Terms & Conditions

OUR TERMS & CONDITIONS

Both Photofayre and the Licensee/Customer agree that: The License Agreement : –

Preamble:
The full license agreement consists of these Terms and Conditions, the single License you selected, and an invoice issued to you in connection with the agreed transaction referred to below, constituting a binding agreement between you and Photofayre. The License Agreement may only be varied by an instrument in writing signed by both you and us. We may revise the License Agreement published on our website from time-to-time, but such revisions will not affect the terms of any contracts which we have entered into with you.

This License Agreement supersedes all prior agreements and understandings,
written or oral. This License Agreement shall come into effect to the benefit of, and be binding, on the parties, their successors and assigns, unless the license issued to you pursuant to the License Agreement is personal to you and may not be transferred or assigned.

These terms and conditions are the terms and conditions on which Photofayre agrees to sell Photography to customers and license Photography to Licensees. If Photofayre accepts the Licensee’s/Customer’s Order, the Licensee/Customer and Photofayre will be legally bound by these terms and conditions.

PLEASE NOTE IN PARTICULAR CLAUSE 11 WHICH LIMITS PHOTOFAYRE’S LIABILITY TO THE LICENSEE.

1.
Definitions
1.1.
The following terms will have the following meaning in these terms and conditions:

(a) “Artist”
the original creator of the Licensed Work as identified on the Website;

(b) “Licensed Work”, “Artwork”
artwork or photograph produced by the Artist and licensed for resale to Photofayre by the Artist, in such form and format as identified by the Licensee in their Order, which Licensee has licensed from Licensor for use in a production.

(c) “Licensor”, “we”, “us”, “our”, “Photofayre” – Photofayre, a trading name of Sole Trader Adrian Naik [Insert full name and address of business here]

(d) ”Licensee”, “you”, or “your”- You, the Licensee placing an Order via the Website to license the Licensed Work for the purpose specified at the time of Order.

(e) “Customer, “you”, or “your” (where sales of Prints are concerned) – You the customer placing an order via the website for hardcopy prints of the Artwork/Licensed Work.

(f) “Order”
an order placed by the Licensee via the Website or via telephone to Photofayre for the purchase of Photograph;

(g) “Production” – The unique and specific product of the Licensee in which Licensee shall utilise the Licensed Work. For purposes of clarity, any video, pictorial, physical product, or multimedia production shall be considered its own Production. In addition, the Production shall include any video.

(h) “Original”
a signed, unique copy of the Photograph as produced by the relevant Photographer;

(i) “Price”
the price as displayed on the Website for the Photograph to be purchased by the Licensee as indicated in the Licensee’s Order;

(j)“Print”
a high quality print of the Photograph produced by or on behalf of Photofayre;

(k) “Website”
the website accessible via www.photofayre.uk and all other domain names owned and operated by Photofayre linking to the same content.

(l) “Use” – The specific manner in which Licensee may use the Licensed Work(s) under the terms of this Agreement.

(m) “Territory” – The applicable territory of this Agreement, the World and the Universe;

(n) “IPR”
means intellectual property rights including copyright, design right, trade marks, patents and any other similar rights whether registered or unregistered existing anywhere in the world;

2.
Orders
2.1
By submitting an Order, the Licensee will be deemed to accept these terms and conditions and the Licensee will be required to confirm the Licensee’s acceptance of these terms and conditions prior to acceptance of the Licensee’s Order by Photofayre.
2.1.1
The Licensee must submit their Order(s) via the Website in accordance with the instructions set out on the Website, via telephone via the telephone number displayed on the Website or by email to info@photofayre.uk. The Licensee will be responsible for ensuring the completeness and accuracy of their Order(s) and Photofayre will not be liable for the Licensee’s failure to provide complete and accurate information in their Order.

2.2.
No Order will be validly submitted except via the e-commerce ordering process on the Website or related telephone number. Any terms or conditions which the Licensee attempts to add to these terms and conditions Agreement in the course of making an Order will be void.

