Uwaga dotycząca archiwizacji zdjęć i powiadomień e-mail
Archiwizacja zdjęć w celu umożliwienia nowych zamówień jest częścią naszej usługi, a zatem jest to umowna część tworzenia konta klienta.
Ponadto wysyłanie przypomnień/powiadomień za pośrednictwem poczty e-mail (na przykład informacji o udostępnianiu zdjęć lub ich usuwaniu) jest częścią naszej usługi, dlatego nie jest wymagane oddzielne wyrażanie zgody.
Ponieważ wysyłanie wiadomości e-mail jest obecnie szeroko dyskutowane w mediach, postanowiliśmy uzyskać dodatkową zgodę na nowe konta klientów. Napisz do nas e-mail lub kliknij na link anuluj subskrypcję wysłany w powiadomieniu e-mail, jeśli nie chcesz otrzymywać od nas żadnych dalszych wiadomości.
Nasza polityka prywatności znajduje się tutaj.
TERMS OF SERVICE
OVERVIEW
This website is operated by F8 Imaging Ltd. Throughout the site, the terms “we”, “us” and “our” refer to F8 Imaging Ltd. F8 Imaging Ltd offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including any additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation browsers, vendors, customers, merchants, and contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions, then you may not access the website or use any services.
Any new features or tools added to the current store shall also be subject to these Terms of Service. We reserve the right to update, change or replace any part of these Terms by posting updates to our website. Your continued use of the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc., who provide the online e-commerce platform that allows us to sell our products and services.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms, you confirm that you are at least the age of majority in your jurisdiction or have given consent for any minor dependents to use this site.
You may not use our products for any unlawful or unauthorised purpose, nor violate any laws in your jurisdiction, including copyright laws.
You must not transmit any viruses or malicious code.
A breach of these Terms may result in termination of access to our Services, subject to applicable law.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone where we have a lawful reason to do so.
Your content (excluding payment information) may be transferred unencrypted over various networks. Credit card information is encrypted during transfer using appropriate security measures.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service without express written permission from us.
Headings are for convenience only and do not affect interpretation.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information on this site is inaccurate, incomplete or out of date. Any reliance on the material on this site is at your own risk, subject to any rights you may have under applicable law.
We reserve the right to modify site content at any time without obligation to update, except where required by law.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices are subject to change without notice. Price changes will not affect orders already accepted unless otherwise agreed or permitted by law.
We reserve the right to modify or discontinue the Service, subject to any existing contractual obligations and applicable law.
SECTION 5 – PRODUCTS OR SERVICES
Certain products or services may be available exclusively online and may be subject to limited quantities.
We have made every effort to display product images accurately; however, we cannot guarantee that your device’s display will accurately reflect colours or details.
We reserve the right to limit sales by person, region, or jurisdiction and to discontinue any product at any time, subject to existing contractual obligations.
Photographic Style and Subjectivity
Photographic images are subjective in nature. By placing an order, you acknowledge that variations in facial expression, posture, appearance, clothing, hair, and positioning are normal and form part of the photographic process. Such variations do not, by themselves, constitute a defect or failure of service.
Personalised Products and Refunds
Due to the personalised nature of photographic products, cancellations, refunds or exchanges may not be available once an order has entered production, except where required by law.
Nothing in this section affects any statutory rights or remedies that apply to faulty, misdescribed or otherwise non-conforming products.
Product Selection and Customer Responsibility
Customers are responsible for carefully checking their order before completing their purchase, including the product type, format, quantity, image selection and any other options selected.
F8 Imaging Ltd cannot be held responsible for a customer selecting the wrong product where the product and its description were accurately presented at the time of purchase. This includes, for example, purchasing a digital download when a physical print was intended, or purchasing a physical print when a digital download was intended.
Customers should review their basket and order confirmation carefully before completing their purchase. Where a customer has selected the wrong product, any request to correct or replace the order will be subject to the order amendment policy below.
Nothing in this section excludes liability where an error has been caused by F8 Imaging Ltd or where a customer has a statutory right to a remedy.
Order Amendments and Changes
Once an order has been placed, any request to amend, change, cancel or replace it is subject to the discretion of F8 Imaging Ltd. We reserve the right to refuse requested amendments, particularly where an order has already entered processing, production, dispatch or digital delivery.
Where we agree to amend an order, the customer will be responsible for any reasonable additional costs arising from the requested change, including applicable product price differences, additional production costs, postage and administration costs, where lawful and applicable. Any additional payment must be agreed with the customer before the amendment is processed.
