Terms & Conditions
Last Updated Aug 31st 2018
Below you can find the terms and conditions for our website www.onlineproductphotography.co.uk (and its equivalent pages in other countries, all of which beyond this point referred to as “our website”), and any Services (“Service”, “Services”) listed on our website. By using our services, using Content produced by our Services, or by delivering Merchandise to us, you are agreeing to these terms & conditions.
Note that we can change or revise any of the below terms at any time, therefore please check this page from time to time to make note of any change.
General Terms of Services
A) General Terms of Services
Each of the provisions of these Terms of Services operates separately. If any court or any other relevant authority decides that any of these paragraphs are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
A.1. Information about us:
A.1.1. www.onlineproductphotography.co.uk (“we”, “us”, “our”) is a website operated by Arctic Fox Concept S.L., with headquarters in Los Collados Zieschang 22, 30880 Aguilas, Spain (registration number B73973034 and VAT-number ESB73973034). We mainly offer services (“Service”, “Services”) for product photography, video creation, audio recording, and other creative artwork (collectively referred to as “Content”). Any corporation or legal entity, any representative of a corporation or legal entity, or any individual person that agrees to use our services is considered a client (“Client”), and any product or other element provided to us in light of this agreement is refered to as merchandise (“Merchandise”).
A.2. Ordering Services:
A.2.1. You can order one or multiple of our Services using the process outlined on our website. By doing so you acknowledge that you are obliged to pay for these services, if we decide to accept the agreement.
A.2.2. Please take the time to read and double check your order at every step of the ordering process. Our process allows to amend and change at every step.
A.2.3. All orders are subject to acceptance by us. We will send you a confirmation e-mail after receiving your order and this will constitute acceptance by us. The contract between you and us will only be made when we send you this email. We retain the full right to decide not to accept your order and refuse Service. In case we do not accept your order, but you have already paid for the Services relating to this order we will refund you the full corresponding amount as soon as possible.
A.2.4. Before ordering from us, it is your responsibility to check and determine your full ability to provide all needed Merchandise and accept any Content we deliver. This includes ensuring that any Merchandise can be transported by a standard courrier service using standard transportation processes, that you are able to properly and safely package any Merchandise, receive back and unpack properly and safely any Merchadise, and that you are able to receive and use any of the deliverables we provide as part of our agreed Services
A.2.5. You must keep the contact details we hold for you up-to-date so that we can contact you if necessary about your order or the delivery of the Services.
A.3. Cancellations or resheduling:
A.3.1. We reserve the rights to to terminate our provision of Service at any time. In the event that we are unable to perform the agreed Services for any reason, including but not limited to; theft, fire, or illness, all relevant payments received will be returned to the client and we will have no further liability.
A.3.2. In the event of client cancellation requests, we will charge for costs made or any work that has already been carried out, as well as any booked resources (such as studio time) and talent (such has Models). We reserve the right to charge the full invoiced fee in the event of cancellations. Each request will be reviewed on an individual basis, and decisions will be made at our discretion.
A.3.3. In the event of client resheduling requests, we will charge for any costs made or any work that has already been carried out, as well as any booked resources (such as studio time) and talent (such has models). We reserve the right to charge the full invoiced fee in the event of client resheduling request. Each request will be reviewed on an individual basis, and decisions will be made at our discretion.
A.4. Delivery & timings:
A.4.1. The delivery timings depicted for each Service on our website are only an approximation and are only intended to give an idea of the expected time between the day our courier partner picks up de the product, and us delivering the first Content samples for your feedback. Although we will do our utmost best to deliver the promised Content as fast as possible, we are not liable for any delays or any losses caused by delays.
A.4.2. In the event of delays caused by the Client’s failure to comply with agreed dates, times, access, facilities, organisation, Merchandise or other requirements specified or agreed, we are not liable for these delays, and we reserve the right to charge additional costs incurred caused by these delays.
A.4.3. Any amendments or additional Services requested by the Client may cause delays in Service delivery. We are not liable for any delays or losses caused by such delays.
A.4.4. After production is complete, we will provide you with low resolution, watermarked samples. Once the delivered Content has been accepted or the review period has passed (see clause A.7.) we will provide you with the full resolution Content as agreed in the order confirmation (without watermark).
A.4.5. We will provide the agreed photographic Content in 6000×4000 JPG format, and agreed video Content in MP4 format unless explicitly agreed otherwise. In case the Client requests another file format or different resolution of the agreed Content we keep the full rights to decline any such requests or to charge extra costs.
