Pre Contract Information Pack

 

This pre-contract information pack is supplied in accordance with ‘The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 which came into force on 13th June 2014.

This pack provides all the relevant information you need to know before entering in to a contract with ‘Lyndsey Ann Photography’.

In addition to the information below, you’ll also receive a personalised contract showing a detailed breakdown of each of the features of your wedding photography package.

Consumer Information supplied in accordance with Schedule 2 & 3:

 

What type of contract is this?

 

This wedding photography contract is a ‘mixed’ contract which includes both ‘services’ and ‘goods’. The ‘services’ part includes but is not limited to the venue visit, engagement shoot, wedding photography coverage on your wedding day, and the processing and editing of files afterwards. The ‘goods’ refers to the digital download of engagement shoot photographs and the USB drive that contains your wedding photographs and any soft book or album if these are included as part of your chosen wedding photography package.

 

Who is the contract with?

 

The wedding photography contract will be with Lyndsey Clarke, trading as ‘Lyndsey Ann Photography’.

 

What’s the geographical address?

 

The address of ‘Lyndsey Ann Photography’ is: 3 St Johns Close, Baxenden, Accrington, Lancashire, BB5 2XE’

 

What’s the total price that I’ll be paying for my photography package?

 

The total price of your goods and services can be found on your personalised contract. This will be supplied as a PDF for you to check prior to making payment. There’s no need for a signature, as the contract starts when payment is made. Please note, there is no VAT on the prices charged, so the price shown is the price you’ll pay.

 

Are there any additional charges?

 

Should an album be included in the package, the price will include an album 10×10 inches in size or 8×12 inches in size (landscape or portrait format) and shall include 30 pages / 15 double page spreads which will typically hold approx 60-80 photographs of your choice. Should you want to upgrade your album to a larger size or to add more pages there will be an extra charge which is subject to the prevailing rates at the time the album is ordered. Due to the customers choice typically being made after the supply of wedding photographs, these charges cannot be reasonably calculated in advance, but up to date guidance is provided on the business website.

 

When do I have to pay, and when do I get the photographs?

 

Payment:

The payment is divided in to a booking fee and a balance payment. The booking fee is due on booking and the balance is due one month before the wedding date.

Services:

File processing and editing will commence following the wedding date and shall be completed within one month for weddings between September – June or within 6 weeks for peak season weddings in July & August. The photos will be available to view in an online gallery once the editing is complete. A link will be sent to you via email.

Delivery:

A USB drive containing the wedding photographs will be delivered via Royal Mail Special Delivery to an address supplied by the customer.

 

When do I receive the soft cover photo book & USB?

 

Your USB drive will be posted after any requested retouching work has been completed. If you have a soft cover photo book included in your contract, the USB will be sent at the same time as this. Timescale for the book will depend on how quickly you are able to choose cover & content photos, and how busy I am when I receive your selection. I complete design work on a first come, first served basis so timescales will vary but I’ll advise of approximate timescales when I receive your photo selections. The book production time is 5 working days from the time I place the order with my suppliers.

 

What if I have a complaint?

 

Complaint handling policy:

Any complaints should be made via email to info@lyndseyannphotography.co.uk.  Complaints will be responded to within 7 working days. I request consumers to contact me in the first instance so that I can resolve any issues satisfactorily.

 

Do I have a right to cancel this contract?

 

Right to cancel; conditions, time limit and procedures in accordance with regulations 27-38. The consumer has a right to cancel at any time during the cancellation period without giving any reason, and without incurring any liability. A cancellation form is included in this pack, although any written form of cancellation is accepted including email or text. 30(1) The cancellation period ends at the end of 14 days after the day on which the contract is entered into.

 

If I cancel after 14 days, how much will I need to pay?

 

If the consumer exercises their right to cancel after having made a request in accordance with regulation 36(1) which stipulate the request must be in writing, the consumer is to be liable to pay the trader reasonable costs in accordance with regulation 36(4).

Cancellation costs for cancellation requests received after the 14-day period are as follows:

14 days after booking and >1 year before the wedding date: £200 (booking fee)

14 days after booking and >6 months before the wedding date: £200 + 25% of balance

14 days after booking and <6 months before the wedding date: £200 + 50% of balance

 

At what stage would I not be able to cancel?

 

The circumstances (under regulation 28) in which there is no right to cancel: ‘The consumer ceases to have the right to cancel a service contract under regulation 29(1) if the services have been fully performed, and performance of the service began (b) with the acknowledgement that the consumer would lose that right once the contract had been fully performed by the trader.

The USB is the ‘goods’ part of this contract. In accordance with 28(b) of the regulations, as the nature of the wedding photographs are ‘made to the consumer’s specification or are clearly personalised’ the USB is exempt from the consumers right to cancel.

 

What is the legal duty of Lyndsey Ann Photography in this contract?

