Terms & Conditions of Use
1. Introduction
1.1 These terms and conditions govern your use of our website.
1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
1.3 If you make a purchase on our website, we will ask you to expressly agree to these terms and conditions.
1.4 You must be at least 18 years of age to use our website; and by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.
1.5 Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our Privacy and Cookies policy.
2. Copyright notice
2.1 Copyright (c) 2016 - 2023 Ruth Ellen Samuels t/a Ruth Ellen Photography.
2.2 Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.
3. Licence to use website
3.1 You may:
(a) view pages from our website in a web browser;
(b) purchase products through this website;
subject to the other provisions of these terms and conditions.
3.2 Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
3.3 You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.
3.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
3.5 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our website (including republication on another website);
(b) sell, rent or sub-license material from our website;
(c) show any material from our website in public;
(d) exploit material from our website for a commercial purpose; or
(e) redistribute material from our website.
3.6 Notwithstanding Section 3.5, you may redistribute our emailed newsletter in electronic form to any person.
3.7 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
4. Acceptable use
4.1 You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
(e) access or otherwise interact with our website using any robot, spider or other automated means;
(f) violate the directives set out in the robots.txt file for our website; or
(g) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
4.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.
4.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
5. Products
5.1 The advertising of products on our website constitutes an "invitation to treat" rather than a contractual offer.
5.2 We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product.
5.3 Prices stated on our website may be stated incorrectly.
5.4 The sale and purchase of products through our website, and the licensing of those products, will be subject to all the terms listed before completing payment at the checkout process (where there are tick boxes) and the Goods Sale Terms and Conditions, and we will ask you to agree to the terms of those documents each time you make a purchase on our website.
6. Report abuse
6.1 If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.
6.2 You can let us know by email to, ruth@ruthellenphotography.co.uk.
7. Limited warranties
7.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date; or
(c) that the website or any service on the website will remain available.
7.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent that these terms and conditions expressly provide otherwise, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
7.3 To the maximum extent permitted by applicable law and subject to Section 8.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
8. Limitations and exclusions of liability
8.1 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.
8.2 The limitations and exclusions of liability set out in this Section 8 and elsewhere in these terms and conditions:
(a) are subject to Section 8.1; 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.
8.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
8.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
8.5 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.
8.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.
8.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
9. Breaches of these terms and conditions
9.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website;
(c) permanently prohibit you from accessing our website;
(d) block computers using your IP address from accessing our website;
(e) contact any or all your internet service providers and request that they block your access to our website;
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
(g) suspend or delete your gallery (if applicable) on our website.
12.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
10. Third party websites
10.1 Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.
10.2 We have no control over third party websites and their contents, and subject to Section 8.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.
10.3 Permission must be granted in writing from Ruth Ellen Samuels, if you wish to use a link to this website. Please email to ask for permission to, ruth@ruthellenphotography.co.uk.
11. Variation
11.1 We may revise these terms and conditions from time to time.
11.2 The revised terms and conditions will apply to the use of our website from the date of their publication on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of the terms and conditions.
12. Assignment
12.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
12.2 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.
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 These terms and conditions are for our benefit and your benefit, and are not intended to benefit or be enforceable by any third party.
14.2 The exercise of the parties' rights under these terms and conditions is not subject to the consent of any third party.
15. Entire agreement
15.1 Subject to Section 8.1, these terms and conditions, together with our privacy and cookies policy, constitute the entire agreement between you and us in relation to your use of our website and supersede all previous agreements between you and us in relation to your use of our website.
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. Our details
17.1 This website is owned and operated by Ruth Ellen Samuels
17.2 Our principal place of business is at, Ruth Ellen, PO Box 1389, LINCOLN, LN5 5XE.
17.3 You can contact us by writing to the business address given above, by using our website contact form, by telephone on 07877 136500 or by email to ruth@ruthellenphotography.co.uk.
Goods Sale Terms and Conditions for Online Orders
1. Introduction
1.1 These terms and conditions shall govern the sale and purchase of products through our website.
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 (such as rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or the Consumer Rights Act 2015).
2. Interpretation
2.1 In these terms and conditions:
(a) "we" means Ruth Ellen Samuels t/a Ruth Ellen Photography; and
(b) "you" means our customer or prospective customer,
and "us", "our" and "your" should be construed accordingly.