2.3.
No Order will be deemed to have been accepted by Photofayre until Photofayre notifies the Licensee in writing (which may be by e-mail) of acceptance of the Order and any relevant purchase reference number.

2.4.
Photofayre reserves the right to:
2.4.1.
reject any Order submitted by the Licensee for any reason. Note, in particular, that orders by Licensees outside the United Kingdom (overseas) may be rejected by Photofayre; 2.4.2.
cancel any Order before delivery of the relevant Artwork in the event any payment of the Price for the Artwork fails.

2.5.
Without limitation to the provisions relating to Limitation of Liability in clause 11 below, Photofayre will not be liable or otherwise responsible for any loss or damage caused to the Licensee by cancellation of an order by Photofayre in accordance with clause 2.5 above.

2.6.
Photofayre reserves all rights not expressly granted under this Agreement.

2.7.
Orders by Customers for Prints
2.7.1.
Availability of Artwork
2.7.1.1.
The Original Artwork and Prints displayed as available on the Website are subject to stock and supply availability, and there may be some delay in updating the Website with regard to the availability of Artwork.
2.7.1.2.
The Customer acknowledges and accepts that Photofayre is reliant on its supply chain including Artists whereby they are required for Artwork/Prints to be sent to the Licensee/ Customer. In the event that an Order is placed which Photofayre cannot immediately fulfil as a result of reliance on third party suppliers, Photofayre will inform the Customer as soon as practicable and delivery may be delayed until such time as stock is available.
2.7.1.3.
In the event that an Order for Original Artwork is placed by another customer prior to the Customer’s Order, then the Order will not be processed and the Customer will be informed that the Original Artwork has already been sold, and any Price paid for the relevant Order will be refunded within a reasonable time.

2.8.
Orders by Licensees
2.8.1. Once payment of the appropriate single License fee has been received in full from You for the selected Licensed Work, Photofayre and its Artists grant You, subject to the Terms and Conditions found herein, the nonexclusive right, in perpetuity in the Territory to:

(a) Publish the Licensed Work in the media format specified at the time of purchase; (b) Edit, crop, or enhance the Licensed Work for the specific purpose of
use with Licensee’s Production;
(c) Reproduce and make copies of the Licensed Work with the

Production in any digital media format or physical product;
(d) Broadcast and distribute, and grant third parties the right to broadcast 
 and distribute, the Licensed Work used with the Production;

(e) Publish, display, transmit and communicate the name and likeness of the
Artist of the Licensed Work in connection with the advertising and promotion of Licensee’s Production;

2.8.2.
The license granted is a nonexclusive, nontransferable, single purpose license subject to the terms and conditions listed here.

2.8.3.
Should the Licensee edit, crop or enhance the Licensed Work under the rights granted herein, such edits, crops or enhancements shall not modify the essential character of the Licensed Work, or portion of the Licensed Work, to be used by Licensee in the Production. In addition the edits, crops, and/or enhancements of the Licensed Work shall not be considered to create a new work with its own copyright distinctive from the Licensed Work;

2.8.4.
If the Production is part of a series, a separate license for the Licensed Work will be required for any additional uses in other productions which form part of the series. In addition, the Licensed Work shall not be used on a re-occurring basis at the beginning or ending of any television series, regular radio program webpage or video-game production in such a way that the Licensed Work could be considered to serve as part of that productionʼs theme, unless otherwise agreed.

2.8.5.
This Agreement shall not transfer to you, nor may you assert, any ownership interest whatsoever (including, but not limited to, copyright and trademark) in or to the Licensed Work.

2.8.6. You may not use, or feature, the Licensed Work separately from the use as granted by the single License, and this Agreement.

2.8.7. This Agreement shall terminate immediately, and automatically, upon the Licenseeʼs insolvency, the appointment of a receiver, assignment for the benefit of creditors, or the breach of any of the provisions set out in this Agreement by the Licensee. In the event of any use by you of the Licensed Work after the termination of this Agreement, Photofayre holds the right to obtain an injunction, in addition to any other rights and remedies available, including, without limitation, pursuing an action at law for copyright infringement of the Licensed Work.

