1. Introduction

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1.1 These terms of sale ("Terms") set out the terms and conditions under which you may purchase digital content ("Paid Content") from us through our website ("Site"). Please read these Terms carefully before ordering any Paid Content from our Site. You should understand that by ordering any of our Paid Content, you agree to be bound by these Terms.

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1.2 You will be asked to agree to these Terms before you place an order for Paid Content. If you do not agree to these Terms, you must not order any Paid Content from our Site.

 

2. Information About Us

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2.1 Our Site is operated by Wild Kind Photography whose registered address is 5A St. James Road, Wallasey, Merseyside, UK CH45 9LR.

 

3. Access to Paid Content

3.1 Access to our Site is free of charge, but access to certain areas and Paid Content may be restricted to registered users or require payment.

 

3.2 By placing an order for Paid Content through our Site, you warrant that you are legally capable of entering into binding contracts and that you are at least 18 years old.

 

4. Ordering Paid Content

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4.1 To order Paid Content, you must follow the instructions on our Site.

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4.2 Our order process allows you to check and amend any errors before submitting your order. Please take the time to read and check your order at each stage of the order process.

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4.3 When you place an order for Paid Content, this constitutes an offer to purchase that Paid Content from us. You will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 6.3 below.

 

5. Prices and Payment

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5.1 The prices of our Paid Content will be as quoted on our Site at the time you submit your order. We take all reasonable care to ensure that the prices of Paid Content are correct at the time when the relevant information was entered onto the system. However, please see clause 5.4 for what happens if we discover an error in the price of Paid Content you ordered.

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5.2 Prices for our Paid Content may change from time to time, but changes will not affect any order you have already placed.

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5.3 The price of Paid Content includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Paid Content in full before the change in VAT takes effect.

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5.4 It is always possible that, despite our best efforts, some of the Paid Content on our Site may be incorrectly priced. We will normally check prices as part of our order processing procedures so that, where the Paid Content's correct price is less than our stated price, we will charge the lower amount when dispatching the Paid Content to you. If the Paid Content's correct price is higher than the price stated on our Site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Paid Content at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.

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5.5 We accept payment by credit card.

 

6. Formation of the Contract

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6.1 No contract exists between you and us for the sale of any Paid Content until we have received your order and sent you an order confirmation (whether or not you receive it). Once we do so, there is a binding legal contract between us.

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6.2 The contract between you and us for the sale of Paid Content will only be formed when we send you the order confirmation.

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6.3 Order confirmations under sub-Clause 6.2 will be sent to you before the end of the period of 24 hours beginning on the day after you place your order and shall contain the following information:

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6.3.1 Confirmation of the Paid Content ordered, including full details of the main characteristics of that Paid Content;

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6.3.2 Fully itemised pricing for the Paid Content ordered, including, where appropriate, taxes, and other additional charges;

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6.3.3 Details of how to access the Paid Content ordered; and

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6.3.4 Any other information required by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

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6.4 If we, for any reason, do not accept or cannot fulfill your order, no payment shall be taken under normal circumstances. If we have taken payment, any such sums will be refunded to you as soon as possible and in any event within 14 calendar days.

 

7. Payment

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7.1 Payment for Paid Content must always be made in advance. Your chosen payment method will be charged when we process your order and send you an order confirmation.

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7.2 We accept the following methods of payment on our Site:

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7.2.1 Visa;

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7.2.2 Mastercard;

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7.2.3 American Express;

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7.2.4 Apple Pay; and

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7.2.5 Google Pay.

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7.3 All payments made through our Site are made through an encrypted connection to our payment service provider. This ensures that your payment information is kept private while in transit between your web browser and our Site.

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7.4 Payment information is never stored on our servers.

 

8. Provision of Paid Content

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8.1 Upon our acceptance of your order, you will be granted access to the Paid Content that you have purchased. Your access to the Paid Content will continue until the earlier of:

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8.1.1 The access period that you have purchased ends;

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8.1.2 The contract is terminated by either party in accordance with these Terms; or

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8.1.3 We cease to offer the Paid Content through our Site.

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8.2 Access to the Paid Content is provided through our Site and in accordance with any instructions that we provide to you. 

 

9. Your Rights to Cancel and Applicable Refund

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9.1 Before we begin to provide the Paid Content, you have the following rights to cancel an order for Paid Content:

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9.1.1 You may cancel any order for Paid Content within 14 calendar days of the date of the order confirmation (the "Cooling-Off Period") by contacting us. We will confirm your cancellation in writing to you.