3. Order process
3.1 The advertising of products 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.
3.3 To enter into a contract through our website to purchase products from us, the following steps must be taken: you must add the products you wish to purchase to your shopping basket, then, from your shopping basket, proceed by clicking the CHECKOUT button; enter your details, then consent to all the terms listed (where there are tick boxes), the terms of this document, then click the NEXT button; from here you can check you are happy with the delivery cost that has been calculated for your order and the expected delivery time (if you are not happy, you can choose not to continue with your order), then, if your order has come to £0.00 as you have credit towards your order or are being invoiced to pay at a later date, click the, COMPLETE ORDER, button, (at which point your order will become a binding contract); if your order has a price to pay, click the NEXT button; if you are paying 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 are paying 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 the COMPLETE ORDER, button has been clicked, we will then send you a notification of order email (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order. The email to confirm we are unable to meet your order, may be sent after your notification of order email and at a later date. If you do not receive an email after the checkout process, please check your junk email box.
3.4 You will have the opportunity to identify and correct input errors prior to making your order by checking what is in your shopping basket before completing your payment. If there are any errors, please remove the relevant products and / or amend the necessary 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 products and quantities in your basket are correct. Please ensure your email address is also correct (as this is where your order confirmation will be sent) and your postal address is correct as we may be unable to change this after your order has been processed and we are unable to re-send or refund your order if you have supplied an incorrect postal address and have not received your order. All of this can and must be checked before completing the checkout process which includes, clicking the COMPLETE ORDER button if the order is £0.00 or clicking the SUBMIT PAYMENT button if paying by card or completing payment on PayPal.
3.5 If your order contains a high quantity and / or value, we may contact you before the order is processed, to confirm this is correct. We may need to cancel your order and / or suggest an alternative method to process your order.
3.6 We may be unable to combine orders of different products on our website, as they may be dealt with separately. If this is the case you will be notified when adding a product to your basket and you will need to complete the checkout process separately.
3.7 Prints may be printed to order or sent from our own stock. If they are being printed to order, once you have completed the checkout process, your order and delivery details will then be sent direct to the printing lab or will be processed on the printing labs own website. By making payment, you confirm that you are happy for your print order to be processed in any of these ways.
3.8 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.
4. Products / Copyright / Licence
4.1 The following types of products are, or may be available on our website from time to time: photography prints, frames, mounted prints and greeting cards.
4.2 We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product.
4.3 The entire copyright in the Photographs / Images / Prints / Products is retained by Ruth Ellen Samuels t/a Ruth Ellen Photography at all times throughout the world.
4.4 Title to all Photographs / Images / Prints / Products remains the property of Ruth Ellen Samuels t/a Ruth Ellen Photography.
4.5 You acknowledge that we own all rights, copyrights, title and interest to the Photographs / Images / Prints / Products and you have no right to use any of them outside the express terms of this agreement.
4.6 Money paid to us includes a fee for the grant of a licence in the terms of this agreement. The licence arises only after you have paid us the money due under this agreement.
4.7 The licence given to you is for personal use or displaying in a commercial property only. Greetings cards can be sent for business purposes, but none of the products sold through this website are for re-sale unless agreed prior to purchase which may be subject to a further contract which will already have been agreed. This 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.
4.8 The licence is restricted so that unless we give written authorisation, you may not copy, edit or manipulate any Photograph / Image / Print / Product created by us, nor permit any other person to do so, without our permission in writing.
4.9 So far as any goodwill is generated by your use of the Photographs / Images / Prints / Products it shall accrue to the benefit of us.
4.10 You may not sell any Images / Products to third parties unless agreed prior to purchase which may be subject to a further contract which will already have been agreed.
4.11 This statement applies to all work by us: Copyright Ruth Ellen Samuels, 2016 - 2023. Moral Rights Asserted. This work may not be reproduced without the permission of Ruth Ellen Samuels. www.ruthellenphotography.co.uk
5. Prices
5.1 Our prices are quoted on our website.
5.2 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.
5.3 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.
5.4 It is possible that prices and delivery charges on the website may be incorrectly quoted; accordingly, we will verify prices as part of our sale procedures so that the correct price will be notified to you. You have the right to cancel your order if you do not wish to pay the amended prices.