2.8.8.
You have Photofayre’s express permission to use or refer to the name(s) of the Artist (s) of the Licensed Work in the credits, and/or in any promotions, advertisements and publicity of the Production.

3.
Artwork and Sales
3.1.
Photofayre sells Artwork via the Website in a range of forms including in Digital form and in Print form (if available) and in a range of contemporary and ornate frames on request or as otherwise displayed on the Website from time to time. The Licensee/Customer must indicate the form and format of Artwork and frame they require, should framing be required

the Licensee/Customer must contact info@photofayre.uk to discuss requirements before they place their Order.

3.2.
In consideration of payment by the Licensee/Customer to Photofayre of the Price for each Order in accordance with clause 4 below plus any cost of packaging and postage as may be set out on the Website from time to time, Photofayre agrees to deliver the relevant Artwork to the Licensee/Customer in the relevant form (Original, if available, or Print) and in such format (boxed canvass or framed) in accordance with the Licensee/Customer’s Order.

3.3.
Photofayre has licence arrangements with the Artists whose Artwork is sold via the Website. In the event that any such licence is terminated for any reason, Photofayre will be entitled to cancel any outstanding Order prior to delivery in the event that the terms of the licence with the relevant Artist will not allow Photofayre to fulfil the Order. In such circumstances, the Licensee/Customer will be provided with a full refund of the Price for that Artwork.

3.4.
The Licensee/Customer agrees and accepts that:
3.4.1.
Photofayre provides the Artwork, whether purchased as a Digital download or as a Print, without any warranty and Photofayre will have no responsibility for the content of the Artwork ordered by the Licensee/Customer via the Website;
3.4.2.
Photofayre is not responsible for reviewing or editing any of the content of the Artwork or any other information contained in or relating to the Artwork and the Licensee/Customer acknowledges and accepts that the Artwork is provided to Photofayre on the basis that Photofayre will not exercise any control or judgment of the content of the Artwork;
3.4.3.
accordingly, the Artwork is provided to the Licensee/Customer “as is” and “as available” the Licensee/Customer must, accordingly judge the suitability of the Artwork for the purpose intended and the Licensee/Customer purchases the Artwork at the Licensee/ Customer’s own risk;
3.4.4.
reasonable variations in colour, size and appearance between the Artwork as displayed on the Website and the Artwork actually delivered to the Licensee/Customer and Photofayre will not be liable for any such minor variations.

4.
Prices and Payment
4.1.
Photofayre sells Artwork via the Website in a range of forms including in Digital form and in Print form (if available) and in a range of contemporary and ornate frames on request, or as otherwise displayed on the Website from time to time. The Licensee/Customer must indicate the form and format of Artwork and frame they require together with any specifications relating to the frame in their Order.
4.2.
The Licensee/Customer will pay the Price together with delivery costs for each Order on submitting their Order. Payment must be made:

4.2.1.
online via the secure online e-commerce payment system on the Website utilising PayPal. The secure online e-commerce payment system service on the Website will be operated by PayPal. This secure online e-commerce payment system service may be changed from time to time by PayPal without prior notice;
4.2.2.
such other payment methods as noted on the Website (which include payment by cheque, bankers draft or postal order), except that any payments made by Licensees/Customers outside of the United Kingdom (overseas) must be processed via the secure online e- commerce payment system on the Website mentioned above and all such payments will be exchanged into pounds sterling at the exchange rate of Barclays Bank Plc on the date of payment.

4.3.
Delivery costs will be calculated by Photofayre on the basis of the standard charges charged by carriers used by Photofayre which may vary from time to time and will vary according to the country of destination and weight of the Artwork. This cost will be confirmed to the Customer by Photofayre prior to submitting their Order and the Customer agrees to pay such delivery costs to Photofayre in addition to the Price. Notwithstanding this, under usual circumstances the cost of delivery of each Order in the United Kingdom will be £10, except in the event that the Order contains over-sized items of Artwork where the cost will be £20.

