Terms & Condition.
Ownership of Rights
All rights, including copyright, in this website are owned by or licensed to James Clarke. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without our permission. You may not modify, delete, distribute or post anything on this website for any purpose.
Availability
All products are subject to availability. All stated prices on our website remain in effect for so long as the merchandise is available or as otherwise stated on our website. We will inform you as soon as possible if the goods you have ordered are not available.
Pricing
We have taken great care in preparing the content of this website, in particular to ensure that the details including descriptions and prices are correct at the time of publishing. However, we will only accept orders if there are no material errors in the description of the merchandise or its price as advertised on this website. All prices are displayed including taxes and exclusive of delivery charges. The total cost of your order is the price of the merchandise ordered plus delivery charges as set out during the checkout process.
Despite our best efforts, there may be errors in, either in print, email or on the website. However, we will verify prices as part of our dispatch procedures. If an items correct price is lower than our stated price, we charge the lower amount and send you the item. If a product's correct price is higher than our stated price, we will cancel your order and notify you of that cancellation. We do not charge your credit or debit card until you have completed the checkout process. Items in your Shopping Bag will always reflect the most recent price displayed on the items product detail page.
Content Accuracy
The packaging may rarely vary from that shown, in this case, you will be notified by email. We have made every effort to display as accurately as possible the colour of the products that appear on this website. However, as the actual colours you see will depend on your personal computer, tablet or mobile phone, we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the merchandise on delivery. To the extent permitted by applicable law, James Clarke disclaims all warranties, express or implied, as to the accuracy of the information contained in any of the materials on this website. We are not responsible for the content of any off-website pages or any other websites linked to or from this website. Links appearing on this website are for your convenience only and are not an endorsement by us of the content, products, services or suppliers connected therewith. We shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this website, in any off-website or in any linked websites.
Errors In Ordering
You are able to correct errors on your order up to the point at which you click on 'submit order' on the final page of our ordering process. Orders cannot be changed during the dispatch process, however they can be cancelled within 14 days of receipt.
Acknowledging Your Order
We will notify you about your order confirmation as the last stage of your checkout process. If we are unable to fulfill your order following this acknowledgement, we will contact you by email or telephone advising you of this. Our acceptance of your order will take place after we dispatch your products to you.
We may not accept your order if an item you have ordered is out of stock, has delivery restrictions to your location, if we have identified a product or pricing error or if we are unable to obtain authorization for your payment. Please note that we reserve the right to reject any offer to purchase by you at any time.
Delivery Offers
All our free delivery applies to specific delivery details on the product pages. Next day, express and international delivery options are excluded from this offer. All delivery times are a guideline for the time frames.
Delivery
Deliveries can only be made with specific delivery conditions stated below. Not all of our delivery options are available to all areas of the world. If you have a question about delivery outside of the UK, we will advise you if you email our customer services team on hello@jamesclarke.photography
We will deliver the product/s in accordance with the delivery option selected by you. Whenever referred to, working days exclude Saturday, Sunday and UK Bank holidays.
Payments
Payments can be made by most of the major credit and debit cards. We use PayPal as our merchant and you would also be able to pay via a confirmed PayPal account. You confirm that the credit or debit card or the PayPal account being used is yours. We retain the legal ownership of all products until full payment has been made by you and received by us and legal ownership of the products will immediately transfer back to us if we refund any payment for the product to you. Risk in the product transfers to you upon delivery.
Inspection During Delivery
You should inspect the merchandise upon receipt and check that everything specified on the delivery note is included. You will be deemed to have accepted the order unless you notify us upon receipt that there is a problem or you cancel the order in accordance with your cancellation right and/or you return the goods in accordance with our returns policy and procedure. If you fail to take such action, we are not obligated to accept any rejection by you of the merchandise at a later date.
Legal Contract
Please note that when we accept your submitted order for products on this website, it automatically becomes a legally binding contract.
Cancellation Rights
Under the distance selling regulations you have the legal right to cancel your order within 14 working days from the date of receipt of the goods if you send us a notice of cancellation by email and return the goods to us in their original, unopened and unused condition. For further details of how to return merchandise please see our returns policy and procedure. Where goods are delivered to a third party you may exercise your right to cancel if you are able to return the merchandise to us. You can submit your cancellation notice by email to hello@jamesclarke.photography
Returnable and Non Refundable.