A.4.6. We are not obligated to store or keep any of the agreed Content once the Service has been completed and all Content has been delivered to you. We strongly recommend you keep a back up of all Content delivered. We are not liable for files deleted, lost or damaged after project completion.
A.4.7. We will return the provided Merchandise (unless you have requested for the Merchandise to be scrapped or donated) after the final Content has been delivered. We will inform you the moment the Merchandise has been picked up by our courier partner, together with the expected delivery date.
A.5. Amendments or additional Services:
A.5.1. A client may ask for amendments or additional services during an agreed project. Any of such amendments or additional Services will incur extra costs and turnaround time, and must be agreed to in written by both parties before any amendments or additional Services are carried out.
A.5.2. After the Content creation, as part of our review process (see clause A.7.) we do offer one round of small editing, free of charge. If you decide to request such editing you agree this will incur extra turnaround time.
A.6. Production and creative process :
A.6.1. The Content is our artistic interpretation of the Merchandise we photograph for you. We do not guarantee that the Content will be a flawless or perfectly accurate representation of your Merchandise. It is your responsibility to ensure the Content is appropriate for the final intended use and that it does not misrepresent the Merchandise. We will not be responsible for any claims by you or any third party that the Content is an inaccurate representation of the Merchandise.
A.6.2. As part of our creative process, you agree we may make any alterations to the Content that we feel are appropriate. This includes, but is not limited to: color adjustments, brightness adjustments, dust removal, scratch removal, distortion removal, correction of defects, correction of manufacturing inconsistencies or errors, compositing of multiple images, adding graphics, and other alterations as necessary.
A.6.3. As Client, you may elect to provide creative direction concerning certain aspects of the project such as Merchandise arrangement, lighting, camera angle and editing. However, any such direction should be provided before the Service agreement has been made, any aspect of the project for which the client did not provide creative direction will be left to the judgement of our production team. We do not guarantee we are able to adhere to any creative direction. For any amendments or reshoots we reserve the right to charge extra costs.
A.6.4. The images related to the Services on our site are for illustrative purposes only.
A.7. Review Period & Edits:
A.7.1. After we have completed the Content we will provide you with low resolution, watermarked samples. You will have 5 business days to provide feedback regarding the delivered Content. After these 5 business days, if we did not receive any feedback from you, we will consider the project closed and send back any Merchandise to you (unless you requested it to be scrapped or donated).
A.7.2. During the review period you may request us to make changes to the provided content such as reshoots or edits. Reshoots and edits are possible under the following conditions:
- The provided Content is not complete or in line with the agreed Services as specified in the order confirmation.
- We are happy to offer one round of small editing, free of charge. Any further changes or amendments will incur additional charges.
A.7.3. If we have provided Content as it was described on the order confirmation but you would like to see them changed, such as different lighting, camera angle, arrangement, or anything else that requires them to be re-shot, then we will quote an additional charge to cover the cost of reshooting them. Also requests for additional Content that was not previously included in the order confirmation, such as additional photographs, different file formats or sizings, will be subject to additional charges.
A.8. Prices of Services:
A.8.1. The price of any Service will be as quoted on our site, except in cases of obvious error.
A.8.2. The price of any Service may change from time to time, but changes will not affect any order we have accepted.
A.8.3. The price of a Service includes VAT (where it applies). Shipping costs related to the Merchandise are charged seperately as part of our ordering process (also see our Shipping page). Any additional costs where applicable (for example intercontinental shipping) will be added to the order and set out as part of the total amount due during the order process. By placing an order on our website you acknowledge the obligation to pay for both the Services as any such additional costs.
A.8.4. Due to the large number of Services on our site, it is always possible that some of the Services listed on our site may be incorrectly priced, despite our reasonable efforts. We will normally verify prices as part of our order-acceptance procedure so that, where a Service’s correct price is less than our stated price, we will charge the lower amount before starting the project. If the Service’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before starting the project, or reject your order and notify you of the rejection.
A.8.5. We are under no obligation to provide the Service to you at any incorrect (lower) price, even after we have sent you an order acceptance, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mispricing.
A.9. How to Pay:
A.9.1. We accept payment with the payment methods listed on our site. You must pay for the Services and any applicable extra charges in advance of delivery of the Products.
A.9.2. By submitting an order to us through our site, you are confirming that the payment details provided on your order are valid and correct.
A.9.3. In case final payment is not processed correctly we hold the right to delay and potentially cancel your order.
