Terms & Conditions
These Terms and Conditions will apply to the purchase of the services and goods by the client.
Mooncast Photo & Video of 12 Unicorn Street, Eccles Manchester, M30 7DW with email address email@example.com; telephone number (07943656892); (the Supplier or us or we).
These are the terms on which we sell all Services to you. By ordering any of the Services, you agree to be bound by these Terms and Conditions.
The photographer is the only authorised photographer for the day. Other professional photographers are not permitted whether official or otherwise, working for pay or otherwise (e.g. separately employed by parents), unless agreed in writing before the day. Breach of this condition shall be deemed cancellation of the contract by the clients.
Client means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
Contract means the legally-binding agreement between you and us for the supply of the Services;
Delivery Location means the Supplier’s premises or other location where the Services are to be supplied, as set out in the Order;
Goods means any goods that we supply to you with the Services, of the number and description as set out in the Order;
Order means the Customer’s order for the Services from the Supplier as set out in the Customer’s order or in the Customer’s written acceptance of the Supplier’s quotation;
Services means the services, including any Goods, of the number and description set out in the Order.
The Copyright Designs and Patents Acts 1998 assigns the copyright of the images to the photographer(s). “The Client” may reproduce, copy and distribute the photographs for personal use only.
The client is not authorised to copy and pass any photographs or derived products to any third party person or organisation for commercial use without first getting permission in writing from the copyright owner (Mooncast Photo & Video). This includes any other vendors booked by the client for his or her wedding.
The description of the photography or videography services is as set out in our website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in size or colour of any photographs supplied.
In the case of photography or videography services are made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
All Services are subject to availability, we are working on “1st come first served” basis.
We can make changes to the photography services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
The client, allow the photographer to display any photograph covered by this contract and to promote the business in advertising, brochures, magazine articles, websites, sample albums and prints, and other such material, providing that the images used are used lawfully and without damage to the client.
You must co-operate with us in all matters relating to the photography and film services, provide us with access to any premises under your control as required, provide us with all information required to perform the photography and videography services and obtain any necessary licences and consents.
Failure to comply with the above is a Client fault which entitles us to suspend performance of the photography services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.
License, Coverage and Reproduction
The Photographer(s) shall be granted artistic license in relation to the poses photographed and the locations used. The photographer(s) judgment regarding the location, poses and number of photographs taken shall be deemed correct.
Photographs taken during the course of the event will be at the discretion of the photographer(s) although every effort will be made to comply with The Client(s) requirements.
The photographer(s) shall endeavour to photograph all individuals as requested by the client(s) at some point, but no responsibility will be taken by the photographer(s) on the occasion of leaving somebody out.
For a booking involving a church ceremony or at certain venues, the photographer(s) movements are sometimes restricted by the official in charge. The area from which the photographer(s) is able to cover the ceremony may not be the photographer(s) choice and the photographer(s) cannot accept responsibility for any obstructed view should this be the case. The use of artificial lighting may be restricted or prohibited. The photographing of parts or even all of the ceremony may be restricted or prohibited. Client(s) are strongly advised to check with the appropriate official.
For a wedding or other event booking the photographer(s) shall endeavour to capture all the moments throughout the day as they occur. However, because of the fluid nature of the event, some moments might not be recorded, or not recorded for logistical reasons.
Please note that any alterations made to the booking by the client(s) once details have been confirmed may only be made at the discretion of the photographer(s) and in some circumstances (such as the change of ceremony date for a wedding) the photographer(s) may be unable to accommodate these alterations due to a conflict of commitments. Under these circumstances the photographer(s) are not liable to compensate the client(s) in any way whatsoever.
It is understood that all photographic printing is undertaken within the technical limitations of the process and that colour may not be identical over the whole range of colours within a subject. It is also understood that prints made at different times or in different sizes may be variable in colour balance.
