1. Introduction

Welcome to White Peacock Album Design. This page tells you the terms on which you may use our website whitepeacockalbumdesign.co.uk (“Site”) and Services

These terms and conditions set out the legally binding terms for your use of our Services and by using these Services, you agree to be bound by the terms of this Agreement. If you do not agree to the terms, then you must not use our Site or Services.

Please read these product terms carefully before using this Site or our Services as they affect your rights and liabilities under the Law and the basis upon which we will supply the goods to you. Nothing in these terms shall affect your statutory rights as a consumer.
In these terms (“the Goods”) means any goods, services or products referenced and “Buyer” shall mean you or anyone else who places an order for the bespoke photographic albums and designs that we supply to our customers

2. Who We Are

Our Site is operated by Gillian Challis of White Peacock Album Design and our trading office is at 1 The Vale, Brentwood, Essex, CM14 4UX

3. Use of the Site

Our Site is available free of charge to use but you only have permission for temporary use of the site, and we can withdraw or change our service at any time without telling you and without being legally responsible to you.
These terms, together with the policies, images, documents referred to in them provide the terms of use which you may make use of our website whether as a guest or as a registered user.

You must treat all identification codes, passwords and other security information as confidential. If we think you have failed to keep confidentiality, we are allowed to disable any security information (including your passwords and codes).

You agree to follow our acceptable use policy.

If you allow anyone else to use our site, you must make sure that they read these terms first, and that they follow them.

Only use the Site as allowed by law and these terms. If you don’t, we may suspend your usage, or stop it completely.

We frequently update the Site and make changes to it, but we don’t have to do this, and material on the Site may be out-of-date. No material on the site is intended to contain advice, and you shouldn’t rely on it. We exclude all legal responsibility and costs for reliance placed on the site by anyone. We recommend you review these terms from time to time to be aware of any changes.

We follow our privacy policy in handling information about you.

By using the Site, you agree to us handling this information and confirm that data you provide is accurate.

4. Our Products

We design bespoke photographic wedding albums in house and supply the finished printed albums through a third party album supplier.

These terms will not be binding upon you for the purchase and supply of any Goods until such a time as you have placed your order to purchase the products (your “Order”) and you receive an email from us acknowledging receipt of your Order and that your Order will be processed for delivery in accordance with your chosen method.

We require 50% of the fees payable up front and on confirmation of your Order being placed, we shall email you confirming your Order, whereupon you will then be bound by these terms.

We typically supply the Goods within 2-3 weeks but as our albums are bespoke, they will naturally vary from order to order. Please therefore note all delivery times are estimates and are not guaranteed. We shall therefore use our reasonable endeavours to respond to your Order within a reasonable period of time but under no circumstances will any delays in delivery times justify the cancellation of the Order or a right to seek compensation.

We offer no representations or warranties that the Goods and/or this Site offered will be accessible, or usable by you or without any faults. We agree to notify you at the earliest opportunity if there are any technical faults which would delay the processing of your Order.

We reserve the right to refuse an order placed by you, if the Order is in breach of these terms in any way or if the use of the images, either infringes a third party’s intellectual property rights or they are corrupted, unsupported technically or inadequately pixelated. On occasions, the Order may be refused because the Product is not available in which case we will notify you and offer you either an alternative or refund.
Title and risk in the Goods shall pass to the Buyer upon delivery.

5.  Use of our Site and Services

In acceptance of these terms, you agree that any digital images that you provide to us, will either have been taken by yourself, in which case you own the copyright to them, or images which you are authorised or licensed to use, in which case you will acknowledge this when placing the Order.

You agree that you will not send any images which are objectionable or inappropriate in which case we reserve the right to refuse any Order. You agree not to infringe any third party’s intellectual property rights.

Your use of our services and sharing such images for the purpose of placing an order, constitutes consent by you that we have permission to use the shared images to enable us to fulfil your Order.

You agree that you will be responsible for any claims, costs, expenses, or any legal proceedings arising from your misuse of this Site, or this Service and we reserve the right to cancel any Order placed by you for the purchase of Products and terminate your access to this Site.

You are strongly advised to save any digital images and back these up before sending such images to us for use of the Service. We offer no warranty or guarantees in relation to these images as we shall not keep these indefinitely and we will not be responsible for any loss, deletion or corruption of such images.

6. Payment

As stated above, we require 50% of the payment in advance of placing your Order, with the balance due to us once the designs are signed off and before we purchase your album. The 50% upfront fee is non-refundable once the design work has begun.

Payment will be made by you once you have placed your Order and the prices that are payable are clearly set out on this Site. If by mistake, we have underpriced the purchase price, we will have no obligation to supply that item at the stated price.

All prices displayed on this Site are inclusive of VAT and payment can be made in the following ways:

• By bank transfer
• By Cheque
• Via Paypal (but any payment will incur an additional 3.4% surcharge)
• Via www.albumregistry.com
• By Debit/Credit Card via GoCardless

Album Registry

In addition, we have recently launched a new and innovative way for you to pay for your album via www.albumregistry.com . This is process whereby you can arrange for your friends and family members to contribute towards the cost of the album. You can find their terms and conditions here and we recommend that you read these as these represent your agreement with Album Registry.

We do not receive payment until the registry closes and then your Order is effective and can be placed.

We accept no responsibility for any monies that are transferred to Album Registry and have no contractual liability to you, unless and until we receive the funds in full from Album Registry whereupon your Order can be placed.

7. Cancellation, Delivery and Returns

Orders will be processed and delivered to you in accordance with your chosen method of delivery.

Due to the nature of the service we provide, you will not be able to cancel your Order once it has been processed but in the event that your Goods are delivered damaged or faulty in any way, we agree to offer you a replacement or refund in accordance with your statutory rights as long as we receive it back within 14 days of receipt by you.

Please note that we currently only deliver to addresses within England, Wales, Scotland and Northern Ireland unless agreed otherwise. We may on occasions, be able to set up a special delivery service for overseas. Any such delivery charges will be added to your Order. You will be liable for any customs duty or tax fees imposed by the receiving country.

8. Products

We endeavour to provide an accurate description of our Goods, however on occasions the descriptions, images may vary in a minor way, from the actual product you receive. If this happens, we will notify you by email and if we do not receive confirmation from you that you wish to cancel your Order, we will assume that you are happy to proceed with the Order.

We shall endeavour to respond to any complaints within 14 days and if this is not possible, we shall let you know.

9. Intellectual Property Rights

We are the owner or licensee of all intellectual property rights in the Site (for example the copyright and any rights in the designs) and in any of the material posted on it. They are protected by copyright.

You are allowed to print one copy and download extracts of any page on the Site for your personal reference, but not for commercial use without a licence from us. You must not alter anything, or use any illustrations, video, audio or photographs separately from the text that goes with them.

Our status and that of any contributors, must be always be acknowledged. If you breach these terms, you lose your right to use our Site, and must destroy or return any copies you have made.

By uploading or posting your images on to this Site, you expressly grant to us a non-exclusive, royalty-free, and irrevocable licence to use the images for the purpose of performing the obligations we owe to you, i.e. to enable us to supply you with the Order.

10. Our Legal Responsibility to You

To the extent that the law allows, you agree to release, our agents, directors, officers, shareholders and any employees from all liability arising out of or in connection with any Images used. You must not assume that accessing our Site means that you are complying with the law by reason of your images appearing on our Site.

As we already stated, we have no responsibility or liability to you for the deletion or failure to store the Images.

We do not guarantee the accuracy of material on our site. As far as legally possible, we exclude legal responsibility for any loss to you arising from use of our site. We also exclude, as far as legally possible, all terms and warranties or promises implied by law or by statutes.

We don’t exclude legal responsibility for death or personal injury owing to our negligence, or legal responsibility for fraud or fraudulent misrepresentation, or for anything else where exclusion is not allowed by the law.

11. Privacy Policy

Please refer to our Privacy Policy which governs your use of this Site. By using this Site, you are consenting to the contents of that Policy.

12. Uploading to our Site

If you contact other users of our Site or upload material to it, you must follow our acceptable use policy, which sets out standards for usage and you must comply with the content standards referred to therein. You agree to reimburse us for any costs or expenses we incur as a result of any breach of this term.

We won’t be legally responsible to anybody for the accuracy of material that you upload to the site, and we can remove it at any time if we think it doesn’t follow our acceptable use policy.

13. Computer Offences

If you do anything which is a criminal offence under a law called the Computer Misuse Act 1990, your right to use the site will end straightaway. We will report you to the relevant authorities and give them your identity.
Examples of computer misuse include introducing viruses, worms, Trojans and other technologically harmful or damaging material.

You mustn’t try to get access to our site or server or any connected database or make any ‘attack’ on the Site. We won’t be legally responsible to you for any damage from viruses or other harmful material that you pick up via our site.

14. Liability

We shall take reasonable care and skill to provide you with the Products in accordance with your purchase.

15.Links To Our Site

You are allowed to make a legal link to our website’s homepage from your website if the content on your Site meets the standards of our acceptable use policy. Such use must be fair and reasonable and do nothing to harm our reputation. You must obtain our consent in writing if you wish to establish a link to our Site.

We can end this permission at any time.

You mustn’t suggest any endorsement by us or association with us unless we agree in writing.

16.Links From Our Site

Links from our Site to other sites are only for information. We don’t accept responsibility for other sites or any loss you suffer from using them.

17. Events Beyond Our Control

We shall have no responsibility or liability for any failure to perform, or delay in performance or any of our obligations under the Terms that is caused by events outside of our control.

18. Variation

We change these terms from time to time and you must check them for changes because they are binding on you.

19. Applicable Law

If you are a consumer of registered business, these terms of use, their subject matter are governed by English Law and the English courts have the only right to hear claims related to our site.

20. Contact Us

Please email us at info@whitpeacockalbumdesign.co.uk to contact us about any issues.
We shall contact you by email should it be necessary to do so.