Terms of service

1. Who we are and how to contact us

We are Photography by Faye Kenny-Broom (also known as FKB Photography).

To contact us, please email faye@fkbphotography.co.uk

Definitions & Interpretations

In these terms and conditions:

  • Reference to “we” and “us” is a reference to Photography by Faye Kenny-Broom

  • Reference to “you” is a reference to the purchaser of the Goods from us.

  • “Contract” means the contract between us for the sale and purchase of the Goods which incorporates these Terms & Conditions.

  • “Goods” means the items purchased by you from us.

  • “Terms” means these terms and conditions.

These Terms are the only terms and conditions on which we contract for the sale of Goods and they form an integral part of the Contract between us. If we agree to vary any of the terms, the variation must be in writing confirmed by our duly authorised representative and by you.

By using our site you confirm that you accept these terms of use and that you agree to comply with them. 

f you do not agree to these terms, you must not use our site.

We recommend that you print a copy of these terms for future reference.

2. Privacy Policy & Cookies

The website is owned by Photography by Faye Kenny-Broom and the data controller is Photography by Faye Kenny-Broom. See our Privacy Policy for more details on how your data is used.

Contract execution

Your personal data will be used to provide the information, goods and services offered through our website to you, for billing and order fulfilment.

We do not store our customer's financial details.

Email newsletter

  • If you sign up to our newsletter we may use your email address to send you information about our products or services.

  • You can opt out of these at any point and you can ask for personal data to stop being recorded at any time.

3. Price

The price of Goods quoted on our website includes VAT (Value Added Tax). Where VAT is not included in the price, it will be added and payable by you at the appropriate rate.

The cost of packaging and postage/carriage is calculated at checkout.

All published prices are subject to change at any time without notice.

4. Ordering goods online

You warrant to us that all information which you are required to provide when ordering Goods online is accurate and complete in all respects at the time of the order, and that this information relates to you/ the person placing the order and not to any third party.

When an order is made online, the order confirmation issued by the company clearing the credit/ debit card payment does not constitute acceptance of your order by us. We reserve the right to check any discrepancies and an order will only be confirmed when it is verified by us.

Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.

If we are unable to accept your order, we will inform you of this by email and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.

Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

Any error in any ordering process due to technical or other reasons beyond our control entitles us not to treat the order as being binding on us. 

5. Our products

Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. 

6. Payment

All payment for Goods and for the cost of packaging and delivery must be made before the Goods are delivered.

7. Delivery

We will give you an estimated delivery date for the Goods via Royal Mail but no times or dates provided by us are guaranteed.

The cost of delivery will be displayed to you on our website at checkout for goods outside the UK. UK shipping is included in the item price you pay.

When we will provide the products. We will aim to deliver your order to you as soon as reasonably possible and in any event within 14 working days after the day on which we accept your order or we will either contact you with an estimated delivery date or update the website with additional information, or post additional information on our Social Media accounts.

We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you, either directly through email, by posting on our website or Social Media accounts, as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received. Please note, we are not responsible for failure to deliver when a signature is needed but not given, resulting in delayed or missed delivery.

If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, the mail carrier will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.

If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract. 

You must notify us promptly and in any event within 48 hours of receipt of any Goods if they appear to be damaged in transit. In those circumstances, you must also keep all packaging as this may be required when making a claim.

Liability for Import, Export Taxes, Duties and other Charges and Fees. We are not and cannot be responsible or liable for any Import or Export Taxes, Duties, or Charges and Fees of any kind, in any country, which may be levied on the goods purchased from us. All Import or Export Taxes, Duties, or Charges and Fees of any kind are the sole responsibility of the customer.

8. Faulty Goods

In the unlikely event that an item you have received is incorrect or faulty, please contact us to arrange the return of the item at your earliest convenience. Where possible, we will offer to repair faulty items. If this is impossible, you will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used by you when purchasing the Goods. Refunds and replacements will be issued upon our receipt of the returned Goods. Please note that Goods must be returned in their original unused condition with all packaging, tags and documentation included.

Please note, items should not be returned to us without prior notice. All return requests should be submitted to faye@fkbphotography.co.uk

If we receive no communication from you within 14 days of delivery regarding any problems with the Goods, then you are deemed to have received and accepted the Goods in full working order and with no problems.

We reserve the right to exercise discretion with respect to any returns under these Terms and Conditions.

We shall not be responsible for any harm caused by the improper use of the products or any negative consequences experienced. When you purchase products, you should ensure that they are suitable for you and that you use them in accordance with the instructions provided within our online tutorials. We highly recommend ending the use of any product which a user feels is unsuitable for them and may be causing harm of any kind.