 

The service provided will be as advertised, and should Lyndsey Ann Photography be unable to provide this service due to unforseen circumstances including but not limited to injury or sickness, Lyndsey Ann Photography is responsible for providing an equivalent service with an alternative photographer of an equivalent standard. The photographs supplied will be of a quality and style that is shown on my website and blog.

Every care is taken in photographing and processing using professional materials. In the unlikely event of total photographic failure i.e. during exposure or processing, the photographer’s liability shall be limited to a full refund of all monies paid. Neither party shall be liable for indirect consequential loss.

 

Is there after-sale customer service?

 

I offer an after sales service available after the USB drive has been delivered should the consumer require any help, support or advice with using the photos or arranging their own prints or other products with the photographs. There is no end date to this service, however it may be limited in peak season months of July – September. Consumers are advised to contact me mid-week should they require after sales service.

 

Is there a deposit to pay?

 

The booking fee is £200. The contract starts when this fee is paid by the consumer. This booking fee is not refundable after the 14 days cancellation period has expired. Only when the booking fee is received will the date be confirmed.

 

Are there any technical protection measures? (Copyright):

 

The copyright of the images remains with ‘Lyndsey Ann Photography’ as per the ‘copyright, designs and patents act 1988’. A licence is granted within this contract which allows pictures to be reproduced by the consumer for personal use. Pictures should not be supplied to media or commercial businesses. Should a media or commercial business want to use the photos, please ask them to contact me directly. The quality of my photos is really important to me so I like to supply correct size files if they are being used on other suppliers websites. Any commercial business that use the images without express permission from myself may be liable to a fine.

 

Do I need any special hardware or software to view the photos?

 

The wedding photographs will be supplied in JPEG format on a USB drive. The consumer will require a computer with a USB port to view the photographs. Two sets of photographs will be supplied. There will be a set labelled large which will typically be 5000 pixels on the longest edge, and a set labelled small which will typically be 1980 pixels on the longest edge. The small set are sized for optimal display on retina displays. The consumer will not require any specialist software as the photos can be viewed within standard Windows or Apple software that is supplied with their computer.

 

Wedding Albums

 

Wedding albums are predominantly designed in the quieter season between October – March. Album design is not available during July & August. Albums designs will be uploaded to an online gallery for checking, and couples are welcome to suggest changes and alterations at this stage. As wedding albums are bespoke, hand made products that are individually commisioned for each couple they are exempt from the regular ‘returns’ part of the ‘Consumer Rights act 2015’, with that in mind it’s important to take the time to fully check design and cover proofs that will be emailed to you. The albums I supply have a lifetime warranty, so should any defect or fault appear at a later date, the album can be returned to me to be repaired.

 

Wedding Album Storage

 

Wedding albums are temperature and humidity sensitive and should be stored at room temperature and not in a loft or out building. Warping of the pages can occur if they are stored below room temperature or in humid conditions. Page warping is not covered by the warranty, but if this does happen, pages should return to normal within a couple of weeks of correct storage. Wedding albums should be stored flat to protect the spine, unless advised otherwise.

 

Creative Licence and Control

 

Lyndsey Ann Photography will edit every take and deliver what she considers to be the best of every situation covered. RAW files will not be provided to the client in any circumstances. Images of no value, i.e. Pictures with poor expressions, blinking shall be deleted.

 

Right to Cancel

 

You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day the contracts starts, which is the day the booking fee is received. To exercise the right to cancel, you must inform us (Lyndsey Ann Photography, 3 St Johns Close, Baxenden, Accrington, Lancashire, BB5 2XE) of your decision to cancel this contract by a clear statement (e.g. letter sent by post or email). You may use the attached model cancellation form below, but it is not obligatory.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Effects of cancellation If you cancel this contract, we will reimburse to you all payments received from you. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise, in any event, you will not incur any fees as a result of the reimbursement.

If you requested to begin the performance of services during the cancellation period, you shall pay us an amount which is in proportion to what has been performed until you have communicated us your cancellation from this contract, in comparison with the full coverage of the contract.

 

Photographer Requirements

 

The photographer(s) will require a hot meal for weddings that last longer than 5 hours. Some venues close the kitchen for orders during an exclusive wedding breakfast. If no meal is provided, the photographer(s) reserves the right to go off site for a hot meal.

 

Model cancellation form

 

To:

Lyndsey Ann Photography, 3 St Johns Close, Baxenden, Accrington, Lancashire, BB5 2XE, with email address info@lyndseyannphotography.co.uk and mobile number: 07515824653.

1/We hereby give notice that I/We cancel my/our contract for the supply of the Wedding photography service the I/we ordered on:

Name of customer:

Address of customer:

Signature of customer: (only if this form is notified on paper)

Date:

 

Link to government legislation

Link to Government implementing guidance