A.10. Refund policy:
We hope you will be pleased with the Services you have bought from us, but if you are unhappy with the delivered Content a refund might be possible. Payments made to us are refundable under certain circumstances as outlined below in the clause A.10. No other refunds, returns, exchanges, or changes may be made except for the following.
A.10.1. If you wish to cancel an order after payment, you can do this by sending an e-mail within 24 hours to email@example.com, and we will refund the any payments made relating to this order. After this 24 period, addtional cancellation charges may apply as outlined in clause A.3.
A.10.2. In case the delivered sample Content is not in line with the with the agreed Services as specified in the order confirmation, we can offer to correct the Content or provide a refund. Each request will be reviewed on an individual basis, and decisions will be made at our discretion. All refunds will exclude any shipping costs made to pick up or return Merchandise.
A.10.4. Once the review period has passed, or after you have confirmed acceptance of the Content as outlined in the order confirmation, nu refunds, changes, alterations or returns will be possible.
A.10.5. To exercise the right to ask for a refund, you must inform us by making a clear statement (e.g. a letter sent by post or email or a telephone call). The easiest way to do this is to contact our Customer Services team using the contact form on our website or mail directly at firstname.lastname@example.org.
A.10.6. We will make any reimbursement using the same means of payment as you used for the initial transaction unless we have expressly agreed otherwise.
Each of the provisions of these Terms of Merchandise operates separately. If any court or any other relevant authority decides that any of these paragraphs are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
B.1. Prohibited items:
B.1.1. Do not deliver to us any Merchandise that contains, any narcotic, illegal drug, or controlled substance, or any dangerous weapon, firearm, explosive, dangerous chemical or any merchandise that is unlawful in the UK or other nation of the European Union.
B.2. Shipping Merchandise:
B.2.1. When shipping any Merchandise to us, please make sure all products are properly and safely packed, in such way they can be safely transported by a standard courier service, and protection of the Merchandise is ensured during transit. We are not liable for any damage or loss of Merchandise that occurs during transit to our facilities as a result of faulty or insufficient packaging.
B.2.2. In case you want to ship us Merchandise which is fragile or requires any special handling, care or storage, you need to inform us of this before the order confirmation is sent. We reserve the rights to decline any order due to special requirements or guidelines relating to the Merchandise. Although we will do our utmost best to safely handle and care any Merchandise while in our possession, we are not liable in case of any damages or other losses relating to the Merchandise (see also clause B.2.3.). We strongly recommend you acquire insurance covering loss or damage of any fragile Merchandise before we pick it up.
B.2.3. If your Merchandise becomes damaged or lost while in our possession, or during shipment, we will, at our option, replace, repair, or reimburse you for the total value of the Merchandise up to a maximum of £500 GBP total lifetime aggregate. For Merchandise valued greater than £500 GBP you should purchase your own insurance covering loss or damage to the Merchandise while in our possession and during transit to and from our studio. We are not liable for loss or damage of any Merchandise exceeding a total value of £500 GBP, regardless of quantity.
B.2.4. After the production has been completed, we will return any Merchandise provided, unless you requested for the Merchandise to be scrapped or donated. We will repack the Merchandise in the original packaging in which it was to delivered to us. In case we were not able to reuse such packaging we reserve the rights to charge extra costs for professional repacking. The Merchandise will be returned to the same address it was picked up, unless explicitely agreed in written by both parties. We are not liable for any loss related to the delay in return of any Merchandise.
B.2.5. If you have requested us to scrap or donate any Merchandise you provided to use, we keep the full right decide whether to scrap the Merchandise or if and to which charity it is donated. We are not able to offer compensation or credit for donated or discarded Merchandise. In case you change your mind about scrapping or donation after order confirmation, please inform us in written before the Merchandise is picked up, and extra charges will apply for return shipping. We are not liable for any scrapping or donation done if you change your mind after the Merchandise has been picked up.
B.2.6. If your Merchandise is in our possession and we are not able to reach you regarding its return, it will be considered abandoned after the time periods detailed below have expired. If we try to reach you to obtain return shipping information, or payment for return shipping, and 30 days pass without us receiving the necessary information or payment, we will then email you a notice informing you that your Merchandise is at risk of being donated, discarded, or sold. If another 30 days passes after we have emailed the aforementioned notice and we still have not received your return shipping information or payment for return shipping, you agree that all title, interest, and ownership of the Merchandise shall be transferred to us and the Merchandise will be donated, discarded, or sold, at our option, and you will not receive any compensation for the merchandise or proceeds from any sale.
C.1. General terms & conditions of Promotions
C.1.1. From time to time, we may run sales promotions or offer other incentives (“Promotions”) to purchase particular Services from us.