4.4.
Photofayre will provide the Licensee/Customer with a receipted invoice for all payments made to Photofayre for Orders. Further details regarding payment methods are set out on the Website or can otherwise be obtained by contacting Photofayre.

4.5.
No Order will be processed or accepted by Photofayre and no Artwork will be delivered to the Licensee/Customer unless and until the relevant Price for that Order has been received by Photofayre in cleared funds from the Licensee/Customer.

4.6.
Photofayre’s standard Prices for Artwork are subject to change from time to time by Photofayre and any such change will be notified by amending the relevant Prices displayed on the Website. Any increase in the Prices for Artwork will only apply to an Order placed after the date of the increase, and will not apply retrospectively.

5.
Data Protection
The Licensee/Customer agrees to the reasonable processing of personal data (as defined in the Data Protection Act 1998) by Photofayre for the purposes of processing the Licensee/Customer’s Orders and delivering the Artwork to the Licensee. In processing personal data, Photofayre will comply with all relevant legislation, including but not limited to the Data Protection Act 1998.

6.
Restrictions and Use of the Internet
6.1.
The Licensee/Customer acknowledges and accepts that:

6.1.1.
Photofayre has no control over the Internet which is a worldwide network of computer systems. Access to the Website, Order processing system and secure online e-commerce payment system on the Website will not be error free or uninterrupted and may be variable; and
6.1.2.
information and other material accessible over the Internet via the Website including the digital content on the Website may contain viruses, worms, Trojan horses, cancel bots, or other harmful and destructive elements. Photofayre will not be liable for any direct, indirect, incidental or other loss or damages which result or may result from the Licensee/ Customer’s access to or use of the Internet or the Website.

6.2.
The Website is maintained by Photofayre’s web hosting service provider. Every effort is made to ensure the continuity of the Website, but some occasional technical downtime beyond Photofayre’s control and/or the control of Photofayre’s hosting service provider may occur. Such downtime may prevent the Website or its content being available for the duration of the downtime and may result in errors occurring in the posting of Orders via the Website. Photofayre will not be liable for such delays nor errors resulting from any cause beyond Photofayre’s control and/or that of Photofayre’s web hosting provider including hosting server downtime.

6.3. Updates
6.3.1. We aim to update our site regularly, and may change the content at any time. If 
 the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

6.4. Downloads
6.4.1. The advertising of downloads on our website constitutes an “invitation to treat”;
and your Order for downloads constitutes a contractual offer. The Agreement will not come into force between you and us unless and until we accept your order in accordance with the procedure detailed above/on the website.

7.
Cancellation
7.1.
Subject to these terms and conditions, the Licensee/Customer may cancel any Order by e- mail to Photofayre at info@photofayre.uk quoting “Order Cancellation” in the subject heading and the relevant Order reference number in the body of the e-mail. Cancellation of an Order may only be made in accordance with clause 7.2 below.
7.2.
In accordance with the Consumer Protection (Distance Selling) Regulations 2000, the Licensee/Customer is granted a cancellation period of seven (7) days from the date of submission of the Order, unless a Digital copy has already been downloaded by the Licensee. The following will, therefore, apply to any cancellation received by Photofayre:

7.2.1.

in the event that the Customer cancels its Order within the abovementioned seven (7) day period, on return by the Customer of the Artwork if already despatched, the Customer will be granted a full refund of the relevant Price;.
7.2.2.

in the event that the Customer cancels its Order after the end of the abovementioned seven (7) day period, the relevant Price paid to Photofayre by the Customer will be non- refundable, subject to clause 9.

7.3.
The terms of this clause 7 regarding cancellation of Orders are without prejudice to Photofayre’s Returns Policy set out in clause 9 below.