5.5 In addition to the price of the products, you will have to pay a delivery charge, which will be notified to you before the contract of sale comes into force.
6. Payments
6.1 You must, during the checkout process, pay the prices of the products you order.
6.2 Payments are made through Stripe. PayPal will only be used if Stripe is unavailable.
6.3 If you fail to pay to us any amount due under these terms and conditions in accordance with the provisions of these terms and conditions, then we may withhold the products ordered and/or by written notice to you at any time cancel the contract of sale for the products.
6.4 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 6.4 (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 6.4.
7. Credit accounts
7.1 If we agree to open a business account for you, you will be able to pay in arrears, in accordance with the provisions of this Section 7.
7.2 If you hold an account, then upon or following the dispatch of products, we will send to you an invoice for payment of the price of those products, and you will pay such invoice within 30 days following the date of our invoice.
7.3 Business accounts will be subject to such credit limits as we may notify to you from time to time.
7.4 If you do not pay to us any amount properly due under or in connection with these terms and conditions in full and on time, we may:
(a) charge you interest on the overdue amount at the rate of 8% per year above the Bank of England base rate (which interest will accrue daily until the date of payment and be compounded at the end of each calendar month); or
(b) claim interest and statutory compensation from you pursuant to the Late Payment of Commercial Debts (Interest) Act 1998,
without prejudice to our other legal rights or rights under these terms and conditions.
8. Deliveries
8.1 Our policies and procedures relating to the delivery of products are set out in this Section 8.
8.2 We will arrange for the products you purchase to be delivered to the delivery address you specify during the checkout process. They will be delivered by Royal Mail, Royal Mail Signed For, Parcel Force or a Courier Service. The method of delivery is not something that you can choose, it depends on what is ordered. If it is being delivered by a Courier Service, you may receive a text message from the Courier with details of when your order will be delivered. Orders may arrive in multiple packages and on different days depending on what products you have ordered.
8.3 We will use reasonable endeavours to deliver your products on or before the expected delivery time period set out at the checkout process and shown in the order confirmation; however, we do not guarantee delivery by this date and we cannot be held liable for any consequential losses incurred, where deliveries are delayed.
8.4 We do guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 30 days following the later of receipt of payment and the date of the order confirmation. In all instances, please ensure your postal address is correct before completing the payment process, as we may be unable to change this after an order has been processed and we are unable to re-send or refund your order if you have supplied an incorrect postal address and have not received your order.
8.5 We will only deliver products to the UK.
8.6 If you are not in when the order is delivered and it is too large to fit through the letterbox, it will either be left in a safe place or a card will be left advising of further action. If a signature is required, and you are not in, a card will be left advising of further action. If you have received a text message from the courier regarding the delivery time of your order, you will need to respond to this if you will not be in to receive your order.
9. Distance contracts: cancellation right
9.1 This Section 9 applies if and only if you offer to contract with us as a consumer - that is, as an individual acting wholly or mainly outside your trade, business, craft or profession, or a business purchasing prints to display in the business premises or purchasing greeting cards to send for business purposes. This does not apply to wholesale customers (businesses which have purchased items for re-sale).
9.2 You may withdraw an offer to enter into a contract with us through our website or cancel a contract entered into with us through our website (without giving any reason for your withdrawal or cancellation) at any time within the period:
(a) beginning upon the submission of your offer; and
(b) ending at the end of 14 days after the day on which the products come into your physical possession or the physical possession of a person identified by you to take possession of them (or, if the contract is for delivery of multiple products, lots or pieces of something, 14 days after the day on which the last of those products, lots or pieces comes into your physical possession or the physical possession of a person identified by you to take possession of them).
9.3 In order to withdraw an offer to contract or cancel a contract on the basis described in this Section 9, 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 by 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, ruth@ruthellenphotography.co.uk with the subject title, "CANCEL ORDER". Please then copy, paste and fill in the below statement highlighted in bold, into the email and send.