Please contact us for a return reference number before returning the item(s). You may reach us at hello@jamesclarke.photography
Make sure to pack the item(s) securely in all of its original product packaging (original product packaging plus outer packaging for postal services). Please note that we are only able to exchange or refund goods that are returned to us in their original unopened form and in a resalable condition with unopened security seals.
Please include (emailed printout) of the 'Return Reference Number'. Please remember that in order for the return to be processed you must ensure that the goods are wrapped securely in the same outer packaging in which you received them.
All returned goods will be examined upon receipt, we are unable to offer refunds, replacements or exchanges on any opened or used goods. We will process your return as quickly as possible and will notify you by email once your refund, replacement or exchange has been processed. During busy periods, please allow a maximum of 30 working days for your refund, replacement or exchange to be processed.
Your payment for the goods will be refunded as soon as possible by the original payment method, no later than 30 working days after we have received the goods. Please note that delivery charges are not refunded. In addition to our returns policy you have the right to cancel your order within fourteen working days from the date of receipt of the goods if you send us a notice of cancellation by email and return the goods to us in their original, unopened and unused condition. Where goods are delivered to a third party you may also exercise this right if you are able to return the goods to us in their original, unopened and unused condition. Please see the cancellation right section in our terms and conditions.
Damage To Your Electronic Devices
James Clarke makes every effort to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it won't cause damage to your electronic devices. It is your responsibility to ensure that the right equipment is available to use the website and screen out anything that may damage it. James Clarke will not be liable to any person for any loss or damage which may arise to any electronic devices or equipment as a result of using this website.
Limitation Of Liability
James Clarke makes no representations or warranties in connection with this website, whether express or implied, including but not limited to warranties of satisfactory quality, non-infringement or fitness for a particular purpose, except to the extent such warranties are not legally excludable. To the fullest extent permissible James Clarke will not be liable for interruption of business; loss or damages of any kind incurred as a result of dealings with or the presence of the website or off-website links; access delays or access interruptions to the website; computer viruses, system failure or any malfunction which may occur in connection with your use of our website; any inaccuracies or omissions or misleading, false or deceptive statements in the content; or, any events beyond James Clarkes' reasonable control. Furthermore, to the fullest extent permitted by law we will not be liable for any direct, indirect, special, incidental, consequential or other damages of any kind related to your use of the website and in no event shall our maximum aggregate liability exceed one hundred pounds sterling (GBP).
Exclusions Of Liability
Any disclaimers and exclusions of liability in these terms & conditions shall not apply to any damages arising from death or personal injury caused by the negligence of James Clarke or any of its employees or agents or fraud. These disclaimers and exclusions shall be governed by English law. If any provisions of these disclaimers and exclusions are deemed to be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
Complaints
If you wish to complain about any of our products, please email hello@jamesclarke.photography
We welcome your enquiries or feedback on the products you use or might like to purchase. However, it is our policy to decline any unsolicited suggestions or ideas. Any enquiries, feedback, suggestions, ideas or other information you provide to us ('information') will be treated as non-confidential and non-proprietary. Subject to our privacy policy, by providing us with any such unsolicited information you hereby grant James Clarke a non-exclusive and royalty-free right to use, reproduce, modify, adapt, publish, sell, assign, translate, transfer, sub-license, create derivative works from, distribute and display the information in any form, media or technology and whether alone or as part of other works. You also agree that your information may not be returned and we may use your information and any ideas, concepts or know-how contained therein, for any purpose. Furthermore, if you send us any such information you represent and warrant that you own or otherwise are entitled to any and all rights to the information and that your information does not contain or constitute software viruses, commercial solicitation, chain letters, mass mailings or 'spam' in any form. You may not impersonate any person or entity or use any false email address or otherwise mislead James Clarke as to the origin of the information submitted and you agree to indemnify James Clarke and hold James Clarke harmless from and against any claims arising from your claims and/or any third party´s claims to any rights in any such information.
Intellectual Property
The trade marks, logos and service marks ('intellectual property') displayed on our website are the registered and unregistered marks of James Clarke, our affiliates, our licensors and/or our suppliers in the UK, US and other countries and are protected by UK and international trade mark laws. Except in connection with placing an order for merchandise or as required by applicable law, you may not use, reproduce, duplicate, copy, sell, resell, access, modify or otherwise exploit our intellectual property or that of our suppliers without our or their prior written permission/consent.