C.1.2 The length of time any Promotion runs for, the conditions for qualifying for such Promotion and the Services which will be subject to such Promotion will be set out in this section of these Terms & Conditions.
C.1.3 If you place an order for Services in relation to any Promotion, the Promotion-specific terms and conditions set out in that specific section and the general terms set out in section A will apply. To the extent of any inconsistency, the Promotion-specific terms set out shall prevail.
C.2. Quantity discounts
C.2.1. When purchasing multiple Services on our website, we offer certain quantity discounts (-5% at the purchase of 5 Services, -10% at the purchase of 10 Services, -20% at the purchase of 20 Services or more). These discounts are only valid if the related minimum required number of Services is purchased in the same order and for the same Service. The discounts are not valid if you order a certain Service spread accross multiple orders, or if you order different Services.
C.2.2. We retain the right to change any offered discount levels as well as the requirements to be eligable for them at any time, but changes will not affect any order we have accepted.
Rights & Jurisdiction
D) Rights & Jurisdiction
D.1. License and permitted use of content
You may use Content we deliver to you in connection with your order, only after full payment has been submitted, for any permitted use that does not violate this agreement. The rights granted herein are subject to the prohibited uses in clause D.2. We hereby grant to you the following rights:
D.1.1. Unless explicitly agreed otherwise by both parties in written, you may use the Content for any unlimited amount of time (no expiration date) and occasions (unlimited number of times), and without any geographical limitation (worldwide).
D.1.2. You may modify, retouch, combine, crop, annotate, or otherwise edit and create derivative works from the Content. Our Content contained within derivative works you create remain our copyrighted material and the terms and restrictions within this license also applies to those derivative works.
D.1.3. You may use the Content we provide on websites, online stores, online advertisements, email newsletters, video, film, television, printed advertisements, printed catalogues, product packaging, billboards, computer software, and mobile applications.
D.1.4. We do not grant you exclusive use of the Content unless explicitly agreed by both parties in written. We retain the right to use the Content for our own promotional publication and internal use. However, Clients can request exclusivity of Content or for Content not to be used for our own promotional publication and internal use, yet additional charges will apply.
D.1.5. We retain the rights to change our license and permitted use at any time, yet this does not change the license and permitted use of that were applicable at the time of any order we have accepted in the past.
D.2. Limitiations and prohibited use of Content
D.2.1. You may not use the Content in any illegal manner. You may not use the Content in any defamatory manner or use the Content to harass any person. You may not use the Content in any way that violates the trademark, copyright, or other intellectual property of any other party.
D.2.2. All Content or any deritative works remain the copyrighted intellectual property of Arctic Fox Concept S.L. . No transfer of copyright or ownership in any of the Content is granted unless explicitly agreed to in writing by us. You may not claim you are the author of the Content or any deritative works.
D.2.3. You may not transfer or sub-license the Content or any derivative works to any other party, with the exeptions of subcontracters (your subcontractors may use the Content for the purpose of achieving your final intended use. Examples include but are not limited to: your website designer using the Content to publish to your website. your printing company using the Content to print a catalog, etc), and employers or clients (if you are ordering our services on behalf of your employer or your client then you may permit that entity to use the Content. If you permit your employer or client to use the Content, you certify that you have received authorization that they be bound to this entire Agreement. If such authorization has not been granted to you then they may not use the Content).
D.3.1. We certify that we have obtained appropriate releases from any talent (such as models) depicted in the Content and the Content will not infringe on any moral right, privacy right, or right of publicity of any talent depicted within the Content so long as the Content is used in accordance with clauses laid out in this section D.
D.4. Third party intellectual property visible on Merchandise
D.4.1. Merchandise you provide us to photograph, or props used in conjunction with that Merchandise, may contain trademarks, logos, artwork, or copyrighted designs that become visible in the finished Content we produce for you at your direction. By directing us to photograph Merchandise containing visible intellectual property, you certify that you either own, or have received explicit permission from the owner, to use any and all trademarks, logos, artwork, or copyrighted designs, visible on all of the Merchandise you have directed us to photograph. By using the Content, you certify that the Content and your use of the Content, does not infringe on the intellectual property rights of any third party. You understand that it is your sole responsibility to obtain necessary permission to use any and all trademarks, logos, artwork, copyrighted designs, or other intellectual property visible within the Content, and you accept full liability in case of any challenges or claims from third parties.