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9.2 If you cancel an order for Paid Content under sub-Clause 9.1 and we have already begun to provide the Paid Content, the following shall apply:

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9.2.1 You must pay us for the Paid Content provided up until the time that you inform us that you wish to cancel the order this means that if you have received your paid content in full you will not be entitled to a refund; and

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9.2.2 Any amounts due under sub-Clause 9.2.1 shall be deducted from any refund that is due to you or, if no refund is due to you, we shall invoice you for the balance.

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9.3 Any refunds under this Clause 9 will be issued to you as soon as possible and in any event within 14 calendar days of the date on which you inform us that you wish to cancel the order.

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9.4 Refunds under this Clause 9 will be made using the same payment method that you used when ordering the Paid Content.

 

10. Our Liability

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10.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms or as a result of our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it is contemplated by you and us when the contract between you and us is created. We will not be responsible for any loss or damage that is not foreseeable.

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10.2 We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.

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10.3 Nothing in these Terms seeks to limit or exclude our liability for death or personal injury caused by our negligence (including that of our employees, agents, or sub-contractors); for fraud or fraudulent misrepresentation; or for any other matter in respect of which liability cannot be excluded or restricted by law.

 

11. Events Outside of Our Control (Force Majeure)

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11.1 We will not be liable for any failure or delay in performing our obligations where that 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 by third parties, civil unrest, fire, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic, pandemic, or any other event that is beyond our control.

 

12. Contacting Us

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12.1 If you wish to contact us with general questions or complaints, you may contact us by email at hello@wildkindphotography.com.

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12.2 If you have any questions, complaints, or concerns about these Terms or any other matter, please contact us using one of the following methods:

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12.2.1 Contact us by email at hello@wildkindphotography.com;

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12.2.2 Contact us by using the contact form on our Site.

 

13. Complaints and Feedback

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13.1 We always welcome feedback from our customers. While we strive to ensure that your experience as a customer of ours is positive, we nevertheless want to hear from you if you have any cause for complaint.

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13.2 If you wish to complain about any aspect of your dealings with us, including but not limited to these Terms of Sale, the Contract, or the Paid Content, please contact us using one of the following methods:

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13.2.1 In writing, addressed to  5A St. James Road, Wallasey, Merseyside, UK CH45 9LR;

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13.2.2 By email, addressed to hello@wildkindphotography.com.

 

14. How We Use Your Personal Information (Data Protection)

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14.1 All personal information that we may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation ("GDPR") and your rights under the GDPR.

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14.2 For complete details of our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to our Privacy Policy available from https://www.wildkindphotography.com/legal.

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14.3 We may from time to time share your personal information with our subcontractors. Details of those subcontractors can be found at www.wildkindphotography.com.

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14.4 Without your express consent, we will not share your personal data with any other third party.

 

15. Other Important Terms

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15.1 We may transfer (assign) our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if we sell our business). If this occurs, you will be informed by us in writing. Your rights under these Terms of Sale will not be affected, and our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.

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15.2 You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without our express written permission.

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15.3 The Contract is between you and us. It is not intended to benefit any other person or third party in any way, and no such person or party will be entitled to enforce any provision of these Terms of Sale.

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15.4 If any of the provisions of these Terms of Sale are found to be unlawful, invalid, or otherwise unenforceable by any court or other authority, that/those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.

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15.5 No failure or delay by us in exercising any of our rights under these Terms of Sale means that we have waived that right, and no waiver by us of a breach of any provision of these Terms of Sale means that we will waive any subsequent breach of the same or any other provision.

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15.6 We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements. If we change these Terms of Sale as they relate to your order, we will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them. If you do opt to cancel, you must return any relevant Paid Content you have already received, and we will arrange for a full refund (including any delivery charges) which will be paid within 14 days of your cancellation.

 

16. Law and Jurisdiction

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16.1 These Terms of Sale and the relationship between you and us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.

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16.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 16.1 above takes away or reduces your rights as a consumer to rely on those provisions.

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16.3 Any dispute, controversy, proceedings, or claim between you and us relating to these Terms of Sale or to the relationship between you and us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

 

17. Restrictions on Use of Paid Content

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17.1 The Paid Content is provided solely for your personal use and/ or use by you in your business. You agree not to share, distribute, or otherwise make the Paid Content available to any third party.

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17.2 You must not copy, reproduce, distribute, modify, create derivative works of, publicly display, or perform, republish, download, store, or transmit any of the Paid Content, except as follows:

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17.2.1 Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

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17.2.2 You may store files that are automatically cached by your Web browser for display enhancement purposes.

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17.2.3 You may print or download one copy of a reasonable number of pages of the Paid Content for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

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17.3 You must not alter or modify any Paid Content, nor attempt to decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Site.

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17.4 Any use of the Paid Content not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws