Terms and Conditions - EJ Lazenby

Terms & Conditions

1. About Me

This website www.ejlazenbyphotography.co.uk is owned and operated by; EJLazenby Mount Pleasant, Cawthorne Lane, Kexborough. Barnsley. S.Yorks, S75 5DY UK Email:  info@ejlazenbyphotography.co.uk or arrkidd@yahoo.co.uk tel: 07974404765

If you need to contact me please use the details above.


2. Making a contract with me

2.1 When you place an order with me, you are making an offer to buy goods. I will send you an e-mail to confirm that we have received your order.

2.2 In the unlikely event that the goods are no longer available, or that I have made a pricing mistake, I will advise you of this. You will not receive an e-mail confirming acceptance of your order, and there will be no contract between us.

2.3 I have made every effort to display as accurately as possible the colours of my products that appear on this website. However, I cannot guarantee that your monitor’s display of any colour will accurately reflect the colour of the actual goods.

2.4 Whilst we try to be as accurate as possible, all information provided is approximate and is provided in good faith.

2.5 This contract is covered by English law.

2.6 By placing an order with us, you agree to and accept these terms, as well as our privacy policy and the terms of website use.


3. How to place an order

3.1 You can use my website to place an order by selecting the product you wish to buy and adding it to your basket. Items you do not require can be removed from your basket at any time.

3.2 Postage charges will be shown prior to you placing your order on the item page(s).

3.3 You will be required to pay for the goods in full at the time of ordering.

3.4 We use secure payment facilities for online purchases. You can pay for your order by PayPal.

3.5 Promotional prices only apply during the period stated.

3.6 All prices quoted on our website are in UK pounds.

3.8 Once your order has been confirmed, changes may not be possible or may incur additional charges or delays.

3.7 Once your order is complete we will notify you of the dispatch date.


4. Delivery & Carriage Charges

4.1 Goods will normally be dispatched within 3-7 working days and any estimated dispatch date is an estimate, which can change without notice.

4.2 I will normally deliver goods within 1-4 working days of dispatch.

4.3 Your order may arrive in more than one delivery.

4.4 I will deliver the goods to the premises you specify on your order. I will not accept responsibility for loss or damage if you instruct the delivery company to leave the goods unattended.

4.5 Please check the goods on delivery – any goods found to be missing or damaged should be notified to us immediately so we an resolve the problem as quickly as possible.

4.6 You will receive confirmation of your order and a paper copy will be included in your delivery.


5. Cancellation and returns

5.1 This policy does not apply to goods ordered by businesses which are exempt form the Distance Selling Regulations, or the following goods which are exempt from the right to cancel.

5.2 Your right to cancel an order starts the moment you place your order and ends 14 days from the day you receive it. To do this, please e-mail or write to us. We are unable to accept cancellations by phone.

5.3 You do not have to give any reason for cancellation. However, a brief explanation will help us to improve the service we offer to customers in the future.

5.4 If you cancel, you must return the goods within 14 days of cancellation, complete with the original packaging to us, at your own expense. You must ensure that the goods are packaged adequately to protect against damage.

5.5 If you fail to return the goods, or if you fail to take reasonable care of the goods before they are returned to us, and this results in damage or deterioration, we will charge you for the reduction in value.

5.6 We will refund all monies paid to us by you including basic postage/ carriage within 30 days, less any costs due under this contract. If you opted for an enhanced postal service we will only refund the basic cost of postage.

5.7 Business customers, or customers exempt from the distance selling regulations may not cancel or return any items which have been made to order.

5.8 Any items which have been personalised or modified to your specification (including any commission work undertaken), post ordering cannot be cancelled or returned unless damaged. This cancellation policy does not affect your legal rights – for example, if goods are faulty or misdescribed.


6. Faulty Goods / Guarantee

6.1 If there is a problem with the goods, please notify us by email or in writing providing details of the problem. Its helpful if you can provide us with a digital photograph of the problem as this normally saves you having to return the goods for inspection. We will deal with the matter in accordance with your legal rights.

