Terms and Conditions

1. INFORMATION ABOUT US AND HOW TO CONTACT US

1.1 Who we are. We are Carl Goodwin Photographer

1.1.1 Carl Goodwin Photographer is a fine art photographer

1.2 How to contact us. You can contact us by writing to us at contact@carlphoto.uk or via our Contact Us page. We will endeavour to respond to all queries within a suitable time, but shall not be liable for any delay in doing so.

1.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

1.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

2. THESE TERMS

2.1 Our contract. These terms and conditions (Terms) apply to your use of and access to our software and websites, and to the order by you and supply of goods and services by us to you (Contract). No other terms are implied by trade, custom, practice or course of dealing. We may amend these terms from time to time. Every time you wish to use our goods or services, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated in January 2023.

2.2 Applicable to business and consumers. Our Terms are to businesses and consumers.

2.3 Why you should read them. Please read these Terms carefully before you create an account with us. These Terms tell you who we are, how we will provide goods and services to you, how you and we may change or end the Contract, cancel an order what to do if there is a problem and other important information. If you think that there is a mistake in these Terms, please contact us to discuss.

2.4 Entire agreement. The Contract is the entire agreement between us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.

3. OUR CONTRACT WITH YOU FOR GOODS AND SERVICES

3.1 Placing your order. Please follow the onscreen prompts to place an order for goods or services. Each order is an offer by you to buy the goods or services specified in the order subject to these Terms.

3.2 Correcting input errors. Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order and any specification submitted in any online form by you or invoice provided by us prior to the goods or services being provided (Order Form) is complete and accurate.

3.3 Acknowledging receipt of your order. After you place an order, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in Clause 3.3.

3.4 Accepting your order. Our acceptance of your order takes place when we receive payment, at which point the Contract between you and us will come into existence (Order Confirmation). The Contract between you and us will only be formed when we send you the Order Confirmation.

3.5 If we cannot accept your order. Following acceptance of your order, if we are unable to process your order, we will contact you and will not charge you for the good(s) or services. This might be because the goods are 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 goods or services, because we are unable to meet a delivery deadline you have specified or your order breaches any of our terms or policies.

3.6 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 state your order number whenever you contact us about your order.

4. YOUR Account at Carl Goodwin Photographer

4.1 Our services. These are the Terms on which you may use the website, Carl Goodwin Photographer to use our services or order goods. To use our services, you need to open a user account

4.2 Carl Goodwin Photographer account. For us to provide you with our services, you must:

4.2.1 register and create a  Carl Goodwin Photographer Account; 

4.3 Use of our website. We may update our website from time to time, and may change the content at any time. However, we are under no obligation to update it. We make no representations, warranties or guarantees, whether express or implied, that the content on our websites is accurate, complete or up-to-date.

4.4 No guarantee as to use of website. We do not guarantee that our website, or any content on it, will always be available or be uninterrupted. Access to our website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our websites without notice. We will not be liable to you if for any reason our website or your Account is unavailable at any time or for any period.

4.6 Compliance with other terms. In supplying our services you are responsible for complying with:

4.6.1 our Website Terms and Conditions .

4.7 No abuse of Carl Goodwin Photographer Account. You agree that you will not abuse the use of your Account and that you will use it fairly and in a way as expected and in accordance with our Acceptable Use Policy. Any abuse of your Account may result in immediate cancellation of your Account. We will not be responsible for any loss caused by us cancelling your Account pursuant to this clause.

5. OUR GOODS (PRINTING, MOUNTING AND FRAMING)

5.1 Our goods. We provide a number of services including printing, mounting and framing(to be added). To order goods, you must undertake the process in clause 4.2. The types of printing and mounting and framing options are available on our website as updated from time to time. The images of the goods on our site are for illustrative purposes only. We will match, within industry standard tolerances, the images you see on your screen with the prints.  Although we are likely to use our discretion and high standards of customer care in this matter to ensure your happiness as a customer, we do so at our discretion and our judgement on what is defined as an acceptable colour variation is final

5.2 Payment for goods. Payment for the goods shall be made in accordance with clause 11.2.

5.3 Delivery of the goods. We shall send you an email to confirm the goods have been dispatched and shall aim to dispatch the goods as follows:

5.4.1 prints dispatched to your nominated address within 48 hours of your order being accepted by us; or

5.4.2 mounted prints dispatched within five working days of your order being accepted by us; or

5.4.3 hand-made framed prints dispatched within 10 working days of your order being accepted by us; or

The above time frames are targets only.

5.6 Delivery costs. The costs of delivery to you as per clause 5.4.1 – 5.4.3 will be as displayed on our website.

5.7 We are not responsible for delays outside our control. If our supply of the goods is delayed by an event outside our control then we will contact you 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 cancel your order and receive a refund for any goods you have paid for but not received.

