Image Download, Invoice Payment and Gift Voucher Terms & Conditions for Online Orders (Additional Invoice Payment and Gift Voucher Sale Terms & Conditions purchased Online are detailed further down)
(this is to be used in conjunction with your signed Photography Contract, if applicable)
1. Introduction
1.1 These terms and conditions shall govern the sale and supply of downloadable images through our website, and the use of those images, invoice payments and the sale of gift vouchers.
1.2 You will be asked to give your express agreement to these terms and conditions before you place an order on our website.
1.3 This document does not affect any statutory rights you may have as a consumer.
2. Interpretation
2.1 In these terms and conditions:
(a) "we" means Jacon Marx Fouche t/a Jason Fouche Photography (and "us and "our" should be construed accordingly);
(b) "you" means our customer or prospective customer under these terms and conditions (and "your" should be construed accordingly);
(c) "images" means those images that are available for purchase on our website; and
(d) "your images" means any such images that you have purchased through our website (including any enhanced or upgraded version of the images that we may make available to you from time to time) or any images that you have already paid for from a photo shoot session.
3. Order process
3.1 The advertising of images on our website constitutes an "invitation to treat" rather than a contractual offer.
3.2 No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section 3 (unless as part of your signed Photography Contract, you are entitled to all or a set number of digital downloads from your photo shoot session, as part of your fee).
3.3 To enter into a contract through our website to download and / or purchase downloadable images from us, pay an invoice or purchase gift vouchers, the following steps must be taken: add the images, invoice payment option or gift vouchers you wish to download / purchase, to your shopping basket and then proceed by clicking the CHECKOUT button; you must enter your details, then consent to all the terms listed (where there are tick boxes), the terms of this document, which includes your signed Photography Contract (if applicable) then click the NEXT button; if the balance is zero, click the COMPLETE ORDER button, then you will then be taken to another screen where you can download the images immediately via a link. Otherwise click the NEXT button and choose your preferred payment method; if you choose to pay by card, you will be requested to enter your card details and the payment will be processed by Stripe when you click the SUBMIT PAYMENT button. If you choose to pay via PayPal you will then be transferred to the payment service provider's website where our payment service provider will handle your payment (there will be a link to return to our website); after your payment has been processed or you have clicked the COMPLETE ORDER button, your order will become a binding contract; if you have made payment on our payment service provider’s website, click the button, Return to Merchant, and then you will be returned to our website; in all cases, we will immediately (unless there is a fault with our system) send you a notification of your order email. Your order email will also contain a link to download your images straight away if your order contains digital downloads (unless they are from an Equine Portrait session, in which case they will be emailed or posted at a later date), or, we will confirm by email that we are unable to meet your order. If all your digital download images in the gallery are £0.00 and you are a business or client (or somebody the client has given access to the gallery) from a commissioned photo shoot session, a binding contract has already been made when you / the client signed the Photography Contract which included all the digital downloads as part of your photo shoot assignment fee. If you do not receive an email after the checkout process, please check your junk email box. Please download your images asap after completing the checkout process and before the link expires (please see notification of order email to check date), to ensure you have your images, as we cannot refund you or provide the files to you, if this is not actioned (there is an option to do this straight after completing the checkout process, without going into your email if all the images were £0.00).
3.4 You will have the opportunity to identify and correct input errors prior to completing your order by checking what is in your shopping basket before completing the payment process on our payment service provider’s website, clicking the SUBMIT PAYMENT or COMPLETE ORDER button. If there are any errors, please remove the relevant items in your shopping basket or amend the quantities, and click the UPDATE ORDER button, to ensure your changes are saved. Please then check your order is correct once again. Repeat this process if necessary, until all the items in your basket are correct. Please ensure your email address is correct before completing the payment process on our payment service provider’s website or clicking the SUBMIT PAYMENT or COMPLETE ORDER button, as this is where your order details will be sent and a link to download your images (if applicable). We are unable to re-send the download link or refund you, if you have supplied an incorrect email address. Due to the nature of these orders, Digital Downloads cannot be exchanged or refunded once payment has been processed or the SUBMIT PAYMENT or COMPLETE ORDER button has been clicked, as the Digital Downloads are available for immediate download after payment has been made or the SUBMIT PAYMENT or COMPLETE ORDER button has been clicked (unless this is from an Equine Portrait session). This also applies even if you have added and / or chosen the incorrect item/s by mistake or changed your mind.
3.5 It is your responsibility to ensure you have entered any, promo codes, before completing the checkout process. We are unable to provide a refund if this has not been actioned.