Due to the limitations of computer monitors it is understood that (1) images appear differently according to the specification of each monitor (2) prints will not match images rendered on any particular computer monitor. The monitors used by the photographer (s) for final image editing are all colour profiled and checked weekly for accuracy of colour. Clients should be aware that certain lighting conditions and materials will cause colour to be recorded differently. Where possible we will attempt digital correction of this.
All print and presentation sizes quoted are approximate and subject to the discretion of the photographer(s).
Although all equipment is checked regularly and backup equipment is available, the photographer(s) will not be responsible for photographs that are not produced due to technical failure, either at the shooting or processing stage.
Where images are made available for use with a personal computer the default operating system shall be Windows. Products may not function on other or earlier operating systems.
Fees and Payment
The fees for the Photography and Videography Services and albums, the price of any Goods (if not included in the Fees) and any additional delivery or other charges is that set out in our price list current at the date of the Order or such other price as we may agree in writing. Prices for Photography and Videography Services may be calculated on a fixed fee or on a standard rate basis.
The deposit amount is £200 and will be deducted from your total Package price. The deposit is non-refundable.
You will be sent an invoice no later than 5 weeks prior to your wedding date for the outstanding balance (were applicable). It is the client’s responsibility to ensure payment for any outstanding balance is made in full, not later than 4 (four) weeks prior to the wedding date.
A discount of 5% on the total balance is available if payment in full is made within 1 week of the booking being confirmed.
We will deliver the Services, including any Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement:
- in the case of Services, within a reasonable time; and
- in the case of Goods, without undue delay and, in any event, not more than 30 calendar days from the day on which the Contract is entered into.
Services will be delivered as below:
|Online gallery||14 – 28 days|
|Films||4 – 8 weeks|
|Prints||14 – 28 days after approved by yourself|
|Canvas||14 – 28 days after approved by yourself|
|Album draft||14 days after you chose your photos|
|Wedding album changes||2 weeks per round of changes|
|Wedding Albums||6-10 weeks after approved by yourself|
During summer wedding season please allow 1 week extra for busy periods; although we will attempt to meet the 4 weeks maximum for delivery of your wedding photographs.
The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
Withdrawal and cancellation
You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
You can cancel the Contract except for any Goods which are made to your special requirements by telling us no later than 14 calendar days from the day the Contract was entered into. Then we must without delay refund to you the price for those Goods and Services which have been paid for in advance.
All clients have the option to cancel within 14 days from the date of booking, 100% of the booking fee will be refunded in this case.
- Less than 28 working days prior to the wedding date – full amount needs to be paid.
All notice to cancel must be confirmed as soon as possible in writing at firstname.lastname@example.org.
The Client may change the date booked earlier, if somebody else has not booked it already. No additional charges apply and written consent is required. The photographer cannot take responsibility in the event when the new date is booked or other responsibilities need to be carrying out on this date. No refunds will be given.
The Contract continues as long as it takes us to perform the Services.
Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
For the purposes of these Terms and Conditions:
- ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.
- ‘GDPR’ means the General Data Protection Regulation (EU) 2016/679.
- ‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.
We are a Data Controller of the Personal Data we Process in providing the Services and Goods to you.
Where you supply Personal Data to us so we can provide Services and Goods to you, and we Process that Personal Data in the course of providing the Services and Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
- before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
- we will only Process Personal Data for the purposes identified;
- we will respect your rights in relation to your Personal Data; and
- we will implement technical and organisational measures to ensure your Personal Data is secure.
For any enquiries or complaints regarding data privacy, you can e-mail: email@example.com.
We do not exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to your business, trade, craft or profession which would not be suffered by a Consumer – because we believe you are not buying the Services and Goods wholly or mainly for your business, trade, craft or profession.
Governing law, jurisdiction and complaints
The Contract (including any non-contractual matters) is governed by the law of England and Wales.
Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of Scotland or Northern Ireland respectively.
We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 48 hour.
The website Terms and Conditions can be changes without any notice.