5.8 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the goods cannot be posted through your letterbox, the delivery company will inform you of how you may receive your goods. You should refer to the terms and conditions of the delivery company for more information.

5.9 If you do not re-arrange delivery. If you do not collect the goods 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 and you will receive a refund for any goods you have paid for but not received, less any delivery charges and other administrative charged involved in delivering, handling and storing your goods.

5.10 International delivery.

5.10.1 We deliver to the countries listed on our website (International Delivery Destinations). However, there are restrictions on some goods for certain International Delivery Destinations, so please review the information on that page carefully before ordering goods.

5.10.2 If you order goods from our site for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.

5.10.3 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.

5.10.4 You must comply with all applicable laws and regulations of the country for which the goods are destined. We will not be liable or responsible if you break any such law.

5.11 Accuracy of frames. Although we have made every effort to be as accurate as possible,

because some of our frames are handmade, their sizes, weights, capacities, dimensions and measurements indicated on our site have a reasonable industry standard tolerance.

5.12 When you become responsible for the goods. Goods will be your responsibility from the time we deliver the goods to the address you gave us.

5.16 When you own goods. You own the goods once we have received payment in full.

6. OUR RIGHTS TO MAKE CHANGES TO GOODS

6.1 Minor changes to the goods. We may change the goods:

6.1.1 to reflect changes in relevant laws and regulatory requirements; and

6.1.2 to implement minor technical adjustments and improvements to the quality of the materials used. These changes will not affect your use of the goods.

7. CANCELLING YOUR GOODS ORDER

7.1 You may be able to cancel or amend your order prior to us commencing production of your goods and receive a refund. Please contact us (as per clause 1.2) as soon as possible to determine whether you are able to cancel or amend your order. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the goods, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

7.2 However, unless agreed by us, the cancellation right in clause 7.1 does not apply in the case of:

7.2.1 where good have commenced production; and

7.2.2 bespoke goods or made to measure/order goods.

7.3 Cancelling your order because of something we have done or are going to do. If you seeking to cancel your order for a reason set out at Clause 7.3.1 to 7.3.4 below the contract will end immediately and we will refund you in full for any goods which have not been provided. The reasons are:

7.3.1 we have told you about an upcoming change to the goods or these terms which you do not agree to;

7.3.2 we have told you about an error in the price or description of the goods you have ordered and you do not wish to proceed;

7.3.3 there is a risk that supply of the goods may be significantly delayed because of events outside our control; or

7.3.4 you have a legal right to end the contract because of something we have done wrong.

7.4 When we will pay the costs of return. We will pay the costs of return:

7.4.1 if the goods are faulty or misdescribed; or

7.4.2 if you are cancelling your order because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay

in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.

In all other circumstances you must pay the costs of return.

7.5 We are not responsible for delays outside our control. If our supply of the goods is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. For instance, where there may be a delay in receiving the goods or parts of the goods from an overseas supplier. 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 goods you have paid for but not received.

8. OUR WARRANTY FOR GOODS

8.1 Your rights in respect of defective goods. We warrant that on delivery any goods which are goods shall:

8.1.1 conform in all material respects with their description and any relevant specification in the Order Form;

8.1.2 be free from material defects in design, material and workmanship;

8.1.3 be of satisfactory quality (within the meaning of the Sale of goods Act 1979); and

8.1.4 be fit for any purpose held out by us.

8.2 No liability for the goods failure to comply with warranty. We will not be liable for the goods failure to comply with the warranty in clause 8.1 if:

8.2.1 you make any further use of such goods after giving us notice of a defect;

8.2.2 the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;

8.2.3 the defect arises as a result of us following any drawing, design or specification in the Order Form supplied by you;

8.2.4 you alter or repair the product without our written consent; or

8.2.5 the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.

We will not provide a refund or replacement in respect of any matter that arises under this clause.

9. REFUND/REPLACEMENT OF GOODS

9.1 Refunds. If the following occurs, we’ll offer a full refund or redeliver replacement goods as soon as reasonably practicable:

9.1.1 the goods are damaged (not as a result of clause 8.2);

9.1.2 the goods do not conform with the warranty in clause 8.1; or

9.2 Evidence to support return. Any claims for a refund as per clause 9.1 must be supported by the return of the damaged product and a valid receipt.

9.3 Your rights if there is a defect. If a product has a defect or other issue which is our responsibility, we shall request return of the product (if possible) and if we accept responsibility we shall, at our discrection:

9.3.1 repair the defect and redeliver to you at no additional cost to you; or

9.3.2 reprint the Image and redeliver to you at no additional cost to you; or

9.3.3 cancel the order and refund you in full.

If the order is redelivered to you, you shall not be charged for any additional costs for reprinting and redelivery.

9.4 We are not liable for goods. We are not liable to refund or replace any products in the following situations:

9.4.1 the goods have become mixed inseparably with other items after their delivery; or

9.5 Changes due to changes in law. We reserve the right to amend the specification in the Order Form for the goods if required by any applicable statutory or regulatory requirement.