To Ruth Ellen Photography, Lincoln, 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:
9.4 If prints are being printed to order, once you have completed the checkout process, your order and delivery details are then either sent directly to the printing lab or are processed on the printing labs own website. We cannot guarantee when the lab will start processing the order or how soon this cancellation notification or email that you send, can be actioned, and therefore if the lab has already started processing your order before we are able to notify them, your order will still be dispatched and delivered to you. In this instance, even if you cancel your order before you have received it, your order will still be delivered and you must pay the direct cost of returning the products and as this is at your own risk, it is recommended that these are sent back by registered post. If your order for any products has been dispatched before we can action / receive your cancellation notification, your order will still be delivered and you must pay the direct cost of returning the products and as this is at your own risk, it is recommended that these are sent back by registered post. In all instances, please obtain and keep the proof of postage.
9.5 If you cancel a contract on the basis described in this Section 9, you must send the products back to us at, Ruth Ellen, PO Box 1389, LINCOLN, LN5 5XE, or hand them over to us or a person authorised by us to receive them. The package must contain a slip of paper detailing, the name and address on the order, invoice number, date the order was made and the reason for the return, with the product in the original condition and sufficient packaging, so the item/s do not get damaged during transit (if sufficient packaging has not been used and the item has been damaged, we will reduce your refund to reflect the diminished value or not refund you if the item is not fit for re-sale due to your negligence). If you return a product(s) without sufficient information for us to track back where the return has come from, within the package, we will not be able to refund you. You must comply with your obligations referred to in this Section 9 without undue delay and in any event not later than 14 days after the day on which you inform us of your decision to cancel the contract. You must pay the direct cost of returning the products and as this is at your own risk, it is recommended that these are sent back by registered post. Please obtain and keep the proof of postage.
9.6 If you cancel an order or part of an order in accordance with this Section 9, you will receive a refund for the relevant amount. If products being returned were part of a bulk buy offer, the amount refunded will depend on the new value of the products you are keeping. If you return all products from an order you will receive a full refund of the amount you paid to us in respect of the order including the costs of delivery to you, except:
(a) if you chose a kind of delivery costing more than the least expensive kind of delivery that we offer, we reserve the right to retain the difference in cost between the kind of delivery you chose and the least expensive kind of delivery that we offer; and
(b) as otherwise provided in this Section 9.
9.7 If the value of the products returned by you is diminished by any amount as a result of the handling of those products by you beyond what is necessary to establish the nature, characteristics and functioning of the products, we may recover that amount from you up to the contract price. We may recover that amount by deducting it from any refund due to you or require you to pay that amount direct to us. Handling which goes beyond the sort of handling that might reasonably be allowed in a shop will be "beyond what is necessary to establish the nature, characteristics and functioning of the products" for these purposes. Such as but not limited to, the edges of a print have been damaged and are not in their original condition.
9.8 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.
9.9 Unless we have offered to collect the products, we will process a refund due to you as a result of a cancellation on the basis described in this Section 9 within the period of 14 days after the day on which we receive the returned product(s) or (if earlier) after the day on which you supply to us evidence of having sent the products back. If we have not sent the products to you at the time of withdrawal or cancellation and have managed to cancel the order before the lab started processing the order (if applicable) or have offered to collect the products, we will process a refund due to you without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the withdrawal or cancellation.
9.10 If you wish to purchase a different product, print and / or size, you will need to place a new order.
9.11 If you are dissatisfied with your product(s) due to quality or there is an issue, please contact us within 7 days of receiving your order to discuss, either by email to, ruth@ruthellenphotography.co.uk or telephone 07877 136500. The following will then apply:
(a) Proof of the defect will need to be sent to us, such as a photograph by email. We may then (or if you are unable to send a photograph by email) request the product(s) to be delivered back to us by registered post within 14 days (using sufficient packaging so the item is not damaged in transit). If the product(s) is faulty, we will bear the reasonable postage costs of you returning the product(s) such as Royal Mail 2nd Class Recorded Delivery, but will not refund any Next Day, Express or other premium component of delivery, and upon proof of the cost. We will refund this within 14 days of receiving the product. Please obtain and keep the proof of postage.
(b) Once the product has been confirmed as faulty by ourselves, you can then choose, a replacement, at no additional cost or a full refund for the product(s).
9.13 Please allow 2-7 working days after we have processed the refund, for a refund to appear in your bank account or PayPal account (if you paid by PayPal and have a PayPal account).
9.14 You will not have any right to cancel a contract as described in this Section 9 insofar as the contract relates to:
(a) the supply of non-prefabricated goods that are made on the basis of an individual choice of or decision by you, or goods that are clearly personalised. This includes items you choose to have framed and prints that are not offered as standard and have been offered to you via a special emailed link on your request.
10. Risk and ownership
10.1 The products you purchase from us will be at your risk from the time that they come into your physical possession or the physical possession of a person identified by you to take possession of the products.
10.2 Ownership of a product that you purchase from us will pass to you upon the later of:
(a) delivery of the product; and
(b) receipt by us in cleared funds of all amounts due in respect of the product (including delivery charges).
10.3 Until ownership of a product has passed to you, you will possess the product as our fiduciary agent and bailee.
10.4 If you are a business customer, then until ownership of a product has passed to you:
(a) you must store the product separately from other goods; and
(b) you must ensure that the product is clearly identifiable as belonging to us.
11. Warranties and representations
11.1 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;
(c) all the information that you provide to us in connection with your order is true, accurate, complete and non-misleading; and
(d) you will be able to take delivery of the products in accordance with these terms and conditions.
11.2 We warrant to you that:
(a) we have the right to sell the products that you buy;
(b) the products we sell to you are sold free from any charge or encumbrance, except as specified in these terms and conditions;
(c) you shall enjoy quiet possession of the products you buy, except as specified in these terms and conditions;
(d) the products you buy will correspond to any description published on our website; and
(e) the products you buy will be of satisfactory quality.
11.3 All of our warranties and representations relating to the supply of products are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to Section 12.1, all other warranties and representations are expressly excluded.
12. Limitations and exclusions of liability
12.1 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.
12.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:
(a) are subject to Section 12.1; 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.
12.3 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
12.4 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.
12.5 We will not be liable to you in respect of any loss or corruption of any data, database or software.
12.6 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
12.7 Our aggregate liability to you in respect of any contract to purchase products from us under these terms and conditions shall not exceed the total amount paid and payable to us under the contract.
13. Order cancellation
13.1 We may cancel a contract under these terms and conditions immediately, by giving you written notice of termination, if:
(a) you fail to pay, on time and in full, any amount due to us under that contract; or
(b) you commit any breach of that contract.
13.2 You may cancel a contract under these terms and conditions immediately, by giving us written notice of termination, if we commit any breach of that contract.
13.3 If you are a business customer, we may cancel a contract under these terms and conditions by written notice to you if:
(a) you cease to trade;
(b) you become insolvent or unable to pay your debts within the meaning of the insolvency legislation applicable to you;
(c) a person (including the holder of a charge or other security interest) is appointed to manage or take control of the whole or part of your business or assets, or notice of an intention to appoint such a person is given or documents relating to such an appointment are filed with any court;
(d) the ability of your creditors to take any action to enforce their debts is suspended, restricted or prevented, or some or all of your creditors accept, by agreement or pursuant to a court order, an amount of less than the sums owing to them in satisfaction of those sums; or
(e) any process is instituted which could lead to you being dissolved and your assets being distributed to your creditors, shareholders or other contributors.
13.4 We may cancel a contract under these terms and conditions by written notice to you if we are prevented from fulfilling that contract by any event beyond our reasonable control, including without limitation any unavailability of raw materials, components or products, or any power failure, industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, riot, terrorist attack or war.
14. Consequences of order cancellation
14.1 If a contract under these terms and conditions is cancelled in accordance with Section 13:
(a) we will cease to have any obligation to deliver products which are undelivered at the date of cancellation;
(b) you will continue to have an obligation where applicable to pay for products which have been delivered at the date of cancellation (without prejudice to any right we may have to recover the products); and
(c) all the other provisions of these terms and conditions will cease to have effect, except that Sections 1.3, 6.4, 7.2, 7.4, 10, 12, 17, 18, 19, 20, 21 and 22 will survive termination and continue in effect indefinitely.
15. Scope
15.1 These terms and conditions shall not constitute or effect any assignment or licence of any intellectual property rights.
15.2 These terms and conditions shall not govern the licensing of works (including software and literary works) comprised or stored in products.
15.3 These terms and conditions shall not govern the provision of any services by us or any third party in relation to the products (other than delivery services).