3.6 If your order contains a mix of products and digital downloads, please refer to both Terms and Conditions for Image Downloads and Goods Sale as both will apply.
4. Prices
4.1 Our prices are quoted on our website.
4.2 We will from time to time change the prices quoted on our website, but this will not affect contracts that have previously come into force.
4.3 There is no delivery charge for digital downloads, invoice payments or gift vouchers.
4.4 All amounts stated in these terms and conditions or on our website are stated exclusive of VAT. The prices listed on the website, is the price you will pay. There is no VAT breakdown as we are not VAT registered.
5. Payments
5.1 You must, during the checkout process, pay the prices of the images, invoice payment or gift vouchers you order.
5.2 Payments are made through PayPal.
5.3 If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:
(a) an amount equal to the amount of the charge-back;
(b) all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);
(c) an administration fee of GBP 10.00; and
(d) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 5.3 (including without limitation legal fees and debt collection fees),
and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 5.3.
6. Licensing of images
6.1 Please refer to, “The Licence of Images to Client” section in your signed Photography Contract (if applicable) and sections 6.3 – 6.9 below.
6.2 If a signed Photography Contract does not apply to you, then the following licence terms apply and sections 6.3 – 6.9 below.
(a) We own all rights, copyrights, title and interest to the Images and you have no right to use any of them outside the express terms of section 6. of this agreement.
(b) The licence terms of use, only apply once the images have been paid for.
(c) The licence given to you is for personal use only, and is irrevocable, non-transferable and non-sub-licensable. For each use outside of the Licence, (including but not limited to, advertising, use in magazines) permission must be granted by us in writing and may be subject to a further fee and credit given to us. Permission must be granted by us in writing and the fee paid, before such further use.
(d) The licence is restricted so that unless we give written authorisation, then you may not copy, edit or manipulate any Image created by us, nor permit any other person to do so, without our permission in writing.
(e) So far as any goodwill is generated by your use of the Image(s) it shall accrue to the benefit of us.
(f) You may not sell any Images to third parties.
6.3 You warrant to us that you have access to the necessary computer systems, media systems, software and network connections to receive and enjoy the benefit of your images.
6.4 All intellectual property rights and other rights in the images not expressly granted by these terms and conditions are hereby reserved.
6.5 You must retain, and must not delete, obscure or remove, copyright notices and other proprietary notices on or in any image.
6.6 The rights granted to you in these terms and conditions are personal to you, and you must not permit any third party to exercise these rights.
6.7 If you breach any provision of these terms and conditions, then the licence set out in this Section 6 will be automatically terminated upon such breach.
6.8 You may terminate the licence set out in this Section 6 by deleting all copies of the relevant images in your possession or control.
6.9 Upon the termination of a licence under this Section 6, you must, if you have not previously done so, promptly and irrevocably delete from your computer systems and other electronic devices all copies of the relevant images in your possession or control, and permanently destroy any other copies of the relevant images in your possession or control.
6.10 The entire copyright in the images is retained by Jacon Marx Fouche t/a Jason Fouche Photography at all time throughout the world. Title to all images remains the property of Jacon Marx Fouche t/a Jason Fouche Photography.
7. Distance contracts: cancellation right for Digital Downloads (see further down for the Invoice Payment and Gift Vouchers section)
7.1 This Section 7 applies if and only if you offer to contract with us, or contract with us, as a consumer - that is, as an individual acting wholly or mainly outside your trade, business, craft or profession. If you are the client from a photo shoot, this does not apply to cancelling the signed Photography Contract. This only applies to the process of the digital images you choose to download and / or purchase to download from this website, if all the digital downloads in the gallery are not £0.00.
7.2 You may withdraw an offer to enter into a contract with us, or cancel a contract entered into with us by email to, ruth@ruthellenphotography.co.
(a) beginning upon the submission of your offer; and
(b) ending at the end of 14 days after the day on which the contract is entered into,
subject to Section 7.3. You do not have to give any reason for your withdrawal or cancellation.
7.3 You agree that we may begin the provision of images before the expiry of the period referred to in Section 7.2, and you acknowledge that, if we do begin the provision of images before the end of that period, you will lose the right to cancel referred to in Section 7.2. (please note, images that are available to download immediately after payment has been processed or the COMPLETE ORDER button has been clicked, cannot be cancelled and no refund or exchange can be offered due to the nature of the purchase, which means you will lose the right to cancel your order – unless due to a fault with the system (not your computer or mobile phone), the images cannot arrive for download, then the other clauses in section 7. will apply). Just to clarify, due to the nature of these orders, Digital Downloads that are available for immediate download, cannot be exchanged or refunded once payment has been processed or the COMPLETE ORDER button has been clicked, as they are available immediately after payment has been made or the COMPLETE ORDER button has been clicked. This also applies even if you have added and / or chosen the incorrect item/s by mistake or changed your mind.