Other Legal Notices
There may be legal notices on other areas of this website which relate to your use of this website, all of which will, together with these terms & conditions govern your use of this website.
Changes To our Terms & Conditions
We reserve the right to make changes to these terms & conditions from time to time and we encourage you to review them as often as possible. Any changes are effective immediately upon posting to the website.
Laws And Languages
This website, any content contained herein and any contracts entered into as a result of usage of this website are governed by English law. The parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.
Hire charges
All hire of glassware is subject to an itemised hire charge per item. Any damages/ breakages will be charged at full retail value (to be advised prior to hire). All hired glassware must be returned to the James Clarke studio within 72 hours of the event. Should there be no damage/ breakages to the items, a full refund of the deposit will be issued to the hirer. Alternatively, we can arrange to collect all hired glassware from the venue, however this will incur an additional collection charge. If there are any damages/ breakages when we arrive to collect the items, you will be held liable to replace these items at full retail value. We will obtain a signed confirmation from the Venue management to confirm that all items were in good order on collection. We would also obtain a signed confirmation from the venue management if there are any damages/ breakages before we remove the items from the venue.
Finalising
All details must be finalised and confirmed at least eight weeks prior to the event. It is at our discretion that we can accommodate any changes after this time period.
Cancellations
If an event is postponed then James Clarke will honour the booking subject to the future date availability up to a period of twelve months.
All cancellations will have to be in writing via email to hello@jamesclarke.photography
Full refunds (less fees for consultations) are given for cancellations made more than 12 weeks prior to the event date.
Cancellations made between 12 weeks and 9 weeks prior to the event date will be refunded at 50% of the total booking fee.
Cancellations made between 9 weeks and 3 weeks prior to the event date will be refunded at 30% of the total booking fee.
All refunds are subject to deductions of fees for all consultations and deposits for securing dates.
Any discounted booking purchased and made through any third party discount websites/companies for a James Clarke product is strictly non refundable after the initial consultation upon purchase when the date has been saved, however the validity date can be extended up-to twelve months at the discretion of James Clarke.
All refunds are subject to a 90 day time frame.
James Clarke cannot cancel any bookings after the booking confirmation has been made.
Your statutory rights are not affected.
Ownership of Rights
All rights, including copyright, in this website are owned by or licensed to James Clarke. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without our permission. You may not modify, delete, distribute or post anything on this website for any purpose.
Availability
All products are subject to availability. All stated prices on our website remain in effect for so long as the merchandise is available or as otherwise stated on our website. We will inform you as soon as possible if the goods you have ordered are not available.
Pricing
We have taken great care in preparing the content of this website, in particular to ensure that the details including descriptions and prices are correct at the time of publishing. However, we will only accept orders if there are no material errors in the description of the merchandise or its price as advertised on this website. All prices are displayed including taxes and exclusive of delivery charges. The total cost of your order is the price of the merchandise ordered plus delivery charges as set out during the checkout process.
Despite our best efforts, there may be errors in, either in print, email or on the website. However, we will verify prices as part of our dispatch procedures. If an items correct price is lower than our stated price, we charge the lower amount and send you the item. If a product's correct price is higher than our stated price, we will cancel your order and notify you of that cancellation. We do not charge your credit or debit card until you have completed the checkout process. Items in your Shopping Bag will always reflect the most recent price displayed on the items product detail page.
Content Accuracy
The packaging may rarely vary from that shown, in this case, you will be notified by email. We have made every effort to display as accurately as possible the colour of the products that appear on this website. However, as the actual colours you see will depend on your personal computer, tablet or mobile phone, we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the merchandise on delivery. To the extent permitted by applicable law, James Clarke disclaims all warranties, express or implied, as to the accuracy of the information contained in any of the materials on this website. We are not responsible for the content of any off-website pages or any other websites linked to or from this website. Links appearing on this website are for your convenience only and are not an endorsement by us of the content, products, services or suppliers connected therewith. We shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this website, in any off-website or in any linked websites.
Errors In Ordering
You are able to correct errors on your order up to the point at which you click on 'submit order' on the final page of our ordering process. Orders cannot be changed during the dispatch process, however they can be cancelled within 14 days of receipt.
Acknowledging Your Order
We will notify you about your order confirmation as the last stage of your checkout process. If we are unable to fulfill your order following this acknowledgement, we will contact you by email or telephone advising you of this. Our acceptance of your order will take place after we dispatch your products to you.