16. Variation
16.1 We may revise these terms and conditions from time to time by publishing a new version on our website.
16.2 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.
17. Assignment
17.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
17.2 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.
18. No waivers
18.1 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.
18.2 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.
19. Severability
19.1 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.
19.2 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.
20. Third party rights
20.1 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.
20.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
21. Entire agreement
21.1 Subject to Section 12.1, these terms and conditions, together with our 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 products and shall supersede all previous agreements between you and us in relation to the sale and purchase of our products, except;
(a) if you are a business customer, your previously and most recently signed agreement for product purchases for re-sale, will also apply.
22. Law and jurisdiction
22.1 These terms and conditions shall be governed by and construed in accordance with English law.
22.2 Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of England.
23. Statutory and regulatory disclosures
23.1 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.
23.2 These terms and conditions are available in the English language only.
24. Our details
24.1 This website is owned and operated by Ruth Ellen Samuels
24.2 Our principal place of business is at, Ruth Ellen, PO Box 1389, LINCOLN, LN5 5XE.
24.3 You can contact us by writing to the address given above, by using our website contact form, by telephone on 07877 136500 or by email to ruth@ruthellenphotography.co.uk.
25. Complaints: Online dispute resolution
25.1 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/odr/ . Please use ruth@ruthellenphotography.co.uk as our contact email in the platform.
26. Donations to the PSP Association
26.1 For each item sold a donation will be made to the PSP Association, Registered Charity No. in England and Wales 1037087 and Scotland SCO41199, website, www.pspassociation.org.uk
26.2 If any products are returned, this donation will not be made. These donations may be altered to reflect a change in price or manufacture costs (a change of donation will apply to orders made at any time following the time of the revision, but will not affect the donation amount for orders placed, before the time of the revision).
Privacy Policy and Cookies
Privacy Policy for the Use of this Website (more Privacy Policies further below)
Your Personal Data:
What we need
This website will be what is known as the "Controller" of the personal data you provide to us, which may include name, address, email and so on.
Why we need it
Your data is collected primarily for fulfilment of your orders and relaying of messages you send through this website.
What we do with it
Your data provided to this website is relayed to the website owner, and is archived by the website service provider Theimagefile.com. The service provider data archive exists primarily in Ireland.
How long we keep it
Your online order data is stored for a number of years as required by tax law. Some aspects of your online order data can be anonymised at your request and to the extent allowable by law. Your other non-order data (i.e. marketing or messaging data) can be deleted or anonymised at your request, as per requirements of General Data Protection Regulation (GDPR). You may also unsubscribe from marketing communications at any time.
What are your rights?
If at any point you believe the information we process on you is incorrect, you may request to see this information and even have it corrected or deleted. If you wish to raise a complaint on how we have handled your personal data, you can contact our Data Protection Officer who will investigate the matter. Unless otherwise stated in this document, the managing director of this website acts as the EU Data Protection Officer (DPO) and can be reached from the contact page of this website.
If you are not satisfied with our response or believe we are processing your personal data not in accordance with the law you can complain to the Information Commissioner's Office (ICO).
What are cookies?
Cookies are small pieces of data, stored in text files, that are stored on your computer or other device when websites are loaded in a browser. They are widely used to "remember" you and your preferences, either for a single visit (through a "session cookie") or for multiple repeat visits (using a "persistent cookie"). They ensure a consistent and efficient experience for visitors, and perform essential functions such as allowing users to register and remain logged in. Cookies may be set by the site that you are visiting (known as "first party cookies"), or by other websites who serve up content on that site ("third party cookies").
Cookies on this website
This website uses cookies for a variety of different purposes. These include those that are "strictly necessary" for technical reasons; those that enable a personalized experience for visitors and registered users; and those that interact with selected third party networks. Some of these cookies may be set when a page is loaded, or when a visitor takes a particular action, such as clicking a "like" button. Below is a description of each category of cookies that are in use, along with specific examples.
