Online Terms of Sale
Please read these Terms carefully before placing your order and print or save a copy of them, together with your order for future reference.
1. Formation of the contract
1.2 These Terms should be read carefully by you before you place an order for goods from Sarah Bayliss Photography Limited. By submitting an order you automatically accept these Terms. If you do not agree to these Terms, you should not place an order.
1.3 These Terms, and any contract between us for the sale of goods to you, are only in English language.
1.4 To place an order on the Website, you will need to add goods to your basket on the relevant pages of the Website, click ‘Order Now’, and provide us with the delivery and billing information requested. The order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
1.5 After you place an order, Sarah Bayliss Photography Limited will send an email to the address you have provided acknowledging receipt of your order. Please note that this does not mean that your order has been accepted.
1.6 Sarah Bayliss Photography Limited will confirm acceptance of your order by sending you an email confirming that the goods are ready to be dispatched. All items are dispatched within 10 days of payment. If you require your goods more urgently please email email@example.com before you pay your invoice in full, where possible we try to accommodate more urgent shipments, however additional fee’s and higher shipping costs may be levied on the order as a result. Sarah Bayliss Photography Limited shall not be under any obligation to accept your order and the contract between you and Sarah Bayliss Photography Limited for the sale of goods will only be formed once Sarah Bayliss Photography Limited has sent you a “Dispatch Email”. The Sales contract will therefore be concluded in London, England and the language of the contract is English. The dispatch email will more accurately state the intended delivery date and where applicable the delivery time.
1.7 If you are a consumer, you must be at least 18 years old to order goods from the Website. By accepting these Terms you are confirming that you are no less than 18 years old. If you are using the Website to purchase goods on behalf of a business, by accepting these Terms, you confirm that you have authority to bind such business to a contract with Sarah Bayliss Photography Limited for the purchase of goods.
1.8 Any contract between you and Sarah Bayliss Photography Limited is subject to your right of cancellation if you are a consumer (see 5.1 below)
1.9 Sarah Bayliss Photography Limited may change these Terms without notice to you in relation to future sales. Please check these Terms every time you wish to order goods from our Website to ensure you understand the terms that will apply at that time.
2. Availability, description, specification and price of the goods
2.1 All goods are subject to availability. If on receipt of your order the goods you have ordered are sold out, Sarah Bayliss Photography Limited will inform you as soon as possible and refund you for any sum that has been paid by you or debited from your credit or debit card for the goods and their delivery to you.
2.2 The description and specification of the goods you order will be as shown on the Website at the time you place your order. Please note that all limited edition photographic prints are printed specifically to order and are subject to high standards of quality control to ensure the photographic prints are identical to the sample prints held by Sarah Bayliss Photography Limited and that are represented faithfully on sarahbayliss.com. While every effort has been made to portray items accurately, slight variations may occur. All measurements quoted are approximate and the reproduction of colours is as accurate as photographic and publishing processes will allow. Please note there may be variations in colours dependant on the calibration and settings of individual computer screens.
2.3. Subject to 2.4 below, the price of the goods will be the price quoted on the Website at the date the order is received. All prices are quoted in UK pounds sterling and include standard delivery charges within the UK and international shipping charges. Urgent shipments will only be processed where possible and will be subject to additional charges. We request that urgent shipments should be notified in writing to firstname.lastname@example.org, Sarah Bayliss Photography Limited will advise on specialist arrangements and once agreed will be invoiced, if you require urgent shipping please do not proceed with the checkout process before contacting Sarah Bayliss Photography Limited. In some cases it is possible to arrange urgent shipments after an order has been placed, if you have checked out an order and then require urgent shipping, please email email@example.com, if urgent shipping is possible to arrange after the checkout process, additional charges will be levied and full payment via invoice of these charges must be made before shipping can take place. Shipments are made using internationally recognised couriers.
2.4 Every effort will be made to ensure that prices shown on the Website are accurate at the time you place your order. If an error is found prior to the dispatch of the goods, Sarah Bayliss Photography Limited will inform you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order. If you cancel, Sarah Bayliss Photography Limited will refund you for any sum that has been paid by you or debited from your credit or debit card for the goods and their delivery.
2.5 Sarah Bayliss Photography Limited does not currently charge VAT on goods or services. Sarah Bayliss Photography Limited reserves the right to commence charging VAT and thereby make appropriate price adjustments at such times in the future that it be necessary to charge VAT. Where the goods are supplied for export from the EU, no VAT will currently be deducted from the price of the goods. It is your responsibility to read this clause for updates regarding the charge of VAT on goods from Sarah Bayliss Photography Limited carefully before you place each order for goods from Sarah Bayliss Photography Limited.
2.6 Where the goods are supplied for export from the EU, you will be responsible for complying with all applicable laws and regulations governing the importation of the goods into the country of destination and for the payment of any import duties or taxes that are levied on them. We recommend you contact your local customs authority to determine a landed cost price prior to purchase completion.
2.7 We reserve the right to apply an overall discount to a final invoice for orders where multiple goods are purchased, this is solely at the discretion of Sarah Bayliss Photography Limited. All requests for multiple purchase discounts must be made in writing to firstname.lastname@example.org, please do not use the checkout facility if you are applying for a discount. If your request for multiple purchase discount is accepted you will be invoiced directly.
3.1 Payment for the goods and delivery charges can be made by any debit or credit card that is shown as acceptable on the Website at the time you place your order.
3.2 All shipments are subject to prior authorisation of your payment.
3.3 Sarah Bayliss Photography Limited uses a third party payment provider for administering payments on its behalf (currently Paypal). Sarah Bayliss Photography Limited does not have access to your debit or credit card details.
3.4 If, where permitted by these Terms, you wish to receive a refund for the goods, you will need to provide Sarah Bayliss Photography Limited with details of the invoice, and the reason/s to why a refund is requested together with the details of your debit or credit card used for the purchase of goods so that we may instruct our third party payment provider to issue a refund. Refunds may be subject to an administration fee.
4. Delivery and risk
4.1 The goods you order will de delivered to the shipping address you give when you place your order, subject to confirmation of acceptance of your order by Sarah Bayliss Photography Limited.
4.2 All editions or other artwork ordered from Sarah Bayliss Photography Limited shall be sent to you via a secure courier service. Sarah Bayliss Photography Limited shall endeavour to dispatch editions within the UK and EU within 10 days after receiving payment and outside the EU within 21 days of receiving payment, or within such other period indicated at the time you place your order.
4.3 If delivery cannot be made to the shipping address provided, Sarah Bayliss Photography Limited will inform you as soon as possible. All reasonable solutions will be entered into by both you and Sarah Bayliss Photography Limited to successfully deliver the ordered goods.
4.4 If there is no-one available at the shipping address to accept delivery of the goods, you will be asked to re-arrange delivery for an alternative date or to collect the goods from a specified place. You shall be liable for any costs associated with re-delivery, in the event that re-delivery costs are paid by Sarah Bayliss Photography Limited, the goods shall not be re-delivered until Sarah Bayliss Photography Limited has received payment in full for such costs.
4.5 A signature will be required on delivery of all Sarah Bayliss Photography Limited editions. Receipt of a signature at the shipping address for any edition ordered by you shall be proof that the order has been delivered to you.
4.6 Every effort will be made to deliver the goods within the time periods specified above. If Sarah Bayliss Photography Limited is unable to deliver the goods within such time periods, Sarah Bayliss Photography Limited will inform you as soon as possible of the revised estimated delivery date, you will be entitled should you choose, to cancel the order and obtain a refund for any sum that has been paid by you for the goods and their delivery to you.
4.7 You will become the owner of the goods you ordered and responsible for risk of loss or damage to them once they have been delivered to you.
5. Your right of cancellation as a consumer
5.1 If you are a consumer, you have the right to cancel the contract with Sarah Bayliss Photography Limited at any time up to the end of seven working days after you receive the goods and in accordance with this clause 5. A working day is any day other than a Saturday, Sunday or public holiday in the UK.
5.2 To exercise your right of cancellation, you must give written notice to Sarah Bayliss Photography Limited by email, to email@example.com, giving details of the goods ordered, the invoice number and where appropriate their delivery.
5.3 If you exercise your right of cancellation after the goods have been delivered to you, you must await receipt of a Return Merchandise Authorisation (RMA) from Sarah Bayliss Photography Limited before you return the goods. The RMA will contain clear instructions as to how to return the goods. You must return the goods to Sarah Bayliss Photography Limited at your own cost, in unused and otherwise re-saleable condition. The goods must be returned by courier to the address provided in the RMA, if you are returning editions or other artwork the goods must be adequately sealed in the original packaging and you must take reasonable care to ensure the goods are not damaged whilst in your possession or in transit. Any damage to the goods whilst in your possession or in transit will result in your request for a refund being refused.