We may not accept your order if an item you have ordered is out of stock, has delivery restrictions to your location, if we have identified a product or pricing error or if we are unable to obtain authorization for your payment. Please note that we reserve the right to reject any offer to purchase by you at any time.
Delivery Offers
All our free delivery applies to specific delivery details on the product pages. Next day, express and international delivery options are excluded from this offer. All delivery times are a guideline for the time frames.
Delivery
Deliveries can only be made with specific delivery conditions stated below. Not all of our delivery options are available to all areas of the world. If you have a question about delivery outside of the UK, we will advise you if you email our customer services team on hello@jamesclarke.photography
We will deliver the product/s in accordance with the delivery option selected by you. Whenever referred to, working days exclude Saturday, Sunday and UK Bank holidays.
Payments
Payments can be made by most of the major credit and debit cards. We use PayPal as our merchant and you would also be able to pay via a confirmed PayPal account. You confirm that the credit or debit card or the PayPal account being used is yours. We retain the legal ownership of all products until full payment has been made by you and received by us and legal ownership of the products will immediately transfer back to us if we refund any payment for the product to you. Risk in the product transfers to you upon delivery.
Inspection During Delivery
You should inspect the merchandise upon receipt and check that everything specified on the delivery note is included. You will be deemed to have accepted the order unless you notify us upon receipt that there is a problem or you cancel the order in accordance with your cancellation right and/or you return the goods in accordance with our returns policy and procedure. If you fail to take such action, we are not obligated to accept any rejection by you of the merchandise at a later date.
Legal Contract
Please note that when we accept your submitted order for products on this website, it automatically becomes a legally binding contract.
Cancellation Rights
Under the distance selling regulations you have the legal right to cancel your order within 14 working days from the date of receipt of the goods if you send us a notice of cancellation by email and return the goods to us in their original, unopened and unused condition. For further details of how to return merchandise please see our returns policy and procedure. Where goods are delivered to a third party you may exercise your right to cancel if you are able to return the merchandise to us. You can submit your cancellation notice by email to hello@jamesclarke.photography
Returnable and Non Refundable.
Please contact us for a return reference number before returning the item(s). You may reach us at hello@jamesclarke.photography
Make sure to pack the item(s) securely in all of its original product packaging (original product packaging plus outer packaging for postal services). Please note that we are only able to exchange or refund goods that are returned to us in their original unopened form and in a resalable condition with unopened security seals.
Please include (emailed printout) of the 'Return Reference Number'. Please remember that in order for the return to be processed you must ensure that the goods are wrapped securely in the same outer packaging in which you received them.
All returned goods will be examined upon receipt, we are unable to offer refunds, replacements or exchanges on any opened or used goods. We will process your return as quickly as possible and will notify you by email once your refund, replacement or exchange has been processed. During busy periods, please allow a maximum of 30 working days for your refund, replacement or exchange to be processed.
Your payment for the goods will be refunded as soon as possible by the original payment method, no later than 30 working days after we have received the goods. Please note that delivery charges are not refunded. In addition to our returns policy you have the right to cancel your order within fourteen working days from the date of receipt of the goods if you send us a notice of cancellation by email and return the goods to us in their original, unopened and unused condition. Where goods are delivered to a third party you may also exercise this right if you are able to return the goods to us in their original, unopened and unused condition. Please see the cancellation right section in our terms and conditions.
Damage To Your Electronic Devices
James Clarke makes every effort to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it won't cause damage to your electronic devices. It is your responsibility to ensure that the right equipment is available to use the website and screen out anything that may damage it. James Clarke will not be liable to any person for any loss or damage which may arise to any electronic devices or equipment as a result of using this website.
Limitation Of Liability
James Clarke makes no representations or warranties in connection with this website, whether express or implied, including but not limited to warranties of satisfactory quality, non-infringement or fitness for a particular purpose, except to the extent such warranties are not legally excludable. To the fullest extent permissible James Clarke will not be liable for interruption of business; loss or damages of any kind incurred as a result of dealings with or the presence of the website or off-website links; access delays or access interruptions to the website; computer viruses, system failure or any malfunction which may occur in connection with your use of our website; any inaccuracies or omissions or misleading, false or deceptive statements in the content; or, any events beyond James Clarkes' reasonable control. Furthermore, to the fullest extent permitted by law we will not be liable for any direct, indirect, special, incidental, consequential or other damages of any kind related to your use of the website and in no event shall our maximum aggregate liability exceed one hundred pounds sterling (GBP).
Exclusions Of Liability
Any disclaimers and exclusions of liability in these terms & conditions shall not apply to any damages arising from death or personal injury caused by the negligence of James Clarke or any of its employees or agents or fraud. These disclaimers and exclusions shall be governed by English law. If any provisions of these disclaimers and exclusions are deemed to be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
Complaints
If you wish to complain about any of our products, please email hello@jamesclarke.photography
We welcome your enquiries or feedback on the products you use or might like to purchase. However, it is our policy to decline any unsolicited suggestions or ideas. Any enquiries, feedback, suggestions, ideas or other information you provide to us ('information') will be treated as non-confidential and non-proprietary. Subject to our privacy policy, by providing us with any such unsolicited information you hereby grant James Clarke a non-exclusive and royalty-free right to use, reproduce, modify, adapt, publish, sell, assign, translate, transfer, sub-license, create derivative works from, distribute and display the information in any form, media or technology and whether alone or as part of other works. You also agree that your information may not be returned and we may use your information and any ideas, concepts or know-how contained therein, for any purpose. Furthermore, if you send us any such information you represent and warrant that you own or otherwise are entitled to any and all rights to the information and that your information does not contain or constitute software viruses, commercial solicitation, chain letters, mass mailings or 'spam' in any form. You may not impersonate any person or entity or use any false email address or otherwise mislead James Clarke as to the origin of the information submitted and you agree to indemnify James Clarke and hold James Clarke harmless from and against any claims arising from your claims and/or any third party´s claims to any rights in any such information.
Intellectual Property
The trade marks, logos and service marks ('intellectual property') displayed on our website are the registered and unregistered marks of James Clarke, our affiliates, our licensors and/or our suppliers in the UK, US and other countries and are protected by UK and international trade mark laws. Except in connection with placing an order for merchandise or as required by applicable law, you may not use, reproduce, duplicate, copy, sell, resell, access, modify or otherwise exploit our intellectual property or that of our suppliers without our or their prior written permission/consent.
Other Legal Notices
There may be legal notices on other areas of this website which relate to your use of this website, all of which will, together with these terms & conditions govern your use of this website.
Changes To our Terms & Conditions
We reserve the right to make changes to these terms & conditions from time to time and we encourage you to review them as often as possible. Any changes are effective immediately upon posting to the website.
Laws And Languages
This website, any content contained herein and any contracts entered into as a result of usage of this website are governed by English law. The parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.
Hire charges
All hire of glassware is subject to an itemised hire charge per item. Any damages/ breakages will be charged at full retail value (to be advised prior to hire). All hired glassware must be returned to the James Clarke studio within 72 hours of the event. Should there be no damage/ breakages to the items, a full refund of the deposit will be issued to the hirer. Alternatively, we can arrange to collect all hired glassware from the venue, however this will incur an additional collection charge. If there are any damages/ breakages when we arrive to collect the items, you will be held liable to replace these items at full retail value. We will obtain a signed confirmation from the Venue management to confirm that all items were in good order on collection. We would also obtain a signed confirmation from the venue management if there are any damages/ breakages before we remove the items from the venue.
Finalising
All details must be finalised and confirmed at least eight weeks prior to the event. It is at our discretion that we can accommodate any changes after this time period.
Cancellations
If an event is postponed then James Clarke will honour the booking subject to the future date availability up to a period of twelve months.
All cancellations will have to be in writing via email to hello@jamesclarke.photography
Full refunds (less fees for consultations) are given for cancellations made more than 12 weeks prior to the event date.
Cancellations made between 12 weeks and 9 weeks prior to the event date will be refunded at 50% of the total booking fee.
Cancellations made between 9 weeks and 3 weeks prior to the event date will be refunded at 30% of the total booking fee.
All refunds are subject to deductions of fees for all consultations and deposits for securing dates.
Any discounted booking purchased and made through any third party discount websites/companies for a James Clarke product is strictly non refundable after the initial consultation upon purchase when the date has been saved, however the validity date can be extended up-to twelve months at the discretion of James Clarke.
All refunds are subject to a 90 day time frame.
James Clarke cannot cancel any bookings after the booking confirmation has been made.
Your statutory rights are not affected.