9.6 What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.

9.7 How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the goods including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

9.8 When your refund will be made. We will make any refunds due to you as soon as possible.

9.9 Terms applicable to replacement terms. These terms shall apply to any replacement goods supplied by us under clause 8.2.

10. OUR SERVICES

10.1 Compliance with specification in the Order Form. Subject to our right to amend the specification in the Order Form (see Clause 6.1) we will supply the services to you in accordance with the specification for the services appearing on our website at the date of your order in all material respects.

10.2 Changes to specification in the Order Form. We reserve the right to amend the specification of the Services if required by any applicable statutory or regulatory requirement or if the amendment will not materially affect the nature or quality of the Services, and we will notify you in advance of any such event.

10.3 Withdrawal and cessation of services. We reserve the right to withdraw the offer of any of our Services if required by any applicable statutory or regulatory requirement or for any other reason relevant to the operation of our business, and we will notify you in advance of any such event. We are not liable for any loss or damage you may occur as a result of us amending or withdrawing any of our services.

10.4 Reasonable care and skill. We warrant to you that the Services will be provided using reasonable care and skill.

10.5 Time for performance. We will use all reasonable endeavours to meet any performance

dates specified in the Order Confirmation, but any such dates are estimates only and failure to perform the services by such dates will not give you the right to terminate the Contract.

11. PRICE AND PAYMENT FOR GOODS AND SERVICES

11.1 When you must pay and how you must pay. We accept payment with Mastercard, Visa, or

PayPal. When you must pay depends on what product you are buying:

11.2.1 For goods, you must pay for the goods before we dispatch them. We will not charge your credit or debit card until we dispatch the goods to you.

11.2.2 For services, you must pay for the services prior to them being provided.

11.3 Currency. You will be charged in Pound Sterling.

11.4 Tax. For all Print Fulfilment Orders we calculate sales tax based on a combination of the following information:

11.4.1 your country of domicile;

11.4.2 the country where we produce the goods;

11.4.3 the delivery address we are sending the goods to.  All tax liabilities resulting from any orders placed on our website are of the responsibility of the user.

11.5 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 11.7 for what happens if we discover an error in the price of the product you order.

11.6 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

11.7 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the goods we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

11.8 Our right of set-off. You must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

11.9 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 8% a year above the base lending rate of NATWEST PLC from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

13. INTELLECTUAL PROPERTY

13.1 Definition of Intellectual Property Rights. For the purposes of this agreement, Intellectual Property Rights means patents, utility models, rights to inventions, copyright and neighbouring and related rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

14. CONFIDENTIALITY

14.1 We each undertake that we will not at any time during the Contract disclose to any person any confidential information concerning one another’s business, affairs, customers, clients or suppliers, except as permitted by Clause 14.2.

14.2 We each may disclose the other’s confidential information:

14.2.1 to such of our respective employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of carrying out our respective obligations under the Contract. We will each ensure that such employees, officers, representatives, subcontractors or advisers comply with this Clause 14; and

14.2.2 as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

14.3 Each of us may only use the other’s confidential information for the purpose of fulfilling our respective obligations under the Contract.

15. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

15.1 Nothing in these terms shall limit or exclude our liability for:

15.1.1 death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);

15.1.2 fraud or fraudulent misrepresentation;

15.1.3 breach of the terms implied by section 12 of the Sale of goods Act 1979 or section 2 of the Supply of goods and Services Act 1982; or

15.1.4 defective goods under the Consumer Protection Act 1987; or

15.1.5 any matter in respect of which it would be unlawful for us to exclude or restrict liability.

15.2 Except to the extent expressly stated in clause 8.1 all terms implied by sections 13 to 15 of the Sale of goods Act 1979 and sections 3 to 5 of the Supply of goods and Services Act 1982 are excluded.

15.3 Subject to clause 15.1:

15.3.1 we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us;

15.3.2 we shall not be liable for any losses, claims or actions of any third party; and

15.3.3 our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the

100% of the total sums paid by you for goods and services under this Contract and in any event, shall not exceed £50,000.

16. HOW WE MAY USE YOUR PERSONAL INFORMATION

16.1 How we will use your personal information. We will only use your personal information as set out in our Privacy Policy.

17. OTHER IMPORTANT TERMS

17.1 We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.

17.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

17.3 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.

17.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

17.5 Variation of these terms. We reserve the right to amend these terms from time to time to better reflect:

17.5.1 any changes in the law;

17.5.2 any regulatory requirements; or

17.5.3 improvements made to our Services.

17.6 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the goods, we can still require you to make the payment at a later date.

17.7 No partnership. Nothing in this agreement is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, or authorise any party to make or enter into any commitments for or on behalf of any other party or use any of our branding or services, except as expressly provided in clauses.

17.8 Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.