8.
Delivery of Artwork to Customers
8.1.
On receipt of payment of the Price from the Customer by Photofayre for an Order, Photofayre will arrange for delivery of the relevant Artwork to the Customer to the address stated by the Licensee in the Order. Delivery to P.O. Boxes will not be made.
8.2.
Delivery will only be possible to the following countries and Photofayre will not process Orders which request delivery to any other country:

8.2.1.
United States of America;
8.2.2.
the following European Union countries: Austria, Belgium, Cyprus, Czech Republic, Denmark, Eire, Finland, France, Germany, Greece, Italy, Luxembourg, Malta, The Netherlands, Poland, Portugal, Spain, Sweden and United Kingdom;
8.2.3.
the following other countries: Argentina, Australia, Bahamas, Bahrain, Barbados, Brazil, Canada, Canary Islands, Channel Islands, Chile, Gibraltar, Hong Kong, Iceland, India, Japan, Jordan, South Korea, Kuwait, Liechtenstein, Malta, Mexico, Monaco, New Zealand, Norway, Oman, Saudi Arabia, Singapore, South Africa, Switzerland, Taiwan, Thailand, Turkey, United Arab Emirates and Venezuela.

8.3.
Subject to Photofayre’s Returns Policy set out in clause 9 below, and unless otherwise agreed in writing by Photofayre, title and risk in all Artwork delivered by Photofayre to the Customer pursuant to an Order will take place once the Artwork is despatched for delivery by Photofayre.
8.4.
Any timescales or dates indicated for delivery of Artwork are for guidance only and time for delivery will not be of the essence in this Agreement. If no timescales or dates are so indicated, delivery will be made by Photofayre within a reasonable time. Notwithstanding this, under usual circumstances Artwork for delivery in the United Kingdom should be despatched within 28 working days from the date of the Order. If there is a more urgent requirement by the Customer, the Customer must contact Photofayre in advance of placing the order.
8.5.
Any liability of Photofayre for non-delivery of the Artwork will be limited to replacing the Artwork within a reasonable time (except in the case of Original Artwork where no replacement is possible) or issuing a refund of the Price paid to the Customer. Reasonable evidence of non-delivery will be required by Photofayre and Photofayre will not be liable for more than one replacement of undelivered Artwork.

8.6.
Without limitation to the provisions relating to Limitation of Liability in clause 11 below, Photofayre will not be liable or otherwise responsible for any loss or damage caused by late or delayed delivery of the Artwork to the Customer.

9.
Returns Policy
9.1.
In the event that any Artwork delivered to you pursuant to your Order is damaged or of a quality or specifications which are reasonably less than that represented on the Website or requested in the Order, the Customer may return the Artwork to Photofayre within 14 days of the date of delivery of the Artwork and, subject to clause 9.2 below, Photofayre will, at the Customer’s preference, either:

9.1.1.
provide a replacement copy of the Artwork to the Customer; or
9.1.2.
provide the Customer with a full refund of the Price and reasonable delivery costs within a reasonable time which under usual circumstances should be no more than 28 days.

9.2.
Photofayre’s Returns Policy set out in clause 9.1 above is subject to the following terms:

9.2.1.
any Original Artwork delivered to the Customer by Photofayre will be non-replaceable, and in the event of return of an Original piece of Artwork by the Customer in accordance with clause 9.1 above, only a refund of the Price to the Customer will be available under Photofayre’s Returns Policy;
9.2.2.
in no circumstances will returned Artwork will be replaced by different Artwork from that originally requested in the Order. A new Order will be required for different Artwork;
9.2.3.
undamaged Artwork or Artwork of a satisfactory quality will be non-returnable under Photofayre’s Returns Policy;
9.2.4.
all returns of Artwork must be made in accordance with clause 9.3 below.

9.3.
In order to return any Artwork pursuant to Photofayre’s Returns Policy set out in clause 9.1 above, the Customer must complete the following procedure:

9.3.1.
the Customer must contact Photofayre via info@photofayre.uk, quoting “Returns” in the subject field, and include in the body of the message the reference number of the Order, details of the reasons for return and whether replacement (if available) or refund is required;
9.3.2.
in response to receipt of a completed Photofayre returns form from the Customer via the Website, Photofayre will provide full written details of where the Customer should deliver the returned Artwork;

9.3.3.
on receipt of the Customer’s returned Artwork at the address indicated, Photofayre will replace the Artwork or refund the Price in accordance with the relevant Photofayre returns procedure.

