Photo's: Terms and Conditions

Digital Downloads Terms and Conditions

Last revised: 2nd August 2022

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ORDERING DIGITAL DOWNLOAD PHOTOS.

This is the agreement between you and ESSA for the use of the supplied digital files. By purchasing, downloading, accessing or using the supplied digital files, you agree to the terms below on behalf of yourself or any entity you represent. If you do not agree with all the provisions of these terms of use, do not purchase, download, access or use the digital files (resources) provided by ESSA

You will be assumed to have obtained permission from the owners of any desktop computer, mobile telephone or handheld devices that are controlled, but not owned, by you to download a copy of the digital photo onto the device. You accept responsibility in accordance with the terms and conditions for the use of the resources on or in relation to any device, whether or not it is owned by you.

Grant and scope

ESSA grants you a non-transferable, non-exclusive license to use the files for your private purposes only. The download link you have been provided with is for your personal use and will not be shared with anyone 

This agreement allows you to print the digital files for personal, non-commercial use only. You understand that you may access or download the resources for your private purposes only onto an unlimited number of devices owned or controlled by you, and to view, use and display on the devices for your personal use only. You will not redistribute or make available resources downloaded

Should a Commercial use License be required, contact ESSA.

Acceptable Use Policy

Resources are for the single and sole use of the person downloading them, or their close family, and any replication or sharing of resources (without written permission of ESSA) will result in action being taken to protect these rights

ESSA does not allow volume printing arrangements of resources

You can make copies of the resources as is reasonably necessary for its lawful use

You may not sell, share, distribute, rent, lease, loan or transfer the supplied digital files. You may not include the resources on publicly visible social media, school or other websites or similar electronic means.

Ownership and Copyright

You acknowledge that the Photographer, or ESSA on their behalf, owns and retains the copyright of the resources,

Disclaimer

ESSA has no liability whatsoever for any data loss or corruption or any damaged caused to systems, printers, data storage devices, computers or health caused by the resources. You agrees that you have sole responsibility for protecting your data, system and health during the use of the resources.

ESSA has no obligation to provide support or guidance regarding the use of the Resources. ESSA does not guarantee that the resources are optimized for every software system and printer.

Website Orders

You can contact us by writing to photos@essa-mail.uk. For technical issues with the website please write to webmaster@essa-mail.uk 

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

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

Our contract with you

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

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

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

Our products

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

Your rights to make changes

If you wish to make a change to your order please contact us. 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 product 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.

No changes may be made to any orders once a digital download of the resource has commenced. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract.

Our rights to make changes

We may change the resources to reflect changes in relevant laws and regulatory requirements and to implement minor technical adjustments and improvements. These changes will not affect your use of the resource.

In addition, we may make changes to these terms, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any payments made where download of the resources has not commenced.

Providing the resources

Once payment has been received, we will send you an email with download details. 

You are responsible for ensuring that the contact details you provided are accurate. We will send all email correspondence to the address provided. If acknowledgement of order or payment is not received within a reasonable timeframe, and after checking your spam/junk mail folders, please contact us, wherever possible providing alternative contact details. 

If our supply of the resources 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. 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 resources you have paid for but not received.

Your rights to end the contract

If what you have bought is faulty or misdescribed you may get the resource replaced.

If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any resources which have not been downloaded. The reasons are:

a) We have told you about an upcoming change to the resource or these terms which you do not agree to;

b) We have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;

c) There is a risk that supply of the products may be significantly delayed because of events outside our control;

d) We have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 3 weeks; or

e) You have a legal right to end the contract because of something we have done wrong.

For most products bought online you have a legal right to change your mind within 14 days and receive a refund. You agree to waive these rights if you commence downloading the resources while the cancellation period is still running;

How to end the contract with us (including if you have changed your mind)

To end the contract with us, please let us know by doing one of the following:

email us at photos@essa-mail.uk. Please provide your name, details of the order and, where available, your phone number and email address.

We will refund you the price you paid for the resources that have been paid for but have not been downloaded, by the method you used for payment. 

We will make any refunds due to you as soon as possible, within 14 days of your ending the contract

Our rights to end the contract

We may end the contract for a product at any time by writing to you if:

You do not make any payment to us within a reasonable time of placing your order;

If we end the contract we will refund any money you have paid in advance for resources we have not provided (i.e. that have not been downloaded).

If there is a problem with the product

If you have any questions or complaints about the resource, please contact us. 

Price and payment

The price of the resource will be the price set out in the Order or our acceptance of it. We take all reasonable care to ensure that the price of the resource advised to you is correct. However, it is always possible that, despite our best efforts, some of the resources we sell may be incorrectly priced. Where the resource’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 resource’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. 

We accept payment with most Debit, Visa, Mastercard credit cards through our Paypal payment process, and may also accept direct bank transfer. You must pay for the products before we provide a download link for them. We will charge your credit or debit card at the point of purchase.

If you think an invoice is wrong please contact us promptly to let us know.

Returns

Digital content is not eligible for return.

Our responsibility for loss or damage suffered by you

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products and for defective products under the Consumer Protection Act 1987.

We only supply the resources for domestic and private use. If you use the resources for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

How we may use your personal information

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

We will only give your personal information to third parties where the law either requires us to do so, or it is necessary to complete payment for, or delivery of, the resources.

Other important terms

We may transfer our rights and obligations under these terms to another organisation.

You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

You shall not redistribute, sell, share or make public any purchased digital files without written permission.

This contract is between you and us. No other person shall have any rights to enforce any of its terms.

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.

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.

These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court.