deemed unfavourable (upon mutual agreement between Lunar Photography and the customer), photo shoots may be rescheduled to suit both parties. This is due to expensive equipment not being waterproof and the adverse affect on the quality of the photo shoot. Any concerns regarding the weather will be communicated as soon as possible. There is no extra charge for rescheduling for this reason. If the weather is unfavourable and we agree to go ahead with the photo shoot, there is no guarantee for the quality of the photos.
5. Rescheduling for reasons other than unfavourable weather, illness, loss of life to you or your horse/dog will incur a £30 rescheduling fee.
6. If you need to reschedule for any other reason, please let me know no later than 7 days before your photo shoot, failure to do this will incur a £30 rescheduling fee.
DISCLAIMERS
The information on this website is intended for entertainment and information purposes only and does not constitute medical (including dietary) advice. The information on this Site is provided without any representations or warranties, express or implied.
You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on our Site.
You must not rely on the information on our Site as an alternative to medical advice from your doctor or other professional healthcare provider. If you have any specific questions about a medical matter you should consult your GP or other relevant health professional. If you believe you may be suffering from a medical condition you should seek immediate medical attention. You should never delay in seeking medical advice because of information on our website or social media channels.
Although reasonable efforts are made to update the information on this Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up to date.
The content on this Site does not constitute equine & dog photo shoot advice. Should you require advice under any of these heads then you should contact a professional directly. Viewing the information on this Site does not constitute a contractual relationship between you and us.
Nothing in this disclaimer will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
This Site may contain links to other sites. These sites are not under our control and we cannot be responsible for any actions or events arising from you following any links from this Site. Links are provided for informational purposes only and should note be interpreted as approval or endorsement by us.
Any comments on our blog or social media channels are not endorsed or verified by us. We are not responsible for the comments on our Site made by third parties. Should we become aware of comments which are likely to be distressing we will remove them from our Site. Removal of comments does not indicate that any compensation will be awarded, it will not, comments are removed to ensure enjoyment for Site users.
JURISDICTION AND DISPUTE RESOLUTION
These Terms are governed by the laws of England & Wales. The Courts of England & Wales have exclusive jurisdiction for any matter and proceedings arising out of the use of this Site.
It is intended that all disputes can be resolved with good faith between the parties. Should it not be possible to resolve a dispute then the dispute shall be referred to mediation.
COOKIES POLICY
This Site uses cookies; small files of letter and numbers that are automatically placed on your machine – if you agree - to help our Site provide a better user experience.
Cookies do not typically include identifying personal information but cookies may also be linked to personal information which is stored about you.
We use cookies to retain your user preferences, store information from elements of our Site such as shopping carts, and to provide anonymised tracking data to third party applications such as Google Analytics. These cookies are likely to be analytical/performance cookies or targeting cookies. We have no control over third party cookies.
In general, cookies should make your browsing experience better. You may prefer to disable cookies for this Site which you can do by disabling cookies in your browser. We suggest following the steps via the ‘Help’ tool of your browser. Please note that if you change your browser settings to block all cookies (including essential cookies) you may not be able to access some or all of our Site.
Except for essential cookies, all cookies expire within a reasonable period of time.
MISCALLENEOUS
Whilst using this Site you may provide personal information about yourself including your name and email address. When providing these details, you agree to provide accurate and up to date information.
For the avoidance of doubt the Terms of Use stand as terms only, there is no intention to create a contract.
Terms and Conditions of Sale
Introduction
These Terms of Purchase set out how you (the User) can make purchases from our Site. Please read them carefully. We pride ourselves in providing a high level of customer service and ensuring that you are clear in respect of all of your rights relating to your purchase. Ahead of making any purchase you will be asked to tick a box on our Site which says “I Accept the Terms and Conditions of Sale”. In ticking that box, you will be accepting the terms set out here.
We are based in the UK and our Terms of Purchase are governed by UK legislation. We DO NOT offer international shipping and our digital documents can be downloaded worldwide.
The Terms of Use for our Site and our Privacy Statement can be found on separate pages.
It is always our aim that you will be fully satisfied with your purchase. Should you have any questions about your purchase we will be happy to assist.
Purchase Terms for Services
The details of each specific service and the terms of delivery associated with it are described on each page of the website and delivered in accordance with these terms. You should review those terms in detail before purchasing.
If you purchase as a consumer, rather than a business, then should you change your mind following your purchase you are entitled to a refund within the first 14 days. Should you receive any element of the service prior to requesting a refund then any refund will be issued pro-rata for the services provided.
Purchase Terms for Non-Customised Products and Digital Downloads
We are proud of our photos and the results which our clients achieve from them. If you buy digital photo files you are purchasing a digital JPG file which you will receive via email once your payment & order has been processed. You can then download and save to your device. As you receive this file within 24 hours you will not be entitled to receive a refund so do check that you are purchasing the correct product or service to meet your needs. Your other statutory rights to a refund remain in place in the usual way.
Please be advised that we reserve all rights to our intellectual property for both our customised and non-customised products and services. This means that whilst you are free to use the download digitally or print out a copy for personal use you are not permitted to copy, distribute, adapt, edit or share any of our products with third parties.
Should you have any problems with downloading your file or be unable to access the download please email us, placing ‘Tech Query’ in the subject field and send your email to imogen@lunarphoto.co.uk
Purchase Terms for Products
We have worked hard to create products of high quality. For the individual detail and specification of each product, please see the product description which accompanies each product listing. Please note that we take all reasonable steps and care to ensure that all details, product descriptions and prices of products are accurate. Although we aim to keep this Site as up-to-date as possible, the information available on the Site may not reflect the availability position at exactly the moment you place an order.
Images of products on our Site are for illustrative purposes only. We make every effort to ensure that images are captured and displayed accurately but we cannot guarantee that the products are displayed accurately on your device. The products that you order and the packaging of the products may vary from the images on the Site.
Cancellation Rights
As a consumer purchasing online you have the legal right to cancel your order with us. Your right to cancel begins on the date you place your order and ends 14 calendar days form the day after you receive the product.
You need not provide a reason for cancelling your order; however, you must email us at imogen@lunarphoto.co.uk to cancel your order. Where possible please include your order number in the correspondence. We will then respond by email to confirm that we have received notification of cancellation.
In circumstances where you have already received your products. You will be required to package up the item and return it at your own cost. All products must be returned in their original packaging and condition, plus any additional packaging for returns. We reserve the right to reduce the amount of any refund offered to reflect any reduction in the value of the product which is caused by the way it is handled or returned by you. Following receipt of the returned products we will arrange for a refund to be returned to the card used for the purchase. Please allow up to 14 days for the refund to show on your bank statement. You will receive a refund for the price paid for the product and the original delivery charges but you will not receive a refund for the cost of returning the product to us.
You must return the products within 14 days of the cancellation being confirmed. Return items should be sent to:
Lunar Photography
16 East Street
Heanor
Derbyshire
DE75 7NE
If we have not yet dispatched the product before you cancel then we will process your refund within 14 days of your cancellation.
If you only cancel the order in respect of some and not all of the products ordered then you will not receive a refund in respect of the delivery charges.
Exclusions
Please note that whilst we provide refunds in accordance with the Consumer Contracts (information, Cancellation and Additional Charges) Regulations 2013, as set out above, as permitted by that legislation, we are unable to accept refunds of the following:
- Items which cannot be returned for health and hygiene reasons, unless the returned to us unused and in a fully resealable condition with all hygienic seals in place and unbroken;
- Items which are personalised or made to your specification;
- Products which are liable to deteriorate or expire rapidly.
Faulty Goods
Nothing in these terms affects your legal rights in respective of products which are defective or not as described.