6.2 If an exchange is necessary, this will be arranged without unreasonable delay and without charge. Replacement goods will not be dispatched until the original goods have been received by us and checked. The cost of returning goods to us is your responsibility, however on inspection we will refund your reasonable postage costs, providing that the goods are found to be faulty. If the goods are not faulty, we will return them to you, however you will be required to cover our reasonable postage costs.

6.3 Within this time scale we will replace defective goods free of charge, at our discretion, providing that you have returned to us any faulty goods upon request.

6.4 If an item is no longer available we will offer an alternative. However our liability will be to replace the faulty goods only and we are unable to guarantee an exact match. In this instance you will have the option of a refund.

6.5 Where we replace faulty goods you are responsible for their disposal if they have not previously been returned to us.

6.6 We are unable to guarantee and exact colour match due to the nature of the product.


7. Liability

7.1 The products sold on this website have been designed to comply with all relevant UK legislation. We cannot warrant or represent that they comply with any legal requirement outside the UK.

7.2 We do not accept liability for any consequential loss of profit or indirect losses.


8. Copyright

8.1 All images on this website are © of  E J Lazenby (the originator of the image) and must not be downloaded, used or reproduced in any form including social media and pininterest.  After purchase of digital downloads, you may post, share and or/print

8.2 All derivative images are created with the permission of the image originator and subject to a contractual agreement for the use of the image.

8.3 Image copyright and derivative use in accordance to UK copyright law.

8.4 Copyright of all commissioned work remains with the artist / originator unless subject to negotiated contract and usage fee.

8.5 UNAUTHORISED sharing of UNPURCHASED IMAGES on Social Media (Twitter, Facebook, Instagram etc) will result in an invoice generated for usage without permission and credit, and the offending images must be removed within 24hours.


9. Prints

9.1 All printing is outsourced to Loxleycolour.com based in Glasgow, UK, a top Professional quality printing lab.


10. Photographic Workshops

10.1 Workshop participation

When signing up for one of my workshops, you agree to be bound by the terms and conditions of image use; including tagging of images posted online and restrictions on commercial usage. Full workshop terms and conditions can be found here WORKSHOP T&C


11. GDPR compliance

GDPR Privacy Policy May 2018 EJLazenby Fine Art (est. 2004), EJLazenby Photography (est. 2016) and Animal Fine Art (est. 1992) are businesses owned and managed by Elizabeth Jane Lazenby of Cawthorne Lane, Kexborough, Barnsley. S75 5dy.


The GDPR is designed to protect you as an internet user from any breaches of trust. It is designed to do that in two ways; 1/ it makes consent to use your name and other data optional, and 2/ if there is a breach, it forces the site/shop/business to tell you within hours, not months and months after a cyber attack.


This Privacy Policy describes how and when I collect, use, and share information when you purchase an item from me, contact me, book me for a photoshoot, commission a painting or otherwise use my services through Etsy.com, EJLazenbyPhotography.co.uk (via Smugmug website provider), Animalfineart.co.uk, Facebook or Instagram, or directly in person from my studio.


 Information I Collect

To fulfil your purchase, booking or order, you must provide me with certain information, such as your name, email address, postal address, payment information, and the details of the product/service that you’re ordering. You may also choose to provide me with additional personal information (for a custom booking of photography, for example), if you contact me directly.

Why I Need Your Information and How I Use It

I rely on a number of legal bases to collect, use, and share your information, including:

• as needed to provide my services, such as when I use your information to fulfill your order, to settle disputes, or to provide customer support;

• when you have provided your affirmative consent, which you may revoke at any time, such as by signing up for my mailing list or blog (rantingravingandpainting)

• if necessary to comply with a legal obligation or court order or in connection with a legal claim, such as retaining information about your purchases if required by tax law; and

• as necessary for the purpose of my legitimate interests, if those legitimate interests are not overridden by your rights or interests, such as 1) providing and improving my services. I use your information to provide the services you requested and in my legitimate interest to improve my services; and 2) Compliance with the Etsy Seller Policy and Terms of Use.

I use your information as necessary to comply with my obligations under the Etsy Seller Policy and Terms of Use. Information Sharing and Disclosure Information about my customers is important to my business.

I share your personal information for very limited reasons and in limited circumstances, as follows:

• Etsy. I share information with Etsy as necessary to provide you my services and comply with my obligations under both the Etsy Seller Policy and Etsy Terms of Use.

