TERMS & CONDITIONS

TERMS & CONDITIONS

Stephen Ball Photography is a trading name which covers the reproduction and sale of the work of Stephen Ball and the domain name for this website, which he wholly owns.

Across the website the term “Stephen Ball Photography”, “I”, “we” refers to Stephen Ball Photography while the terms “you”, “Customer” refers to the viewer or user of the website and the purchase of the photography goods sold by Stephen Ball Photography.

If you wish to browse and purchase goods from this website you agree to be bound by the following terms and conditions. These terms and conditions and our stated privacy policy forms the legal relationship with you in relation to the Stephen Ball Photography website. Use of this website and any dispute arising out of such use is subject to the laws of the United Kingdom.

Stephen Ball Photography undertakes to supply goods and services under the following terms and conditions

ABOUT THE GOODS (Digital prints and other items):

  • All of the work shown on this website is the copyright of Stephen Ball Photography and all rights are reserved.

  • Any redistribution and reproduction, in any form, of the whole or part of the contents of this site, or the goods purchased from it, is prohibited unless fully agreed in writing in advance.

  • No commercial use of the contents of the site nor any transmission or storage on another website or electronic retrieval site, is allowed except with express and prior written permission.

  • Every endeavor is made to supply the goods as described within the website. However, we reserve the right to make changes from time to time as necessary to maintain the quality of the goods and offer the customer the best service.

  • Any changes to the specifications described on the site would always be notified to customers and agreed with them prior to purchase.

  • Please note that the appearance of all images on this website are dependent on the colour settings and resolution of a receiving monitor or projector and therefore screen images may differ slightly from any photographic print  / digital image supplied. However all prints / digital images will be of the highest quality in terms of print / resolution.

COPYRIGHT OF IMAGES

The entire copyright in the Photographs is retained by Stephen Ball Photography at all times throughout the world.

USE OF YOUR PURCHASED IMAGES

  • The License to Use comes into effect from the date of payment of the relevant invoice(s).  No use may be made of the Photographs before payment in full of the relevant invoice(s) without the Photographer's express permission.  Any permission which may be given for prior use will automatically be revoked if full payment is not made by the due date or if the Client is put into receivership or liquidation.  All prints of photographs supplied by Stephen Ball Photography include a license for personal use only.   The right to scan or re-print such images is retained by us.

  • All digital image files include a license for unlimited prints to be made by the original purchaser for personal use only.  Unless otherwise agreed the license to use any image, or part thereof, for any commercial activity is retained by us.

  • The License only applies to the customer and its benefit shall not be assigned to any third party without Stephen Ball Photography’s permission.  Accordingly, even where any form of 'all media' License is granted, Stephen Ball Photography’s permission must be obtained before any use of the Photographs for other purposes including, but not limited to, use in relation to another product or sublicensing through a photo library.  Permission to use the Photographs for purposes outside the terms of the License will normally be granted upon payment of a further fee, which must be mutually agreed and paid in full before such further use.  Unless otherwise agreed in writing, all further Licenses in respect of the Photographs will be subject to these terms and conditions.

ABOUT PURCHASING

  • All items illustrated and described on this website can be purchased online using Visa, Mastercard and Paypal.

  • You do not need to have a Paypal account to buy Stephen Ball Photography products.

  • Your payment by card or Paypal does not reveal your financial details to the seller.

  • Once your payment is complete, you will be emailed a receipt of the transaction.

  • Paypal, as a payment option offers 100% protection against any unauthorised payments sent from your account. Further details can be obtained from their website at www.paypal.co.uk.

  • If you would prefer to pay by cheque or by bank transfer, please email us via the contact page of this website and you will be advised on how to make the payment.

  • Every effort is made to ensure that all items get to the customer in perfect condition using the postal address or email address provided to us at the time of purchase.

RETURNS / CANCELLATION / REJECTION OF GOODS

  • By law, customers located in the European Union have the right to withdraw from the purchase of an item within seven working days of the day the item is delivered.

  • Where you are withdrawing from your purchase within the seven working day cooling-off period, and there has been no error on our part, we will refund the cost of the item and the cost of delivering the item to you.