Strictly Necessary
These are the cookies that are essential for websites to perform their basic functions. These include those required to allow registered users to authenticate and perform account related functions, as well as to save the contents of virtual "carts" on sites that have an e-commerce functionality:
sid - temporary session cookie identifier, used for login sessions and shopping cart
tif_cem - temporary session cookie for current email, used for secure albums requiring email login
tx1_EGS - temporary session cookie storing search term for album searches
tx1_fmm - temporary session cookie allowing viewing desktop site from mobile & vice versa
tx1_vprefp - persistent cookie remembering your preference when you close certain notifications on this website (Cookie Bar, Announcement Bar, and related)
Unless otherwise noted below, we do not use cookies for optional functionality, AB testing, performance, advertising and so on.
Third Party/Embedded Content
This website may make use of different third party applications and services to enhance the experience of website visitors. These include social media platforms such as Facebook and Twitter (through the use of sharing buttons), or embedded content from YouTube and Vimeo, or tracking services such as Google Analytics. As a result, cookies may be set by these third parties, and used by them to track your online activity. We have no direct control over the information that is collected by these cookies.
Controlling cookies
Visitors may wish to restrict the use of cookies, or completely prevent them from being set. Most browsers provide for ways to control cookie behaviour such as the length of time they are stored - either through built-in functionality or by utilizing third party plugins.
To find out more on how to manage and delete cookies, visit aboutcookies.org. For more details on advertising cookies, and how to manage them, visit youronlinechoices.eu (EU based) or aboutads.info (US based).
It's important to note that restricting or disabling the use of cookies can limit the functionality of sites, or prevent them from working correctly at all.
Web beacons and other tracking technologies
Both websites and HTML e-mails may also contain other tracking technologies such as "web beacons". These are typically small transparent images that provide us with statistics, for similar purposes as cookies. They are often used in conjunction with cookies, though they are not stored on your computer in the same way. As a result, if you disable cookies, the web beacons may still load, but their functionality will be restricted.
Photographer's Privacy Policy
Any information and / or personal data that the Photographer keeps is collected primarily for fulfilment of your orders, services and relaying of messages and this only occurs if you make contact with the Photographer through the contact page on this website, through the Photographer's social media sites, by telephone or place an order through this website. Information held, will only be that, which you have provided. Order data is stored for a number of years as required by tax law. Your details will only be forwarded to third party suppliers to fulfil your order/s if relevant.
Ruth Ellen Photography uses externally hosted third parties to manage and administer your enquiry / account, including the Website controller (privacy policy mentioned above), Business Management Software controller, Mailchimp for marketing, Email and Payment Providers.
None of the externally hosted third parties will forward your data to third parties or use it for marketing purposes.
Ruth Ellen Photography will not contact you for marketing purposes unless you have specifically subscribed to marketing material (administered via Mailchimp), which you can unsubscribe to at any time by emailing, ruth@ruthellenphotography.co.uk, by clicking on the "unsubscribe" link on emails received via Mailchimp from Ruth Ellen Photography or clicking the "Unsubscribe" link on the website footer.
From time to time, if you have added items to your basket and have entered your email address but not completed the checkout, you may be sent an email advising of incomplete checkout. If you do not wish to receive these emails, please do not add your email address.
In some instances, a photograph can constitute as personal data. Ruth Ellen Photography will never take a photograph as a means of identification unless contracted to do so. Any person captured in a photograph, are done so in legitimate interest.
We are not responsible for the privacy policies of linked websites on this website. You should view each websites own privacy policy as these may differ from our own.
If you wish for any of your data to be deleted, subject to applicable laws, or you would like to know what data we have on file for you, please contact, ruth@ruthellenphotography.co.uk.
Ruth Ellen, PO Box 1389, LINCOLN, LN5 5XE.
Ownership & Copyright
The contents of this website are owned by Ruth Ellen Samuels. The content including each and every photograph are protected by copyright and trade mark law and other related intellectual property rights. Copyright in the photographs is owned by Ruth Ellen Samuels. Ruth Ellen Samuels' photographs are also protected by moral rights. Ruth Ellen Samuels asserts her moral right to be identified as the author wherever and whenever her photographs are copied or distributed by any means.
Use of Ruth Ellen Samuels' Website and Photographs
No part of Ruth Ellen Samuels website and photographs may be copied or distributed by any means without the explicit written permission of Ruth Ellen Samuels. Those wishing to copy or distribute material from this website should contact Ruth Ellen Samuels using the contact form on this website.