1. About these Terms and Conditions
This website www.watermillstudio.co.uk and services provided by Watermill Studio are made available subject to complying with our Terms and Conditions set out below.
The Terms and Conditions should be read in conjunction with our Privacy and Cookies Policy: www.watermillstudio.co.uk/privacy-and-cookie-policy
These counterparts together form our terms and conditions and use of the Website constitutes an agreement by the user to be bound by these terms. If you do not wish to be bound by these Terms and Conditions you are advised not to use the website.
2. About Us
Watermill Studio provides packshots and ecommerce photography to brands, designers, wholesalers, shop owners and online retailers. We can be contacted directly by email to contact@watermillstudio.co.uk
3. General Terms
If you are entering into this agreement on behalf of a company or other legal entity or person, your continued use represents to us that you have the authority to bind such entity or person to these Terms and Conditions.
The information and services available on the Website are provided for the purpose of enabling Users to order photographic services as packaged by Watermill Studio.
4. Interpretation
Unless the context otherwise requires, references to the singular include the plural and references to the masculine include the feminine, and vice versa.
The headings contained in these Terms and Conditions are for convenience only and do not affect their interpretation.
References to any statute or statutory provision shall, unless the context otherwise requires, be construed as a reference to that statute or provision as from time to time amended, consolidated, modified, extended, re-enacted or replaced.
5. Definitions
In these Terms and Conditions, the following meanings shall apply:
“Client” refers to any user, an individual, or company, that places an order with Watermill Studio.
“ecommerce photography” products shot on a white background unless otherwise requested.
“packshot” Photographs that are taken, cut-out and placed on a white (or other background) for ecommerce websites
“We” “Our” or “Us’ refers to Watermill Studio
“Website” refers to our website, www.watermillstudio.co.uk and also the use of any apps, mobile or tablet platforms and any services provided by us.
6. Use of the Service
a. Watermill Studio retains the right at its sole discretion to deny access to all or parts of the website.
b. Placing an order
By placing an order, clients agree to our Terms and Conditions and will be legally bound by these. Clients will receive an email confirmation of an order placed. The contract between Watermill Studio and the client will be in force upon acceptance of the order and payment has cleared. Watermill Studio retains the right to accept or refuse orders at our sole discretion. Clients will be informed of any orders which are refused or are unable to be fulfilled.
c. Packages
Flat and Packshot packages include cleaning of items, photo shoot and retouch. Return delivery of items at clients expense.
d. Collection
All items must be suitably packaged for dispatch. We shall not be liable for any damage or delays to orders being processed or the consequences of late delivery.
The client is responsible for arranging a 3rd party courier to deliver to our address at Suite 14, Dennis House, 4 Hawley Rd, Hinckley, LE10 0PR.
Clients should contact us at contact@watermillstudio.co.uk to notify us of any arranged deliveries.
e. Shooting your photos
Your product will be cleaned then positioned and lit it to make it look its best. If you require any specific angles simply shoot your products with your phone from the angles you want, send these in an email to us with a couple of bullet points.
All editing of the image to clean up any dust or small scratches that show up on the image and retouch work is included in the price. We will do our best to colour match products during quality control. We reserve the right to charge extra for major changes in post production i.e. straightening of labels.
For shoots of more than 100 items please email contact@watermillstudio.co.uk
f. Images
Images will be delivered in either Hi-resolution and Low-resolution web JPGs selected from the proof pages provided. Clients should contact us in advance if other or multiple formats are required.
For alternative shots, advise Watermill Studio by email, when placing an order.
Items can be named based on a barcode at an additional fee.
Watermill Studio retains the copyright to images produced by us, however, clients have full use of the images, including print. Images are for the client’s use only on their own branded website or social media pages. Clients must contact Watermill Studio for rights to other usage such as outdoor advertising, publishing, selling the photographs or using the images for commercial gain including but not limited to marketing and promotion. Images cannot be given to any third party under any circumstances.
Raw Images will not be provided as they may not be to my standards or represent my style.
j. Approval of images
Clients are required to give approval/sign-off for images before delivery. Clients will be notified when images are available to download via Dropbox online. Images will be available to download for 1 week only. It is the responsibility of the client to download and securely store the images once downloaded. Watermill Studio reserve the right to charge a fee to re send the images.
Watermill Studio will endeavour to meet a client’s requirements and should the client not be satisfied with the images, they must notify Watermill Studio within 48 hours. Images may be revised or reshot as agreed with us, providing the items are still held at our studio. All revisions will be at the discretion of Watermill Studio and the final post production and editing styles, effects, and overall look of the images are solely at our discretion.
Watermill Studio do not accept any responsibility for late delivery of images to the client, or any subsequent costs incurred by the client, due to late delivery of images, or inability to open images.
Once the client has approved images, Watermill Studio shall not be responsible for any subsequent defective claims by the client.
j. Delivery and return of items
We aim to complete an order, shooting and retouching items, within 3 to 5 working days from receipt of items, depending on the number of items.
Once we have completed the work we will contact you with a low resolution proof page for your approval and confirm details for delivery of the items and images.
k. Insurance
We do not provide insurance cover for any items whilst in our possession at our studio. Clients are solely responsible for ensuring that they have adequate insurance cover for all items provided to us for photographing.
Clients acknowledge that whilst items are in transit to or from our studio, the third party delivery company or courier will be responsible for the items. Clients are responsible for ensuring that appropriate and adequate insurance is in place. Watermill Studio does not accept any responsibility for items lost in transit.