D.5. Events outside of our control
D.5.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control including failure of third parties suppliers, acts of god, fire, flood, severe weather, explosions, war (whether declared or not), acts of terrorism or acts of local or central Government or of any other competent authorities provided that: (a) we will take reasonable steps to prevent or minimise the failure or delay; and (b) in the event of failure to perform, we will refund you all amounts paid under the affected contract.
D.6. Transfer or rights:
D.6.1. You may not assign your rights under our contract with you to any other party or organisation. However, we may assign our rights and obligations to any other entity or individual at our discretion.
D.7. Law & Jurisdiction:
D.7.1. These Terms of Service are governed by Spanish law. This means that a contract for the purchase of Services made through our site and any dispute or claim arising out of or in connection with it will be governed by Spanish law.
D.7.2. You can bring legal proceedings in respect of this contract in the Spanish courts.
D.8.1. If you breach these general terms and conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach the general terms and conditions.
D.8.2. You assume full responsibility for any loss that results from your use of our Service or Content to the maximum extent permitted by law. We and our employees, officers, and owners, are not liable for any indirect, special, punitive, or consequential damages under any circumstances, including delays, even if it’s based on negligence or if we’ve been advised of the possibility of such damages.
E.1.1. If you set up an account on our site, you must treat your login details as confidential. You must not disclose them to any third party.
E.1.3. If you know or suspect that anyone other than you knows your login details, you must promptly notify us at email@example.com
E.2. Acceptable usage & Access:
E.2.3. The responses described above are not limited and we may take any other action we reasonably deem appropriate.
E.2.4. Access to our site is permitted on a temporary basis and we may limit or terminate access to our site at any time without any notice. We will not be liable if our site is unavailable at any time or for any period.
E.2.5. We have taken care in the preparation of the content of our site. However, we will not be responsible for any errors or omissions or for any technical problems you may experience with our site. If we are informed of any inaccuracies in the content on our site we will attempt to correct this as soon as we reasonably can.
E.2.6. Whilst we make reasonable efforts to ensure that any information presented on our site is correct, the information on our site is presented without any guarantees, conditions or warranties or any kind and the site is made available to you on an “AS IS” basis. We are not responsible for anything that occurs from your reliance on the content of our site.
E.2.7. In any event, we will never take any responsibility for User Content and you use and rely on any User Content entirely at your own risk.
E.2.8. We exclude all warranties and conditions implied by statute, common law or the law of equity, to the extent permitted by applicable law.
E.2.9. Because our site is provided free of charge, we will not, in any way, be liable for any loss or damage (whether direct or indirect) in tort (including negligence), breach of contract, breach of statutory or otherwise (even if foreseeable) in connection with any use you make of our site or the information presented on it.
E.3. Take down policy:
E.3.1. If you believe that content available through the site:
(a) infringes your rights or any rights of a third party you represent; or
(b) otherwise breaches the Rules of Acceptable Use,
please tell us immediately by using the contact form on our website.
E.3.2. When reporting content please provide the information described below in your notice to us: (a) your name and contact details; and (b) a statement explaining whether you believe that the content you are contacting us about: (i) infringes your rights; (ii) the rights of a third party who you represent; or (iii) you otherwise believe the content breaches the Rules of Acceptable Use.
E.3.3. We will take the action that we believe is appropriate depending on the nature of the content you report. This may include taking no action where we believe the reported content does not infringe any rights or the Rules of Acceptable Use. We are not obliged to discuss or inform you about our chosen course of action following a report from you.
E.4. Intellectual property:
E.4.1. We are the owner or the licensee of all intellectual property rights in our site and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. We grant you permission to access our site for your personal use only. Any other use of our site or our site’s content is prohibited. This prohibition includes, but is not limited to:
(a) making commercial use of our site’s content;
(b) reproduction of the onlineproductphotography.co.uk name, logo, trade marks or any other content available on our site; and
(c) downloading or copying any of our site content for yourself or for a third-party.
E.5.1. Links to third party websites from our site are provided solely for your convenience. If you use these links you leave our site. We do not control, and are not responsible for, these websites, their content or their availability. We, in no way make representations about them, or any material found on them. Accessing third party websites from our site is done entirely at your own risk.
E.5.2. You may link to our home page (onlineproductphotography.co.uk or country specific equivalent), provided you do so in a way that is fair, legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You agree to remove any link to our site on a website owned or controlled by you on receipt of a request from us.
Contact & Data
F.1.1. If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
F.1.2. If you have any queries about these Terms of Sale, please send us an email at firstname.lastname@example.org or contact us via the contact form on our website.
G) Your Data & Information