10.
IPR (Intellectual Property Rights)
10.1.
All IPR in the Artwork sold by Photofayre pursuant to an Order under these terms and conditions are and will remain the property of the relevant Artist(s) as properly licensed to Photofayre, and nothing in these terms and conditions will in any circumstances assign, sell or otherwise transfer the IPR in the Artwork to the Licensee/Customer or any other person. Furthermore, the Licensee/Customer is not granted any licence of the IPR in the Artwork by virtue of these terms and conditions. All IPR of the relevant Artist are hereby asserted and reserved.

10.2.
Accordingly, Artwork is sold by Photofayre to Customers for non-commercial use by the Licensee only and reproductions of the Artwork may not be made or re-sold without the express permission of the relevant Artist.

10.3.
The Licensee/Customer will be responsible for the Licensee/Customer’s use of the Artwork and the Licensee/Customer acknowledges and accepts that Photofayre does not make any representation or warranty about the Artwork whether express or implied. For the avoidance of doubt, Photofayre does not warrant that the Artwork will not contain or include any content that is likely to infringe the IPR of any third party.

10.4.
Subject to clause 11 below, Photofayre will not be liable to the Licensee/Customer damages, costs and losses incurred by the Licensee arising out of any claim made against the Licensee/Customer for infringement of any IPR of any third party caused by the Artwork or the Licensee/Customer’s use of the Artwork.

10.5.
Photofayre and associated brand features are trade names or trade marks of Naik Media, the use of which is expressly forbidden by the Licensee/Customer or any other person without the express permission of Photofayre.

10.6
DigitalProtection
10.6.1
If the selected License permits you to use the Licensed Work in
your Production on the World Wide Web, or any other online or interactive
device or distributed media, you must deploy your best efforts to ensure that users may not capture, copy, or download the Licensed Work, be it in isolation, or in conjunction with the Production.

11.
Limitation of Liability 11.1.

The Licensee/Customer acknowledges and accepts that the following terms reflect a fair allocation of risk between the parties. These terms and conditions set out Photofayre’s entire liability to the Licensee/Customer and all other liability of Photofayre to the Licensee/ Customer is hereby excluded, subject that nothing will exclude or restrict Photofayre’s liability for fraudulent misrepresentation and/or for death or personal injury to the extent that such injury results from Photofayre’s negligence.

11.2.
Subject to clause 11.1 above, the Licensee/Customer agrees that Photofayre’s total liability under these terms and conditions will not exceed the Price actually paid by the Licensee/ Customer to Photofayre relating to the relevant Order giving rise to the alleged claim or the sum of £500 whichever is the lower, including where such liability arises out of Photofayre’s negligence.

11.3.
In no event will Photofayre be liable to the Licensee/Customer whether in contract, tort, by statute or otherwise for any special, indirect or consequential loss or damage arising out of or in connection with the sale of the Artwork to the Licensee/Customer, including without limitation: loss of business and/or goods, loss of goodwill, loss of profits, loss and/or corruption of data and/or damages awarded against the Licensee/Customer as a result of legal proceedings by any third party in relation to the Artwork, including any claim that the Artwork infringes the IPR of any third party. For the avoidance of doubt, neither the types of loss and/or damage specified above nor any similar types of loss and/or damage will constitute direct loss for the purposes of this Agreement.

11.4.
Photofayre will not be liable to the Licensee/Customer for any acts, omissions or failures of third party sub-contractors used by Photofayre in delivering Artwork to the Licensee/ Customer pursuant to Orders placed by the Licensee/Customer under these Terms and Conditions, including but not limited to intermediary suppliers of Artwork, service providers for the delivery of Artwork and service providers of the secure online e-commerce payment system on the Website.