7.4 In order to withdraw an offer to contract or cancel a contract on the basis described in this Section 7, you must inform us of your decision to withdraw or cancel (as the case may be). You may inform us by means of any clear statement setting out the decision. In the case of cancellation, you may inform us using the cancellation form below in bold. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired. This can be done by sending an email to, info@jasonfouchephotography.
To Jason Fouche Photography, Earl Shilton, UK:
I hereby give notice that I cancel my contract of sale of the following order / goods (*please list the item and file name/s*):
Invoice Number:
Ordered on:
Received on:
Name of consumer:
Address of consumer:
Date:
7.5 If you cancel an order on the basis described in this Section 7, you will receive a full refund of the amount you paid to us in respect of the order or just the items that have been cancelled (not including the photo shoot assignment fee – only the amount for the additional digital images, if applicable).
7.6 We will refund money using the same method used to make the payment. In any case, you will not incur any fees as a result of the refund.
7.7 We will process the refund due to you as a result of a cancellation on the basis described in this Section 7 without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the cancellation. Please allow 2-7 working days after we have processed the refund, for a refund to appear in your PayPal account (if you paid by PayPal and have a PayPal account) or your bank account.
7.8 If you are dissatisfied with your downloaded images due to quality or there is an issue, please contact us within 14 days from the date your images were available to download to discuss, either by email to, info@jasonfouchephotography.
8. Warranties and representations
8.1 You warrant and represent to us that:
(a) you are legally capable of entering into binding contracts;
(b) you have full authority, power and capacity to agree to these terms and conditions; and
(c) all the information that you provide to us in connection with your order is true, accurate, complete, current and non-misleading.
8.2 We warrant to you that:
(a) your images will be of satisfactory quality;
(b) your images will be reasonably fit for any purpose as described or for any purpose that you make known to us before a contract under these terms and conditions is made;
(c) your images will match any description of it given by us to you; and
(d) we have the right to supply your images to you.
8.3 All of our warranties and representations relating to images are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to Section 9.1, all other warranties and representations are expressly excluded.
9. Limitations and exclusions of liability
9.1 Nothing in these terms and conditions 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,
and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.
9.2 The limitations and exclusions of liability set out in this Section 9 and elsewhere in these terms and conditions:
(a) are subject to Section 9.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
9.3 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
9.4 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
9.5 We will not be liable to you in respect of any loss or corruption of any data, database or software.
9.6 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
9.7 Downloading digital images from our website is done at your own risk and cannot be guaranteed to be free from viruses.
9.8 Our aggregate liability to you in respect of any contract to provide services to you under these terms and conditions shall not exceed the total amount paid and payable to us under the contract.
10. Variation
10.1 We may revise these terms and conditions from time to time by publishing a new version on our website.
10.2 A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.
11. Assignment
11.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
11.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
12. No waivers
12.1 No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.
12.2 No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any breach of that provision or any other provision of that contract.
13. Severability
13.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
13.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
14. Third party rights
14.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
14.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
15. Entire agreement
15.1 Subject to Section 9.1, these terms and conditions, together with our signed Photography Contract (if applicable), and terms with the tick boxes during the checkout process, shall constitute the entire agreement between you and us in relation to the sale and purchase of our downloads and the use of those downloads, invoice payment and gift vouchers, and shall supersede all previous agreements between you and us in relation to the sale and purchase of our downloads and the use of those downloads, invoice payment and gift vouchers.
16. Law and jurisdiction
16.1 These terms and conditions shall be governed by and construed in accordance with English law.
16.2 Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of England.
17. Statutory and regulatory disclosures
17.1 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.
17.2 These terms and conditions are available in the English language only.
18. Our details
18.1 This website is owned and operated by Jacon Marx Fouche.
18.2 Our principal place of business is at 90 Park Road, Earl Shilton, Leicestershire, LE9 7EB.
18.3 You can contact us by writing to the address given above, by using our website contact form, by telephone on +44 7986562944 or by email to info@jasonfouchephotography.
19. Complaints: Online dispute resolution
19.1 If you are unable to settle a dispute with us, you may also seek resource through the EU’s online dispute resolution platform. You can visit the platform at, http://ec.europa.eu/consumers/