7. Payment
Clients are required to pay 50% in advance access to the services will not be available until payment has been accepted by Watermill Studio and funds have cleared.
The remaining fee will be paid in full before the finished Photographs will be released to the client.
Payments can be made online through PayPal, who will take payment via a secure server (SSL) connection that protects a user’s payment details. We do not have access to the payment details for a transaction carried out via the website.
Watermill Studio reserves the right to revise our prices and to notify you of any pricing changes by email. All charges will be subject to the relevant taxes being applied at the time of purchase.
Clients can access the website and see the details of the business without charge. We reserve the right to change this provision for business reasons at any time.
8. Termination
We reserve the right to limit or prevent access to the Watermill Studio website on a temporary or permanent basis for any user, if there is a breach of our Terms and Conditions. If any user consistently breaches these Terms and Conditions, we may at our sole discretion terminate your agreement for services and block or limit access to the website.
9. Cancellation
Packages provided by Watermill Studio are specific to each client and consequently the 14-day statutory cancellation period does not apply. No refunds will be made once delivery of a service for a client has commenced.
If you suspect or know that your account or bank account has been used fraudulently you must notify us immediately.
10. Limitation of Website Use
You may only use this website for lawful purposes when purchasing photography services from Us as available on the Website and in accordance with these Terms and Conditions.
Watermill Studio reserves the right to cancel or suspend any agreement for services on the Website at any time at their sole discretion.
11. Data Protection
Under the Data Protection Act (DPA) 1998 (and from 25 May 2018, the General Data Protection Regulation), data subjects have the right to access any data personal data kept by us through a Subject Access Request (SAR).
As permitted under the data protection legislation we store a user’s personal data only for as long as necessary and for legitimate purposes. We are not responsible for its accuracy or ensuring that it is up-to-date.
We do not pass your information to any third parties. Data is not used or sold outside of the agreed terms and conditions.
We retain the right to respond to legal requests as necessary.
12. Intellectual Property
Watermill Studio reserves the right to all intellectual property in relation to this website and the services provided. Use of the services does not give the user any ownership in the services, its content or any trademark or logo used on the website by Watermill Studio.
Photos and images produced by us remain our intellectual property at all times and Clients are given a licence to use such only in accordance with these terms and conditions.. The licence to use images may be withdraw by Watermill Studio at any time if there is reason to belief that our intellectual property has been compromised by the Client.
Any information or material provided to us is on the basis of a non-exclusive, irrevocable, perpetual and royalty free licence to use such information and material in relation to the services we provide under our Terms and Conditions.
13. Changes to Terms and Conditions
These terms and conditions may be modified from time to time and you are advised to check this page to see that you are reading the most up-to-date Terms and Conditions.
By accepting our Privacy and Cookies Policy and Terms and Conditions, you consent to our collection, storage, use and disclosure of your personal information as described in our Privacy Policy www.watermillstudio.co.uk/privacy-and-cookie-policy.
If you have any questions regarding this Policy or any issue regarding our approach to privacy, you should contact us by email to contact@watermillstudio.co.uk.
14. Disclaimer
Watermill Studio takes all reasonable care in the services provided under this agreement, but shall not be liable for any loss or damage suffered by the client or by any third party arising from use or reproduction of any of its images.
To the full extent permissible by law Watermill Studio disclaims all responsibility for damage or loss howsoever arising including but not limited to loss of projects, loss of profits, loss of data or consequential or indirect losses arising in contract, tort or otherwise from the use of or inability to use the website and/or any information or materials on www.watermillstudio.co.uk.
Nothing in these Terms and Conditions shall exclude or restrict our liability for death or personal injury caused by our negligence, for fraudulent misrepresentation and/or any other liability which shall not be excluded or limited by law.
15. No Waiver
No failure or delay by Watermill Studio in exercising any of its rights shall be deemed to be a waiver of that right, and no waiver of a breach of any provision of the Terms and Conditions shall be deemed to be a waiver of any subsequent breach of the same or any other provision.
16. Force Majeure
Watermill Studio shall not be liable for any failure or delay in performing their obligations under these Terms and Conditions where such failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of Watermill Studio.
17. Entire Agreement
By using this website, users accept that they shall not rely on any representation, warranty or other provision except as expressly provided in these Terms and Conditions. All conditions, warranties or other terms implied by statute or common law are excluded as fully permitted by law.
18. Severability
Each of these conditions is separate from all other conditions, so that if one condition is found to be void or otherwise unenforceable it will not affect the validity of any of the others.
19. No Partnership
Nothing in these terms and conditions shall constitute or be deemed to constitute a partnership, joint venture, agency or other fiduciary relationship other than the contractual relationship expressly provided for in these Terms and Conditions.
20. Third Parties
No part of these terms and conditions shall confer rights on any third parties and accordingly the Contracts (Rights of Third Parties) Act 1999 shall not apply.
21. Notices
Notices sent to you by e-mail will be deemed to have been received twenty-four hours after sending. We can be contracted by email to contact@watermillstudio.co.uk.
The postal address for all notices and correspondence is:
Suite 14, Dennis House,
4 Hawley Rd,
Hinckley,
LE10 0PR.
22. Jurisdiction and Governing Law
These Terms & Conditions and all disputes, whether contractual or otherwise, arising out of or in connection with them are governed by and shall be construed in accordance with the laws of England and each party submits to the exclusive jurisdiction of the English courts.