• Service providers. I engage certain trusted third parties to perform functions and provide services to my shop, such as delivery companies. I will share your personal information with these third parties, but only to the extent necessary to perform these services.

• Business transfers. If I sell or merge my business, I may disclose your information as part of that transaction, only to the extent permitted by law.

• Compliance with laws. I may collect, use, retain, and share your information if I have a good faith belief that it is reasonably necessary to: (a) respond to legal process or to government requests; (b) enforce my agreements, terms and policies; (c) prevent, investigate, and address fraud and other illegal activity, security, or technical issues; or (d) protect the rights, property, and safety of my customers, or others.

Transfer and storage of personal images

• Photographs of people or animals in their ownership are considered 'personal data' and my image storage also has to be GDPR compliant.

• Images are stored with password protection on external hard drives which are situated when not in use in a locked cabinet safely in my studio. Images will be stored for a maximum of 4 years.

• I use two data transfer mechanisms; Wetransfer and Dropbox. We transfer is used for the transfer of high numbers of images, Dropbox (business) is used for the transfer of smaller quantities of images. both of these data handling services are certified GDPR compliant with the most widely-accepted security and privacy standards and regulations in the world.

• Your specific consent will be sought prior to the use of images for advertising, publicity, studio samples or blog posts.

• Password protection is offered for web albums to keep your images private.

• Images sent via the postal service are sent Special Delivery and need to be signed for upon collection.

• There is also an option to have your USB image storage device encrypted prior to release/posting.

Data Retention

I retain your personal information only for as long as necessary to provide you with my services and as described in my Privacy Policy. However, I may also be required to retain this information to comply with my legal and regulatory obligations, for tax purpose, to resolve disputes, and to enforce my agreements. I generally keep your data for the following time period: 6 years.

Transfers of Personal Information Outside the EU

I will not store or process your information through any third-party hosting services outside the EU. Your Rights If you reside in certain territories, including the EU, you have a number of rights in relation to your personal information. While some of these rights apply generally, certain rights apply only in certain limited cases. I describe these rights below:

• Access. You may have the right to access and receive a copy of the personal information I hold about you by contacting me using the contact information below.

• Change, restrict, delete. You may also have rights to change, restrict my use of, or delete your personal information. Absent exceptional circumstances (like where I am required to store data for legal reasons) I will generally delete your personal information upon request.

• Object. You can object to (i) my processing of some of your information based on my legitimate interests and (ii) receiving marketing messages from me after providing your express consent to receive them. In such cases, I will delete your personal information unless I have compelling and legitimate grounds to continue using that information or if it is needed for legal reasons.

• Complain. If you reside in the EU and wish to raise a concern about my use of your information (and without prejudice to any other rights you may have), you have the right to do so with your local data protection authority.

How to Contact Me

For purposes of EU data protection law, I, EJLazenby, am the data controller of your personal information. If you have any questions or concerns, you may contact me at info@ejlazenbyphotography.co.uk. Alternately, you may mail me at: EJLazenby. Mount Pleasant, Cawthorne Lane. Kexborough. Barnsley. S75 5DY.


 WEBSITE DISCLAIMER for

www.ejlazenbyphotography.co.uk

Last updated Feb 2018


T: 01226 382378       M: 07974 404765

email: info@ejlazenbyphotography.co.uk


PLEASE DO NOT COPY, DOWNLOAD, SCREEN SHOT, PRINT OR USE THESE IMAGES IN ANY WAY UNLESS YOU HAVE PURCHASED THE RIGHTS TO DO SO OR HAVE MY  EXPRESS PERMISSION.


PLEASE NOTE: IF YOU SHARE MY IMAGES ON SOCIAL MEDIA AND HAVE NOT PURCHASED ANY OF THE IMAGES INVOLVED, I RESERVE THE RIGHT TO FORWARD AN INVOICE FOR THE MONETARY VALUE OF ALL IMPLICATED FILES


NO REMOVAL OF WATERMARK OR ALTERATION OF IMAGES IN ANY WAY.

All images ©E J Lazenby 2017. 

Mount Pleasant, Cawthorne Lane, Kexborough. Barnsley. South Yorkshire. S75 5DY.


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