9. Risk & Ownership

When you become responsible for the goods. A product will be your responsibility from the time we deliver the product to the address you gave us. The risk of loss or damage to Goods passes to you upon delivery. 

When you own goods. You own a product once we have received payment in full.

Ownership of all Goods remains with us until full payment of all amounts due to us have been received from you.

You will be responsible for the safe custody and insurance of all Goods in your possession.

You have no right to re-sell any Goods until payment has been received in full by us.

10. Warranties & Liability

We warrant to you that the Goods ordered by you will meet the description as shown on our website (or any other description given to you in writing).

We will not bear any responsibility for any damage which occurs to the Goods after delivery.

We do not accept any responsibility for any wear and tear, accidental damage or failure by you or by any third party to adhere to any written recommendation provided in relation to the Goods.

Liability to you for loss or damage under no circumstances must exceed in the total amount you have paid us for those Goods.

11. Customer Default

If you:

  • give us any incorrect personal information, or

  • fail to make any payment when it is due, or

  • cancel any payment, or

  • become insolvent, or

  • commit any breach of these Terms

  • then, in any of those events, we have the right to cancel the Contract and recover possession of any Goods which have been supplied for which payment has not been received in full.

12. Force Majuere

We will not have any liability to you if we are prevented from performing any of our obligations on account of any circumstances beyond our reasonable control which includes, but is not limited to, extreme weather conditions, “act of God”, terrorism, war, strike or difficulty in obtaining materials and/or labour. In any of these circumstances we reserve the right to terminate the Contract.

 

13. Intellectual Property

All the Photography by Faye Kenny-Broom goods include photography, these are prepared by us and we own the copyright of those works. You have no right to make any copies or adaptations of any such works, including modifying digital files and / or copying or reselling prints.

14. Returning your order

If you would like to return your order, 

  • Please contact us at faye@fkbphotography.co.uk to request a return. Please ensure that your order number and the reason for the return is included in your email. The item must be unused and in a sellable condition. 

  • We will confirm/approve your return request, you can then ship your item back to the address provided. 

  • Please note that as we are a small business, it will be your responsibility to pay the cost of return postage. Sadly, we are not responsible if your return is lost in the post. As you are the sender of the item, you will need to contact your shipping service to claim compensation for loss. We recommend obtaining proof of postage. In the event that the product is faulty and this has been declared within your returns request, we will pay the costs of the return. 

  • Please allow two weeks for your return to be processed and the funds to be refunded.

  • We will refund you the price you paid for the products, by the method you used for payment in line with the timeframe detailed below. However, we may make deductions from the price, as described below.

  • Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:

    • (a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must repay us an appropriate amount.

    • (b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

Please DO NOT return your item to us after the period set out above as we will not be able to process a refund for you. Goods returned outside of the above timeframes will not be accepted and will be returned to the customer. 

Please note: We only supply products for private use. If you use the products for any commercial, business or re-sale purpose we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

15. Right to cancel

All customers have the right to cancel their orders under the The Distance Selling Regulations which gives consumers extra protection when buying online. 

You have the right to cancel the purchase of a good without having to give a reason at any time within the "cooling off period" of seven working days, beginning on the day after you receive the goods.

If you are in possession of the goods you are under the duty to retain them and take reasonable care of them. You must send the goods back to us to our contact address at your own cost (unless we delivered the item to you in error or the item is damaged or defective) as soon as possible once you have canceled the contract.

We reserve the right to make a charge not exceeding our direct costs of recovering the goods if you do not return the goods or return them at our expense.

Once you have notified us that you wish to cancel the contract, any sum debited to us will be refunded to you as soon as possible and in any event within 30 days of your cancellation.

16. Notices

All notices you send us must be sent to the contact details on this site. We may give notice to you at either the email or postal address you provide to us when making a purchase. (Notice will be deemed received and properly served 24 hours after an email is sent or three days after the date of posting of any letter.) In providing the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post and, in the case of an email that the email was sent to the specified email address of the addressees.

17. Changes to these terms

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

18. Conclusion

Severance: If any provision in these Terms is held by a court to be unenforceable, that will not affect the remaining provisions of the Terms.

Entire Agreement: These Terms govern our relationship with you and in accepting them, you confirm that no other arrangement, agreement or representation applies.

Assignment: We reserve the right to assign any of our rights or obligations under the Contract with you to a third party on the basis that the existing contractual terms will become the responsibility of that third party. You will not assign your rights without first getting our written consent.

We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.

These terms are governed by English law. Any contract for the purchase of goods from this site and any dispute or claim arising out of or in connection with any such contract will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident in Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident in Scotland you may also bring proceedings in Scotland.