5.4 Once you have notified Sarah Bayliss Photography Limited that you are cancelling the contract, Sarah Bayliss Photography Limited will refund you within 30 days of receiving notice of such cancellation minus a small admin fee of £55 per limited edition.
5.5 If you do not return the goods as required after exercising your right of cancellation, Sarah Bayliss Photography Limited may charge you for the direct costs of recovering the goods.
5.6 You do not have the right to cancel the contract if the order is for goods that are custom-made or clearly personalised or by their nature cannot be returned or are liable to deteriorate or expire rapidly.
6 No right of resale
6.1 If you are a consumer, we only supply the goods/artworks/editions/photographic prints for domestic and private use. You agree not to use the goods for any commercial, business or re-sale purposes.
6.2 If you are a business, we only supply goods/artworks/editions/photographic prints for internal use by your business. You agree not to use the goods for any commercial, business or re-sale purposes.
7. Public display of editions or artwork
You are not permitted to display or to authorise any display of any edition or other artwork purchased by you in a commercial manner without the prior written consent of Sarah Bayliss Photography Limited on behalf of the artist of such edition.
8. Intellectual Property
In purchasing any goods from the Website, you are not granted any right to any copyright or other intellectual property rights in the goods. Please note that in respect of any edition or other artwork purchased by you, the artist of such edition or artwork has asserted their right to be identified as the author of such edition.
9.1 Nothing in this clause 9 or otherwise in these Terms shall exclude or limit our liability for: death or personal injury caused by our negligence; or for fraud or fraudulent misrepresentation; or breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or defective products under the Consumer Protection Act 1987.
9.2 Subject to 9.1 above, except as expressly stated in these Terms, to the fullest extent permitted by law, we hereby exclude:
9.2.1 all conditions, warranties and other terms that might be implied into these Terms by law or otherwise;
9.2.2 any liability for any business loss or damage or any indirect or consequential loss or damage suffered by you in connection with your order of goods, including loss of revenue, loss of profit, or loss of business, and whether caused by tort (including negligence), breach of contract or otherwise.
9.3 Subject to 9.1 above, Sarah Bayliss Photography Limited shall not be responsible for any defect in the goods arising from fair wear and tear, wilful damage, accident, or negligence by you or any third party. Subject to the foregoing, if the goods supplied to you are in any way defective or you have any other complaint about the goods, you should, in the first instance, contact Sarah Bayliss Photography Limited via email to firstname.lastname@example.org
9.4 Sarah Bayliss Photography Limited shall not be held responsible for any delay or failure to comply with its obligations under these Terms if the delay or failure arises from any cause which is beyond Sarah Bayliss Photography Ltd’s reasonable control.
9.5 If you are a consumer, you will have legal rights in relation to goods that are defective or not as described. These legal rights are not affected by these Terms. Advice about your legal rights is available from your local Citizen’s Advice Bureau or Trading Standards office.
10. Marketing Communications
Sarah Bayliss Photography Limited would like to notify you of the availability of new editions and similar artwork that may be of interest to you from time to time. Sarah Bayliss Photography Limited does not currently produce a Newsletter and limits all marketing communication to a minimum. As a consumer you will be automatically subscribed to such notifications, however you will be able to unsusbscribe from such notifications at any time by notifying us in writing to email@example.com or by clicking the unsubscribe option at the bottom of any electronic marketing communication.
11. Sarah Bayliss Photography Limited’s contact details
If you have any queries about your purchase of goods, these Terms or any other aspect of our Website you can email us at firstname.lastname@example.org or write to us at 4, High Street, Alton, Hampshire GU34 1BU. We will endeavour to respond as quickly as possible.
12.1 Sarah Bayliss Photography Limited may transfer its rights and obligations under a contract made with you pursuant to these Terms to another organisation, but this will not affect your rights or obligation under these Terms.
12.2 You may only transfer your rights or obligation under these Terms to another person if we agree in writing.
12.3 These Terms are not intended to and shall not create any rights enforceable by any person other than the person who is party to the contract with Sarah Bayliss Photography Limited for the supply of goods.
12.4 If any court or relevant authority finds that any of these Terms is unlawful or unenforceable, the validity and enforceability of the other Terms shall not be affected.
12.5 No failure by us to exercise any right or remedy under these Terms shall constitute a waiver of that or any other right or remedy.
12.6 These Terms and the supply of the goods by Sarah Bayliss Photography Limited and any dispute or claim arising out of or in connection with it shall be governed by and construed in accordance with English law, and the English courts will have exclusive jurisdiction in respect of any such dispute or claim.
These Terms were last updated 02/06/15