  • We will not refund your costs in returning the item to us unless you are returning the item because of an error on our part. Any item returned must be packed in its original packaging.

  • Please be aware that you will be responsible for returning the item to us unless we delivered the item to you in error, or if the item is damaged.

  • Should goods be damaged in any form (print or digital image supplied) these should be returned to us within 7 days. A note describing the damage should also be made to us.

  • If you are not entirely satisfied with any purchase you may return it to us within 21 days of delivery.

  • Unless a rejection fee has been agreed in advance, there is no right to reject photographs on the basis of style or composition.

 ABOUT THIS WEBSITE

  • The contents of this website is for general information and use only. It is subject to change without notice.

  • We do not accept any responsibility for any inaccuracies or errors within the website but endeavour to ensure that is accurate, up to date and as complete as possible at all times.

  • It is the customer’s responsibility to ensure that any products, services or information available through this website shall meet their specific needs.

  • This website contains reproductions of digital photography which are the intellectual property of Stephen Ball. But the copyright also covers the design, layout, look and appearance and graphics of the site itself. Reproduction is prohibited other than in accordance with the copyright notice which forms part of these terms and conditions (see `About the goods`, above).

  • Unauthorised use of, or interference with, this site may result in a claim for damages and / or be deemed as a criminal offence.

  • This website includes links to other websites. These links are listed to provide further information. They do not signify endorsement of the other website(s) and we take no responsibility for the content of the linked website(s).

  • You may not create a link to the Stephen Ball Photography website from another website or document without the prior written consent from Stephen Ball.

  • Every effort is made to keep the website up and running smoothly. However, we take no responsibility for and will not be liable for the website being unavailable due to technical issues beyond our control.

  • If any difficulties are experienced with the website please contact us so that its services can be continually monitored and improved.

ABOUT YOUR PRIVACY

  • No information is collected about individuals except a simple overall statistical count of the number of visitors to this website.

  • If a customer makes a purchase a name, delivery address telephone number and email address will be requested.

  • This information is requested simply in order to provide the goods required and the information retained only as a record of the sales made.

  • We are committed to ensuring that your information is kept secure and we will not sell, distribute or lease your personal information to third parties.

COMMERCIAL LICENCES

How can I use licensed content?

You may use content in any way that is not restricted (see Restricted Uses below). Subject to those restrictions and the rest of the terms of this agreement, the rights granted to you by Stephen Ball Photography are:

  • Expiry date: Dependent on individual agreement, licence length can be one or more years, individually priced. Period starts once payment has been received. Once period has expired, you will have the responsibility to not renew or renew licence. 

  • Non-exclusive, meaning that you do not have exclusive rights to use the content. Stephen Ball Photography can license the same content to other customers.

  • Unlimited, meaning you can use the content in an unlimited number of projects and in any media.

What can I use the photograph or image for under this licence?

For purposes of this agreement, "use" means to copy, reproduce, modify, edit, synchronize, perform, display, broadcast, publish, or otherwise make use of.

Examples of how you can use licensed content include: websites; blog posts; social media; advertisements; marketing campaigns; corporate presentations; newspapers; magazines; books; film and television productions; web and mobile applications; product packaging.

Please make sure you read the Restricted Uses section below for exceptions.

WHO OWNS THE COPYRIGHT?

The copyright remains with the photographer; Stephen Ball Photography. The customer purchases the licence for their use.

PAYMENT & COSTINGS

The costings for the licence are agreed with the customer on an independant basis subject to usage and exposure. We use the calculator guide with the Association of Photographers UK. 

We accept payment of credit and debit cards, Paypal and Apple Pay.

RESTRICTIONS OF USE

  1. No Unlawful Use. You may not use content in a pornographic, defamatory or other unlawful manner.

  2. No Standalone File Use. You may not use content in any way that allows others to download, extract, or redistribute content as a standalone file (meaning just the content file itself, separate from the project or end use).

  3. No Use in Trademark or Logo. You may not use content as part of a trademark, design mark, tradename, business name, service mark, or logo.

  4. No False Representation of Authorship. You may not falsely represent that you are the original creator of a work that is made up largely of licensed content. For instance, you cannot create a painting based solely licensed content and claim that you are the author.