If you think a product is defective or mis-described then please email Imogen Moon at imogen@lunarphoto.co.uk with a detailed description of the fault and, if possible, photographs of any wear and tear or similar damage to the products.
You will need to return your products to:
Lunar Photography
16 East Street
Heanor
Derbyshire
DE75 7NE
All returns made as potentially defective will be examined once they have been received by us and we will notify you via email to confirm if you are entitled to a refund. Faulty goods will be replaced with a like for like replacement where possible. If you are entitled to a refund this will be provided within 30 days of when we notify you via email that you are entitled to a refund. If you are entitled to a refund as a result of a defective product, you will receive a full refund of the price paid for the product, the original delivery charges and the cost of returning the product to us.
Pricing
The prices are as quoted on the website for each item. Prices do include VAT. The product pricing also excludes delivery charges which will be added to the total amount at the checkout.
We may change our prices at any time but changes will not affect any order in respect of which we have already sent you an order confirmation.
It is always possible, despite our best efforts, that some products listed on our Site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that, where a product's correct price is less than our stated price, we will charge you the lower amount when dispatching the product to you. If a product's correct price is higher than the price stated on our Site, we will contact you to inform you of the error and give you the option of either continuing your purchase of the product at the correct price or cancelling your order. If we are unable to contact you using the details you provided during the order process, we will treat your order as having been cancelled and notify you in writing. We are under no obligation to provide any product to you at an incorrect (lower) price if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
Delivery
Unless you are purchasing an item on pre-order or a bespoke customisation (where in such circumstances an estimated delivery date will be provided) delivery will take place within 15 calendar days of the date of the order confirmation. Our orders are usually sent out as soon as your printed product is ready (within 2 weeks of order) via Parcel Force 48 hours or similar and should reach you within a 21 day period.
If we do not deliver your product within 21 calendar days or within the other time period agreed between us, you may contact us to cancel your order. We are not responsible for delays outside of our control. We will contact you as soon as possible to let you know of any delay which may occur to your order and we will take steps to minimise the effect of the delay.
If you provide to us any instructions relating to the delivery of your order (including, without limitation, instructions to leave the products in a particular place, outhouse or with a neighbour), you are responsible for ensuring the accuracy of these instructions and we shall not be liable to you in relation to any loss of or damage to the product resulting from our following of your instructions. Delivery will be complete when we deliver the product to the address you gave us or in accordance with your other instructions.
Warranty and Liability
We warrant to you that any product purchased from us will, for at least a period of six months from the date of delivery, be of satisfactory quality, free from material defects and reasonably fit for all the purposes for which products of the kind are commonly supplied.
We will not be liable for any defect in the product arising from fair wear and tear, failure by you to follow specific care instructions, wilful damage, abnormal storage, accident, negligence by you or any third party or any alteration or repair made by you or a third party.
Our liability for any losses you suffer as a result of us breaking these terms is limited to the purchase price of the product you purchased and any losses which are a foreseeable consequence of us breaking these terms. Losses are foreseeable if they are an obvious consequence of a breach or they were contemplated by you and us at the time the purchase was made.
We do not exclude or limit in any way our liability:
- For death or personal injury caused by our negligence;
- Under section 2(3) of the Consumer Protection Act 1987;
- For breach of the terms implied by sections 12 to 15 of the Sale of Goods Act 1979;
- For fraud or fraudulent misrepresentation; or
- For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
We only supply products for domestic and private use and you agree not to use any products for commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
Additional Circumstances
Should you consider that you have grounds to obtain a refund which are not set out above you should email imogen@lunarphoto.co.uk to set out your refund request.
All refunds are provided in accordance with your statutory rights.
Law and Jurisdiction
These terms and any claim or dispute arising in relation to any purchase will be governed by English law. You and we agree that the courts of England and Wales shall have non-exclusive jurisdiction to settle any such claim or dispute.