We are under no obligation to amend an order simply because a customer has changed their mind or selected the wrong product. Any amendment agreed to by F8 Imaging Ltd does not establish an obligation to make similar amendments to future orders.
These provisions do not affect any cancellation, refund or other rights that a customer may have under applicable consumer protection legislation.
Digital Downloads – Refunds and Cancellations
All purchases of digital downloads are final, subject to applicable statutory rights.
F8 Imaging Ltd does not offer refunds, exchanges or cancellations for digital downloads simply because a customer has changed their mind, selected the wrong product, misunderstood the product description or subsequently decided that they would prefer a physical print.
Customers are responsible for checking that they are purchasing the correct digital product before completing their order.
Where a digital download is made available or delivered, it cannot be returned in the same way as a physical product. Customers who purchase a digital download in error may contact us to request an alternative arrangement. Any such request will be considered at our discretion, and we are under no obligation to offer a refund, replacement or exchange where no statutory entitlement applies.
Where digital content is supplied immediately, any applicable statutory cancellation rights will be handled in accordance with consumer protection legislation. Where required, customers will be asked to provide express consent to immediate supply and acknowledge the effect this has on their cancellation rights before the download is supplied.
Nothing in this section excludes or limits a customer's statutory rights, including rights relating to defective digital content, content that does not match its description, or any cancellation or refund entitlement that applies by law.
SECTION 5A – SCHOOL PHOTOGRAPHY CONDITIONS
Our school photography services are delivered within the constraints of the school environment. We are not responsible for limitations in photographic outcomes caused by factors outside our reasonable control, including but not limited to child cooperation, school timetabling, staff availability, venue limitations, weather conditions, or space constraints.
By purchasing our products, you acknowledge that photography sessions are conducted efficiently and fairly across all pupils and that individual re-takes, pose changes, or extended sessions may not be possible.
Nothing in this section excludes liability for a failure to exercise reasonable care and skill where required by law.
SECTION 5B – RE-TAKE POLICY
Re-takes are offered at the discretion of F8 Imaging Ltd and are subject to school approval, availability, and operational constraints.
Re-takes are not guaranteed and may be offered where a significant photographic or technical issue has occurred. Matters such as facial expression, eye closure, posture, or personal appearance do not automatically qualify for a re-take.
Where approved, re-takes may take place on a designated re-take day or during a future school visit. Individual appointments outside scheduled sessions are not routinely available.
Requests for re-takes must be made within the timeframe specified by the school or stated on the ordering platform.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse or cancel orders where we have a lawful reason to do so, including where there is a pricing error, suspected fraudulent activity or a product is unavailable. Where payment has been taken for an order that we cancel, any refund due will be made in accordance with applicable law.
You agree to provide accurate and complete purchase and account information and to update this information as necessary.
For more information, please review our Returns Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide access to third-party tools “as is” without warranties or endorsements and accept no liability to the extent permitted by law for issues arising from their use.
SECTION 8 – THIRD-PARTY LINKS
We are not responsible for third-party websites, content, products or services. Any concerns should be directed to the relevant third party. This does not affect any rights you may have against us under applicable law.
SECTION 9 – USER COMMENTS AND SUBMISSIONS
You agree that we may use, edit, publish and distribute comments you submit to us where permitted by law and subject to any applicable privacy rights. Any use of personal information will be governed by our Privacy Policy.
You are responsible for ensuring that your submissions do not infringe third-party rights or contain unlawful material.
SECTION 10 – PERSONAL INFORMATION
Your submission of personal information is governed by our Privacy Policy.
Image Capture and Retention
Images are captured, processed, and stored in accordance with applicable data protection legislation. Images may be securely retained for order fulfilment, customer service, reorders, quality assurance, and statutory record-keeping purposes. Access is restricted to authorised personnel only.
SECTION 10A – USE OF IMAGES FOR MARKETING
From time to time, F8 Imaging Ltd may request permission to use selected images for marketing, promotional, or portfolio purposes, including on our website, social media, or printed materials.
Such use will only occur where appropriate consent has been obtained and where permitted by the relevant school’s policies and applicable law. Parents or guardians may withdraw consent at any time by contacting us.
Where consent is not provided, images will be used solely for order fulfilment and related services, subject to our Privacy Policy and applicable law.
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
We reserve the right to correct errors or omissions, including errors in product descriptions, pricing and availability.
Where an error affects an order, we may contact the customer to explain the issue and, where appropriate, offer the option to proceed at the correct price or cancel the order. Any refund due following cancellation will be provided in accordance with applicable law.
SECTION 12 – PROHIBITED USES AND COPYRIGHT PROTECTION
You are prohibited from using the site or its content for unlawful purposes, infringing intellectual property rights, submitting false information, transmitting malware, harvesting data, or interfering with security features.
Copyright Ownership and Protection
All photographs displayed, supplied or made available by F8 Imaging Ltd remain protected by copyright. Unless expressly agreed otherwise in writing, copyright in the photographs remains with F8 Imaging Ltd or the relevant copyright owner.
Purchasing a print or digital download grants the customer the right to use the purchased product for personal purposes in accordance with the applicable product description and any licence terms supplied with it. Purchasing or downloading a photograph does not, by itself, transfer copyright ownership.
Customers and visitors to our online galleries must not copy, reproduce, distribute, publish, sell, commercially exploit or otherwise use our photographs beyond the permissions granted to them.
Removal or Circumvention of Watermarks
Watermarks are applied to protect our photographs against unauthorised copying, downloading, reproduction and distribution.
Customers and visitors to our galleries must not remove, obscure, alter or circumvent any watermark or other copyright protection applied to our photographs, or use artificial intelligence tools, image-editing software, third-party services or any other method to create or obtain an unauthorised unwatermarked version of a photograph.
Unauthorised watermark removal is strictly prohibited. Where we have evidence of deliberate watermark removal or other unauthorised use of our copyrighted photographs, we reserve the right to pursue the responsible individual for copyright infringement.
Compensation for Copyright Infringement
Where we identify evidence of deliberate watermark removal or other unauthorised use of our copyrighted photographs, F8 Imaging Ltd may seek compensation starting at £150 per infringement, depending on the nature, extent and circumstances of the infringement.
Any amount sought will be assessed on the facts of the individual case and may take account of the losses suffered, the value of the image or licence, the extent of the unauthorised use, the costs of investigating and addressing the infringement, and any other relevant factors. Any amount claimed will be subject to applicable law and must have a lawful basis.
We reserve the right to pursue additional damages, injunctive relief and recovery of legal costs where available under applicable law, including under the Copyright, Designs and Patents Act 1988.
The purchase of a legitimate print or digital download after an infringement has occurred does not automatically resolve or extinguish any claim arising from earlier unauthorised use. Any settlement or resolution must be expressly agreed with F8 Imaging Ltd.
Nothing in this section prevents a customer from exercising any rights or defences available under applicable law.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
The Service is provided “as is” and “as available”, subject to any warranties and protections that apply under law.
Nothing in these Terms excludes or limits liability where such exclusion or limitation would be unlawful, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any statutory rights that consumers cannot waive.
Subject to the foregoing, F8 Imaging Ltd, its directors, employees, contractors and affiliates shall not be liable for indirect or consequential losses to the fullest extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify and hold harmless F8 Imaging Ltd from third-party claims and reasonable losses arising from your unlawful use of the Service or infringement of third-party rights, to the extent permitted by law.
Nothing in this section requires a consumer to indemnify us for losses arising from our own breach of contract, negligence or other liability that cannot lawfully be excluded.
SECTION 15 – SEVERABILITY
If any provision is found unlawful or unenforceable, the remaining provisions shall remain in effect to the extent that they can operate independently and lawfully.
SECTION 16 – TERMINATION
These Terms remain effective unless terminated by either party in accordance with applicable law. Obligations and rights incurred prior to termination shall survive where appropriate.
SECTION 17 – ENTIRE AGREEMENT
These Terms, together with any policies expressly incorporated into them, constitute the agreement between you and F8 Imaging Ltd regarding use of the website and the relevant Services, superseding prior agreements or communications on the same subject.
Nothing in this section excludes liability for fraud or fraudulent misrepresentation.
SECTION 18 – GOVERNING LAW
These Terms and any separate agreements shall be governed by and construed in accordance with the laws of England and Wales, subject to any mandatory consumer protection provisions that apply to customers in other jurisdictions.
SECTION 19 – CHANGES TO TERMS OF SERVICE
We reserve the right to update these Terms at any time by publishing a revised version on our website. Changes will apply from the date stated in the revised Terms, subject to applicable law and any existing contractual obligations.
SECTION 20 – CONTACT INFORMATION
Questions about these Terms should be sent to:
team@f8photo.co.uk