11.5.
Nothing in these Terms and Conditions will limit your statutory rights as a consumer.

12.
Warranties
12.1.
The Licensee/Customer warrants and undertakes that:

12.1.1.
it has the power and authority to enter into this contract with Photofayre;
12.1.2.
it will not use the Website or Artwork for any unlawful purpose or which gives rise to civil or criminal liability;
12.1.3.
it will not use the Website or Artwork in conjunction with any abusive, illegal, pornographic, defamatory, libellous, untrue, discriminatory, obscene, inflammatory or racist material or in any way which will or is likely to bring the relevant Artist or Photofayre into disrepute; 12.1.4.
it will not use the Website or Artwork to infringe the IPR of any third party.

12.2.
Notwithstanding the above, the Licensee/Customer warrants that the Licensee/Customer will be truthful and honest in its use of the Website and make purchases of Artwork in a responsible and reasonable manner and only as envisaged by these terms and conditions.

12.3.
Any breach of these warranties will entitle Photofayre to cancel any Order at Photofayre’s discretion and Photofayre may at its discretion cancel all or any other Orders made by the Licensee/Customer and terminate this agreement without notice.
12.4.
Photofayre gives no warranties with regard to the Artwork or with regard to the content of the Website and to the maximum extent permitted by law, Photofayre excludes liability for all representations, warranties, conditions and other terms which but for this notice would have effect or be implied.
12.5.
The Licensee/Customer will indemnify and hold harmless Photofayre in full and defend at its own expense Photofayre against all claims, liabilities, costs and losses whatsoever and howsoever incurred by Photofayre arising out of any claim made against Photofayre as a result of the breach by the Licensee/Customer of the above warranties.

13.
Termination
13.1.
Photofayre may terminate this Agreement at any time for any reason on notice in writing (which may be by e-mail) to the Licensee/Customer in the event of any breach by the Licensee/Customer of the provisions of these Terms and Conditions.
13.2.
On termination, any outstanding Order of the Licensee will be immediately cancelled. Except as otherwise provided in these terms and conditions, the Price paid to Photofayre for the relevant Order will be refunded on termination, unless the relevant Artwork in question has been despatched to the Licensee/Customer prior to termination in which case the relevant Price will not be refunded.

14.
Notices
14.1.
Any notice required or permitted under these terms and conditions will be in writing (which may be by e-mail) and will be deemed to have been properly given:

14.1.1.
48 hours after being posted by first class mail (by airmail if sent internationally) with postage prepaid to the address set out on the Submission or other address notified for the purpose; or
14.1.2.
at close of business on the day of effective transmission if sent by e-mail to an e-mail address notified for that purpose.

15.
Force Majeure
Photofayre will not be liable for failure to meet its obligations under these terms and conditions if Photofayre or its contractors are prevented from or delayed in doing so due to circumstances beyond Photofayre’s reasonable control including, without limitation, acts of

God, governmental actions, war, acts of terrorism, fire, explosion, flood, strikes or other labour disputes, or restraints or delays affecting carriers or inability or delay in obtaining supplies.

16.
General
16.1.
No provision of these Terms and Conditions will be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not party to it.
16.2.
Photofayre may assign its rights or obligations under these Terms and Conditions at anytime. The Licensee/Customer may not assign its rights or obligations under these terms and conditions without Photofayre’s prior written consent.

17.
Governing Law
These terms and conditions will be governed by English law and the parties hereby submit to the exclusive jurisdiction of the English courts.

Delivery
By the very nature of the pieces we sell they all vary in size, weight and materials. The delivery we choose to use is dependent on the artwork you buy. Some pieces will use courier others recorded delivery. We will always aim to get the artwork to you in the condition it left us in and use the most appropriate delivery option relevant to your order. Orders will be with you within 28 working days from date of order, more often than not it will be much quicker than this but sometimes we need to send the artwork direct to the artist for signing before they return this to us to send on to you. This can take time given the national and international status of our artists so please bear this in mind when ordering. If you have any questions or an urgent order please contact us directly on info@photofayre.uk and we will see what we can do to help.

We are sure you will love your new artwork however we offer a full 7 day refund or exchange for all purchases. For full details please see our Terms and Conditions above.

Returns & Exchanges
Photofayre Art Returns & Exchange Policy please see above.