Legislation changed on 13 June 2014, with the implementation of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (“Regulations”). These regulations are the result of the EU Consumer Rights Directive (2011/83/EU) and replace previous consumer legislation ( Consumer Protection (Distance Selling) Regulations 2000 and the Cancellation of Contracts made in a Consumer’s Home or Place of Work Regulations 2008 ).
The requirements on suppliers of goods and services has seen some significant shifts and my revised generic Terms and Conditions can be read below.
Additional specific terms and conditions apply to Portrait sessions, Weddings and Events.
Images supplied as digital files
Images sold as digital files will be in JPEG file format ( not JPEG 2000 or another form ), baseline standard encoding and 8 bit ( the bit depth limit of standard JPEG files ). Unless otherwise requested, image files will be supplied in sRGB IEC61966-2.1 Colourspace which is the standard for the internet, print labs and consumer display devices. These files are compatible with computers and other digital devices in common use. The full image size files from one of my cameras in particular are large. As a result image files that are the full size ( pixel dimensions ) or close to full size are large files. This will result in digital devices with slow processors or storage device read speed and / or small amounts of RAM may be slow to open these files and to zoom in. Similarly the files will take up more storage space than smaller files. For displaying images on digital devices it is best to have the image sized to the display resolution of the device and no more.
If you require image files in a different format, such as 16 bit TIFFs, this can be done. If you need files in a CMYK format, then, as you will know, conversion to this format is best done by yourselves or the printers.
If you send the files off to a print lab and do not use the lab's printer colour profile the images will not be rendered accurately. If the lab does not supply a printer colour profile, look for a different lab.
Digital Slideshows and video files
Slideshows can be provided as a PDF file (Adobe Portable Document Format ), an executable file for Windows based computers or in standard video formats. When supplied as a PDF file you will need Adobe Acrobat Reader installed. This is available free from Adobe for computers and other mobile devices including Slates ( commonly mis-called tablets ) and Smart 'Phones.
Video files are intended to be compatible with DVD players and computer systems that have the appropriate codecs installed. No responsibility will be accepted for supplying the necessary codecs or software to run the supplied standard format video files on a computer. If your computer plays video files from normal shop purchased DVDs then the video files I supply should also be compatible.
If you order images that are supplied as digital files, once they have been sent to you, you are not entitled to a refund or replacement if you change your mind. If a file appears to be faulty then a replacement file of the same image will be supplied to you. This also applies to any Slideshows or other digital media.
I prefer not to supply digital image files by e-mail because of the way that some e-mail clients and service providers compress the files resulting in degraded quality. Instead I prefer to supply image files via a website download page, posted CD / DVD / other storage device or via YouSendIt / DropBox or similar. If you require image file delivery via e-mail I will not be accountable for any image degradation caused by doing so.
The new 14 day cooling off period
The new standard '14 calendar day cooling off period' does not apply once the digital media has been sent. If you are ordering digital media then you will have to decide if you want the media immediately or if you want to wait the 14 days. If you want it before the end of the 14 day cooling off period then, once it has been sent, you will not have the right to cancel, change or return your order. If a file has become faulty in transfer then it will be replaced with another version of the same file.
Printed media of any form ( album, Wall art, prints, acrylics etc ) constitutes a custom product and once the order has been sent to the print lab or album manufacturer it cannot be cancelled. I will, unless otherwise instructed, wait 14 days before sending the order to the print lab / album manufacturer etc. If you instruct me to place the order before the end of the 14 days from paying for the media then it will be accepted that you do not want the 14 days cooling off period.
The photographer will retain copyright of the images unless an agreement is made otherwise. Images supplied to the purchaser cannot be sold on to a third party or supplied for free to a third party. Images supplied as digital device files are not licensed for printing or any other means of making a physical version of the image. Images that are supplied as files for printing are supplied on the basis that the printing will be for personal use only and not for commercial gain. All images, supplied as prints or as digital media are only licensed for personal use.
25th June 2014